Agenda packet, fourth session — La Verne City Council, March 20, 2023

Agenda And Agenda Packet
CITY COUNCIL AGENDA 2023-03-20 2.PDF
CITY COUNCIL AGENDA PACKET, 2022-03-20.PDF
Supplemental Document
FY 2022-23 MID-YEAR BUDGET UPDATE 3-20-2023.PDF

1. Documents:

2. Documents:

CITY OF LA VERNE

CITY COUNCIL AGENDA
_____________________________________________________________________________ Monday, March 20, 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 the Thursday, prior to the regular Council 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:

View the meeting through the City’s website at www.cityoflaverne.org/live and click on “Watch Live.” Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.

Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on.

Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.

If you wish to participate via Zoom, please visit cityoflaverne.org/zoom and you will be automatically redirected to the meeting. 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.

Council Meeting Decorum: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.

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, Monday, March 20, 2023, Page 2

CALL TO ORDER
PLEDGE OF ALLEGIANCE BY VETERAN – Maria McKinney, Air Force- Staff Sergeant ROLL CALL: Council Member Meshal “Kash” Kashifalghita, Council Member Steven Johnson, Council Member Wendy Lau, Mayor Pro Tem Rick Crosby, and Mayor Tim Hepburn.

PRESENTATIONS
a. Introduction of Bonita Unified School District Superintendent Matt Wien and the Board of Education members.
b. Presentation of Proclamation declaring March 2023, Red Cross Month honoring the many volunteer heroes who provide hope in the face of life’s emergencies. c. Recognition and Presentation of “Pride of La Verne Award” Recipients - Annually, the City Council presents the "Jack Huntington Award” and the “Jim Scranton Award” to recognize volunteers who have made outstanding contributions and performed exemplary service to the City and the community. Each recipient receives an individual Pride of La Verne plaque and their names are placed on perpetual plaques displayed in City Hall.

The “Jack Huntington Award” was named after S. Jack Huntington who moved to La Verne in 1970.

Despite heavy professional obligations and time commitments to the U.S. Naval Reserve, Jack became actively involved in the community as a volunteer. He was active in various local organizations including the La Verne Jaycees, Little League and the Youth Basketball program.

Jack also served as a City of La Verne Commissioner for more than 15 years, completing two terms on the Parks & Recreation Commission as well as two terms on the Planning Commission. Jack Huntington was a citizen volunteer who exemplified the “Pride of La Verne” through selfless service to the community.

This year the “Jack Huntington Pride of La Verne Award” is being presented to Linda Logan.

She is a long-time resident and is the Vice President of The McIntyre Company in Covina, a Commercial Real Estate Development and Management firm. She was involved in La Verne Little League as a team mom and a founding member of the La Verne Little League Auxiliary and helped to raise funds for the Junior Division Little League families to travel to Taylor Michigan for the World Series. Linda started K9 Partners of Covina, is a member of the Covina Rotary Club, was Rotary District 5300 Youth Exchange Officer for 4 years, Founder and Chairman of Field of Valor and most recently, in 2019, Linda started La Verne K-9 & Police Foundation. The Foundation has raised $160,000.00 to date. They funded the purchase of K-9 Dino, equipped an existing police car with the special items needed to transport and help the K-9s work effectively, purchased special equipment, leashes, food, and training, and paid for medical expenses. Most recently the Foundation funded the purchase of K-9 Tupelo, a Bloodhound, her special leashes, harnesses, a GPS collar, and other special equipment for her handler, Officer Weinreb. Linda credits the community as having been wonderful partners. Katie’s Pet Depot, a Foundation partner, has donated toys, food, and other items for K-9 Tupelo. The Foundation continues to support K-9 Tupelo with food and necessary items not donated.

AGENDA, La Verne City Council Meeting, Monday, March 20, 2023, Page 3 The “Jim Scranton Award” was named after long-time resident Jim Scranton who was a member of the Youth Sports Committee since its inception. In 1986, he formed the La Verne Lazers Soccer Club organization which provides youngsters an opportunity to play soccer at a highly competitive level.

Jim also spent five years on the City Sports Park Committee, which resulted in the development of 35 acres of sports fields for the community. He also participated in the City women’s soccer program as a coach. Jim is survived by his wife Susan and their children. The Youth Sports Committee recommended that a Pride of La Verne Youth Sports Volunteer Award be named in honor of Jim Scranton.

This year the “Jim Scranton Pride of La Verne Award” is being presented to Eric Shadrick. Eric’s passion for volunteering started at his daughter’s La Verne Heights elementary school, where he helped at school events such as Sports Nights, Carnivals, Garden Club, fundraisers, and his wife, Lynda’s, Girl Scout Troops. He volunteered at Ramona Middle School & Bonita High School in several capacities and could regularly be seen flipping burgers on Friday Night Lights. He passed his lifelong love for soccer along to both daughters and his youth soccer career began as an Assistant AYSO Coach for one of their teams in 2006. He soon after became a Head Coach with 2 teams. He has held multiple positions within AYSO, such as Assistant Regional Commissioner, Divisional Coordinator, Referee, Coach, Trainer, Spring Select Coach, All-Star Coach, as well as Director of the Great Western Shootout. Eric began coaching at the club level 8 years later with the La Verne Lazers Soccer Club, where he joined the Board, created two teams for the Club and was voted President a year later. There, he served with an all-volunteer Board and helped strengthen the Club from 3 to 11 teams and was the Club Liaison to the City’s Youth Sports Committee for all 7 years. Since moving on from the Lazers, he looks forward to continuing to serve on the Youth Sports Committee as a Member at Large and is most recently a proud new founding member of Cal Poly Pomona’s Parent Ambassador Program, which helps support Cal Poly students & families as they transition to college life.

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.)

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.)

1. City Council Minutes for March 6, 2023, to be received and filed.

2. Register of Audited Demands, in the amount of $1,914,180.75 dated March 2, 2023, and in the amount of $864,587.46, dated March 9, 2023, approval recommended.

AGENDA, La Verne City Council Meeting, Monday, March 20, 2023, Page 4

3. Street Closures for the 2023 La Verne Cool Cruise and Cruisin La Verne Holiday Car Shows - The City Council approved a three-year agreement with Flying Deuces, the event organizer for the La Verne Cool Cruise and Cruisin La Verne Holiday car shows in August 2022. In advance of the April 8, 2023, Cool Cruise car show, staff is recommending that the City Council approve street closures for the remainder of the car show events under the agreement and appropriate the necessary funds to cover the costs associated with having the April 8 Cool Cruise event. Future events will be budgeted separately as part of the annual budget process.

It is recommended that the City Council:

1. Authorize the Public Works Director to take the necessary steps to permit the temporary street closure for portions of D Street and Third Street in Old Town La Verne for the remainder of the car show events as outlined in the 2022 agreement.

2. Appropriate $8,500 from the General Fund to the Fiscal Year 2022-23 Budget to cover the costs associated with having the April 8, 2023 event; and

3. Approve the waiver of administrative review fees for the La Verne Cool Cruise and Cruisin La Verne car shows.

4. Lowell Brandt Park Playground - The playground replacement at Lowell Brandt Park was originally approved as part of the Capital Improvement Program for fiscal year 2019-2020 using Park Development Funds. This playground no longer meets safety standards and needs to be removed immediately and replaced, and an additional appropriation from the Capital Improvement Fund Reserve of $171,700 is requested.

It is recommended that the City Council:

1. Award a contract to Miracle Recreation Equipment Co. in an amount of $246,700 for the removal, site preparation, and installation of playground equipment at Lowell Brandt Park; and

2. Appropriate $171,700 from the Capital Improvement Fund Reserve.

5. Resolution No. 23-12 - Accepting the Fire Department’s 2022 Report on Compliance with State Inspections Mandates – In accordance with Senate Bill 1205 (SB1205) all fire departments, within the State of California, annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities and report annually to its administering authority its compliance.

It is recommended that the City Council adopt Resolution No. 23-12, as follows:

Resolution No. 23-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACKNOWLEDGING RECIEPT OF A REPORT MADE BY THE FIRE CHIEF OF THE LA VERNE FIRE DEPARTMENT’S REQUIREMENT TO INSPECT CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

PUBLIC HEARINGS – None Scheduled
AGENDA, La Verne City Council Meeting, Monday, March 20, 2023, Page 5

OTHER MATTERS

6. 2022-23 Mid-Year Budget Update: The Mid-Year Budget Update is a financial update report for the 2022-23 Fiscal Year. Updated budget assumptions and estimates have resulted in increases of $2,249,697 in revenue and $2,243,504 in expenditures for the General Fund resulting in a net increase of $6,193 to the General Fund Reserves for mid-year adjustments. Various non-general fund adjustments are included with a revenue increase of $389,567 and expenditure increase of $2,382,088.

STAFF RECOMMENDATION: That the City Council approve the budget amendments detailed in the attached Budget Amendments Listing,
adjusting revenues and expenditure appropriations for the fiscal year 2022-23 budget.

7. Resolution Adjusting Fire Marshal Median Salary - City Council approval is requested for a salary adjustment for the Fire Marshal classification in order to remain competitive in compensation.

STAFF RECOMMENDATION: That the City Council adopt Resolution 23-13, as follows:

Resolution No. 23-13 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LA VERNE, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, AMENDING
RESOLUTION NO. 22-48, A SALARY CHART FOR

FULL-TIME EMPLOYEES TO UPDATE THE SALARY
FOR FIRE MARSHAL.”
PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back.

There is a 3-minute time limit on public comments.

AGENDA, La Verne City Council Meeting, Monday, March 20, 2023, Page 6 COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended.

ADJOURNMENT to Monday, March 27, 2023, at 5:30 p.m. for a closed session at La Verne City Hall for the following:

TheCityCouncil willmeetin ClosedSessionpursuantto GovernmentCodeSection 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, La Verne Firefighters’’
Association and all unrepresented employees.

THE NEXT REGULAR MEETING of the La Verne City
Council is scheduled for Monday, April 3, 2023, at 6:30p.m.

ADVISORY STAFF
Ken Domer, CityManager
JR Ranells, Assistant CityManager
Kimberly Hall Barlow, CityAttorney
Lupe Gaeta Estrella, Assistant CityClerk
Anthony Ciotti, Interim Public WorksDirector
Eric Scherer, Director of Community Development
Christy Lopez, FinanceDirector
Sam Gonzales, Acting PoliceChief
Christopher Nigg, Fire Chief
Yvonne Duran, Community Services Manager
Cody Howing, CityEngineer
Posting Statement: A true and correct copy of this Agenda was posted on March 15, 2023, at the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.

FY 2022-23
Mid-Year Budget Update
312012023
@
Fiscal Year 2022-23 Revised Budget:

FY 2022-23 General Fund Budget Summary
Estimated Beginning Fund Balance
Fiscal Year 2022-23 Adopted Budget
Resources
Appropriations
Budget Revision - Prior Year Encumbrances
Resources
Appropriations
Budget Revision - Salary Adjustment
Resources - Measure LV
Appropriations
Budget Revision - Unfunded Liability
Resources - 1 15 Trust
Appropriations
Budget Revision - Funding for Police Vehicles
Resources
Appropriations
Budget Revision - Funding for Police Clerk
Resources
Appropriations (partial yeao
Budget Revision - MOU Changes
Resources - Measure LV
Appropriations
Budget Revision - Mid-Year Adjustments
Resources
Approved 6-20-2022
Approved in Fiscal Year 2021-22
Approved 7-18-2022
Approved &15-2022
Approved 1 1-07-2022
Approved 11-07-2022
Approved 12-19-2022
Proposed
42,489,821
(42,391,999)
(636,096)
533,100
(s33,100)
(82,000)
0 (25,300)
73,132
(73,132)
2,249,697
(2,243,5O4)
0 0
*Community Risk Reduction Specialist was added during the first half of the tiscal year, the position has not been filled yet and will require roughly two-months of appropriations which will be absorbed by other vacancy savings. @
Estimated Ending Fund Balance $12,006,419
490,000
(490,000)
FY 2022-23 General Fund
Estimated Revenues
Budget Mid-Year Adjustment Year End Estimate
Charges for Services
Fines & Forfeiture
lntergovernmental
License & Permits
Taxes
Transfers
Use of Money & Property
7,043,800
306,800
421,542
2,003,500
25,084,747
8,233,268
519,200
(231 ,310)
(293,600)
25,000
153,500
663,320
1,834,609
98,1 78
6,812,490
13,200
446,542
2,157,000
25,748,067
10,067,877
617,378
Grand Total $43,612,857 $2,249,697 $45,862,554
@
FY 2022-23 General Fund
Overage by Department
Type Personnel Operational Capital Transfer Grand Tota
Asset Forefeiture
Building
City Attorney
City Clerk
City Council
City Manager
Community Development
Community Services
Debt Service
Finance
Fire
lnfo Systems
Non-Departmental
Parks
Police
Streets
Traffic Safety
Transfer
(1,673)
(6,295)
2,689
(91,563)
(16,789)
(77,678)
62,933
(1,438,463)
87,061
33,826
(256,740)
26,379
(500,000)
13,980
6,295
(92,211)
(14,628)
(142,933)
(1 30,885)
(102,114)
(23,500)
(3e,552)
169,580
303,919
(26,225)
$(s00,000)
$(13,e1e)
$-
$0
453,983
(442,902)
$2,689
$(91,563)
$(109,000)
$(92,306)
$-
$(80,000)
$(1,569,348)
$(15,053)
$(23,500)
$33,826
$(296,292)
$195,959
$757,902
$(442,902)
lGrand Total $(1 ,676,310) $(26,2251 $11,081 $12,243,5041 @
$(552,050)
Ouestions
&
Comments
@
City Council Agenda Packet, Monday, March 20, 2023
Agenda 2
Agenda Items

1. City Council Minutes 8

2. Register of Audited Demands 16

3. Street Closures for the 2023 La Verne Cool Cruise
And Cruisin La Verne Holiday Car Shows 24

4. Lowell Brandt Park Playground 42

5. Reso No. 23-12 Accepting the Fire Department’s
2022 Report on Compliance with State Inspection
Mandates 62

6. 2022-23 Mid-Year Budget Update 69

7. Reso No. 23-13 Adjusting Fire Marshal Median Salary 83

CITY OF LA VERNE

CITY COUNCIL AGENDA
_____________________________________________________________________________ Monday, March 20, 2023 - 6:30 p.m.

The “Jack Huntington Award” was named after S. Jack Huntington who moved to La Verne in 1970.

This year the “Jack Huntington Pride of La Verne Award” is being presented to Linda Logan.

The “Jim Scranton Award” was named after long-time resident Jim Scranton who was a member of the Youth Sports Committee since its inception. In 1986, he formed the La Verne Lazers Soccer Club organization which provides youngsters an opportunity to play soccer at a highly competitive level.

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.)

1. City Council Minutes for March 6, 2023, to be received and filed.

2. Register of Audited Demands, in the amount of $1,914,180.75 dated March 2, 2023, and in the amount of $864,587.46, dated March 9, 2023, approval recommended.

It is recommended that the City Council:

2. Appropriate $8,500 from the General Fund to the Fiscal Year 2022-23 Budget to cover the costs associated with having the April 8, 2023 event; and

3. Approve the waiver of administrative review fees for the La Verne Cool Cruise and Cruisin La Verne car shows.

It is recommended that the City Council:

1. Award a contract to Miracle Recreation Equipment Co. in an amount of $246,700 for the removal, site preparation, and installation of playground equipment at Lowell Brandt Park; and

2. Appropriate $171,700 from the Capital Improvement Fund Reserve.

It is recommended that the City Council adopt Resolution No. 23-12, as follows:

Resolution No. 23-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,

PUBLIC HEARINGS – None Scheduled

OTHER MATTERS

7. Resolution Adjusting Fire Marshal Median Salary - City Council approval is requested for a salary adjustment for the Fire Marshal classification in order to remain competitive in compensation.

STAFF RECOMMENDATION: That the City Council adopt Resolution 23-13, as follows:

Resolution No. 23-13 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LA VERNE, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, AMENDING
RESOLUTION NO. 22-48, A SALARY CHART FOR

FULL-TIME EMPLOYEES TO UPDATE THE SALARY
FOR FIRE MARSHAL.”

PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back.

There is a 3-minute time limit on public comments.

COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended.

ADJOURNMENT to Monday, March 27, 2023, at 5:30 p.m. for a closed session at La Verne City Hall for the following:

TheCityCouncil willmeetin ClosedSessionpursuantto GovernmentCodeSection 54957.6 for the following:

THE NEXT REGULAR MEETING of the La Verne City
Council is scheduled for Monday, April 3, 2023, at 6:30p.m.

MINUTES OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF

LA VERNE
Monday, March 6, 2023
________________________________________________

1. A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:31 p.m.

2. Before the start of the meeting, Mayor Hepburn reminded everyone in the audience of the City’s Rules of Decorum to conduct themselves with decorum and not engage in willful conduct which interrupts the meetings or with the orderly conduct of the meeting.

3. 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 Kimberly Hall Barlow
Assistant City Clerk Lupe Gaeta Estrella

4. Pledge of Allegiance was led by Veteran Jeff Sanchez, Army- Master Sergeant.

5. Presentation of Proclamation
Declaring the Month of March
as Women’s History Month
Mayor Hepburn, on behalf of the City Council, declared the Month of March 2023 as Women’s History Month, with a proclamation recognizing the incredible role women have played in our Nation and the promising future women of all backgrounds will bring to our world. He invited all the women in the audience to the dais to be recognized.

Gold Line Update Lisa Levy Buch, Chief Communications & Strategic Development Officer with the Foothill Gold Line, reported on the progress of the Gold Line Construction from Glendora to Montclair with a Power Point presentation. She stated that the Foothill Gold Line from Glendora to Montclair will extend the Metro Gold Line 12.3 miles and add stations in the Cities along its path. To date, the construction project is 64% completed.

Mayor Hepburn and the City Council thanked Lisa Levy Buch for the presentation.

6. Announcements of Upcoming
Community Events
Danita Beauchamp, La Verne resident, announced that there will be a Dog Fest Event to raise money for the K-9 Foundation on Sunday, May 21, 2023, at La Verne Lutheran High School.

Sherry Best, President of the La Verne Historical Society, reported on their upcoming events.

Council Member Kashifalghita announced that Calvary Baptist Church is holding a car show on April 15, 2023.

Mayor Hepburn announced that Saturday, March 11, 2023, is Little League Opening Day.

March 20, 2023 8

7. Consent Calendar It was moved by Crosby, seconded by Johnson, and unanimously carried to accept, approve, or act on the Consent Calendar items, except for the Register of Audited Demands which was pulled from the Consent Calendar.

City Council Minutes City Council Minutes of the regular meeting of February 21, 2023, received and filed.

Pulled for further Discussion/
Register of Audited Demands
Richard Bowen, La Verne resident, pulled this item from the Consent Calendar.

He questioned the number of demands being presented for approval. He also, questioned the large payments made to the Department of Justice and CJPIA.

City Manager Domer responded that the reason for number of demands was because it includes the demands that were not included in the last Council meeting. He explained that the City provides fiduciary services to law enforcement agencies by receiving and expending grants funds to the Department of Justice. The City is paid for fiduciary services.

It was moved by Kashifalghita, seconded by Johnson, and unanimously carried to approve the Register of Audited Demands, as recommended.

Register of Audited Demands, in the amount of $1,926,156.70 dated February 2, 2023, in the amount of $1,418,997.01 dated February 9, 2023, in the amount of $1,736,303.54 dated February 16, 2023; and in the amount of $535,789.75, dated February 23, 2023. Approved.

Heart of the Foothills Open
Streets Event
Heart of the Foothills Open Streets Event - Memorandum of Understanding 2023 - Authorization to execute a Memorandum of Understanding between the cities of La Verne, Claremont, Pomona, San Dimas, and the San Gabriel Valley Council of Governments to host the Heart of the Foothills Open Streets event to be held on April 23, 2023.

It was recommended that the City Council authorize the City Manager to execute the proposed Memorandum of Understanding with the cities of Claremont, Pomona, San Dimas, and the San Gabriel Valley Council of Governments for event planning, public safety, traffic control, and other support services for the Heart of the Foothills event to be held on April 23, 2023. Approved.

Resolution No. 23-11, Adopting
a Salary Chart for Part-Time
Employees
RESOLUTION NO. 23-11, ADOPTING A SALARY CHART FOR PART-TIME EMPLOYEES AND AMENDING RESOLUTION NO. 22-48, A SALARY

CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR
AMBULANCE OPERATOR - Resolution No. 23-11 and the associated parttime salary table reflect adjustments in compensation resulting from increases in the California Minimum Wage as well as adjustments to better reflect aquatics employee work duties and responsibilities. The proposed changes also include an adjustment to the full-time Ambulance Operator position since they are also tied to the statutory minimum wage of $15.50 per hour.

March 20, 2023 9
It was recommended that the City Council adopt Resolution No. 23-11, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A

SALARY CHART FOR PART-TIME EMPLOYEES AND AMENDING
RESOLUTION NO. 22-48, A SALARY CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE OPERATOR”; and,
To appropriate $39,100 from the General Fund to cover the minimum wage increase through the remainder of the 2022-23 Fiscal Year. Approved.

8. 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. (Below are only partial public comments, please visit the City’s website to view the archived Council meeting.)
Mayor Hepburn called for public comment.

James, La Verne resident, remarked that the La Verne Police Department has the resources to process concealed weapons (CCW) permits in -house.

Lilly Haung, La Verne resident, felt that the CCW permit fees were too high.

She was concerned with her safety.

Skip, La Verne resident, stated that the CCW permit fees were exorbitant.

Warren, La Verne resident, stated the CCW permits were exorbitant, and the objective standards were not used.

Danita Beauchamp, La Verne resident, stated that the Council Chamber doors are too heavy to open and that all communications made by City Council at the dais be placed on the Council Agenda for discussion.

Keith Reeves, La Verne resident, stated that the CCW permits fees are too high.

John Wilson, La Verne resident, stated he was concerned with number of cars running stop signs and red lights in the City.

Attorney Konstadinos Moros, representing the California Rifle & Pistol Association (CRPA), stated they were pleased that La Verne will be processing the CCW permits, but they were disappointed with the high fees and requirements. He stated they wished to resolve things amicably before taking further action in court.

Gary Hunter, La Verne resident, asked who he can contact in the City regarding lights that are out.

Jim Carlson, La Verne resident, stated that the 2nd Amendment gives the Citizen’s the right to bear arms.

Cynthia Gabaldon, La Verne resident, stated she is a long-time gun owner and feels safer when she travels.

Steve Wiard, La Verne resident, stated that the La Verne Police Department did an excellent job on their presentation at the last Council meeting justifying the CCW Permit fees.

March 20, 2023 10
Bill, La Verne resident, stated it was a 2nd amendment right to carry arms and that it is the vendor who will be processing the CCW applications who will be getting rich.

Thomas Allison, La Verne resident, stated that the psychological test is needed as part of the application process for a CCW permit. The City Council should follow the recommendation of the La Verne Police Department who are trusted with public safety.

Muller, La Verne resident, stated that he disagreed with the high CCW permit fees and people should be able to obtain a CCW permit to protect themselves.

Ms. Juarez, La Verne resident, stated she was shocked with high CCW permit fees and she reported on what other cities are charging.

Mark, La Verne resident, stated the CCW Permit fees are too high and La Verne is now in the news because of it.

Shanna, La Verne resident, stated she is a firearms instructor. She stated that the CCW permit fees are over the roof and its discrimination for those who cannot afford the processing fee.

Muir Davis, La Verne resident, thanked the City Council for reminding the audience of the Council decorum.

Ed, La Verne resident, spoke about CCW permit processing in Arizona.

Rick Bowen, La Verne resident, stated that the State of Texas allows citizens to carry firearms.

City Attorney Barlow clarified that there are some misconceptions on the CCW permit process and stated that per California law, the City Council was unable engage in discussion on this matter since it was not on the Agenda.

Three public comments received by email are attached.

9. Council Comments Below are only partial Council comments, please visit the City’s website to view the archived Council meeting.

Council Member Lau thanked the audience for engaging in discussion. She reported attending Los Angeles County Supervisor Barger’s Evening with Fifth District Cities event on March 2, 2023. In addition, she reported on the Fairplex Specific Plan, Los Angeles County Fair in May, and she spoke about the K-9 Foundation.

Mayor Pro Tem Crosby thanked the audience for their participation, expressing their opinions and in keeping with Council decorum. He stated he would like to bring back to City Council the CCW permit process for discussion.

March 20, 2023 11
Council Member Kashifalghita thanked the audience for attending the meeting and for their participation. He reported he attended the Nithyanandeshwara Hindu Temple event in Montclair for their Karthigai Deepam Lighting Ceremony, and that he attended the Attorney General Rob Bonta inauguration.

He reported on Damien High School Hockey Team’s stellar season and plans on recognizing them at an upcoming City Council meeting.

Council Member Johnson reported he attended the Pomona Pride Center first annual Pomona Valley - State of the LGBTQIA+ Community Event on Tuesday, February 28th.

Mayor Hepburn thanked the residents for attending and for engaging in discussion. All their comments were appreciated. He reported that on April 23, 2023, there will be Heart of Foothill event sponsored by the San Gabriel Valley Council of Governments.

13. Closed Session Prior to meeting in closed session, City Attorney Barlow reported on Anticipated ligation – one potential claim. She stated the City received a letter from the Law Office of Michel & Associates, Inc, representing the California Rifle & Pistol Association (CRPA) pertaining to the CCW permit fees and requirements and pertaining to potential lawsuit. There will be no announcement out of closed session.

13. Closed Session At 8:26 p.m., the City Council met 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.

The City Council met with its legal counsel to discuss significant exposure to litigation pursuant to Government Code §54956.9(b)(1)(3):

Conference with Legal Counsel – Anticipated litigation, one potential case.

There was no announcement.

14. Adjournment at 9:45 p.m.

Respectfully submitted,
Lupe Gaeta Estrella, CMC
Assistant City Clerk
March 20, 2023 12
Lupe Estrella
From:

Sent:

To:

Subject:

Keith Reeves <[email protected]>
Monday, March 6,20231:43 PM
Lupe Estrella
Re: I wish to make a public comment at the meeting on March 6. I have included it here for the public record. Thank You'
Revised comments. Thank You'
Mayor, members of the council, citizens of La Verne'
I am concerned about the exorbitant fees for concealed carry permits. They are clearly unconstitutional and discriminatory.

My first "or.L.n
is that they are unconstitutional. The high fees, letters of reference, home inspection, and the mandatory psychological e*am are in direct violation of Bruen mandates. I will let others elaborate on that.

My second concern is that they are discriminatory. They clearly disenfranchise those who need protection the most: orphans and widows, single moms, minoriiies, the disabled, and other people who are economically disadvantaged.

I come to you today with eight concrete proposals:

1. Bring CCW issuance back in house'

2. Tap into RSVP and CERT to get administrative help if necessary'

3. Cap the administrative fees at $150. That is still expensive for some, but it balances the cost to the city and the citizen.

4. Scrap the resident inspection. What are we, a banana republic? Not having a detective inspect your home will save the citY a lot of money.

5. Eliminate the required psychological exam. We all know crazy people who we don't want to have guns, but they often pass psycnltogica"l tests, and they don't typically apply for concealed carry permits' A required psychological test places an unnecessary financial burden on the citizen and on the city'

6. Eliminate required letters of reference. These are clearly unconstitutional and add a significant cost to the citY in Processing these.

7. Don,t force people to duplicate live scans. For example, if a person already has a live scan with the city due to RSVir, CER1, or some other reason, do not force them to do a live scan again'

8. Allow for broader ways to demonstrate firearms proficiency. You have a list of many approved providers, but many applicants have demonstrated proficiency in other ways. For example, since I am a certified pistol instrucior. I have already demonstrated firearms proficiency at afar greater level than what the city is currently requiring. Many applicants also are former military and certainly don't need to take a basic class. Be a little more-flexibie in this so people don't have to pay for something they don't need.

These eight recommendations will reduce fees, allowing the marginalized among us to protect themselves' and bring the city into compliance with Bruen. I hope these proposals will create a win-win for the city and its citizens. Thank You.
1 March 20, 2023 13
On Wed, Mar 1, 2023 at8:35 AM Lupe Estrella <[email protected]> wrote:

Received.

From: Keith Reeves <[email protected]>
Sent: Wednesday, March L,2023 7:03 AM
To: citycle rk <citvclerk @citvoflave rne'org>
Subject: I wish to make a public comment at the meeting on March 6. I have included it here for the public record Thank you.

Members of the Council, citizens of La Verne. Thank you. I know three of the council members. For those who don't know my story I will give a brief synopsis as I have a little history here. I addressed this counsel eight ago with about 50 of my friends after chief pickwick, the police chief, denied my concealed carry permit. That same evening the chief stood up and announced that he would no longer issue CCW permits in La verne, and would defer to the county.

That,s behind us now, and I am glad to see that La Verne is finally issuing concealed carry permits again, with a little persuasion from the Supreme Court.

But I am concerned about the exorbitant fees. They are clearly unconstitutional and discriminatory' My first concern is that they are unconstitutional. The high fees, letters of reference, and the mandatory psychological exam are in direct violation of Bruen mandates. I will let others elaborate on that.

My second concern is that they are discriminatory
High fees disenfranchise those who need protection the most: orphans and widows, single moms, minorities, the disabled
I understand that the police department decided to outsource ccws due to lack of personnel, and that outsourcing is a major factor in the high costs. The city either needs to fund additional personnel or find an alternative' Let me offer a suggestion. you have a large volunteer pool that can help to alleviate some of these costs' Both RSVP and CERT can certainly aid in this process. As Deputy director of La Verne CERT I would gladly donate four hours a week to aid in the backlog until it is processed through. I know other CERT members who would do the same' 2 March 20, 2023 14
I come to you today with seven concrete proposals:

1. Bring CCW issuance back in house.

2. Tap into RSVP and CERT to get administrative help.

3. Cap the administrative fees at StSO. tnat is still expensive for some, but it balances the cost to the city and the citizen.

4. Eliminate the required psychological exam. We all know crazy people who we don't want to have guns, but they often pass psychological tests, and they don't typically apply for concealed carry permits. A required psychological test places an unnecessary financial burden on the citizen and on the city' lt also puts the city at significant risk of litigation, as it violates the Bruen mandates'

5. Eliminate required letters of reference. These are clearly unconstitutional and add a significant cost to the city'

6. Don,t force people to duplicate live scans. For example, if a person already has a live scan with the city due to RSVP, CERT, or some other reason, do not force them to do a live scan again'

7. Allow for broader ways to demonstrate firearms proficiency. You have a list of many approved providers, but many applicants have demonstrated proficiency in other ways. For example, since I am a certified pistol instructor. I have already demonstrated firearms proficiency at a far greater level than what the city is currently requiring, Many applicants also are former military and certainly don't need to take a basic class. Be a little more flexible in this so people don't have to pay for something they don't need.

These seven recommendations will reduce fees and bring the city into compliance with Bruen. I hope these proposals will create a win-win for the city and its citizens. Thank you' 3 March 20, 2023 15

CITY OF LA VERNE

DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND TIAVE BEEN REVIEWED BY TIIE FINANCE

DIRECTOR FOR ACCURACY AND PROPER APPROVAL,

SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYI\,IENTS OTIIER THAN PAYROLL AND RELATED BENEFITS,

AMOUNT ISSUED TO DESCRIPTION
l.

2. 3.

4. 5.

6. 7.

8. 9.
l0
3 t 5,651 .65
105,323.59
3 1,000.00
28,t96.84
25,014.00
20,07 L80
I 3,990.98
t2,774.28
8,268.75
8,257.51
113,379.49

THREE VALLEYS MUNICIPAL WATER DISTRICT

STRATEGIC CONTRACTING SERVICES

LA VERNE CHAMBER OF COMMERCE
PEN.LINK, LTD

ROB CLARK CONSTRUCTION & DESIGN, INC,
DEPARTMENT OF T{EALTH CARE SERVICES

CITY OF POMONA

SERVPRO OF NORTH POMONA,/LA VERNE
ECONOLITE CONTROL PRODUCTS, INC.

MORROW MEADOWS CORP

OTHER DEMANDS
JANUARY 2023 WATER USE
LA CLEAR PERSONNEL SERVICES - FEBRUARY 2023

ARPA GRANT PROGRAM PAYMENT
LA CLEAR SOFTWARE MAINT, AND RENEWAL - JANUARY 2023 TO DECEMBER 2023

FIRE STATION ONE REMODEL
GROUND EMERGENCY MEDICAL TRANSPORTATION - 4TH QUARTER PAYMENT LAND BASE AGREEMENT - DECEMBER 2023

WATER RESTORATION SERVICES FOR CITY TIALL

ONE YEAR RENEWAL OF CENTRAC SOFTWARE
WATER STATION SERVICES. AMHERST, PUDDINGSTONE AND WHEELER $ 681,928.89
DEMANDS OF $48,I24.4I WERE PAID ON BEHALF OF LA IMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS, DEMANDS OF $I ,184,127 -45 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.

CHRISTY

FINANCE DIRECTOR
GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.

Page I of4
March 20, 2023 16
CIry OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT ISSUEDTO
3/2t2023
163t82
r63 r 83
163184
163 185
163186
163187
r63188
163189
163 l 90
t63l9l
163r92
163193
163t94
163 195
l 63 196
163t97
163 198
163t99
163200
163201
163202
163203
163204
163205
163206
163207
163208
163209
163210
t632lt
163212
163213
163214
1632t5
163216
163217
163218
163219
r63220
163221
163222
163223
t63224
163225
163226
163227
163228
163229
t63230
163231
163232
r63233
163234
163235
163236
163237
r63238
t63239
163240
163241
441.69

8.17 447.82
28,196.84
r7.25
150.00
1,661.43
r5.00
219.96
1,720.67

30.00 15. l9
900.00
37s.00
900.00
100.28
675.00
259.73
2,842.95
20,071.80
1,852.20
8,268.75

55.98 234.39
941.28
320.00
1,949.46
1,723.52
500.00
2,878.t3
842.33

55.75 2,008.72
r,449.87
4,228.33
2,041.36
1,848.00
5,307.4s
555.66
I ll.14

71.66 30.03
354.68
290.50
4,783.45
t,t50.77
1,200.00

90.00 750.00

57.00 240.00
8,257.51
109.50
3,241.87
13,990.98
874.75
203.70
25,014.00
r ,839.81

70.00 $ B&H PHOTO VIDEO
FEDEX

MARIANA GONZALEZ
PEN.LINK, LTD
SOUTHERN CALIFORNIA TROPTry COMPANY
AARP
ACTION AWARDS, INC.

ANDY GUMP,INC.

ATHENS

BRUBAKE& CARL

BURRO CANYON SHOOTING PARK
C&ELUMBERCOMPAI.TY

CAL FIRE
CALIFORNTA PEST MANAGEMENT, NC.

CHRISTINA MEDRANO

COLLEY FORD
CPAC,INC.

DANIELS TIRE SERVICE
DATAPROSE,INC.

DEPARTMENT OF HEALTH CARE SERVICES
EARHART PHOTOGRAPFry
ECONOLITE CONTROL PRODUCTS, INC.

EWING IRRIGATION PRODUCTS

FACTORY MOTOR PARTS

FRONTIER COMMUNICATIONS

GARCIA-RODRIGUEZ, TANIYA
GMC ELECTRICAL,INC.

GORM,INC.

GUILLERMO GARAY

HARRINGTON INDUSTRTAL PLASTICS, LLC

HI STANDARD AUTOMOTIVE, LLC

HIRSCH PIPE AND SUPPLY
HOLLIDAY ROCK CO.

IMS REFRIGERATION, INC.

INLAND VALLEY HUMANE SOCIETY

JOHNSON, DON

JONES &MAYER
KILME& KEITH L. DBA FOUR STAR II\ryESTIGATIONS, LLC
KEYSTONE I.JNIFORM DEPOT

KIMBALL-MIDWEST

KYOCERA DOCUMENT SOLUTIONS WEST

LA VERNE CAR WASH

LA VERNE POLICE DEPARTMENT

LIEBERT CASSIDY WHITMORE

LIFE-ASSIST

LINE GEAR

MAGICAL HOLIDAY DESIGNS

MARITZA TOLES
MCLAY SERVICES,INC.

MEGAN G. MARTINEZ

MICHAEL SHERIFF

MORROW MEADOWS CORP

ODP BUSINESS SOLUTIONS, LLC

OPLIGE& ROCKY

POMONA, CITY OF
PRISTINE I,]NIFORMS

REGIONAL TAP SERVICE CENTER
ROB CLARK CONSTRUCTION & DESIGN,INC.

ROYAL,JIMMY
SAFESHRED COMPAI.TY, INC.

Page2of 4
March 20, 2023 17

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOI.]NT ISSUED TO
3t2t2023
68t,928.89
1,184,12't.45
48,124.41
Total Demandr $ 1,914,180.75

SAM BROWN SHIELDS

SANDERS LOCK & KEY
SCI{WALM GENERATION, INC.

SERVPRO OF NORTH POMONA/LA VERNE

SHEREE JOHNSON

SO CAL GAS CO

SOUTH COAST AQMD
SPRAGUES',INC.

STRYKER SALES CORPORATION

T-MOBILE

THE COUNSELING TEAM INTERNATIONAL

THE DOMINGUEZ GROUP

TRILOGY MEDWASTE WEST, LLC
U.S. ARMOR CORPORATION
U.S. POSTMASTER
WAGEWORKS,INC.

WALTERS WHOLESALE ELECTRIC CO.

WILTON, KEVIN
WM CORPORATE SERVICES, INC.

ZOLL MEDICAL CORPORATION
ALL STAR FIRE EQUIPMENT, INC.

AMAZON CAPITAL SERVICES - LVPD
ARAGON, zuCHARD

GARCIA, ANGELICA

GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC.

JAYCOX CONSTRUCTION CNG
L.N. CURTIS AND SONS

LA VERNE CHAMBER OF COMMERCE

LA VERNE CONSTRUCTION

LA VERNE POWER EQUIPMENT
MC CALL'S METERS,INC.

QUALITY CODE PUBLISHING, LLC
SALT WORKS, tNC.

THREE VALLEYS MUNICIPAL WATER DISTRICT

WESTERN WATER WORKS

STRATEGIC CONTRACTING SERVICES
Total Payroll Demands
Total LA IMPACT Demands
163242
163243
163244
163245
163246
163247
163248
163249
I 63250
t632st
163252
163253
163254
163255
163256
163257
1632s8
1632s9
163260
163261
EFT
EF'T
EFT
EFT
EFT
EFT
EFI
EFI
EFT
EF'T
EFT
EFT
EFT
EFI
EFT
EFT
EFT
5,716.00
4,548.36
2,154.85
12,774.28

45.00 639.41
1,830.84
541.60
908.12
191.20
1,000.00
1,500.00
375.16
1,244.23
1,473.35
581.13
1,040.81
500.00
I,843.51
r,490.58
1,906.92
253.68
2,350.00
320.00
403.40
4,687.2t
850.00
7,9t8.32
31,000.00
3,350.00
485.09
I,135.00
705.50
5,5t4.49
315,651.65
833.70
105,323.59
Payroll and Employee Benefit Payments:
t63262
163263
163264
163265
163266
163267
163268
163269
163270
163271
t63272
163273
163274

BANKDRAFT

BANKDRAFT
1,543.69
2,953.68
12,876.16
490.00
300.00
6,427.74
159,347.51
90,059.40
1,604.08
806.40

89.55 41.70

9.00 554,448.01
1,579.76
s AFLAC

DELTA DENTAL INSURANCE COMPANY

DELTA DENTAL
EMPLOYEE FI"JND, CIry OF LA VERNE
FIDELITY INVESTMENTS #P0754
TIARTFORD, THE . PRIORITY ACCO{.INTS

MALTHNET

KAISER FOLTNDATION HEALTH PLAN

METLIFE - GROUP BENEFITS
NEWMAN, A.C.

REYES, HEATHER
T]NITED STATES TREASURY

UNITED WAY CAMPAIGN
PAYROLL 021 1212023 -02 I 25 I 2023
STATE DISBURSEMENT I.JNIT

Page 3 of 4 ends

March 20, 2023 18
CIry OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 3t2/2023
CHECK NO. AMOI-INT ISSUED TO

BANK DRAFI

BANK DRAFT

BANK DRAFI

BANKDRAFT

BANK DRAFT
EF'T
EFT
EFT
EFT
Total
Break down of standard providers and the benefits they provide Provider

STATE OF CALIFORNIA

STATE OF CALIFORNIA
EMPOWER TRUST COMPAI.TY, LLC.4OIA
EMPOWER TRUST COMPAI.TY, LLC-457

EMPOWER TRUST COMPANY, LLC-ROTH

UNITED STATES TREASURY

CHARLES SCHWAB BANK

LA VERNE FIRE ASSOCIATION

LA VERNE POLICE OFFICERS ASSOCIATION

WAGEWORKS -ADMIN FEE
Benefits Description
36,849.14
159,123.92
6,699.18
25,469.s9
5,484.14
109,776.31
2,877.41
2,887.00
2,274.08
I10.00
$ I,184,127.45
A.C. Newman Co.

Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasury
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Veme
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
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LA IMPACT Law Enforcement Task Force Demands
163174
163175
163176

MULTIPLE
Total
6,048.17
527.24
r,099.00
$ 40,450.00

BANK OF AMERICA

CBE LOS ANCELES

CHARTER COMMUNICATIONS

LAI ENFORCEMENT OPERATIONS
s 48,124.41
LA IMPACT demands are paid from federal asset forfeiture dollars allocated to LA IMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LA IMPACT activities.

Page4of 4
March 20, 2023 19

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS
3/912023
DEMANDS PRESENTED [{AVE BEEN APPROVED CONSISTENT WITH THE CITY'S PL'RCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY T}IE FINANCE

DIRECTOR FOR ACCURACY AND PROPER APPROVAL,

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

AMOUNT ISSUEDTO DESCRIPTION
L
2 3.

4. 5.

6. 7.

8. 9.

10. 498,137 .44
43,503.20
43,316.7 5
20,903.84
16,884.04
13,989.30
I 2,568.50
I 1,420.00
t0,3s9 94
9,6t7 64
I 08,079.81

WASTE MANAGEMENT
PEN.LINK, LTD

MERIDIAN RAPID DEFENSE GROUP LLC

SO CAL GAS

FC SAFETY

INTER-CON SECURITY SYSTEMS, INC,

CJPIA EXCESS POOL

LA VERNE CHAMBER OF COMMERCE

ATHENS SERVICES
I{ERITAGE DESIGN BUILD & CONSULTING
OT}IER DEMANDS
AUGUST & SEPTEMBER 2022 SERVICES
LA CLEAR SOFTWARE LICENSING. MARCH 2023 . FEBRUARY 2024 BARR1ER KITS/INSTALLATION/TRAINING
FEBRUARY 2023 SERVICES
(I4) AED'S/CASES
PARKING ENFORCEMENT . FEBRUARY 2023
CLAIMS - MARCH 2023
CITY CONTRACT DI.IESA{EMBERSHIPEUSINESS CONECT
SWEEPING SERVICES - FEBRUARY 2023

VETERAN'S HALL REPAJRS DUE TO WATER DAMAGE
$ 788,780.46
DEMANDS OF $75,807,00 WERE PAID ON BE}IALF OF LA IMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS IN

CHRISTY LOPEZ, MPA

FINANCE DIRECTOR
WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS Page I of4
March 20, 2023 20

CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHItsIT A 3t912023
CHECKNO AMOT]NT ISSUED TO
16327s $
163276
163277
163278
t632',19
I 63280
I 6328 I
163282
163283
163284
163285
t63286
163287
I 63288
163289
163290
163291
163292
163293
163294
163295
163296
163297
163298
163299
I 63300
1 6330 l
r63302
I 63303
163304
1 63305
1 63306
163307
r 63308
1 63309
163310
16331 I
163312
163313
t63314
163315
1633 I 6
163317
163318
163319
163320
16332t
163322
163323
163324
163325
163326
t63327
I 63328
163329
I 63330
1 6333 I
163332
163333
I 63334
2,594.36
400.00
450.00
242.55
r 0,359.94
2,069.60
1,656.00

50.00 900.00
308.70

91.7 5

99.01 380.46
170.00
211.92
2,304.00

84.36 220,00
252.00
I 15.04

56.36 197.44
16,884.04
108.96

20.85 232.77
154.60
55t.24
203.07

24.34 I I 1.40
1,601 .75

49.50 1,275.00
3,064.4s
127.91
1,603.97
l,l 15.73
1,590.67
124.64
1,230.84

19.02 r,656.00
4,640.00

56.49 146.66
144.09

20.00 2,s30.25
I 14.00
I ,014.82

68.34 509.50
43,316.75
2,069.60

36.00 54.00

99.00 83.00
342.00

ADRAZEN NETWORKS LLC

AJ'S ENTERTAINMENT

AMERICAN TANK TESTING
ASSETWORKS USA,INC.

ATHENS SERVICES

BAUTISTA, STEPHEN

BENTZ, MICHAEL

BERNADETTE BRENNECKE

BEST DRILLING AND PUMP INC
BON APPETIT AT LINIV. OF LA VERNE

BURTON'S FIRE,INC
C & E LUMBERCOMPAI.TY

CTIARTER COMMUNICATIONS

STEVE CIIANUCEY

COLLEY FORD

THE COLORFUL SONGS OF BROADWAY

VIGGERS, DEBBIE

DENNIS GRUBB & ASSOCIATES

DESCANSO GARDENS

EVERSOFT
EWING IRzuGATION PRODUCTS

FACTORY MOTOR PARTS

FC SAFETY

FIGUEROA, STEVE

FIREMANS GRAPHICS

FLUID TECH

FOOTHILL BUILDING MATENALS

FOOTHILL COMMIINICATIONS, INC

FORD OF UPLAND,INC,

ERIN FOWLER
FRONTIER CALIFORNIA INC.

FRONTIER COMMUNICATIONS

GELLER, ALLISON
GLENNA OLIVER 91lWP

HARRINGTON INDUSTRIAL PLASTICS, LLC

HI STANDARD AUTOMOTIVE, LLC

HIRSCH PIPE AND SUPPLY
HOLIDAYGOO INC.

HOLLIDAY ROCK CO.

HI.INTINGTON IIARDWARE CO.

RADFORD INGELS
INMARK

JACQUES, MICHAEL

JARAUTOMATION

KME FIRE APPARATUS

KYOCERA DOCUMENT SOLUTIONS WEST

LA VERNE PETTY CASH
LEE & STIRES,INC.

LIFE-ASSIST

LORELLE MICHELL

MALLORY FIRE

MC KINDLEY, ANDREW
MCLAY SERVICES,INC.

MERIDIAN RAPID DEFENSE GROUP LLC

NOBBS, CONNOR
PORAC

PORAC LDF
RADC

RAI PRADIT

RICHARD DUKOWSKY
Page2of 4
March 20, 2023 21

CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 3t9t2023
CHECK NO. AMOUNT ISSUED TO
788,'180.46
Total Demandr $ 864,587.46

RUSH TRUCK CENTER

CONNECTA SATELLITE SOLUTIONS LLC
THE SHERWIN.WILLIAMS CO.

SIERRA PACIFIC ELEC. CONTRACTING

SILVA, JULLIAN
SMART & FINAL IzuS CO.

T-MOBILE

TOWNSEND PUBLIC AFFAIRS, INC

UCLA CENTER FOR PREHOSPITAL CARE
UFCW
TINITED S1TE SERVICES OF CA INC

VERIZON WIRELESS

VILLASENO& KENNY
WALTERS WHOLESALE ELECTRIC CO.

YWCA SAN GABRIEL VALLEY
CDW GOVERNMENT,INC.

CDW GOVERNMENT,INC.

CH,ARTER COMMLTNICATION S

PEN-LINK, LTD

TECHNOLOGY MANAGEMENT CONCEPTS

TOWERSTREAM CORPORATION

VERZON WIRELESS
CINTAS

SO CAL GAS
CINTAS
AM.TEC TOTAL SECURITY INC,

AMAZON CAPITAL SVCS
BRENNTAG PACIFIC,INC.

CALIBER COMMEzuCAL POOL SERVICES

CJPIA EXCESS POOL

COLLEGIATE PRESS

ANTHONY GIRON

GRAINGER

HACH COMPANY

HERITAGE DESIGN BUILD & CONSULTING
HI-WAY SAFETY INC.

INTELESYSONE, INC,
INTER-CON SECUzury SYSTEMS, INC.

L. N. CURTIS AND SONS

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

POMONA TRUCK & AUTO SUPPLY

ROGERS, ANDERSON, MALODY & SCOTT

SKYLINE SAFETY AND SUPPLY

SOUTH COAST EMERGENCY VEHICLE SVCS

TERRY'S TESTING

WASTE MANAGEMENT
75,807.00 Total LA IMPACT Demands
r 63335
163336
163337
163338
163339
l 63340
163341
t63342
163343
163344
163345
t63346
163347
163348
163349
l 63350
I 6335 1
163352
I 63353
t63354
l 63355
I 63356
2303112
2302t12
2302113
EFT
EFT
EFT
EFT
EF'I
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFI
EFT
EFT
EFT
EFT
EFT
EFT
1,724.73
123.17
376.08
2,421.50
r08.96
179.80
1 97.1 0
5,000.00
4,000.00
250.00

46.'72
3,023.98
2,069.60
733.44
844.3s

89.73 465.76
3,121.32
43,503.20
562.50
699.00
1,429.92
r ,881 .07
20,903.84
2,296.43
2t1.65

42.53 9,009.39
1,750.00
12,568.50
418.95
6',72.00

65.61 1,s90.06
9,61't.64
2,592.60
r 69.00
13,989.30
5,204.08
I1,420,00
l7.63
171.99
7,686.00
I,804.60
3,410.55
l,970.00
498,137.44
LA IMPACT Law Enforcement Task Force Demands
163357
163366

MULTIPLE

27.00 280.00
$ 75,500.00

CBE LOS ANGELES

TRANSTNION RISK & ALTERNATIVE DATA

LAI ENFORCEMENT OPERATIONS

Page 3 of 4 ends

March 20, 2023 22

CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 3t9t2023
CHECKNO. AMOUNT ISSUED TO
Total $ 75,807.00
LA IMpACT demands are paid from federal asset forfeiture dollars allocated to LA IMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LA IMPACT activities.

Page 4 of 4 ends

March 20, 2023 23
City of La Verne, City Council
Agenda Report
DATE: March 20, 2023
TO: Honorable Mayor and City Council
FROM: Eric Scherer, AICP, Community Development Director SUBJECT: STREET CLOSURES FOR THE 2023-2025 LA VERNE COOL CRUISE

AND CRUISIN LA VERNE HOLIDAY CAR SHOWS

SUMMARY
The City Council approved a three-year agreement with Flying Deuces, the event organizer, for the La Verne Cool Cruise and Cruisin La Verne Holiday car shows in August 2022. In advance of the April 8, 2023 Cool Cruise car show, staff is recommending that the City Council approve street closures for the remainder of the car show events under the agreement and appropriate the necessary funds to cover the costs associated with having the April 8th Cool Cruise event. Future events will be budgeted separately as part of the annual budget process.

RECOMMENDATION
It is recommended that the City Council:

2. Appropriate $8,500 from the General Fund to the Fiscal Year 2022-23 Budget to cover the costs associated with having the April 8, 2023 event; and,

3. Approve the waiver of administrative review fees for the La Verne Cool Cruise and Cruisin La Verne car shows.

DISCUSSION
The approved Exclusive Franchise Agreement from 2022-2025, which expires on April 21, 2025, with Flying Deuces and the City for the promotion of the La Verne Cool Cruise and Cruisin La Verne Holiday car shows requires Flying Deuces receive approval of a street closure prior to each event. The City, in collaboration with RKA Consultant Group, have created a traffic control plan which is to be utilized for all future car show events. As these events utilize the same traffic control plan with the same closures, staff is proposing that all of the remaining events as outlined in the agreement be approved at this time.

Any significant modifications to the event would be brought back to the City Council for review.

March 20, 2023 24
For each event, Flying Deuces, the event organizer, will close Third Street from B to E Street and D Street from Second Street to Bonita Avenue. The street closure will be between the hours of 5:00 a.m. and 6:00 p.m. the day of the event. There are expected to be at least 300 cars for the Cruisin La Verne Holiday car shows and at least 600-800 cars for the La Verne Cool Cruise car shows parked on the closed sections of the streets, and potentially in various University of La Verne parking lots subject to negotiations between the organizer and the University. Each event will occur chronologically on approximately the following dates:

1. Cruisin La Verne Holiday Car Show, November 19, 2022 (Occurred)

2. La Verne Cool Cruise Car Show, April 08, 2023

3. Cruisin La Verne Holiday Car Show, November 18, 2023

4. La Verne Cool Cruise Car Show, March 30, 2024

5. Cruisin La Verne Holiday Car Show, November, 23, 2024

6. La Verne Cool Cruise Car Show, April 19, 2025
Should these dates drastically change for some unforeseen circumstance, this matter will be brought back to the City Council for review. It is also important to note that after the March 30, 2024, show either party may terminate the agreement without penalty.

FISCAL ANALYSIS
The Exclusive Franchise Agreement states that all administrative fees will be waived for the event and that the City pay a fee of $2,000 for the services of the promoter for the event. The $2,000 payment is funded by the Old Town La Verne Business Improvement District and is included in the Fiscal Year 2022-23 Budget. However, the City incurs direct costs for each of these events with overtime costs from the Police, Fire, and Public Works departments as shared with the City Council when the agreement was approved in August 2022. For the April 8, 2023 Cool Cruise event, an appropriation of $8,500 is needed to cover the overtime cost for the event. The breakdown of the costs are as follows:

Police Four (4) Officers (overtime) $5,600
Public Works Street Division Staff (overtime) $2,250
Fire Two (2) A.O.s (overtime) $400
Fire Marshal Inspection $250
Total: $8,500
Staff will be specifically budgeting for these events going forward as part of the annual budget process.

ENVIRONMENTAL ANALYSIS
Not Applicable.

March 20, 2023 25

LEGAL REVIEW
Not Applicable.

ATTACHMENTS
A. Exclusive Franchise Agreement 2022-2025
B. Traffic Control Plan
Report Prepared By: Gabriel Rivera
March 20, 2023 26
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March 20, 2023 27
oration © 2022 Maxar ©CNES (2022)
oration © 2022 Maxar ©CNES (2022) Distribution Airbus DS March 20, 2023
28 EXCLUSIVE FRANCHISE AGREEMENT
This EXCLUSIVE FRANCHISE AGREEMENT (" Agreement") for the promotion and operation of car shows is made and entered effective the 1st day
of August, 2022 ("Effective Date"), by and between CITY OF LA VERNE, a municipal corporation (" CITY") and FLYING DEUCES, a sole proprietorship PROMOTER").

RECITALS
A. CITY desires to obtain professional promoter and management services for the CRUISIN LA VERNE car show, to be held on the Saturday prior to Thanksgiving, for a three ( 3) year period, beginning November 19, 2022 in the City of La Verne, to ensure a safe, intergenerational, family-oriented car show.

B. CITY desires to obtain professional promotor and management services for the LA VERNE COOL CRUISE car show, to be held on the Saturday preceding Easter, for a three ( 3) year period, beginning April 8, 2023 in the City of La Verne, to ensure a safe, intergenerational, family-oriented car show.

C. PROMOTER has proposed to provide such services for the CITY in accordance with the terms set forth in this Agreement.

D. CITY desires to contract with PROMOTER for car show promotion and management services and PROMOTER desires to provide such services to CITY.

E. PROMOTER has demonstrated competence and professional qualifications necessary for the satisfactory performance of the services designated herein by virtue of his experience and expertise.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE WITHIN EACH
SECTION AS FOLLOWS:

1. GRANT OF EXCLUSIVE FRANCHISE
A. CITY hereby grants to PROMOTER, and PROMOTER hereby
accepts, on the terms and conditions set forth herein, the exclusive right to produce a car show by the name of " Cruisin La Verne" for CITY in the City of La Verne, California on the Saturday prior to Thanksgiving, November 19, 2022, and two ( 2) additional years on the approximate same days in 2023 and 2024.
1 ( Page
March 20, 2023 29
B. CITY hereby grants to PROMOTER, and PROMOTER hereby
accepts, on the terms and conditions set forth herein, the exclusive right to produce a car show by the name of "La Verne Cool Cruise" for CITY in the City of La Verne, California on the Saturday preceding Easter beginning April 8, 2023, and for two ( 2) additional years on the approximate same day of 2024 and 2025.

C. PROMOTER agrees not to promote other car shows utilizing the name "Cruisin La Verne," "La Verne Cool Cruise" or variation thereof.

D. CITY hereby grants to PROMOTER, the non- exclusive right to use public rights-of-way within the City of La Verne, said areas to be specifically set forth in the City permits for the event. In connection with PROMOTER'S use of the exclusive Franchise granted above, PROMOTER' S right to block streets or otherwise interfere with pedestrian and vehicle traffic will be limited to the rights granted by the CITY in the permits required by Section 2.

2. EVENT GOALS
A. CITY has accepted a list of goals from the Old Town La Verne Business Improvement District Board (BID) as guiding principles for this event and are herein incorporated by reference in this Agreement as follows:

Date of Cool Cruise event shall be the Saturday preceding Easter ("Easter Saturday").
ii. Goal of approximately 300 classic vehicles for the CRUISIN LA VERNE car show.
iii. Goal of approximately 600 to 800 classic vehicles for the LA VERNE COOL CRUISE car show.
iv. Family-oriented event.
v. Event must provide liability insurance that includes indemnification of City of La Verne and Old Town La Verne Business Improvement District/merchants.
vi. Advance publicity needs; visible promotion 60 days prior to event ( e. g. posters, mailings, flyers, and press releases) are required. Prior City ( Community Development Director) and appointed BID member review and approval required. City 2IPage
March 20, 2023 30
shall also review proposed sponsors prior to being added to promotional material.
vii. Provide a demonstrated and effective plan to involve and invite more local car clubs.
viii. Event should promote Old Town La Verne and its merchants. ix. Community focus is just as important as the cars.
x. Event must identify and support one local charity ( greater La Verne community preferred), for which the event provides a pre-defined amount of support, and promote this in
promotional materials. PROMOTER, CITY, and BID shall
agree to the charity.
xi. Event must provide for safe, organized street closure and traffic control (to be approved by City); both setup and tear down; a defined schedule for both setup and tear down in a timely manner so as to not impact the local businesses. xii. Organization and a well- coordinated plan is needed for all aspects of the event. Pre- event meeting with City Staff/BID are required at least 45 days and 10 days prior to the event dates.

Organizer shall be accessible by mobile phone and email up to, and including, the days of the events.
xiii. Event staff should be easily identifiable on day of event ( e. g. uniform color/design shirts or jackets).
xiv. Ability to accommodate local merchants into the event, allowing exterior presence where feasible.
xv. Accommodation of youth activities and performances into the event is encouraged.
xvi. Promoter is encouraged to obtain sponsors for event. Except for potential Old Town merchant contribution, event must otherwise be self-sustaining; no other City or merchant subsidy.
xvii. Raffles, " 50/ 50' s," and the like are expressly prohibited, except for bona fide ( 501c3), designated charitable organization.

Event may provide entry prizes to participant entrants. 3IPage
March 20, 2023 31
xviii. Promoter to provide music for event; preferably a " classic rock" style band or DJ with approval by CITY at least 30 days prior to the event.
xix. There shall be no outside food vendors as part of the events.

However, food vendors selling items not provided by Old Town businesses may be approved on a case- by- case basis.

3. SERVICES PROVIDED BY PROMOTER
A. PROMOTER shall promote and operate a car show on the streets of the CITY on the Saturday prior to Thanksgiving for the CRUISIN LA VERNE car show on November 19, 2022, and for two ( 2) successive years thereafter. The precise location, hours, and other details of the car show operation shall be set forth in a Special Event Permit issued by CITY. Hours of car show shall be approximately 6: 00 a. m. to 6: 00 p. m., except that variance may be considered by CITY, so long as it' s consistent with noise limitations set by the Municipal Code. Setup of car show, including parking of cars, shall not begin prior to 5: 00 a. m. on day of event.

B. PROMOTER shall promote and operate a car show on the street of the City on the Saturday preceding Easter, referred to as the LA VERNE COOL CRUISE car show beginning April 8, 2023 and for two successive years thereafter. The precise location, hours, and other details of the car show operation shall be set forth in a Special Event Permit issued by the CITY. Hours of the car show shall be approximately 6: 00 a. m. to 6: 00 p. m., except that variance may be considered by CITY, so long as it' s consistent with noise limitations set by the Municipal Code. Setup of car show, including parking of cars, shall not begin prior to 5: 00 a. m. on day of event.

C. PROMOTER shall apply for a Special Event Permit and street closure permit for the car show as soon as possible following execution of the Agreement, but not later than 45 days prior to event date.

PROMOTER shall provide all information deemed necessary by CITY for consideration of permit, including but not limited to food service, restrooms, entertainment ( both live and prerecorded), general layout, list of all vendors ( 14 days prior to event), specifics of proposed street closure, and provisions for cleanup and refuse disposal. Vendors shall not be in conflict with existing Old Town businesses to the satisfaction of the CITY.

D. PROMOTER shall obtain, and submit to CITY (45 days prior to event), individual liability insurance certificates and required endorsements for Wage
March 20, 2023 32
car show event, all food vendors, amusement rides and/ or devices, animal exhibits or rides, and any other use determined to be nonstandard by CITY. Insurance certificates and required endorsements shall name CITY, BID, and PROMOTER as insureds and provide a minimum $ 1, 000, 000- liability policy per occurrence.

E. PROMOTER may, but is not required to, provide food service. In the event food service is provided, however, PROMOTER shall be required to provide evidence of compliance with required health permit(s) not less than ten ( 10) days prior to event. Any food vendor proposed shall be reviewed and approved by CITY so as not to conflict with similar businesses in Old Town.

F. PROMOTER shall be responsible to ensure that any necessary permits and franchises required by law from other agencies (e. g.

Health Department, Agriculture Dept, etc) are obtained by vendor(s) or PROMOTER prior to event, with no obligation or cost to CITY.

G. PROMOTER shall, following CITY' s approval of the submitted plan, provide and set up with PROMOTER' S personnel, all traffic control, booths, equipment, etc. so event will begin on time and disassemble all booths and equipment immediately after the event so normal traffic is restored as soon as reasonably possible.

H. PROMOTER shall maintain clean and safe conditions, and an attractive appearance, of all aspects of the event.

I. PROMOTER shall comply with all City ordinances and directives, as specified in approved Special Event Permit.

J. PROMOTER shall provide all necessary toilets, wash stations, and disposal services.

K. PROMOTER shall be responsible for parking vehicles at the street closures to prohibit vehicles from driving into the event area consistent with the Traffic Control Plan and to the satisfaction of the CITY.

L. PROMOTER shall provide all necessary electrical service for the CRUISIN LA VERNE and LA VERNE COOL CRUISE car shows,
except for incidental power that can be accessed from existing outlets at Third and D Streets and Transportation Park. Any requirement for additional power, including use of generators, shall be at sole expense and responsibility of PROMOTER.
5 Page
March 20, 2023 33
M. PROMOTER shall allow businesses in BID to be vendors, without charging a fee, for participation in the car show provided that:
1) The business has an actual business ( brick and mortar) in the BID and the products or services provided by the business at the car show are the same products or services customarily sold or provided at the business premises;
2) Each such business complies with all rules, governmental regulations that apply to all other vendors including, but not limited to, providing insurance, obtaining all City and County Health Department permits, and complying with any Americans with Disabilities Act requirements that may apply to the business.

N. PROMOTER shall conduct the event in full compliance with the Americans with Disabilities Act.

O. PROMOTER shall submit a security plan for the approval of the Chief of Police. The Chief of Police shall have the authority to require revisions to the approved security plan as necessitated by experience in conducting the event.

P. PROMOTER shall submit all marketing and participant registration materials to CITY ( Community Development Director) for approval prior to use or distribution.

Q. PROMOTER shall determine the fees to be charged to participants and vendors participating in either car show, at PROMOTERS' discretion, except that businesses within Old Town La Verne Business District shall not be charged a fee for participation.

R. PROMOTER shall attend a pre-event meeting with the CITY to discuss logistics, event details, security plan, traffic control, marketing efforts, fire prevention, setup and tear down details, etc.

S. Within 45 days after completion of the event, PROMOTER shall attend an post-event meeting with CITY staff to discuss the event and issues that need to be addressed for the next upcoming event. PROMOTER to also provide a written report in a memorandum format to CITY and BID, detailing number of participants, a summary of the events and a fiscal summary.

Wage
March 20, 2023 34

4. SERVICES PROVIDED BY CITY
A. CITY shall provide access to non- confidential, non- privileged plans, maps, and records necessary for completion of
PROMOTER' S services.

B. CITY shall be responsible for creating and approving a Traffic Control Plan prior to the first event under this agreement. Any modification to a subsequent event's layout shall require modifications to the Traffic Control Plan prior to the event. If the modifications are requested by the PROMOTER, they shall be responsible for the associated costs. If the modifications are due to the CITY, the CITY shall be responsible for the associated costs.

C. CITY shall assist PROMOTER in publicizing the car show through mailings generated by CITY' S various guides, electronic media, video media, mailings and publications, provided there is no increase in costs to CITY from inclusion of PROMOTER'S advertisements and promotional materials in such.

D. CITY shall provide personnel and services as necessary for normal and routine public safety services, including routine police, fire, and paramedic services.

E. CITY shall waive any and all costs to PROMOTER for issuance of Special Event Permit, Street Closure Permit, Public Works Permit, Use of Type III barricades, Business License, and other administrative review necessary for the management,
promotions, and operations of either car show.

F. CITY shall provide all necessary trash containers, trash clean up, and refuse disposal services.

G. CITY shall waive any and all costs to PROMOTER for all routine and incidental costs associated with and public safety personnel as required to provide and perform services as described within this Agreement, except that CITY reserves the right to require payment by PROMOTER for costs incurred by CITY that are unusual and/ or in excess of its normal operations and standing personnel costs.
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March 20, 2023 35
H. CITY shall reserve the authority to require changes to event specifics, date, time, and other aspects as it deems fit to protect the health, safety, and welfare of the community and general public.

I. CITY shall provide all equipment and services necessary for the closure of public streets, including, but not limited to set up and tear down of street barricades for street closure and reopening.

This does not include the placement of vehicles at the entry points as required by the Traffic Control Plan, which is the responsibility of the PROMOTER as listed above.

J. CITY shall provide assistance in filing and approval of City required permits.

5. INSURANCE AND INDEMNITY
A. Workers' Compensation Insurance. PROMOTER shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance and Employers' Liability Insurance with a minimum limit of $ 1, 000, 000. 00, in accordance with the provisions and requirements of the Labor Code of the State of California.

B. Liability and Vehicle Insurance. PROMOTER shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive Commercial General Liability ( occurrence) policy ( form CG 0001) and a Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including Code I ( any auto) and endorsement CA 0025, with minimum limits of $ 1, 000,000. 00 aggregate and $ 1, 000, 000. 00 per occurrence, per year. Said insurance shall protect PROMOTER and the CITY from any claims for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations related to this Agreement or either car show. The following provisions shall be made a part of all insurance policies required by this section:

1. Additional Insured: " The City of La Verne and its elected or appointed officials, employees, agents, volunteers and officers, including but not limited to officers of the Old Town La Verne Business Improvement District Advisory Board, are hereby added as additional insureds."

2. Primary Coverage: " This policy shall be considered primary insurance as respects any other valid and collectible insurance or self-insurance the City of La Verne may possess including any self-insured retention, 8IPage
March 20, 2023 36
and any other insurance or the City of La Verne may possess shall be considered excess insurance and shall not contribute with it."

3. Effective as Separate Policy: " This policy shall act for each insured as though a separate policy had been written for each except that the limit of liability of the insuring company will not be increased by this provision."

4. Notice of Cancellation: " Thirty days' prior to written notice by certified mail, return receipt requested, shall be given to the City of La Verne in the event of suspension, cancellation, reduction in coverage or in limits or non- renewal of this policy for whatever reason."

5. Waiver of Subrogation: The policies shall also be amended, as necessary, to waive all rights of subrogation against the City of La Verne and its elected or appointed officials, employees, or agents including but not limited to officers of the DBID Advisory Board.

C. Qualified Insurance. The insurance required by this Agreement shall be with insurers which are Best A:VII rated, or better. CITY shall be included as an additional insured on each of the policies and policy endorsements.

D. Evidence of Insurance Coverage; Insurance Policies. Copies of policies and endorsements that implement the required coverage shall be provided to CITY and maintained current throughout the term of this Agreement. CITY shall have the right of inspection of all insurance policies required by this Agreement.

PROMOTERS shall notify CITY before destroying Contractor's copies of such policies, regardless of whether such destruction occurs during or after the term of this Agreement.

E. Self-Insurance. To the extent permitted by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California.

F. Indemnity by PROMOTER. PROMOTER will indemnify, defend, and hold harmless CITY against and in respect of, any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages and recoveries, including interest, penalties, and attorney fees, that CITY shall incur or suffer that arise out of, result from, or are related to any breach of, or any failure by PROMOTER to perform, any of its representations, warranties, covenants, or promises contained in this Agreement, or in any schedule, certificate, document, exhibit, or instrument furnished to CITY, or otherwise to be furnished by PROMOTER under this Agreement.
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March 20, 2023 37
G. Indemnity by CITY. CITY will indemnify, defend, and hold harmless PROMOTER against and in respect of, any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages and recoveries, including interest, penalties, and attorney fees, that PROMOTER shall incur or suffer that arise out of, result from, or are related to any breach of, or any failure by CITY to perform, any of its representations, warranties, covenants, or promises contained in this Agreement, or in any schedule, certificate, document, exhibit, or instrument furnished to PROMOTER, or otherwise to be furnished by CITY under this Agreement.

6. Term and Termination.

6. 1 Term. The term of this Agreement shall commence on the Effective Date and terminate on April 21, 2025. The indemnity provisions of this Agreement shall continue in full force and effect after the termination date.

6. 2 Termination. This Agreement may be terminated by either party following a material breach by the other which remains uncured thirty (30) days after written notice of intent to terminate has been given, specifying the breach in reasonable detail.

6. 3 Termination by CITY or PROMOTER. Within sixty ( 60) days after the LA VERNE COOL CRUISE event held on March 31 2024, CITY or CONTRACTOR shall have the right to terminate this Agreement by giving thirty 30) days written notice to the other party.

7. REPRESENTATIONS AND WARRANTIES OF PROMOTER

7. 1 No Litigation. PROMOTER shall represent and warrant that there is no action, suit or other proceeding as of the Effective Date, at law or in equity, before or by any court or governmental authority, pending or, to PROMOTER'S best knowledge, threatened against PROMOTER which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect PROMOTER' S ability to fulfill its obligations under this Agreement.

7. 2 Information Supplied by PROMOTER. PROMOTER represents and warrants that all information supplied by PROMOTER in all submittals made in connection with the negotiation and award of this Agreement is correct and complete in all material respects.

8. COMPENSATION
For services provided by PROMOTER in accordance with this Agreement, CITY shall pay the amount of $ 2, 000 to PROMOTER not later than 30 days prior to 10IPage
March 20, 2023 38
each event. The total amount paid in this manner shall not exceed $ 4, 000 during each fiscal year. Any additional funds paid to PROMOTER by the BID shall be credited as payment by CITY and credit as payment per the above terms of compensation. The cost of providing any services or materials by CITY or BID not otherwise specified in this agreement shall be deducted from the compensation due PROMOTER.

9. INDEPENDENT CONTRACTOR STATUS
PROMOTER is and at all times shall remain an independent contractor, and not the employee of the CITY. PROMOTER may perform services for other cities, persons or entities as PROMOTER determines in his sole discretion.

10. GENERAL PROVISIONS

10. 1 Compliance with Law. Notwithstanding anything in this Agreement to the contrary, PROMOTER shall at all times comply with all applicable laws and regulations now in force and as they may be enacted, issued or amended during the term of this Agreement. PROMOTER shall specifically comply with all laws relating to raffles, lotteries, prize drawings, etc. Specifically, no " 50/ 50" type raffles are permitted.

10. 2 Assignment. PROMOTER shall not assign or subcontract all or any substantial part of this Agreement without the advance written consent of CITY.

The CITY specifically identifies Craig Hoelzel as key personnel assigned to this Agreement. In the event that Craig Hoelzel is no longer personally managing the event on behalf of PROMOTER, CITY may terminate this Agreement.

10. 3 Waiver. The waiver by either party of any breach of any provisions of this Agreement shall not be deemed to be a waiver of any breach of any other provision nor of any subsequent breach. The acceptance by either party of any money or other performance shall not be deemed to be a waiver of any preexisting, concurrent or subsequent breach of this Agreement.

10. 4 Notice of Litigation. Each party shall deliver prompt written notice to the other of any claim, action, or legal proceeding that concerns or relates to the either car show or the ability of either party to perform this Agreement.

10. 5 Entire Agreement. This document contains the entire Agreement between the parties with respect to the matters covered herein. The parties represent and warrant that there have been no prior or contemporaneous agreements, arrangements, statements, promises, inducements, conditions, warranties, representations, covenants or understandings between the parties pertaining the subject matter of this Agreement, written or oral, expressed or implied, which have not been incorporated herein.
11IPage
March 20, 2023 39

10. 6 No Third Party Beneficiary. Nothing in this Agreement is intended to confer on any person other than the parties hereto any rights or remedies.

10. 7 Severability. If any provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or enforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein.

10. 8 Interpretation, Captions, Headings. This Agreement shall be interpreted and construed reasonably, and neither for nor against either party, regardless of the degree to which either party participated in its drafting. The captions and headings herein are for convenience of reference only and are not part of this Agreement but may be used in interpreting this Agreement.

10. 9 Amendment. This Agreement may not be modified or amended in any respect except by a written amendment signed by authorized representatives of both parties.

10. 10 Attorney' s Fees. If any legal action, or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney' s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

10. 12 Arbitration. Any claim or controversy arising out of or relating to this Agreement or to the breach of this Agreement shall be resolved exclusively by arbitration in accordance with the rules of the American Arbitration Association, using any competent arbitrator selected under those rules, and judgment on the award granted by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be in Los Angeles County, California, or any other place mutually agreed upon by the parties.

10. 13 Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing, and shall be deemed to have been duly given on the date of service, if served personally to the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by 1st- class mail, or certified, postage prepaid, and properly addressed to the parties at the addresses set forth below ( or as modified by a subsequent notice).
12 I Page
March 20, 2023 40

11. FEE WAIVER
The fee waiver shall apply only to services and various permits required and provided by CITY to PROVIDER for either car show event. These services and various permits include, but are not limited to, Special Event Permit, Public Works Permit, Business License, traffic inspections and staff time to review each car show event.

CITY OF LA VERNE
Date: 2-
FLYING
Box
Brea,
307
Russi,
CA
DEUCES
92822
City Manager
C. Date1— ?
1 " L"Z
Cs22—
Craig Hoelzel, - ROM. :'
13IPage
March 20, 2023 41
City of La Verne, City Council
Agenda Report
DATE: March 20, 2023
TO: Honorable Mayor and City Council
FROM: Yvonne Duran, Community Services Manager
SUBJECT: Lowell Brandt Park Playground

SUMMARY
The playground replacement at Lowell Brandt Park was originally approved as part of the Capital Improvement Program for fiscal year 2019-2020 using Park Development Funds.

This playground no longer meets safety standards and needs to be removed immediately and replaced, and an additional appropriation from the Capital Improvement Fund Reserve of $171,700 is requested.

RECOMMENDATION
It is recommended that the City Council:

1. Award a contract to Miracle Recreation Equipment Co. in an amount of $246,700 for the removal, site preparation, and installation of playground equipment at Lowell Brandt Park; and,

2. Appropriate $171,700 from the Capital Improvement Fund Reserve.

DISCUSSION
The playground equipment currently installed at Lowell Brandt Park is no longer compliant with playground safety regulations. Since the equipment was discontinued almost 25 years ago, parts are no longer available to make any upgrades and/or repairs. Due to unsafe conditions including broken slides, wall barriers that are too short, and inadequate safety surfacing, the playground is closed to the public and needs to be removed and replaced.

Staff has worked with Miracle Recreation Equipment Co. to design a unique and exciting play structure that meets current safety and ADA standards (Attachment). The structure is geared towards ages 5-12 and is equipped with accessible bridges and activities. To provide access, this structure will be surrounded by a rubberized pour-in-place surfacing rather than engineered wood chips.

The City of La Verne is a member of SourceWell, a cooperative purchasing public agency created by the State of Minnesota to conduct competitive bidding of products for government entities at no cost. Membership entitles the City to access competitively bid national contracts which leverage national volume pricing to provide members with a streamlined contracting process. SourceWell has an existing contract with Miracle Recreation Equipment Co. playgrounds and equipment products. The pricing included in the contract is based upon the SourceWell contract equipment pricing. Utilizing the SourceWell contract enables the City to save off the list price for the equipment and March 20, 2023 42
delivery as well as reduce administrative costs by not having to conduct our own bid process.

Section F.1 of the City’s purchasing policy allows for contracts and purchases through government cooperative contracts such as SourceWell and is supported under California Public Contract Code Section 10298.

Staff anticipates completion of the playground by the end of January 2024 as the equipment is expected to take 8 months to arrive and the installation of the equipment and base materials is expected to take another six weeks. Following the award of the contract, Miracle Recreation Equipment Co. will order the requested equipment.

FISCAL ANALYSIS
The funding for the Lowell Brandt Playground Equipment Project is currently $75,000 and is funded through Park Development Funds. An additional appropriation is requested from the CIP Reserve Fund of $171,700 to cover the project as the original construction estimate is from 2014. The CIP Reserve Fund was established by City Council in the event of emergencies and available funding is identified in this fund. The entire project is estimated to cost $246,7000.

LEGAL REVIEW
The report was reviewed and approved by the City Attorney.

ATTACHMENTS
Lowell Brandt Playground Proposal
Coordinated With:

Christy Lopez, Finance Director
Kim Hall Barlow, City Attorney
March 20, 2023 43
City of La Verne -
Lowell Brandt Park -
MREC Playground
with Integrated Shade
March 20, 2023 44
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 3765
Estimate Date Mar 9, 2023
Expiration Date Apr 8, 2023
Customer City of La Verne
Name Yvonne Duran
Phone 909 596-8700
Email [email protected]
Sales Rep Rob Fryhoff
Email [email protected]
Payment Terms Net 30
Project Name
City of La Verne - Lowell Brandt Park - MREC Playground with Integrated Shade Item Description Quantity Total
MREC 5-12 MREC 5-12
Custom 5-12 Year Old Playground from
Miracle recreation Equipment Company.

Per Attached Drawing Number
R0036_44994574869
1 $48,645.84
MREC Freestanding
Freestanding Miracle Products including:
(1) MM Dynamics Lab
(1) Mini City Truck
(1) Mini City Sensory Garden Wall
1 $12,512.85
March 20, 2023 45
Item Description Quantity Total
MREC Freestanding
Freestanding Miracle Rock Products
including:
(1) Lizard Log
(1) Medium Hop Rock
(1) Large Hop Rock
(1) Needle Rock
(3) Stump Stepper 9"
(1) Nature Transfer Point
1 $37,171.60
MREC Engineering
For Integrated Shade Only
1 $650.00
$98,980.29

10.25% Sales Tax $10,145.48
Product Total $109,125.77
Item Description Quantity Rate
Freight Miracle Freight Miracle
Shipping and Handling Charges for Miracle
Recreation Equipment. All prices are FOB
Monett MO.
1 $9,073.05
Installation Miracle Equipment Installation Only 1 $44,677.50 March 20, 2023 46
Item Description Quantity Rate
Installation Pass Through Site Work and PIP
Rubber Surfacing including:

1. MOBILIZE EQUIPMENT AND
MATERIALS.

2. DEMO AND DISPOSE OF EXISTING

POUR IN PLACE RUBBER SURFACING
AND CONCRETE SUB BASE.

APPROXIMATELY 2,200 SQFT.

3. EXCAVATE AND DISPOSE OF
EXISTING WOOD CHIPS.

APPROXIMATELY 800 SQFT.

4. DEMO AND DISPOSE OF EXISTING
EQUIPMENT.

5. CONSTRUCTION OF CONCRETE
LEDGE CURB ALONG PERIMETER.

APPROXIMATELY 225' LINEAR FEET.

6. PROVIDE, GRADE, AND COMPACT
SUB BASE MATERIALS.

APPROXIMATELY 3,000 SQFT.

7. PROVIDE AND INSTALL POUR IN
PLACE RUBBER SURFACING.

APPROXIMATELY 3,000 SQFT. FOR
AN AVG. CFH OF 8'. 50/50 BLACK

AND STANDARD COLOR WITH
AROMATIC BINDER. EXCLUDES

DESIGNS AND
GRAPHICS.
1 $83,790.00
$137,540.55
Tax $0.00
March 20, 2023 47
Shipping, Handling and Non Taxable Services Total $137,540.55 Grand Total $246,666.32
NOTES AND EXCLUSIONS:
• Pricing based on Miracle Recreation's Sourcewell contract #030117-LTS. • This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: Fees & Permits, Inspections, Bonds are not included. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.

March 20, 2023 48
All installation services quoted above are by ORTCO, INC.

License #657695
DIR #1000001641
Ortco is a factory-certified installer for Miracle Recreation Equipment Company and Poligon. • ALL UNDERGROUND UTILITIES MUST BE CLEARLY MARKED.
• ANY DELAYS DUE TO UNMARKED UNDERGROUND UTILITIES WILL BE AN ADDITIONAL CHARGE.
• ANY ADDITIONAL WORK OR DELAYS CAUSED BY UNFORESEEN ROCK CONDITIONS WILL BE CHARGED ACCORDINGLY.
• WHEN REQUIRING CERTIFIED PAYROLL TO BE UPLOADED ON THE DIR WEBSITE,

PLEASE FORWARD YOUR DIR PROJECT NUMBER TO US ALONG WITH YOUR PO

BEFORE COMMENCEMENT OF THE PROJECT SO WE MAKE SURE WE ARE COMPLIANT IN SUBMITTING ALL PAYROLLS IN A TIMELY MANNER.
• DIRECT COST FOR ANY ADDITIONAL INSURANCE ABOVE AND BEYOND 1 MILLION FOR

GL, WC, AUTO, AND UMBRELLA WILL BE CHARGED DIRECTLY TO CUSTOMER, IF REQUIRED BY CONTRACT.
• ALL ITEMS OTHER THAN THOSE SPECIFICALLY QUOTED ABOVE ARE EXCLUDED.

March 20, 2023 49
PLAYCOVER 30’ X 30’, FLAME RETARDANT

A-MAZE-ING INSERT

FOUR-THE-WIN INSERT

NEEDLE ROCK

NATURE DECK ENCL

TRANSFER
POINT

NATURE TWISTED

VINE CLIMBER

LIZARD LOG

NATURE DECK ENCL
HORIZ.

TRY-RING

NATURE DECK ENCL

END LADDER

LARGE HOP ROCK

MEDIUM HOP ROCK
STUMP STEPPER 9"
STUMP STEPPER 9"
STUMP STEPPER 9"

NATURE DECK ENCL

MM DYNAMICS LAB

MINI CITY TRUCK

CRITTER PUZZLE

NATURE WALL
2'
DECK

TERRAIN CLIMBER
2'
DECK

INCLINED BRIDGE

LOOP CLIMBER
6'
DECK

ADA STAIRS
2' RISE
4'
DECK
4'
DECK
6'
DECK

ADA STAIRS
2' RISE

SHUTTLE CLIMBER

M'THERM STEPS
2' DK OPN/HR

CHAMELEON II SLIDE

HOW TALL

RU PANEL

WELCOME SIGN
FREESTANDING AGES 5-12

MINI CITY SENSORY GARDEN WALL

DOUBLE SIDED
GROUND SPACE:

PROTECTIVE AREA:

DRAWN BY: DATE:

PHONE NO:

FAX NO:

To promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play. AN ENERGY ABSORBING PROTECTIVE

SURFACE IS REQUIRED UNDER & AROUND ALL

PLAY SYSTEMS
(877) 215-3869
La Verne, CA
Lowell Brandt Park
R0036_44994574869 (800) 264-7225
Corona,CA
9106 Pulsar Ct, Suite C
Robert Fryhoff 4/11/2022
49'-0" x 43'-0"
51'-6" x 41'-6"
Miracle Playground Sales, Inc.

March 20, 2023 50
March 20, 2023 51
March 20, 2023 52
March 20, 2023 53
March 20, 2023 54
WHY MIRACLE®
March 20, 2023 55
Miracle brings you the thrills of a lifetime.

Miracle is one of the nation’s fi rst and most innovative playground equipment manufacturers. We fi rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the fi rst fi berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.

This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.

VERSALOK®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.

GATOR GRIP®
The 3D textured pattern
makes it easy for kids to
make their next moves.

MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fi ngers safe.

COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.

The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specifi cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.

Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.

SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety specifi cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.

To verify product certifi cation, visit www.ipema.org.
miracle-recreation.com 193
March 20, 2023 56
Red Yellow Tropical Yellow Orange Lime Chartreuse Green Forest Green Teal Sky Cyan Blue Cobalt Lavender Plum Burgundy
Beige Brownstone Brown Dark Brown White Graystone Light Gray Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.

Mira-Lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Dark Gray-Black Black-White White-Black Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Yellow-Black Orange-Sand Lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Red Royal Blue Forest Green Sand Black
Miracle Swing Seat Colors
Color Choices
196 Color Choices Miracle-Recreation.com
March 20, 2023 57
Red Yellow Tropical Yellow Orange Lime Chartreuse Green Forest Green Burgundy Brown White Light Gray
Sand
Dark Brown Silver Metallic Gray Black
(Posts & Clamps Only)
Teal Azure Blue Cobalt Lavender Plum Beige
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).

Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.

Yellow Orange Habanero Mediterranean Safari Rainforest Desert Dunes Mahogany Gray White Red Brown Royal Blue Sand Hunter Green Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.

Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.

Actual colors in catalog may vary due to four color printing process.

Color Choices 197
March 20, 2023 58
Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Terracotta Rain Forest
Terracotta
White
Sunflower Yellow Olive
Desert Sand
Silver
Electric Purple Zesty Lime
Silver
Black
Perforated Diamond
Powder Coat and Plastisol Powder Coat Only
Red Green Blue Sand Brown Charcoal Black White
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.

Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
198 Color Choices Miracle-Recreation.com
March 20, 2023 59
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.

Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:

1. LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, VersaLok® fastening system, cast aluminum parts, and stainless steel hardware.

2. LIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.

3. LIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:

Limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, Zesty Lime, Cinnamon, and Olive.)

4. LIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. •Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, UV deterioration and defects in materials and workmanship (Note Exception: Limited Three (3) Year Warranty for fabric in shades of red).

5. LIMITED FIVE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PVC coating and PE coating against cracking or peeling. •Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).

6. LIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.

7. LIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. •Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.

BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri.

LIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.

Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.

Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.

THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE

DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.

Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes.

Warranty 195
March 20, 2023 60
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by TüV
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a member-driven international trade organization which represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the International Play Equipment Manufacturers Association (IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜV SÜD America Inc., (TÜV),
validates an equipment manufacturer’s certification of conformance to the ASTM F1487 Standard Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA Z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜV SÜD America Inc.,
(TÜV), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Performance Criterion, Section 4.2; ASTM F1292, Standard Specification for Impact Attenuation
Under and Around Playground Equipment Performance Criterion (in its entirety); ASTM F3351, Standard Test Method for Impact Testing In Laboratory at Specified Test Height; and for an engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equipment; and for a Loose Fill Rubber manufacturer its certification of conformance, also to ASTM
F3012, Standard Specification for Loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.

Certifications
194 Certifications Miracle-Recreation.com
March 20, 2023 61
City of La Verne, City Council
Agenda Report
DATE: March 20, 2023
TO: Honorable Mayor and City Council
FROM: Chris Nigg, Fire Chief
SUBJECT: RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S 2022

REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES

SUMMARY
In accordance with Senate Bill 1205 (SB1205) all fire departments, within the state of California, annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities and report out annually to its administering authority its compliance.

RECOMMENDATION
Adopt Resolution No. 23-12, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE

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

ACKNOWLEDGING RECIEPT OF A REPORT MADE BY THE FIRE CHIEF OF THE LA VERNE FIRE DEPARTMENT’S REQUIREMENT TO INSPECT CERTAIN
OCCUPANICES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.”

DISCUSSION
In accordance with Senate Bill 1205 (SB1205), the California Health and Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018.

The California Health and Safety Code Section 13146.2 and 13146.3 requires all fire departments, within the state of California, to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities. California Health & Safety Code Section 13146.4 requires all fire departments to report annually to its administering authority its compliance with Section 13146.2 & 13146.3.

The La Verne Fire Department’s (LVFD) Community Risk Reduction (CRR) Division is responsible for fire and life safety prevention and risk reducing programs throughout the City of La Verne. One of these programs is the California State Fire Marshal mandated annual Inspection program. The City’s Fire Marshal has historically been solely responsible for conducting the annual inspections. In doing so, correction notices are issued for violations as necessary. The amount of time, and level of enforcement required for correcting violations depends upon the severity of the violation(s) identified. Violations that pose an immediate health and safety hazard require an expedient response and March 20, 2023 62
possibly even a complete cessation of operations by order of the Fire Marshal. While less dangerous or more complicated cases are given a defined time frame to become California Fire Code Compliant.

As the result of high fatality fire rates and increased potential for injury or death, The California State Fire Marshal, through the California Health & Safety Code and California Fire Code have identified certain building occupational classifications which are required to be inspected by law. Those classifications are:
• Organized Camps
• Day Care Facilities
• Public and Private Schools
• Health care Facilities
• Detention Facilities
• Day Care Facilities
• Multi-Family Housing
• Residential Care Facilities
• High Rise Buildings
It was also the intent of the legislative bodies to provide mechanisms to ensure jurisdictions had the corresponding resources to complete the inspections. As such, SB 1205 requires the Community Risk Reduction Division, under the direction of the Fire Chief, to submit an annual report to the City Council indicating its compliance with the educational, multi-family, and residential care facility categories of the mandated annual inspection program. If the division is found to be deficient in completing its mandated inspections, local governing bodies are to be made aware of such with the purpose of providing the financial resources to hire personnel to complete the inspections.

The results of that compliance are below.

Occupancy Total Inspected 2022 Success rate
E (Educational)
8 1 12.5%
R-2 (Multi-Family)
97 17 17.5%
R-2.1 (Residential Care
Facilities) 9 0 0%
Unfortunately, LVFD was incapable of meeting the required inspections in totality for several reasons. Among many other past defunct practices, the CRR Division did not have a full time Fire Marshal until April. An entirely new records management system had to be implemented and all inspections had to be accounted for, redistributed, and implemented into a pragmatic routine inspection schedule. As the sole member of the CRR Division, the Fire Marshal was only able to begin inspections in October. The delay only allowed for 3 months to complete the entirety of the City’s inspections, permits, plan March 20, 2023 63
review, development authorization, etc. It was identified that a second full-time position was required to be complaint, which was approved by Council on December 5, 2022. A final candidate was identified and has an anticipated start date of April 10. 2023.

FISCAL ANALYSIS
The recommended action has no financial impact.

ENVIRONMENTAL ANALYSIS
Not Applicable.

LEGAL REVIEW
This report was reviewed and approved by the City Attorney

ATTACHMENTS
SB1205 Resolution
Report Prepared By:

Robert Montaghami, Fire Marshal
March 20, 2023 64
RESOLUTION NO. 23-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAVERNE CALIFORNIA ACCEPTING THE FIRE DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE

INSPECTION MANDATES
WHEREAS, the California Health and Safety Code requires fire departments within the state of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities.

WHEREAS, Fire Marshal focuses on compliance with building standards and other regulations imposed by the State Fire Marshal, and on public safety and fire prevention; and
WHEREAS, section 13146.4 was added to the Health and Safety Code in 2018 to require local fire departments to perform annual inspections and pursuant to Senate Bill 1205, report compliance information annually to its administering authority; and WHEREAS, in accordance with Senate Bill 1205, the Fire Department hereby submits this report on its compliance with the state inspection mandates to the City Council for review and approval; and
WHEREAS, the City Council of the City of La Verne intends this Resolution to fulfill the requirements of the Health and Safety Code regarding acknowledgment of the La Verne Fire Department’s compliance with sections 13146.2 and 13146.3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE,

CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:

A. The City Council acknowledges and accepts the Fire Department’s submission of an annual report regarding the inspection of certain occupancies, including schools, multi-family housing and residential care facilities pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

B. The City Manager is authorized to execute all necessary documents associated with the compliance report.

C. This action is not a “Project” as defined by the California Environmental Quality Act (CEQA) because it involves organization or administrative activities of the government that will not result in direct or indirect physical changes in the environment, pursuant to CEQA Guidelines § 15378(a).

March 20, 2023 65
The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 20th of March, 2023.
________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Lupe Gaeta Estrella, Assistant City Clerk

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES) SS

CITY OF LA VERNE )
I hereby certify that the foregoing Resolution No. 23-12 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
March 20, 2023 66
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March 20, 2023 67
March 20, 2023 68
City of La Verne, City Council
Agenda Report
DATE: March 20, 2023
TO: Honorable Mayor and City Council
FROM: Christy Lopez, Director of Finance
SUBJECT: 2022-23 MID-YEAR BUDGET UPDATE

SUMMARY
The Mid-Year Budget Update is a financial update report for the 2022-23 Fiscal Year.

Updated budget assumptions and estimates have resulted in increases of $2,249,697 in revenue and $2,243,504 in expenditures for the General Fund resulting in a net increase of $6,193 to the General Fund Reserves for mid-year adjustments. Various non-general fund adjustments are included with a revenue increase of $389,567 and expenditure increase of $2,382,088.

RECOMMENDATION
It is recommended that the City Council approve the budget amendments detailed in the attached Budget Amendments Listing, adjusting revenues and expenditure appropriations for the fiscal year 2022-23 budget.

DISCUSSION
The 2022-23 Budget was approved by City Council on June 20, 2022 with a revision approved August 15, 2022. The revision requested additional appropriations for the unfunded liability and fiduciary services with LA Impact which were excluded during the budget preparation. Unknown during that revision were the insufficient budget appropriations of overtime to cover Fire operations which amounted to $700,000. Based on this discovery and economic changes that have occurred since then, the Finance Department is providing a mid-year financial update report for the 2022-23 fiscal year.

Budget assumptions were incorporated into the budget based on the 2021-22 Fourth Quarter economic information known at that time. Updated estimates have resulted in increases of $2,249,607 in revenue and $2,243,504 of expenditure increases for the General Fund with a net overall increase to the City’s General Fund Reserve Balance of $6,193. Additional budget adjustments have occurred between the adoption and midyear adjustment. A net decrease of $639,381 to the General Fund reserve balance is anticipated for the budget adjustments that have occurred throughout the fiscal year as approved by other City Council actions. Listed in the table below is a summary of the budget adjustments as well as the anticipated ending fund balance. Details of the revenue and expenditure changes for other funds are listed in the Budget Amendment listing attachment.

March 20, 2023 69
Revenues
General Fund revenues are anticipated to increase by $2.2 million through the end of the fiscal year.

Sales tax, entering the 2022-23 Budget, based on the initial conservative projections, the City budgeted $5.26 million for the year. Third Quarter (July-September) reports have shown flat sales with a 0.1 decline in receipts compared to Third Quarter 2022. The Estimated Ending Fund Balance $ 12,006,419
*Community Risk Reduction Specialist w as added during the first half of the fiscal year, the position has not been filled as of yet and w ill require roughly tw o-months of appropriations w hich w ill be absorbed by other vacancy savings.

Resources 0
Appropriations (partial year) (25,300)
Budget Revision - Prior Year Encumbrances Approved in Fiscal Year 2021-22 Resources 0
Appropriations (636,096)
Resources 0
Appropriations (82,000)
Budget Revision - Funding for Police Clerk Approved 11-07-2022 Approved 7-18-2022
Resources - Measure LV 490,000
Appropriations (490,000)
Budget Revision - Funding for Police Vehicles Approved 11-07-2022 Budget Revision - Mid-Year Adjustments Proposed
Resources 2,249,697
Appropriations (2,243,504)
Budget Revision - MOU Changes Approved 12-19-2022
Resources - Measure LV 73,132
Appropriations (73,132)
Resources - 115 Trust
Appropriations
$ 12,645,800
Approved 6-20-2022
(42,391,999)
Approved 8-15-2022
533,100
(533,100)
Resources

CITY OF LA VERNE

GENERAL FUND BUDGET SUMMARY
Fiscal Year 2022-23
Fiscal Year 2022-23 Revised Budget:

Estimated Beginning Fund Balance
Fiscal Year 2022-23 Adopted Budget
Appropriations
Budget Revision - Unfunded Liability
42,489,821
Budget Revision - Salary Adjustment
Budget
Mid-Year
Adjustment Year End Estimate
Charges for Services 7,043,800 (231,310) 6,812,490
Fines & Forfeiture 306,800 (293,600) 13,200
Intergovernmental 421,542 25,000 446,542
License & Permits 2,003,500 153,500 2,157,000
Taxes 25,084,747 663,320 25,748,067
Transfers 8,233,268 1,834,609 10,067,877
Use of Money & Property 519,200 98,178 617,378
Grand Total $ 43,612,857 $ 2,249,697 $ 45,862,554
General Fund
March 20, 2023 70
average increase of 3% that have been seen historically are not expected this year as economic uncertainty and higher inflation contributes to reduced consumer spending.

Regarding our property tax, our current budget of $6.38M is based on a conservative assessment of the 2021-22 revenue. Calendar Year 2022 saw fewer sale transactions of single-family homes and a flattening in median sale prices. Along with flattening prices were interest rate hikes which were the main driver in the sale reduction numbers. The January updates from our consultant have led the City to maintain initial budgeted estimates.

Motor vehicle in-lieu fees were originally budgeted at $4,300,000. Revised projections are now $4,428,120. This is based on a 6% anticipated increase; original projections included a 3% increase. This revision will generate an additional $128,000 in revenue.

Utility Users Taxes (UUT): Current budget estimates across UUT revenues are $3M.

Energy cost increases have led to an anticipated combined increase across all sectors of $325,000 in revenue.

Building and Planning Activity: As a result of changes to anticipated projects, Inspection Permit revenues of $1.6M are being increased by $104,000. Planning Deposit Project revenue of $415,000 is being reduced by $284,519 based on current trends.

Traffic Safety Fund (TSF): Prior to Fiscal Year 2022-23 budget, operations including the motor officer, crossing guards, and parking enforcement were recorded in the TSF. The Police Department would like to re-establish this practice tracking these activities in a separate fund. This requires the movement of the budgets as well as the approval of City Council to add back the TSF (Fund 208). This reorganization resulted in a net adjustment of $315,000 in expenditures and revenues out of the General Fund.

Revenue Transfers:
• Paramedic Service Fund: Current budget estimates of $900,000 are being increased by $20,000 to account for the current trend in revenues received to date. • Measure LV: The current budgeted amount of $1,860,406 is being increased as a result of $490,000 in salary increases approved by Council on July 18, 2022 for all groups except the Fire Association (LVFA) and a change in the LVFA MOU approved December 19, 2022 resulting in $73,132 of increases. The increase of $563,132 for the General Fund were approved by Council but the appropriation for the transfer was not addressed resulting in this clean-up item bringing the transfer amount to $2,423,538, up from $1,860,406.
• Asset Forfeiture: In December 2022, the City was alerted to a required change in procedure when processing LA IMPACT taskforce payments for confidential informants. Previously, the payments were expensed from the Asset Forfeiture (AF) fund. This procedure now requires that confidential informant payments are only eligible for reimbursement and will be required to be paid from the General Fund (GF) and a reimbursement from the AF Fund would follow. To ensure the City does not carry a risk of not receiving the reimbursement, a procedure to verify the current March 20, 2023 71
balance of the AF fund has been implemented and no payments are released before this has been confirmed. A transfer of $500,000 from the AF fund to the GF will cover the anticipated expenses through the end of the fiscal year. • Utility Overhead Cost Transfer: Current budgeted amounts of $1,804,405 for Water and $199,421 for Sewer were incorrectly calculated during the 2022-23 budget preparation. On October 1, 2018, Council approved a Cost Allocation Study completed by HF&H Consultants. This study developed a methodology which has been used to determine the annual overhead rates. During review of the calculations for the 2022-23 budget, it was discovered that the actual expenses for the prior fiscal year were not updated. The correct amounts to provide support services for the Water Department are $2,398,270 resulting in an increase of $593,865 and Sewer Department $289,533 resulting in an increase of $90,112.

Non-General Fund Revenues
Interest revenues: The current overall budget for interest across all funds is $365,000.

The City took action between November and January to move over $20M in funds that were being held in the Local Agency Investment Fund (LAIF) earning, during the last statement period 2.07% returns. The new rate of return ranges between 4-5%. New investments fall within the guidelines of the City Investment Policy and have a call protection of no less than 12 months, this change along with unanticipated market increases in LAIF resulted in additional anticipated returns of $470,200 across all funds for an anticipated annual increase for the pooled funds of $835,200. Additional increases and decreases across various funds totaling $84,354 have been adjusted to reflect current anticipated revenues.

Expenditures
General Fund expenditures through the end of the fiscal year are anticipated to increase by $2.2 million.

Type Personnel Operational Capital Transfer Grand Total Asset Forefeiture (500,000) $ (500,000)
Building (1,673) 13,980 (26,225) $ (13,919)
City Attorney $ -
City Clerk (6,295) 6,295 $ 0
City Council 2,689 $ 2,689
City Manager (91,563) $ (91,563)
Community Development (16,789) (92,211) $ (109,000)
Community Services (77,678) (14,628) $ (92,306)
Debt Service $ -
Finance 62,933 (142,933) $ (80,000)
Fire (1,438,463) (130,885) $ (1,569,348)
Info Systems 87,061 (102,114) $ (15,053)
Non Departmental (23,500) $ (23,500)
Parks 33,826 $ 33,826
Police (256,740) (39,552) $ (296,292)
Streets 26,379 169,580 $ 195,959
Traffic Safety 303,919 453,983 $ 757,902
Transfer (442,902) $ (442,902)
Grand Total $ (1,676,310) $ (552,050) $ (26,225) $ 11,081 $ (2,243,504)

GENERAL FUND ESTIMATE YEAR-END SAVINGS / (OVERAGE) BY DEPARTMENT March 20, 2023 72
Personnel
Personnel Overages account for $1.6 million of the increases and are a result of various situations.
• For the City Manager’s office, part-time salaries incurred for the Interim City Manager as well as the retirement costs of the previous City Manager have contributed to the increase in the department expenses. • In the Fire Department, personnel overages of $1.4M are attributed to the following:
o Anticipated overtime costs exceeding the overtime budget, the original budget was not calculated correctly and is estimated to be $700,000 less than the regular overtime use. Overtime for both Fire and Ambulance Operators have a guaranteed cost due to the number of hours regularly scheduled. Section 7(k) of the Fair Labor Standards Act (FLSA) designates that employees in fire protection can have a work period, La Verne has established 24 days for the work period and any overtime hours worked in excess during that time are considered overtime. This amount varies as it depends on the number of shifts worked and is adjusted if the employee uses sick time.
o Individuals on injury leave, which results in overtime due to staffing requirements is estimated at $310,823.
o Training, changes in the Fire Department including opening Station 3 as a full service fire station brought in a new crop of individuals. As individuals attend training such as the 8 week Rookie Academy their shifts are covered by staff who are working overtime.
• For Community Services, during the COVID-19 pandemic, the Department shifted the Senior Congregate Meal program, which was staffed by senior volunteers, to a grab and go program using part-time recreation leaders, as the volunteers were unable to continue their service. The program has gone back to in-person, but there are still over 165 meals a week through the grab and go program and the recreation leaders are continuing to assist while fulfilling their regular duties, which has led to an increase in personnel costs.
• Within the Police Department, personnel overages of $250,000 are attributed to individuals on injury leave.

Operational, Capital, and Transfers
$1 million of the increases are a result of the following:
• Energy cost increases of $24,987 have contributed to overages in Building and Community Services within both electricity and gas.
• Community Development: $109,000 increase for engineering costs associated with building permit activity.

March 20, 2023 73
• Finance: $140,000 for professional services utilized during the staffing shortages as well as the cost for the bi-annual actuarial report which was not included in the budget.
• Fire: $60,000 uniforms for new personnel, $50,000 EMS supply increases due to inflation and supply chain issues, and $21,000 employee investigation costs. • Information Systems: $37,158 CAD/RMS system maintenance costs, $33,313 COM-Net subscription had a cost increase that was requested for the budget but was not included, and $31,643 for Flock Safety which was also requested but missed during the budget process.
• Non-Departmental: $20,000 for Christmas Morning expenses, $3,500 for the Public Safety Facility building assessment.
• Police: $5,924 for the 3% increase of the contract agreement with Pomona to provide jail services, $22,000 for the purchase of a E-bike utility trailer which were both requested but missed during the budget process, and $11,628 for the purchase of body worn cameras for the police cadets and tasers for newly hired police officers.

Non-General Fund Operational, Capital, and Transfer Changes

Paramedic Service: Increase the transfer amount by $20,000 to support Fire Service expenses in the General Fund. The increase coincides with the anticipated increase in the revenue.

Measure LV: There were two changes to the employee salary and or benefits during the first half of the year. Those agenda items identified that the increases would be supported by Measure LV funds but did not identify that a transfer appropriation would be needed.

Expenditures of $5,000 originally unallocated in the 2022-23 budget were discussed following the budget adoption. These funds were earmarked to be used towards the new K-9 which joined the force in January 2023. This item is a clean-up item to obtain the authorization from Council for the transfer of $563,132 from Measure LV into the General Fund.

Gas Tax: Increase of $27,157 for a street project retention and a $90,000 increase for the transfer into the General Fund to cover a portion of the street maintenance and repairs.

Traffic Safety expenses of $757,902 and Asset Forfeiture expenses of $500,000 are clean-up items, both items have an offset revenue and were discussed during the revenue section.

Fire Equipment Replacement: Expenses of $46,000 for ladder repairs on reserve quint, $10,300 to purchase a radio for the Deputy Fire Chief’s vehicle, $27,000 purchase of March 20, 2023 74
SCBA equipment, and $38,000 to purchase 3 radios which will allow a radio to be assigned individually to each firefighter.

Water and Sewer Funds, Utility Overhead Cost Transfer: Current budgeted amounts of $1,804,405 for Water and $199,421 for Sewer were incorrectly calculated during the 2022-23 budget preparation. On October 1, 2018, Council approved a Cost Allocation Study completed by HF&H Consultants. This study developed a methodology which has been used to determine the annual overhead rates. During review of the calculations for the 2022-23 budget, it was discovered that the actual expenses for the prior fiscal year were not updated. The correct amounts for the transfer from the Water and Sewer funds into the General Fund are, for the Water Department $2,398,270 resulting in a $593,865 increase and Sewer Department $289,533 resulting in an increase of $90,112.

Equipment Fund: Expenses of $39,685 to upgrade the outdated and unreliable fuel dispensing infrastructure, $19,162 switched to a different GPS fleet tracking device due to issues and usability of the previous system, and $55,000 gasoline and diesel fuel cost increases.

Overall, there are $2,771,655 of mid-year requests in non-general funds, these items are listed in the Mid-Year Budget Adjustments listing.

FISCAL ANALYSIS
Mid-Year Budget Adjustments Listing shows all the line-item adjustments being requested for approval.

ENVIRONMENTAL ANALYSIS
Not applicable

LEGAL REVIEW
Not applicable

ATTACHMENTS

1. Mid-Year Budget Adjustments Listing
March 20, 2023 75
Estimated Ending Fund Balance $ 12,006,419
*Community Risk Reduction Specialist was added during the first half of the fiscal year, the position has not been filled as of yet and will require roughly two-months of appropriations which will be absorbed by other vacancy savings.

CITY OF LA VERNE

GENERAL FUND BUDGET SUMMARY
Fiscal Year 2022-23
Fiscal Year 2022-23 Revised Budget:

Estimated Beginning Fund Balance
Fiscal Year 2022-23 Adopted Budget
Appropriations
Budget Revision - Unfunded Liability
42,489,821
Budget Revision - Salary Adjustment
March 20, 2023 76
Fund Fund Description Adjusted
Budget
Mid-Year
Adjustments
Year-End
Estimate
Estimated Year End
Decreases (Increases)
101 General Fund 43,612,857 2,249,697 45,862,554 (2,249,697) 104 Paramedic Fund 900,000 20,000 920,000 (20,000)
107 Measure LV 4,644,000 70,000 4,714,000 (70,000)
110 Fire Assignment 1,200,000 1,200,500 500 (500)
206 Gas Tax 1,284,000 271,000 1,555,000 (271,000)
208 Traffic Safety 315,000 315,000 -
215 CDBG 109,000 109,000 -
216 CFD 90-1 1,589,000 3,000 1,592,000 (3,000)
217 Enhanced Infrastructure Dist. 75,300 700 76,000 (700) 221 Cable Public Access 75,300 400 75,700 (400)
223 Downtown Parking In-Lieu 5,400 700 6,100 (700)
226 Affordable Housing 3,000 8,000 11,000 (8,000)
229 La Verne Housing Successor 3,200 4,000 7,200 (4,000) 230 Asset Forfeiture - LAIMPACT - 30,000 30,000 (30,000) 231 Asset Forfeiture 120,000 8,000 128,000 (8,000)
232 LACMTA Proposition A 819,000 5,000 824,000 (5,000)
234 LACMTA Proposition C 672,000 7,000 679,000 (7,000)
235 Measure R 504,000 4,000 508,000 (4,000)
236 Measure M 574,500 3,000 577,500 (3,000)
237 Measure A 650,000 650,000 -
238 Measure W 561,600 5,000 566,600 (5,000)
243 AB2766 43,600 3,000 46,600 (3,000)
244 PS Facility & Equipment 2,000 (1,800) 200 1,800
245 Old Town Business Imp. Dist. 69,500 - 69,500 -
246 Maintenance Assmnt. Dist. 378,800 2,500 381,300 (2,500) 250 Fire Equipment Replacement 443,500 5,000 448,500 (5,000) 252 CFD 11-1 174,000 1,000 175,000 (1,000)
290 ARPA - 25,000 25,000 (25,000)
299 Miscellaneous Grants 952,592 952,592 -
405 General Capital Improvement 570,000 40,000 610,000 (40,000) 406 Right of Way Management 146,000 30,000 176,000 (30,000) 410 Underground Utility 1,300 20,500 21,800 (20,500)
412 Park Development 1,070,333 (764,333) 306,000 764,333 413 Youth Sports CIP 10,500 20,700 31,200 (20,700)
419 Storm Drain 6,000 32,000 38,000 (32,000)
502 Water Operating 13,172,700 219,700 13,392,400 (219,700) 507 Water Capital Improvement 1,540,000 130,000 1,670,000 (130,000) 530 Sewer Operating 1,645,000 45,000 1,690,000 (45,000) 531 Sewer Capital Improvement 189,000 65,000 254,000 (65,000) 624 Equipment 1,766,673 60,000 1,826,673 (60,000)
625 Risk Management 1,452,051 12,000 1,464,051 (12,000) 730 Successor Agency 580,800 4,000 584,800 (4,000)
Grand Total $ 81,931,506 $ 2,639,264 $ 84,570,770 $ (2,639,264)

CITY OF LA VERNE

REVENUES - ALL FUNDS
Fiscal Year 2022-23
March 20, 2023 77
Fund &
Category
Original
Budget
Adjusted
Budget
Mid-Year
Requests
Year-End
Estimated
Budget Variance
(over) under
101 $ 42,391,999 $ 44,146,375 $ 545,153 $ 46,389,879 $ (2,243,504) Capital 295,500 370,417 396,642 (26,225)
Operational 14,009,522 14,567,201 556,234 15,119,251 (552,050) Personnel 27,801,977 28,841,757 30,518,067 - (1,676,310) Transfer 285,000 367,000 (11,081) 355,919 11,081
104 $ 900,000 $ 900,000 $ 20,000 $ 920,000 $ (20,000)
Transfer 900,000 900,000 20,000 920,000 (20,000)
107 $ 1,974,994 $ 1,974,994 $ 568,132 $ 2,543,126 $ (568,132) Capital 114,588 114,588 5,000 119,588 (5,000)
Transfer 1,860,406 1,860,406 563,132 2,423,538 (563,132) 110 $ 915,664 $ 915,664 $ 134,061 $ 781,603
Operational
Personnel 915,664 915,664 134,061 781,603
206 $ 1,225,000 $ 1,225,000 $ 117,157 $ 1,342,157 $ (117,157) Capital 955,000 955,000 27,157 982,157 (27,157)
Transfer 270,000 270,000 90,000 360,000 (90,000)
208 $ 757,902 $ 757,902 $ (757,902)
Operational 303,919 303,919 (303,919)
Personnel 453,983 453,983 (453,983)
215 $ 109,000 $ 109,000 $ 113,893 $ (4,893)
Capital 79,000 79,000 79,000
Operational 20,451 20,451 20,451
Personnel 9,549 9,549 14,442 (4,893)
216 $ 1,460,000 $ 1,657,738 $ 1,657,738
Capital 197,738 197,738
Operational
Transfer 1,460,000 1,460,000 1,460,000
217 $ 3,000 $ 3,000 $ 3,000
Operational 3,000 3,000 3,000
221 $ 93,000 $ 93,000 $ 93,000
Transfer 93,000 93,000 93,000
229 $ 15,000 $ 15,000 $ 15,000
Transfer 15,000 15,000 15,000
230 $ 746,150 $ 746,150 $ 500,000 $ 1,246,150 $ (500,000) Operational 746,150 746,150 746,150
Transfer 500,000 500,000 (500,000)
231 $ 353,006 $ 488,380 $ 494,510 $ (6,130)
Capital 19,300 154,284 154,284
Operational
Personnel 278,706 279,096 285,226 (6,130)
Transfer 55,000 55,000 55,000
232 $ 800,505 $ 801,634 $ 788,772 $ 12,862
Operational 729,080 729,080 729,080
Personnel 71,425 72,554 59,692 12,862

CITY OF LA VERNE

EXPENDITURE TOTAL ALL FUNDS
Fiscal Year 2022-23
March 20, 2023 78
Fund &
Category
Original
Budget
Adjusted
Budget
Mid-Year
Requests
Year-End
Estimated
Budget Variance
(over) under

CITY OF LA VERNE

EXPENDITURE TOTAL ALL FUNDS
Fiscal Year 2022-23
234 $ 979,297 $ 1,404,016 $ 1,407,897 $ (3,881)
Capital 419,000 419,000 419,000
Operational 401,795 820,795 820,795
Personnel 158,502 164,221 168,102 (3,881)
235 $ 300,000 $ 300,000 $ 300,000
Capital 300,000 300,000 300,000
236 $ 420,000 $ 420,000 $ 420,000
Capital 300,000 300,000 300,000
Operational 120,000 120,000 120,000
237 $ 650,000 $ 650,000 $ 650,000
Capital 650,000 650,000 650,000
238 $ 76,500 $ 76,500 $ 76,500
Operational 76,500 76,500 76,500
243 $ 50,000 $ 50,000 $ 50,000
Capital 50,000 50,000 50,000
245 $ 132,400 $ 132,400 $ 132,400
Operational 92,400 92,400 92,400
Transfer 40,000 40,000 40,000
246 $ 521,652 $ 524,804 $ 524,804
Operational 494,690 495,890 495,890
Personnel 26,962 28,914 28,914
250 $ 499,500 $ 619,116 $ 121,300 $ 740,416 $ (121,300) Capital 459,500 579,116 121,300 700,416 (121,300)
Operational 40,000 40,000 40,000
252 $ 350,000 $ 300,000 $ 300,000
Capital 150,000 100,000 100,000
Transfer 200,000 200,000 200,000
256 $ 280,000 $ 280,000 $ 280,000
Transfer 280,000 280,000 280,000
257 $ 145,000 $ 145,000 $ 145,000
Transfer 145,000 145,000 145,000
290 $ 1,620,000 $ 4,482,360 $ 4,590,326 $ (107,966)
Capital 20,000 345,413 345,413
Operational 2,536,947 2,536,947
Personnel 107,966 (107,966)
Transfer 1,600,000 1,600,000 1,600,000
299 $ 713,186 $ 752,605 $ 799,636 $ (47,031)
Capital 622,000 658,340 658,340
Personnel 91,186 94,265 141,296 (47,031)
405 $ 720,000 $ 900,883 $ 900,883
Capital 535,000 675,000 675,000
Operational 40,883 40,883
Transfer 185,000 185,000 185,000
412 $ 1,655,000 $ 1,615,000 $ 1,615,000
March 20, 2023 79
Fund &
Category
Original
Budget
Adjusted
Budget
Mid-Year
Requests
Year-End
Estimated
Budget Variance
(over) under

CITY OF LA VERNE

EXPENDITURE TOTAL ALL FUNDS
Fiscal Year 2022-23
Capital 1,615,000 1,575,000 1,575,000
Operational
Transfer 40,000 40,000 40,000
440 $ 1,300,000 $ 1,300,000 $ 1,300,000
Capital 1,300,000 1,300,000 1,300,000
Operational
502 $ 13,118,844 $ 13,679,546 $ 593,865 $ 14,424,832 $ (745,286) Capital 15,000 40,989 40,989
Operational 9,236,965 9,700,679 9,677,857 22,822
Personnel 2,062,474 2,133,473 2,307,716 (174,243)
Transfer 1,804,405 1,804,405 593,865 2,398,270 (593,865) 507 $ 2,935,000 $ 2,935,000 $ 2,935,000
Capital 2,935,000 2,935,000 2,935,000
530 $ 1,715,691 $ 1,742,474 $ 90,112 $ 1,793,798 $ (51,324) Operational 563,392 563,392 563,392
Personnel 952,878 979,661 940,873 38,788
Transfer 199,421 199,421 90,112 289,533 (90,112)
531 $ 425,000 $ 918,758 $ 918,758
Capital 425,000 918,758 918,758
624 $ 3,067,241 $ 3,174,224 $ 117,731 $ 3,299,777 $ (125,553) Capital 1,765,999 1,847,999 1,847,999
Operational 694,742 694,742 113,847 808,589 (113,847)
Personnel 606,500 631,483 3,884 643,189 (11,706)
625 $ 1,452,051 $ 1,452,051 $ 1,452,051
Operational 1,452,051 1,452,051 1,452,051
730 $ 369,663 $ 369,966 $ 369,966
Operational 350,000 350,000 350,000
Personnel 19,663 19,966 19,966
Grand Total 84,483,343 $ $ 91,300,638 $ 3,431,352 $ 95,926,230 $ (4,625,592) March 20, 2023 80
Fund Account Number Category Mid-Year
Requests
101 101############# Personnel 1,676,310
101 101############# Capital 26,225
107 101-1401-402.32-00 Operational 80,000
110 101-1502-402.43-05 Operational 37,158
206 101-1502-402.43-07 Operational 33,313
208 101-1502-402.57-05 Operational 31,643
215 101-1600-405.32-00 Operational 3,500
216 101-1600-405.54-06 Operational 20,000
217 101-2001-421.32-08 Operational 21,000
221 101-2001-421.64-07 Operational 60,000
223 101-2008-421.61-23 Operational 50,000
226 101-2501-422.73-05 Operational 22,000
229 101-2502-422.#### Personnel (453,983)
230 101-2502-422.#### Operational (303,919)
231 101-2504-422.32-09 Operational 5,924
232 101-2507-422.57-05 Operational 11,628
234 101-2514-422.38-12 Operational 500,000
235 101-3004-434.32-05 Operational 109,000
236 101-4102-441.62-50 Operational 10,359
237 101-4203-442.43-05 Operational (150,000)
238 101-6103-452.62-51 Operational 9,558
243 101-6205-452.62-51 Operational 5,070
244 101-9892-550.92-08 Transfer 442,902
245 104-9892-550.91-01 Transfer 20,000
246 107-2001-421.75-00 Capital 5,000
250 107-9892-550.91-01 Transfer 563,132
252 206-7101-510.73-10 Capital 27,157
290 206-9892-550.91-01 Transfer 90,000
299 208-2502-422.#### Personnel 453,983
405 208-2502-422.#### Operational 303,919
406 230-9892-550.9101 Transfer 500,000
410 250-7044-510.74-06 Capital 48,300
412 250-7044-510.74-10 Capital 46,000
413 250-7044-510.74-20 Capital 27,000
419 502-9892-550.91-01 Transfer 593,865
502 530-9892-550.91-01 Transfer 90,112
507 624-4501-445.61-06 Operational 39,685
530 624-4502-445.43-07 Operational 19,162
531 624-4503-445.12-00 Personnel 3,884
624 624-4505-445.62-07 Operational 40,000
625 624-4505-445.62-08 Operational 15,000
$ 3,431,352
Grand Total - Includes Overages $ 5,133,887
Traffic Safety Fund Re-Establishment
Traffic Safety Fund Re-Establishment
Pomona jail agreement increase
Body worn cameras and tasers
Subtotal - Mid-Year Requests
Fuel Increases
Utility Overhead Cost Transfer
Utility Overhead Cost Transfer
Upgrade to fuel dispensing infrastructure
Fuel Costs
Salary Increases
Fuel Increases
Traffic Safety Fund Re-Establishment
Traffic Safety Fund Re-Establishment
Asset forfeiture confidential informant payments
Fire radios for personnel
Ladder repairs on reserve quint
SCBA equipment
Traffic Safety Fund Re-Establishment
Transfer for Paramedic Services
K-9 Expenses
Salary and Benefit MOU Changes
Construction contracts for street repairs
Gas tax transfer to General Fund for streets
Asset forfeiture confidential informant payments
Engineering expenses
Energy Increases
Street maintenance savings
Energy Increases
Energy Increases
EMS supply increases
E-Bike Utility Trailer
ComNet Subscription
Flock Safety
Public Safety Facility Assessment
Christmas Morning Supplies
Employee Investigation Expenses
Uniforms for Fire personnel

CITY OF LA VERNE

MID-YEAR ADJUSTMENTS/OVERAGES - ALL FUNDS
Fiscal Year 2022-23
Description of Request/Overage
Personnel Overages
Capital Overages
Professional Services
CAD/RMS system maintenance
March 20, 2023 81
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March 20, 2023 82
City of La Verne, City Council
Agenda Report
DATE: March 20, 2023
TO: Honorable Mayor and City Council
FROM: Chris Nigg, Fire Chief
SUBJECT: RESOLUTION ADJUSTING FIRE MARSHAL SALARY

SUMMARY
City Council approval is requested for a salary adjustment for the Fire Marshal classification in order to remain competitive in compensation.

RECOMMENDATION
Adopt Resolution 23-13, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING RESOLUTION NO. 22-48, A SALARY CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR FIRE MARSHAL.”

DISCUSSION
On December 20, 2021, the City Council approved a class specification and salary for the City’s first full-time Fire Marshal. With the appointment of a new Fire Chief, and subsequent analysis of the Fire Department’s operations, administration, and ability to meet the City’s public safety liabilities, a determination was made that the previous employment of a part time Fire Marshal or Deputy Fire Marshal was not adequate.

Increased development, numerous missed inspections, lack of proactive enforcement programs, lack of comprehensive prevention related records management, and failure of operational area engagement had plagued the City with inefficiency, irrelevancy and vulnerability.

Prior to the new classification, a shift Battalion Chief was fulfilling the Fire Marshal duties on a part-time basis, 2 days a week. Outside of those two shift days, overtime costs were incurred in order to make up the shortfall. As a means of immediately rectifying the shortfall, a three-year historical analysis of overtime was reviewed, ultimately identifying $18,000 in average annual overtime costs directly tied to Fire Marshal duties. As such, the Deputy Fire Marshal class specification salary was added to the $18,000 cost, and a lower end competitive Fire Marshal salary was created. At the time, there was a general understanding that once the administrative cost-recovery failures were resolved, a more competitive Fire Marshal salary would then be re-evaluated for recruitment and retention purposes.

The current Fire Marshal has been with the City and fire department for 11 months. In his time, he has brought forth a host of innovative ideas, a streamlined records management process, tablet-based inspection programs, more accurate fee schedules, improved inspection schedules, wildland risk reduction measures, improved weed abatement March 20, 2023 83
policy, better customer service for Community Development and has even served as the fire subject matter expert for the San Gabriel Council of Governments on several occasions. Finally, a dedicated Fire Marshal aligns the City with complying with Senate Bill 1205 which requires annual reporting to the City Council related to state-mandated inspections of various facilities.

After 4 months of accurately cost recovering and consistent billing, the Fire Department has generated approximately $40,000 in collections specifically relative to the Community Risk Reduction (CRR) Division, and the Fire Marshal’s efforts. In the fiscal analysis below, a conservative projection is provided to identify the minimum revenue anticipated with two full-time personnel staffing the CRR Division. The new CRR Specialist will begin assisting in those efforts in April of 2023, providing the full ability to meet the projections and reduce the number of missed safety vulnerabilities. It is anticipated that the amount of revenues will create a fully sustainable CRR Division within the next 1-2 years and beyond.

After a comprehensive review of area Fire Marshal salaries, including La Verne comparable salary cities (Chino, Rancho Cucamonga, Ontario, Monrovia and Montclair, a suggested median salary was calculated at $141,805. However, 3 of those jurisdictions were larger, funded differently and had different organizational assistance respectively.

Staff recognized that the City of Brea was identified as an appropriate “classification and compensation” comparable City in a 2018 classification and compensation study and accordingly, has a similar risk profile as well as department make up. The Brea Fire Marshal salary top step is $129,706 and more in alignment with a comparable salary for La Verne’s Fire Marshal. The $22,788 increase from the Fire Marshal’s current top step salary of $106,918 can be supported by the increased administrative revenue anticipated to be generated by the CRR Division once fully staffed.

FISCAL ANALYSIS
Staff has determined a revenue projection utilizing the known quantity of fire inspections and annual operating permits along with current business license data. In order to remain conservative in our projections, it is important to err on the side of caution. Utilizing City business registration databases, it is believed that there are approximately 800-1000 businesses which would require fire and life safety inspections. As the new Community Risk Reduction Division is rebuilding its inspection database and internal processes, it will likely take 2-3 calendar years to fully understand the large number of businesses, permits, and inspections missed in previous years.

Only as we complete previously missed inspections are we able to confirm erroneous addresses or operations not requiring inspection. Utilizing the conservative number of 800 inspections, and 250 annual permits, the Community Risk Reduction Division projects an annual cost recovery of approximately $230,000. Moreover, the total for an annual operational permit reflects 25% of those businesses requiring only one operational permit.

For better context, the fire prevention inspection fees are $245.00 per ½ hour for Engine Company personnel, $125.00 per hour for Fire Prevention personnel and $332 for the first annual permit. Multiple complex occupancies in LaVerne require more than one hour of inspection time, and inspections are invoiced based on an hourly rate. Most businesses March 20, 2023 84
Fire Marshal Median Salary Adjustment Council Agenda Report March 20, 2023

Page 3 ends

requiring permits often require multiple operational permits, although any permit after the first is half the original cost.

These projections do assume the Community Risk Reduction Division is staffed with two full-time personnel. The number of complex inspections identified in La Verne, requiring multiple permits, multiple day inspections and excessive technical review exceed the capacity of just one person. Accordingly, the Fire Department is actively recruiting for a Community Risk Reduction Specialist, who will also be responsible for technical fire and life safety inspections as one of his/her duties.

The increase in Fire Marshal salary will result in additional expenses of $26,000 for salary and benefits in fiscal year 22/23. The increase can be absorbed by existing appropriations within the General Fund from salary savings of a position that will be vacant for a minimum of 2 months.

ATTACHMENTS

1. Fire Marshal Resolution No. 23-13
March 20, 2023 85
RESOLUTION NO. 23-13

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

OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY FOR FIRE MARSHAL CLASS SPECIFICATION AND AMENDING RESOLUTION NO. 21-92 BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. Resolution 22-48 pertaining to the salaries of full-time employees is hereby amended as follows effective March 26, 2023:

Fire Marshal
Step1 = $101,326 Step2 = $107,811 Step3 = $114,296
Step4 = $120,781 Step5 = $129,706
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.

PASSED, APPROVED AND ADOPTED this 20th of March, 2023.
________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 23-13 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Lupe Gaeta Estrella, Assistant City Clerk
March 20, 2023 86
FY 2022-23
Mid-Year Budget Update
3/20/2023
FY 2022-23 General Fund Budget Summary
2 Fiscal Year 2022-23 Revised Budget:

Estimated Beginning Fund Balance $12,645,800
Fiscal Year 2022-23 Adopted Budget Approved 6-20-2022
Resources 42,489,821
Appropriations (42,391,999)
Budget Revision - Prior Year Encumbrances Approved in Fiscal Year 2021-22 Resources 0
Appropriations (636,096)
Budget Revision - Salary Adjustment Approved 7-18-2022
Resources - Measure LV 490,000
Appropriations (490,000)
Budget Revision - Unfunded Liability Approved 8-15-2022 Resources - 115 Trust 533,100
Appropriations (533,100)
Budget Revision - Funding for Police Vehicles Approved 11-07-2022 Resources 0
Appropriations (82,000)
Budget Revision - Funding for Police Clerk Approved 11-07-2022 Resources 0
Appropriations (partial year) (25,300)
Budget Revision - MOU Changes Approved 12-19-2022
Resources - Measure LV 73,132
Appropriations (73,132)
Budget Revision - Mid-Year Adjustments Proposed
Resources 2,249,697
Appropriations (2,243,504)
Estimated Ending Fund Balance $12,006,419
*Community Risk Reduction Specialist was added during the first half of the fiscal year, the position has not been filled yet and will require roughly two-months of appropriations which will be absorbed by other vacancy savings.

FY 2022-23 General Fund
Estimated Revenues
33 Budget Mid-Year Adjustment Year End Estimate
Charges for Services 7,043,800 (231,310) 6,812,490
Fines & Forfeiture 306,800 (293,600) 13,200
Intergovernmental 421,542 25,000 446,542
License & Permits 2,003,500 153,500 2,157,000
Taxes 25,084,747 663,320 25,748,067
Transfers 8,233,268 1,834,609 10,067,877
Use of Money & Property 519,200 98,178 617,378
Grand Total $43,612,857 $2,249,697 $45,862,554
FY 2022-23 General Fund
Overage by Department
4 Type Personnel Operational Capital Transfer Grand Total Asset Forefeiture (500,000) $(500,000)
Building (1,673) 13,980 (26,225) $(13,919)
City Attorney $-
City Clerk (6,295) 6,295 $0
City Council 2,689 $2,689
City Manager (91,563) $(91,563)
Community Development (16,789) (92,211) $(109,000)
Community Services (77,678) (14,628) $(92,306)
Debt Service $-
Finance 62,933 (142,933) $(80,000)
Fire (1,438,463) (130,885) $(1,569,348)
Info Systems 87,061 (102,114) $(15,053)
Non-Departmental (23,500) $(23,500)
Parks 33,826 $33,826
Police (256,740) (39,552) $(296,292)
Streets 26,379 169,580 $195,959
Traffic Safety 303,919 453,983 $757,902
Transfer (442,902) $(442,902)
Grand Total $(1,676,310) $(552,050) $(26,225) $11,081 $(2,243,504) Questions
&
Comments
5

La Verne City CouncilMarch 20, 2023

La Verne City Council
March 20, 2023