MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
LA VERNE
Monday, April 03, 2023
A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:31 p.m.
2. 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 Čity Manager JR Ranells
City Attorney Kimberly Hall Barlow
Assistant City Clerk Lupe Gaeta Estrella
Acting Chief of Police Sam Gonzalez
Fire Chief Chris Nigg
Community Services Director Yvonne
Finance Director Christy Lopez
Community Development Director Eric Scherer
Pledge of Allegiance was led by Veteran John Chovan, Marine Sergeant.
Presentations
Arab-American Heritage Mayor Hepburn, on behalf, of the City Council presented a proclamation to Proclamation Omar Annabi proclaiming the month of April 2023, as Arab-American Heritage Month.
Arts, Culture, and Creativity Mayor Hepburn, on behalf, of the City Council presented a Proclamation to Proclamation Donna Marie Minano, Executive Director of the Inland Valley Repertory Theatre proclaiming the month of April 2023, as Arts, Culture, and Creativity Month.
South Coast Air Quality Michael Cacciotti, Governing Board Vice Chair of the South Coast Air Quality Management District Management District reported on air quality and various rebate programs Presentation offered by the South Coast Air Quality Management District along with a power
6. Announcements Every Best La Verme Historical Society President reported on their upcoming City Council Minutes, Monday, April 03, 2023, Page 2.
Don Kendrick, La Verne resident, and former La Verne Mayor, announced the creation of a new group named "La Verne Best" to promote and share the "Uncommon Good" events. Join by logging onto their Facebook Group "La Verne Best."
Thomas Allison, Cultural Awareness and Social Inclusion (CASI) Committee Member announced that the next CASI meeting will be held on Wednesday, April 5, 2023, at Hillcrest at 5:00 p.m.
Council Member Lau announced that Wednesday, April 5, 2023, there is :
lood drive at Veterans Hall, and on Saturday, April 8, 2023, there is a Job Fai at the Fairplex.
Mayor Hepburn announced upcoming Sidewalk Coloring Contest and on Saturday, April 8, 2023, the Car Show in Downtown La Verne.
Dily Manager Domer introduced Meg Mc Wade the Gily s new Public Works
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 Brethre Parking Lot License Agreement and the 2022 Housing Element Annual Progress Report (APR) were pulled from the Consent Calendar for further City Council Minutes City Council Minutes of the regular meeting of March 20, 2023, and the adjourned meeting of March 27, 2023, were received and filed.
Register of Audited Demands Register of Audited Demands in the amount of $1,730,454.30 dated March 16, 2023, and in the amount of $341,486.65 dated March 23, 2023. Approved.
Conflict of Interest/Johnson Council Member Steve Johnson declared a conflict of interest on the Brethren Parking Lot License Agreement item because he is member of the Church. He left the Council chamber for the item.
Pulled from the Consent
Calendar/Brethren Parking Lot Danita Beauchamp, La Verne resident stated she was concerned with Council License Agreement Members having a conflict of Interest on this matter because some might be associated with the Church.
City Attorney Barlow replied that the Council does not have a conflict on this matter and that on his own, Council Member Johnson has decided to recuse himself.
Richard Bowen, La Verne resident, questioned the number of spaces and the cost.
Kathy Kalousek, La Verne resident, stated that the parking lot is much needed and appreciated in Downtown La Verne. It was a great idea.
Brethren Parking Lot License Agreement - The Church of the Brethren and trees, repave/maintain the lot, and make other minor improvements.
City Council Minutes, Monday, April 03, 2023, Page 3.
It was moved by Crosby, seconded by Lau, and carried by a vote of 4-0 (Johnson recused) to authorize the City Manager to execute a license agreement with Church of the Brethren for use of a parking lot located at 242 E. Street. for a fifteen (15) year term in exchange for listed improvements Pulled from the Consent Danita Beauchamp, La Verne resident, stated she was concerned with the lack Calendar/2022 Housing of information and believed there was incorrect data in the report.
Element Annual Progress
Report (APR) Cynthia Gabaldon, La Verne resident, stated there was no detailed information and that some of the tables submitted with the report were unreadable. She felt that the Council should have held a workshop.
Richard Bowen, La Verne resident, referred to page 52 of the Housing Element report pertaining to Accessory Dwelling Units (ADUs) and the requirement to promote ADUs in North La Verne.
Joseph Gabaldon, La Verne resident, asked if the Fairplex Specific Plan was included in the report.
Lilly Brainard, La Verne resident, stated she was concerned about what will be built around her home and she was concerned about the Fairplex Specific Plan.
Mayor Hepburn replied that the City Council was only receiving and filing the 2022 Housing Element Annual Progress Report.
City Manager Domer reiterated that the Annual Progress Report only reports on housing units produced or in the process over the last year and has been an annual requirement of the State for many years. The Housing Element was approved and certified by the State in November 2022 and is a completec document and separate from the Annual Progress Report
It was moved by Crosby, seconded by Johnson, and unanimously carried to receive and file the Annual Progress Report for 2022.
2022 Housing Element Annual Progress Report (APR) - The City is required to prepare an Annual Progress Report on the status and progress in implementing the Housing Element of the General Plan. This report is required to be presented to the City Council as an informational item to update the City Council on the previous year's Housing Element status.
Purchase of Shade Structures
La Verne Aquatic Center
Per capita Grant Program, Aquatic Center in the amount of $143,400 with funding from the Proposition 68 It was recommended that the City Council award the contract to Miracle Recreation Equipment Co. in the amount of $143,400 for the purchase and spropiate 745,400 froste stucture at hant rune frate perior, and and installation of the shade structures. Approved
City Council Minutes, Monday, April 03, 2023, Page 4.
8. Assembly Bill 481 Annual Lieutenant Leeper reported on the annual review required by Assembly Bill Review 481. He stated that Assembly Bill 481 (AB 481) went into effect on January 1, 2022, requiring law enforcement agencies to obtain approval from their governing bodies to enact a Military Equipment Use Policy before purchasing, using, raising funds for, or acquiring military equipment. AB 481 requires th Policy be approved or renewed by City Council by Ordinance which is to be accompanied with an annual review of the Department's military equipment.
There were no Council comments.
Mayor Hepburn opened the public hearing and called for public comment on the annual review required by Assembly Bill 481.
There was none.
It was moved by Crosby, seconded by Johnson, and unanimously carried to introduce by title only, waive further reading and place on first reading Ordinance No. 1115, amending Chapter 10 ("Military Equipment Policy") of Title 9 Section 10.04.010 of the La Verne Municipal Code governing the use of nilitary equipment by the Police Department and approving the updates Military Equipment Inventory list
Ordinance No. 1115, Ordinance No. 1115 - AN ORDINANCE OF THE CITY COUNCIL OF THE Amending La Verne Municipal CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA Code Pertaining to the Military AMENDING CHAPTER 10 ("MILITARY EQUIPMENT POLICY") OF TITLE 9, Equipment Policy and Military SECTION 10.04.010 OF THE LA VERNE MUNICIPAL CODE GOVERNING Equipment THE USE OF MILITARY EQUIPMENT BY THE DEPARTMENT AND APPROVING THE UPDATED MILITARY EQUIPMENT POLICY 709. Placed on first reading.
Conflict of Interest/Johnson Council Member Steve Johnson declared a conflict of interest regarding the Resolution Amending Fees for CCW Permits as he has applied for a permit.
He left the Council Chamber for the item.
9. Resolution Amending Fees for Acting Police Chief Gonzales reported on the proposed Resolution amending Concealed Carry Weapons fees for Concealed Carry Weapons (CCW) Permits. He stated On February (CCW) Permits 21, 2023, the City approved Resolution No. 23-10 amending the City's Fee Schedule to include fees for residents seeking a Concealed Carry Weapon permit (CCW). Based on public comments, a further review of protocols, and the City's cost recovery allocations, City Council approval of a new resolutior setting amended fees was requested.
There were Council comments.
After Council comments, Mayor Hepburn called for public comment on this matter.
Below are only partial public comments, please visit the City's website to view the archived Council meeting.
Keith Reeves, La Verne resident, thanked the City Council that the City of La Verne Police Department is now processing Concealed Carried Weapons (CCW Permits.
Danita Beauchamp, La Verne resident, spoke about the Second Amendment rights and the excessive fees for the permit.
City Council Minutes, Monday, April 03, 2023, Page 5.
Wendy Ramallah, Claremont resident, asked the Council not to change the CCW process and that psychological testing should be mandatory.
Nancy Sassaman, La Verne resident, asked that the City Council not change the CCW requirements. She stated that human lives are more important.
Sherry Best, La Verne resident, stated that the reduction of fees was fair and she asked that the Council not to eliminate the mandatory requirement for psychological testing for all applicants.
Lilly Brainard, La Verne resident, stated that the fees were still not reasonable.
Marco Lundgren from the Office of Senator Anthony J. Portantino stated that Senator Portantino, Attorney General Bonta and Governor Newsom are in the final stage of passing a uniform California CCW permitting process in line with the recent Supreme Court decision and it was prudent for the City of Laverne to wait until that law passes before creating a local effort that may not be consistent with State law.
Barbara Smythe, La Verne resident, stated it should not be left for the Police Chief to decide on who should receive a psychological test Estella Maldonado, La Verne resident, reported on statistics on gun violence and she stated that psychological testing should be mandatory.
Attorney, representing the California and Pistol Association expressed concerns about MYCCW charge of $398 and that most counties do not require Cynthia Gabaldon, La Verne resident, stated that other States with strict gun restrictions have higher gun violence.
Jim Carlson, La Verne resident, praised the La Verne Police Department and the low crime in La Verne. He stated that the CCW carriers are very careful Mark Ramos, La Verne resident, stated that mandatory psychologic testing should be mandatory.
Pam Berry, La Verne resident, felt that the CCW permits fees were still toc high and it would make it financially difficult for some individuals to obtain permit.
Kathy Kalousek, La Verne resident, on behalf of La Verne resident Jeff Bassler read his public comment that fees are too high. He wrote that some fees are redundant and can be waived.
Kathy Kalousek, La Verne resident, thanked the La Verne Police Department and staff for the amendment to the CCW permit fees. She stated she was concerned with the City's liability.
Erin Duffy, La Verne resident, felt that mandatory psychological testing be required and perhaps the City can do a sliding fee scale for lower income residents.
that psychological leging e requen, endure in resood bot aides and community.
City Council Minutes, Monday, April 03, 2023, Page 6.
Lawrence Blanchard, La Verne resident, stated that CCW carriers are responsible and safe.
procesed the Ca preted was state an he was a ries be a ring requirea. La Verne resident, felt that mandatory paychological testing be Thomas Allison, La Verne resident, stated that the City should use an objective process for CCW permits.
Steven Wiard, La Verne resident, felt that the CCW fees were justifiable. instead of using i or repare program or elo me a co
erry Prentice, La Verne resident, stated he disagreed with the mandator sychological testin
Brittany Allison, La Verne resident, expressed gratitude for requiring psychological testing
Morgan Castle, La Verne resident, felt that the City should use an objective not subjective information when processing CCW permits.
There were five (5) public comments received by email and are attached.
After City Council discussion on the City's liability and the requirement for psychological testing it was moved by Kashifalghita, seconded by Lau, and carried 4-0 (Johnson recused) to approve Resolution No. 23-14, with the new CCW fees.
AMENDING RESOLUTION NO. 23-10 RELATIVE TO CERTAIN FEES AND
POLICIES FOR SERVICES PROVIDED BY THE CITY OF LA VERNE, RELATED TO SETTING CONCEALED CARRY PERMIT FEES.
Council direction on It was moved by Mayor Hepburn, seconded by Kashifalghita, and carried by a psychological testing vote of 3-1 (Johnson recused and Crosby voted no) to make the requirement for psychological testing mandatory for all CCW applicants.
10. At 10:16 p.m., the City Council recessed and reconvened at 10:24 p.m.
11. Public Comment This was the time set aside for anyone wishing to address the City Council or tems not listed in any other place on the agenda. (Below are only partial mete comments, please visit the City's website to view the archived Council City Council Minutes, Monday, April 03, 2023, Page 7.
Wayne Perry, La Verne resident, stated that the Council were repetitive at the last Council meeting after asking residents not to be repetitive during public comment. He questioned why the CCW issue was not mentioned in the City Joe Gabaldon, La Verne resident, asked why the City did not anticipate there would be issue with CCW permit fees.
Danita Beauchamp, La Verne resident, thanked the Public Works Department for trimming City a tree near her property. She asked why the flag was not half- mast in memory of the Nashville victims.
Cynthia Gabaldon, La Verne resident, was concerned with SCAQMD recommendations to convert to the use of electricity equipment, vehicles, etc.
She stated that gas run equipment is also needed.
Anna Anderson, La Verne resident, stated she was concerned with the cost o awsuits. She asked why there was so many proclamations
homas Allison, La Verne resident, stated he appreciated the City's decoru nd leadership at tonight's Council meetin
12. Council Comments Below are only partial Council comments, please visit the City's website i view the archived Council meeting
Mayor Pro Tem Crosby requested a Proclamation for National Library Month be placed on the next Agenda to recognize the La Verne Library. He reported Month Damien High School Debate Team, and that April is Altism Awareness Council Member Lau urged residents to look out for family and friends who night be going through a difficult time
Council Member Johnson stated that the Easter Egg Hunt Event at Heritage Park was a great success.
Council Member Kashifalghita reported on the Bonita High School Car Show, and that he would like to recognize all the schools' achievements. He aske that individuals contact him if they know of any school achievements.
Mayor Hepburn reported that the Egg-cellent Adventure at Heritage Park was a great success. He reported that the La Verne Rotary Club donated towards the event. He thanked the Community Services Department, La Verne Police, and Public Works staff for their participation and setting up the event. He reported on the car show and the sidewalk coloring contest to be held on Saturday, April 8, 2023, in downtown La Verne. He wished everyone a Happy At 11:00 p.m., the City Council recessed to a closed session for the following:
City Council Minutes, Monday, April 03, 2023, Page 8.
5495,6 for the rollovin closed Session pursuant to Govenment Code Section Conference with Labor Negotiators
Negotiators: City Manager, Assistant City Manager, and
Assistant 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 City Council met in a Closed Session with legal counsel to determine whether to participate in the National Opioid settlements with manufacturers and distributors pursuant to Government Code Section 54956.9.
After closed session, City Attorney Barlow announced that the City Council acted to approve the City's participation in the five opioid matters that are tentatively settled, that motion was by Mayor Hepburn, seconded by Council Member Lau, and was approved 5-0.
Adjournment at 11:30 p.m., in memory Army Specialist D4 Veteran Michael Montalvo who died in early March of 2023. Michael was drafted into the Army in 1966 and served two-years fighting in the Vietnam War. He, along with long-time friend David Alvarado, started the Band of Brothers, Post 12034 in 2008. After his military service he was a truck driver for many years. Later, he became a barber and worked in Claremont. People who knew him described him as modest, humble and a friend to the Veterans. He is survived by his wife, Annette Montalvo, two daughters, two sons, seven grandchildren and one great grandchild.
Respectfully submitted,
Impe Sauta Stella
Lupe Gaeta Estrella, CMC
Assistant City Clerk
Lupe Estrella
From: Moffit, Erin <[email protected]>
Sent: Monday, April 3, 2023 6:10 PM
To: cityclerk
Subject: CCW Applicant Concern
To Who It May Concern,
There is a meeting is tonight at 6:30 and although I can't be there, I wanted to voice my concern.
I'm a teacher for Bonita Unified and support requiring psychological evaluations for all CCW applicants.
This will hopefully prevent a teacher like me having to experience a horrific event like the one that just took place in Nashville and the hundreds others in 2023 alone.
74 people have been killed or injured by guns at American schools this year and requiring these types of evaluations will ensure the mental stability of those who decide to own a firearm.
We have to do something to control the inappropriate and horrific incidences of violence in our country and it starts with us.
Thank you for your time.
Respectfully,
Erin Moffitt, M. Ed.
PTA VP of Programs
Sth Grade Teacher
Roynon Elementary School
2715 E Street
La Verne, California 91750
1 Lupe Estrella
From: Keith Reeves < [email protected]>
Sent: Monday, April 3, 2023 11:06 AM
To: Lupe Estrella
Subject: Revised comments for the meeting
Hi Lupe,
I have revised my comments in light of some recent information.
Mayor, members of the council, citizens of La Verne. Today I return to you to speak about the high concealed carry fees.
We have gone from having the highest fees in the nation to simply being exorbitant. I want to thank you for starting the process, but we are not there yet. As of this morning, Florida has permitless carry. Within a few more weeks South Carolina and Nebraska will follow. That will bring to 28 the number of states which do not require a permit for their citizens to carry a firearm. All other states are shall issue. If objective criteria are met, a permit must be issued. Yet La Verne is mired in the old discriminatory "may issue" past. This "may issue" past which gives the chief of police arbitrary discretion in issuing concealed carry permits has been thrown out by the Supreme Court.oa The decision to keep myCCW is unfortunate. MyCCW was designed to help navigate the burdensome "may issue" process under the old arbitrary regime. The majority of things that my CCW assisted with are now completely unnecessary under Bruin, or they are redundant to the city's in house process. It is both unfortunate and negligent that the city did not either negotiate lower fees with myCCW, or eliminate the use of the program all together.
The last time I was here I appealed to your sense of justice. I suggested that the fees were discriminatory, and made it impossible for widows, single moms, minorities, and other economically disadvantaged people to obtain a permit. Now I am appealing to your sense of stewardship. As stewards of the city's treasury, you have a responsibility to spend our tax dollars wisely. Lawsuits take time and money.
La Verne will reduce its fees. The only question is how much time and money do you want to spend in the process? I have waited eight years to get a CCW from the City of La Verne. I really hate to wait longer, but sometimes you are required to draw a line in the sand. That time is now. Thank you.
Lupe Estrella
From: Matthew Lyons <[email protected]>
Sent: Sunday, April 2, 2023 9:53 PM
To: cityclerk
Co: Tim Hepburn; Wendy Lau; Rick Crosby; Meshal Kash Kashifalghita; Steve Johnson Subject: Public Comment - Other Matters, 7. Resolution Amending Fees for Concealed Carry Weapons (CCW) Permits
FOR THE PUBLIC RECORD:
OTHER MATTERS
7. Resolution Amending Fees for Concealed Carry Weapons (CCW) Permits - On February 21, 2023, the City approved Resolution No. 23-10 amending the City's Fee Schedule to include fees for residents seeking a Concealed Carry Weapon permit (CCW). Based on public comments, a further review of protocols, and City cost recovery allocations, City Council approval of a new resolution setting fees is requested.
STAFF RECOMMENDATION: That the City Council adopt the Resolution No. 23-14, titled: Resolution No. 23-14 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING RESOLUTION NO. 23-10 RELATIVE TO CERTAIN FEES AND POLICIES FOR SERVICES PROVIDED BY THE
CITY OF LA VERNE, RELATED TO SETTING CONCEALED CARRY PERMIT FEES Personally, I agree 100% with the unanimous vote of the council on February 21, 2023. This vote supports the thoughtful and thorough staff report and recommendations of our La Verne Police Department. I support psychological assessments for ALL CCW applicants.
Now the following can be filed under, "In my own, personal opinion":
Again, I agree 100% with the council's unanimous vote on February 21, 2023. 1 appreciate staff's reassessment and reduction of several fees in the amended resolution. Well done.
I disagree with making the psychological screening random and discretionary. As our LVPD absorbs the permitting responsibility back from LA County Sheriffs, I would like to make sure our Police Chief has all of the necessary tools to get the CCW permitting right. And I think getting it 100% right is a reasonable expectation when it comes to permitting CCWs in the City of La Verne. I think it is reasonable to require a psychological assessment of all applicants. Sunset the original "will" after the first year and give our LVPD and our Police Chief the tools and the time to get it right. After a year, have LVPD staff revist and reassess the data and determine if a modification to the CCW resolution is warranted.
Lastly, while I would prefer general fund money being spent on other things, I would even go so far as to absorb the entire cost of the psychological screening, especially if there is a legal challenge on the grounds of the fees.
Getting CCW permitting wrong even once, can have serious consequences for our community and those who have sworn to protect and serve the great city of La Verne.
I support psychological assessments for ALL CCW applicants. Thank you for your time and consideration.
Respectfully submitted,
-Matthew Lyons, La Verne Resident
Lupe Estrella
From: michelle pasos < [email protected]>
Sent: Monday, April 3, 2023 3:59 PM
To: cityclerk
Subject: Save our children
Hello,
First of all thank you for all you do for our city. I know there's a lot happening behind scenes. For that, I'm grateful.
With that being said, as a mama of 3 littles in La Verne, I feel deeply saddened and frankly outraged that folks would choose their guns over the lives of our precious children.
We were discussing tonight's vote as a family and my 7 year old said "why would they do that? I wish nobody could have guns except for police officers". "Me too buddy, me too." I am sure my son and I will not see that happen in this lifetime but there is a way to protect our children at the very least by keeping the psychological evaluation/screening mandatory for all CCW applicants.
Please please please vote in opposition of tonight's resolution. I know if more parents in La Verne knew about this, you would be getting more calls and emails.
With gratitude,
Michelle Pasos
626.215.8015
1 Lupe Estrella
From: Joanna Mexicano Furmanska <[email protected]> Sent: Monday, April 3, 2023 1:37 PM
To: cityclerk
Subject: CCW Permit Resolution
Dear City Council Members:
I understand that unfortunately this comment is too late to be considered as part of the permanent record as regards this resolution. However, I hope that its contents will still be reviewed and considered by council members as they prepare for the meeting tonight. As a mother of two young children; one is a 4-year-old at a daycare in La Verne, and the other a 6 year-old at an elementary school in this district, I am deeply concerned with the amended recommendation to change the resolution to make psychological evaluations discretionary rather than mandatory in order to issue CCW permits. Again and again this year, we've seen scores of young people, including small children, and their adult caretakers be slaughtered in their schools by guns. The least we can do in order to protect our innocent children from the very real risk (gun violence is the number one killer of children in 2023) is to ensure that these weapons do not fall into the hands of mentally ill individuals whose erratic behavior may set them on the course to kill. We already are begging for our schools and daycares to install better security cameras and gates, but even with those, we see that death comes easily (just see this video, which shows the mentally ill shooter easily breaking their way into the school in Tennessee despite multiple locked doors, an alarm system, and security cameras.
I am disappointed to learn that this change came about so easily from a mere threat of litigation from opponents to this requirement. The recommendations to mandate the psychological evaluation comes not from concerned parents (though we support it!) or the political left - they come directly from staff who have researched it, and the LVPD, who would be on duty to try to save any children or adults being shot at as first responders. Help those first responders protect our community as best they can, and as they recommend - please mandate psychological evaluations before issuing CCW permits so that those with psychological crises do not easily get guns into their hands in order to do our community harm.
Thank you.
Joanna