Agenda packet, first session — La Verne City Council, May 15, 2023

May 15, 2023 Regular City Council Meeting
Agenda And Agenda Packet
CITY COUNCIL AGENDA PACKET 2023-05-15 FINAL - REVISED.PDF CITY COUNCIL AGENDA 2023-05-15 (REGULAR).PDF

1. Documents:
1 City Council Agenda Packet, Monday, May 15, 2023

Agenda 2
Agenda Items

1. City Council Minutes 11

2. Register of Audited Demands 19

3. Public Works Week Proclamation 27

4. Military Appreciation Month 29

5. Inclusion Grant Appropriations 31

6. Special Event Permit Street Closure 59

7. Senate Bill 1 Project List FY 23-24 61

8. Reso No. 23-19 OTLVBID Annual Report Public
Hearing 69

9. Reso No. 23-20 Landscape & Lighting District
No. 6 & Zones 2, 3, 4-I, 4-II, 5, & 6 Engineer’s
Report 73

10. Reso No. 23-21 Landscape and Lighting District
No. 7 Engineer’s Report 103

11. Reso No. 23-22 Landscape and Lighting District
No. 8 Engineer's Report 119

12. Reso No. 23-23 Maintenance District No. 84-1M
Engineer’s Report 135

13. Reso No. 23-24 Community Development Block
Grant Allocations 143

14. Ordinance No. 1116 First Reading Modifying
Accessory Dwelling Units Provisions 147

15. Ordinance No. 1117 First Reading Modifying Title
16 & Title 18 Regarding Senate Bill 9 165

16. Reso No. 23-26 Professional Services
Agreement for Financial Auditing Services 199

17. Reso No. 23-25 Draft Chamber of Commerce
Partnership Agreement 219

CITY OF LA VERNE

CITY COUNCIL AGENDA
________________________________________________________________________

Monday, May 15, 2023, at 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 to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 72 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.

I
ndividuals 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.

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.
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street, La Verne, CA
Tim Hepburn, Mayor
Rick Crosby, Mayor Pro Tem
Wendy Lau, Council Member
Steven Frank Johnson, Council Member
Meshal “Kash” Kashifalghita, Council Member

CALL TO ORDER
PLEDGE OF ALLEGIANCE by Veteran Thomas Brady, Army Corporal ROLL CALL: Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Wendy Lau, Mayor Pro Tem Rick Crosby, and Mayor Tim Hepburn.

PRESENTATIONS
Damien High School Ice Hockey - 2023 - The Damien High School Ice Hockey team had a remarkable season this year, after a disappointing performance in the previous season. T he team rallied and finished in an impressive 4th place in the league. In a historic achievement for the school, the team managed to clinch the first ever high school hockey 2A state championship. The team went a perfect 4- 0 winning the state finals by a score of 7 -3. The strong Junior class and 4 seniors led the team to victory for Damien’s first ever varsity state championship. Buoyed by their state championship victory, the team was then set to compete in the national tournament. Despite the loss, the team and coaching staff was proud of how far the boys have come, h aving made it further than any other varsity team in school history. The team was coached by Curtis Fisher and assisted by Mike Weekley and Spencer McLay.

JT Lam Alex Young Adam Scott Nolan Burchett
Seth Morris Lucas Flinn Mark Modell Ethan Winters
Sean Harris Steven Anderson Blake Gadsby Cameron Figueroa Adam Desmarais Isaac Faulkner Ethan Lagasca Travis Dumont Andrew Garcia Carter Ochoa Sammie Ochoa Kingston Du Liam McGuern Jayden Marin-Conde
Recognition of Damien High School Debate Team - Damien High School freshmen brothers Brandon and Maddox Park won the 35th First Year Debate National Championship in policy debate on March 19 th at Woodward Academy in Atlanta, Georgia. The brothers won four of six preliminary round debates and did not drop a single ballot across four elimination matches, going a perfect 12 for 12 en route to the championship. It is the first national title for Damien since 2009. The team was coached by Chris Parades, St. Lucy’s Director of Debate, Damien’s A ssociate Director of D ebate, and a 2004 Spartan alumnus, in addition to Brandon and Maddox’s older brother Luke, a junior at the school.

Water Awareness Month and Honoring Former Three Valleys Municipal Water District Board Member Brian Bowcock - Water Awareness Month encourages a statewide understanding and appreciation for the value of water conservation and wise decisions on water issues. Former Three Valleys Municipal Water District (TVMWD) Board Member Brian Bowcock is being honored for his many years of service representing the Cities of La Verne and Claremont on the TVM WD Board as well as a leader for several regional water organizations.

Motorcycle Awareness Month - Reminding vehicle drivers and motorists that safe driving and riding practices and cooperation from all road users will help reduce the number of fatalities and injuries on our nation’s highways.

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 routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)

1. CI
TY COUNCIL MINUTES of the adjourned meeting of April 24, 2023, Regular meeting of May 1, 2023, and Special meeting of May 3, 2023.

Recommendation: That the City approve the City Council Minutes.

2. R
egister of Audited Demands in the amount of $1,647,504.66 dated April 27, 2023, and in the amou
nt of $651,036.41 dated May 4, 2023.

Recommendation: That the City Council approve the demands.

3. PUBLIC WORKS WEEK 2023 PROCLAMATION - National Public Works Week is May 21 through May 27, 2023, and it is requested for the City Council to proclaim the week in support of the hard work an d dedication for all members of the City of La Verne Public Works Department.

Recommendation: That the City Council proclaim May 21, 2023, through May 27, 2023, as Public Works Week. The Proclamation will be presented to Public Works Staff at a future date during Public Works Week.

4. MILITARY APPRECIATION MONTH - May of each year is officially recognized as Military Appreciation Month in which those in and out of the military are recognized.

Recommendation: That the City Council proclaim May 2023 as Military Appreciation Month.

5. INCLUSION GRANT APPROPRIATIONS - This item seeks City Council authorization a nd appropriations of $31,250 with funding from the Grants for Enhanced Community Integration for Children and Adolescents.

Recommendation: T hat the City Council appropriate $31,250 from the Miscellaneous Grants Fund for special needs events/programs, staff training, behavior consultation, and instructional materials.

6. CONSIDERATION OF STREET CLOSURE FOR SPECIAL EVENT PERMIT NO. 26 -23SEP – 2023 MEMORIAL DAY CEREMONY EVENT - The City Council is requested to approve a street closure for the 2023 Memorial Day Ceremony Event, a City sponsored event , p ortions of Magnolia Avenue, between Bonita Avenue and 3 rd Street, are proposed to be closed for the event occurring on May 29, 2023.

Recommendation: That the City Council authorize the Public Works Director to take the necessary steps to permit the temporary street closure for a portion of Third Street, between B Street and C Street for the Memorial Day Ceremony on May 29, 2023.

7. SEN
ATE BILL 1 PROJECT LIST FOR FISCAL YEAR 2023 -24 - Each City must submit a Resolution to the California Transportation Commission with a proposed list of projects for Senate Bill 1, the Road Repair and Accountability Act of 2017. This item lists the proposed projects for Fiscal Year 2023-24 to receive the designated funds.

Recommendation: That the City Council approve Resolution No. 23-18, titled: “A RESOLUTION

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

ANGELES, STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT,” approving the proposed SB1 project list for fiscal year 2023-24.

8. RESOLUTION NO. 23 -19, SET THE PUBLIC HEARING TO CONSIDER OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT (OTLVBID) - A public hearing is required to consider the Annual Report of the Old Town La Verne Business Improvement District (OTLVBID) and it is requested to schedule the hearing for June 5, 2023.

Recommendation: That the City Council adopt Resolution No.23- 19, titled: A RESOLUTION OF

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

ANGELES, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO

APPROVE THE ANNUAL REPORT OF THE OLD TOWN LA VERN E
B

USINESS IMPROVEMENT DISTRICT WHICH INCLUDES A BUDGET A ND R

EESTABLISHES THE BOUNDARIES AND ASSESSMENT FORMULA FO R T
HE 2023- 2024 FISCAL YEAR AND SETS A PUBLIC HEARING ON TH E M
ATTER FOR MONDAY, JUNE 5, 2023, AT 6:30 P.M.

9. RESOLUTION NO. 23 -20 - CITYWIDE LANDSCAPING AND LIGHTING DISTRICT NO. 6 AND Z
ONES 2, 3, 4 -I, 4-II, 5, AND 6; ENGINEER’S REPORT - The City Council is requested to review, provide preliminary approval, and set a Public Hearing for the Engineer’s Report for Landscaping and Lighting Maintenance District No. 6, for Zones 2, 3, 4-I, 4-II, 5, and 6 for June 19, 2023 Recommendation: That the City Council adopt Resolution No. 23-20, titled A RESOLUTION

OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING THE “ENGINEER ’S REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR
2023-24 IN THE EXISTING LANDSCAPING & LIGHTING

MAINTENANCE DISTRICT WITHIN SAID CITY, DECLARING ITS

INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF

ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6), FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

10. RESOLUTION NO. 23-21 - LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 7, ENGINEER’S REPORT - The City Council is requested to review, provide preliminary approval, and set a Public Hearing for the Engineer’s Report for Landscape and Lighting Maintenance District No. 7, for June 19, 2023.

Recommendation: That City Council adopt the Resolution No. 23-21, titled: A RESOLUTION

MAINTENANCE DISTRICT WITHIN SAID CITY, DECLARING ITS

INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF

ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #7) FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

11. RESOLUTION NO. 23 -22 - LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 8; ENGINEER’S REPORT - The City Council is requested to review, provide preliminary approval, and set a Public Hearing for the Engineer’s Report for Landscape and Lighting Maintenance District No. 8, for June 19, 2023.

Recommendation: That City Council adopt the Resolution No. 23-22, titled: A RESOLUTION

MAINTENANCE DISTRICT WITHIN SAID CITY, DECLARING ITS

INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF

ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #8) , FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

12. RESOLUTION NO. 23-23 - MAINTENANCE DISTRICT NO. 84 -1M, ESPERANZA ROAD SLOPES; ENGINEER’S REPORT - The City Council is requested to review, provide preliminary approval, an d set a Public Hearing for the Engineer’s Report for Maintenance District No. 84- 1M, for the Esperanza Road slopes for June 19, 2023.

Recommendation: T hat City Council adopt the Resolution No. 23-23, titled: A RESOLUTION

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

ANGELES, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO

PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2023 -24 IN A SPECIAL

MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING THEREON (84-1M). FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

PUBLIC HEARINGS

13. AL

LOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR REMOVAL OF ACCESSIBILITY BARRIERS AT CITY HALL PUBLIC AREAS - City Council approval of the use of Community Development Block Grant (CDBG) funds for removal of accessibility barriers at City Hall, through the replacement of public counters and modifications to restrooms in the estimated amount of $200,000 is requested.

Recommendation: T hat the City Council approve Resolution No. 23-24, allocating $120,000 for ADA compliant public counters and $80,000 for ADA compliant public restrooms in City Hall; and, a ppropriate $200,000 from the CDBG Fund for the removal of accessibility barriers at City Hall in the public areas.

14. FIRST READING OF ORDINANCE, NO. 1116, WHICH UPDATES AND MODIFIES THE CITY’S EXISTING ACCESSORY DWELLING UNITS (ADUs) PROVISIONS AND MAKE CEQ A EXEMPTION DETERMINATION - In December of 2019, the City Council adopted an urgency ordinance, Ordinance No. 1089, to comply with new laws regarding Accessory Dwelling Units (ADUs).

In 2022, the State passed amendments to laws which further modified the existing State ADU regulations and Staff is presenting a Draft Ordinance which will update the existing ADU provisions o f
t
he La Verne Municipal Code Chapter 18.120.

Recommendation: T hat the City Council should, as recommended by staff and the Planning Commission, introduce by title only and waive further reading of Ordinance No. 1116, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA VERNE, CALIFORNIA AMENDING THE ZONING PROVISIONS OF

THE LA VERNE MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNI TS IN

ACCORDANCE WITH STATE LAW AND MAKING A DETERMINATION

THAT ADOPTION OF THE ORDINACE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

15. FIRST READING OF ORDINANCE NO. 1117 MODIFYING TITLE 16 & TITLE 18 OF THE MUNICIPAL CODE REGARDING SENATE BILL 9 DEVELOPMENT AND MAKE CEQA EXEMPTION DETERMINATION - Senate Bill 9 was signed into law by Governor Newsom related to development of residential housing, specifically ministerial review of two residential units within a single- family zone and parcel maps for urban lot splits. State law allows cities to impose objective zoning, subdivision, and design standard. This Ordinance establishes the objective development standards for SB 9 two- unit and urban lot split developments.

Recommendation: That the City Council introduce by title only , waive further reading of Ordinance No. 1117, entitled: AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA MODIFYING TITLE 16 (SUBDIVISIONS) AND TITLE 18 (ZONING) OF THE LA VERNE MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF SENATE BILL 9 RELATING TO THE CREATION OF

URBAN LOT SPLITS AND TWO RESIDENTIAL UNIT DEVELOPMENTS

AND MAKING A DETERMINATION THAT THE ADOPTION OF THE

ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

OTHER MATTERS

16. PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL AUDITING SERVICES , RESOLUTION NO. 23-26 - City Council approval is requested to enter into a five-y ear contract with Badawi & Associates (Badawi) for audit services during the fiscal years of 2022-23 to 2026-27.

Recommendation: That t he City C ouncil a uthorize the City Man ager, or hi s des ignee, t o execute an agreement with Badawi & Associates for Financial Auditing Services of fiscal years 2022 -23 through 2026- 27 in the amount not to exceed $339,280 through the duration of the contract; and, adopt Resolution No. 23-26 titled, A RESOLUTION OF THE CITY COUNCIL OF

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

CALIFORNIA, AUTHORIZING AN AGREEMENT WITH BADAWI &

ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS FOR
PROFESSIONAL AUDITING SERVICES.

17. DRAFT PARTNERSHIP AGREEMENT WITH THE LA VERNE CHAMBER OF COMMERCE - Annually, the City and the La Verne Chamber of Commerce enter into a Partnership Agreement for a 12-month term; July 1, 2023, through June 30, 2024, to include a financial subsidy of $45,000 for various services received benefitting the business community.

Recommendation: The City Council Chamber Liaison Committee and staff recommend the City Council approve Resolution No. 23- 25 approving the La Verne Chamber of Commerce’s Partnership Agreement, which includes programs and funding for a twelve- month term in the amount of $45,000 and an Incentive- Subsidy Program for Business Recruitment with a cost not to exceed $3,000 subject to Agreement provisions, and continuance of the previously approved line of credit not to exceed $10,000, from July 1, 2023 through June 30, 2024.

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 later. 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. 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 per Assembly Bill 1234.

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

Conference with Labor Negotiators
N
egotiators: City Manager, Assistant City Manager, and City Attorney E
mployee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Police Middle Management Association, and all unrepresented employees.

Ad
journment in memory of Teri Muse, City of La Verne’s Waste Management Public Sector Manager.

Since 2013, Teri has been a regular fixture in our community. Teri served on the Board of Directors for the La Verne Chamber of Commerce, participated in many of the 4th of July parades, the Community Yard Sale, Wine and Beer Walks and charity golf tournaments. She also worked tirelessly behind the scenes facilitating donations of Waste Management services, educating businesses and neighborhoods about solid waste solutions, and helped address solid waste issues within our city. She is survived by her husband of more than 30 years, David and children David, Ariana, Taylor , and Sean. Teri and her dedication to the betterment of the San Gabriel Valley will be missed by many, including the La Verne community. ; and Ad
journment to Monday, June 5, 2023, at 4:30 p.m. for a Budget Study Presentation with Department Heads.

THE NEXT REGULAR MEETING of the La Verne City Council is scheduled for June 5, 2023, at 6:30 p.m.

VISORY STAFF
Ken Domer, City Man ager
JR Ranells, Assistant City Mana ger
Kimberly Hall Barlow, City A ttorney
Lupe Gaeta Estrella, Assistant City C lerk
Meg McW ade, Public Works Director
Eric Scherer, Community Development D irector
Christy Lopez, Finance D irector
Sam Gonzalez, Acting Police Chief
Christopher N igg, Fire Chief
Yvonne D uran, Community Services Director
Cody Howing, City E ngineer
Posting Statement: A true and correct copy of this Agenda was posted on May 10, 2023, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.

MINUTES OF AN ADJOUREND MEETING

OF THE CITY COUNCIL OF THE CITY OF

LA VERNE
Monday, April 24, 2023
________________________________________________

1. An adjourned meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:02 p.m.

2. Pledge of Allegiance led by Council Member Steven F. Johnson.

3. Council Members present: Mayor Tim Hepburn
Council Member Steven Frank Johnson
Council Member Meshal “Kash” Kashifalghita

Absent: Mayor Pro Tem Rick Crosby
Council Member Wendy Lau
Advisory personnel present: City Manager Ken Domer
Assistant City Manager JR Ranells
Public Works Director Meg McWade

4. 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. There was none.

5. Active Transportation Committee Applicant Interviews - On July 18, 2022, the Assistant City Clerk gave notice of two (2) vacancies on the Active Transportation Committee. A total of ten (10) applications were received. City Council interviewed the following applicants who were still interested.

1. D’Amico,
Andrew

2. Davis, Muir G.

3. McPherson, Curtis

4. Palmer, Jarrod

5. Stieber, Sabine Chantal
Applica
nts to fill the (2) vacancies will be selected at the May 1st Council meeting.

6. Adjournment at 6:41 p.m. No announcement was made.

Respectfully submitted,
Debra Fritz
Deputy City Clerk
La Verne Council Meeting Agenda Packet May 15, 2023
11 MINUTES OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF

LA VERNE
Monday, May 1, 2023
________________________________________________

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

Before the start of the meeting, Mayor Hepburn welcomed the audience to the Council Meeting in which City business is conducted. He reminded everyone that per the City’s Rules for Decorum, all speakers, members of the audience, and Council Members are to conduct themselves with decorum and to not engage in conduct that interrupts the orderly conduct of the meeting.

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
Assistant City Attorney Scott Porter
Acting Police Chief Sam Gonzalez
Fire Chief Chris Nigg
Finance Director Christy Lopez
Public Works Director Meg McWade
Community Development Director Eric Scherer
Community Services Director Yvonne Duran

Pledge of Allegiance led by Veteran Antonio Rios, Marine Corporal

PRESENTATIONS
Older American Month

Mayor Hepburn, on behalf of the City Council, presented a Proclamation Declaring the Month of May 2023, as Older Americans Month celebrating older Americans and the key role, they play in sharing the wisdom and experience that inform today’s decisions and actions, and fostering the connection and engagement that build strong, resilient communities. La Verne recognizes its responsibility to ensure that every American can age with dignity

The Proclamation was presented to the Senior Advisory Committee.

Outstanding Older American
Nomination
Mayor Hepburn reported that the Senior Advisory Committee nominated one senior citizen for the Outstanding Older American Award. This recognition is part of the Los Angeles County Commission for Older Adults 58th Annual Older Americans Recognition Day Awards Program, which honors a senior citizen from each city in Los Angeles County.

La Verne Council Meeting Agenda Packet May 15, 2023
12 This year, the Senior Advisory Committee nominated Pat Baur as the City’s Outstanding Older American. Pat has been a La Verne resident for 16 years.

He served over 4 years in the Navy. He attended Cal Poly Pomona and graduated with a bachelor’s degree in business. He worked at Coca Cola working on IBM 360 series computers. After retirement, he joined the La Verne Heritage Foundation and contributed countless hours towards the maintenance and upkeep of the eastern side of Heritage Park, while also serving as Vice President on the La Verne Heritage Foundation’s Board. Pat is known as the “Leader of the Pack” amongst the Barn Boys, who along with this group, faithfully comes to work the grounds every Wednesday. Pat is instrumental in various special events that utilize Heritage Park.

Mayor Hepburn, on behalf of the City Council, congratulated Pat Baur for being nominated as the City of La Verne Outstanding Older American and presented him with a Pride of La Verne Certificate.

Asian American and Pacific
Islander-Heritage Month
Mayor Hepburn, on behalf of the City Council, presented to Ken and Fang Valmonte, owners of Café Wang a Proclamation declaring the Month of May as Asian American and Pacific Islander Heritage Month Celebrating and paying tribute to the contributions of Asian Americans and Pacific Islanders to American history, society, and culture.

At 6:52 p.m., the City Council recessed and reconvened at 6:57 p.m.

Mayor Hepburn stated that many residents attended tonight’s meeting to speak pertaining to proposed development at 740 East Foothill Boulevard, San Dimas and that they will have the opportunity during public comment. As part of the Mayor’s statement, he stated that the City was opposed to the development and that a letter of opposition would be considered at the May 15th City Council meeting to send to the Board of Supervisors.

ANNOUNCEMENTS OF

UPCOMING COMMUNITY
EVENTS

Natalie Chaidez, Fairplex representative, announced that on Friday, May 12, 2023, is La Verne Day at Fair and admission for La Verne residents is only $1.00.

Robin Carder, Fourth of July of Committee Representative, announced that they met with the La Verne Little League and that La Verne Little League will be participating in the Fourth of July Parade.

George May, La Verne Library Manager, reported on the library’s upcoming library community events and programs.

Sherry Best, La Verne Historical Society President, reported on the Society’s past and upcoming events.

Yvonne Gallegos, member of the Cultural Awareness and Inclusion (CASI) Committee announced that their next meeting is on Wednesday, May 3, 2023 , at 5:00 p.m. at Hillcrest.

Danita Beauchamp, La Verne resident, announced that the Bonita Unified School District will be meeting on Wednesday, May 3, 2023, and requested residents to attend regarding books available in schools.

Kathy Kalousek, La Verne resident, announced that Sowing Seeds for Life next Drive-Thru Panty is on Wednesday, May 3, 2023, at the Charisma Life Church located at 305 E. Arrow Highway, Pomona.

La Verne Council Meeting Agenda Packet May 15, 2023
13 Mayor Pro Tem Crosby announced that two events are being held in support in La Verne K-9 Police Foundation, the La Verne Police Officers’ Association (POA) Golf Tournament and a 2023 Dog-Fest in May.

CONSENT CALENDAR It was moved by Johnson, seconded by Lau, and unanimously carried to accept, approve, or act on the Consent Calendar items except for Item No. 3, Ticket Distribution Policy, which was pulled.

1. City Council Minutes City Council Minutes of April 17, 2023, approved as recommended.

2. Register of Audited
Demands
Register of Audited Demands in the amount of $1,678,536.34 dated April 13, 2023, and in the amount of $321,360.80 dated April 20, 2023, approved as recommended.

3. Pulled from the
Consent Calendar/
Resolution No. 23-15,
Ticket Distribution Policy
Richard Bowen, La Verne resident, stated he was pleased that the City was approving the policy. He stated he would like to see the policy include a provision of no gift giving by contractors and that it is a conflict of interest.

Resolution No. 23-15 Ticket Distribution Policy - The City Council is requested to approve a Ticket Distribution Policy to be included with the City of La Verne’s Administrative Regulations. The Policy outlines the City’s methods for ticket distribution and reporting that falls in line with regulatory requirements from the Fair Political Practices Commission (FPPC).

It was moved by Johnson, seconded by Lau, and unanimously carried to approve Resolution No. 23-15, adopting a Ticket Distribution Policy.

Resolution 23-15, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A TICKET DISTRIBUTION POLICY, approved as
recommended.

4. Declaration of Surplus
Property
Declaration of Surplus Property - Vehicles and Equipment - This action will declare five vehicles and three pieces of equipment surplus due to age, condition, or no longer meeting operational requirements. Once declared surplus, the equipment will be disposed of per Administrative Regulation No. 606, approved as recommended.

5. 2023-24 Paramedic Service
Fee
Finance Director Lopez reported on the 2023-24 Paramedic Service Fee Adjustment. She stated that the City's voter approved Paramedic Service Fee requires an annual public hearing to consider a rate change. The monthly fee is subject to an annual adjustment for a rate change based on the Consumer Price Index.

Mayor Hepburn opened the public hearing and called for public comment.

Danita Beauchamp, La Verne, resident, asked if the anticipated funds from the proposed increased was included in the current budget and what was the percentage of the increase.

Finance Director Lopez responded that yes, the anticipated funds are included in the current budget and the percentage increase is 7.5%.

The City Council all agreed that the Paramedic Service Program is a valuable service for the community.

La Verne Council Meeting Agenda Packet May 15, 2023
14 It was moved by Crosby, seconded by Kashifalghita, and unanimously carried to approve Resolution No. 23-16, as follows:

Resolution No. 23-16,
Adopting the Paramedic
Service Fee
Adopt the Resolution No. 23-16 titled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA, ADOPTING THE PARAMEDIC SERVICE FEE FOR FISCAL YEAR 2023-24” to adjust the monthly paramedic service fee from $5.91 to $6.35.

6. Appointments to the Active
Transportation Committee
Appointments to the Active Transportation Committee - On July 18, 2022, the Assistant City Clerk gave notice of two (2) vacancies on the Active Transportation Committee (ATC). The City Council held ATC interviews on April 24, 2023 and will need to appoint two new members to the committee.

It was recommended that the City Council conduct two motions to appoint new members to the Active Transportation Committee for a term of four years.

It was moved by Johnson, seconded by Lau, and unanimously carried to appoint Sabine Stieber to the Active Transportation Committee to a four-year term.

It was moved by Crosby, seconded by Lau, to appoint Muir Davis to the Active Transportation Committee. Motion failed by a vote of 2-3 (Hepburn, Johnson, and Kashifalghita voted No).

It was moved by Kashifalghita, seconded by Johnson, and carried by a vote of 4-1 (Crosby voted No) to appoint Jarrod Palmer to the Active Transportation Committee to a four-year term.

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.

The following residents spoke in opposition on the proposed development at 740 East Foothill Boulevard, San Dimas. They cited the development proximity to the surrounding neighborhoods, residents’ safety, especially the children, traffic safety issues, and use of Police and Fire resources. They asked for the City Council support and a letter signed by all the Council be sent to the Board of Supervisors strongly opposing the proposed development.

A few residents were upset with the City for removing their signs posted in the public right-of-way regarding their campaign to notify residents pertaining to the development and their opposition.

Piper Burke Carlos LeBlanca
Nicky Hoar Lilly Brainard
Melissa Burke Hector Castandas & Mrs. Castandas Don Hubblell Richard Bowen
Danita Beauchamp Wayne Perry
Pam Berry Kathy Newlon
Jeff Bassler Cynthia
Joe Gabaldon Sabine Sullivan
Rich Gill Cynthis Gabaldon
La Verne Council Meeting Agenda Packet May 15, 2023
15 Michael Carmichael, San Dimas resident
John Ban
Robert Schafer
Two (2) additional residents

Christie, La Verne resident, was very concerned with inappropriate books available to BUSD students at the schools and thought the City Council should be aware.

City Manager Domer addressed the removal of the signs, citing that signs are only removed if there are in the City’s right-of-way.

City Manager Domer stated that the City Council will call for a Special meeting on Wednesday, May 3, 2023, at 6:30 for Council to vote on sending a letter in opposition of the proposed development to the Board of Supervisors.

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 their attendance and participation in tonight’s meeting. She reported on the La Verne Police Officers’ Association (POA) upcoming Golf Tournament and the University of La Verne Scholarship Gala.

Council Member Johnson recalled that in 2003 when he was first elected to City Council, he was replacing Council Member Gatti who served on the Council for many years. He stated that Council will be adjourning tonight’s meeting in memory of Council Member Gatti who recently passed away. He reported that the La Verne Rotary Club planted two Oak trees in memory of Dr.

Garbis Der-Yeghiayan, a past Rotary member and a man whose life pursuing peace impacted his local community and the world.

Council Member Kashifalghita stated he strongly supported the residents and he was there for them.

Mayor Pro Tem Crosby stated he appreciated the young speaker’s comments who spoke at tonight’s meeting regarding the proposed development on Foothill Blvd. in San Dimas.

Mayor Hepburn thanked the Castanedas for their campaign opposing the proposed development and in getting the community together. He stated Council will be addressing the matter and they too, are opposed. He thanked the audience for attending.

The City Council recessed to 8:56.p.m. to closed session.

La Verne Council Meeting Agenda Packet May 15, 2023
16 CLOSED SESSION

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
Assistant 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)(A) – one potential case - Meter Read Error Issued at Multi-Family Complex.

There was no announcement.

Adjournment at 9:45 p.m., in memory of former City Council Member Patrick Gatti. Pat was a long time La Verne resident and business owner of La Verne Florist in Oldtown La Verne. He served as a Council Member for 21 years, from 1982 to 2003, and served as Mayor Pro Tem for some of those years. Pat had a deep passion for the community and ran for Council to serve as a voice for the residents of La Verne.

During his time on the Council, Pat collaborated with and led many committees and commissions including the Child Care Summit Committee, Parks and Recreation Commission, Parks and Human Services Commission, Homeowners Association Advisory Committee, and the Noise Pollution Committee, to name a few. His pride for the community extended far past La Verne’s borders spreading across the nation. After the 9/11 attacks, Pat assisted in the development of a parade as La Verne fire engines carried New Yorkers and their families through the streets. La Verne residents cheered and waved as these survivors made their way through the community.

He valued collaboration and connections with others as he volunteered to visit our sister city in Acambaro, Mexico in 1987 and advocated for providing resources to their community. Gatti prioritized the economic development of the City and guided the Foothill Blvd Committee towards the development of multiple businesses that fostered La Verne’s economic growth.

His service to the City continued after his time as a Council Member. He was part of the Old Town La Verne Business Improvement District for many years. He continued to invest his time and wisdom to the community up to his move to Arizona. He enjoyed his retirement in Arizona spending time with his family and speaking fondly of his memories of La Verne, which was his pride and joy. He is survived by his son, John, and his sister, Rose Marie.

Respectfully submitted,

Lupe Gaeta Estrella, CMC
Assistant City Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
17 This page left intentionally blank
This page left intentionally blank
La Verne Council Meeting Agenda Packet May 15, 2023
18 CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS
4/2712023
DEMANDS PRESENTED TIAVE BEEN APPROVED CONSISTENT WITH TIIE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY T}IE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTTIER TIIAN PAYROLL AND RELATED BENEFITS,

AMOUNT ISSUED TO
l.

2. 3.

4. 5.

6. 7.

8. 9.

10. CITY OF POMONA

STRATEGIC CONTRACTING SERVICES

RKA CONSULTING GROUP

MERIDIAN RAPID DEFENSE GROUP LLC

ROGERS, ANDERSON, MALODY & SCOTT
GREENSCAPE MAINTENANCE SERVICES, INC.

DE NOVO PLANNING GROI.]P

JONES & MAYER

ROGER BASS

INLAND VALLEY HUMANE SOCIETY

OTIIER DEMANDS
$ 633,764.s6
DEMANDS OF $95,674.59 WERE PAID ON BEIIALF OF LA IMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

DEMANDS OF $918,065.5I WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.

IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY T}IAT THIS IS A TRIJE AND ACCURATE REGISTER OF AUDITED DEMANDS' C}IRISTY

FINANCE DIRECTOR
107,927 .73
101,1 18.99
46,684.02
43,316.73
29,1 00.00
27 ,6s9,11
18,115.00
17,855.33
16,852.33
15,613.33
209,521.99
LA CLEAR PERSONNEL SERVICES - 411123.4115123
ENGINEERING SERVICES. JANUARY & FEBRUARY 2023
(8) BARRIER TRAILER KITS
ACCOT]NTING SERVICES-FEBRUARY 2023 & AUDIT SERVICES FOR FY 2022 APRIL 2023 SERVICES
PROFESSIONAL SERVICES - TIIROUGH 4 I7 123
PROFESSIONAL SERVICES - MARCH 2023
LA CLEAR - APRIL 2023 SERVICES
MARCH 2023 SERVICES
S
Page I of5
n
L\J|;ID B ASE3 I 4 t23 -3 I 3 1 t23 & ffi
La Verne Council Meeting Agenda Packet May 15, 2023
19 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 412712023
CHECKNO. AMOI]NT ISSUED TO
163923 $
163924
163925
163926
163927
163928
163929
163930
16393 1
163932
163933
163934
163935
163936
163937
l 63938
163940
163941
163942
163943
163944
163945
t63946
163947
r 63948
163949
163950
I 6395 I
163922
163952
1 63953
163954
163955
163957
1 63958
163959
163960
163961
163962
r63963
163964
16396s
163966
16396'7
163968
163969
163970
1639'71
163972
163973
163974
163975
163976
163977
163978
t63979
163980
I 6398 I
163982
1 63983
3,866. I l
700.00
21r.62

99.50 250.00

20.00 12,936.43
2,673.86
500.00
400.00
331.80
11,799.92
250.00
250.00
431.10
508.58
250.00
t0'7,92',7.73
4,392.50
4,429.80
593.92
18,115.00

35.00 704.38
3,637.50
418.00
2s0.00
374.00
9,800.00
400.00
211.06
730.80
s68.89
250.00
893.52

53.43 462.96
1,162.75
460.00
250.00
400.00
960.48

70.00 275.00
7s.65
662.86
15,613.33
218.00
17,855.33
1r0.26
346.40
2'15.00
545.74
2,t27.95

85.66 1,623.68
1,492.00
250.00
3,403.48
848.52

AARDVARK
ACTION WELDING CORP.

AMAZON CAPITAL SERVICES

AMERICAN RIVER COLLEGE

ARGO MEDITERRANTAN GRILL

ARTGREEN CONSTRUCTION
AT&TMOBILIry

BASSLER ENTERPRISES

BEVERLYCROWE

BRAD SANDONA

BREAK TIME YOGA, LLC
BUCKNAM INFRASTRUCTURE, INC.

BUTTERCUP CATERING

CAFE WANG
CALIF. BUILDING STANDARDS COMM.

CALIFORNIA PEST MANAGEMENT,INC.

CHUBBY'S HOMEMADE ICE CREAM

CITY OF POMONA
CIVILTEC ENGINEERING, INC.

CRAFT BREW WATE& INC.

DANIELS TIRE SERVICE

DE NOVO PLANNING GROUP

DEBORAHBAKER

DEPARTMENT OF CONSERVATION

DIESEL EXHAUST & EMISSIONS LLC

DIVISION OF THE STATE ARCHITECT

DDCE ROSE BARBEQUE
DONNOE & ASSOCIATES INC.

DW CONCRETE

DWIGHT SMITH

EFA, LLC

EKMAN, ROBBIN

FACTORY MOTOR PARTS

FIG& CEDAR
FINN, ruSTINE
FINN, ruSTINE

FIREMANS GRAPHICS

FORD OF UPLAND, LLC

FOREVER WILD EXOTIC ANIMAI SANCTUARY

FOURTH STREET MILL

FRED PORTER

FRONTIER COMMUNICATIONS

GONZALEZ, JANESSA

GONZALEZ, SAM

HIRSCH PIPE AND SUPPLY
HPS WEST, INC.

INLAND VALLEY HUMANE SOCIETY

JIANZHONG XU

JONES & MAYER
ADDIEL, ruLIAN

ADDIEL, JULIAN

KEVINBLAIR

KEYSTONE I,JNIFORM DEPOT

KJ SERVICES

KYOCERA DOCUMENT SOLUTIONS WEST

LIFE-ASSIST

LINSCOTT, LAW & GREENSPAN ENGINEERS

LORDSBURGTAPHOUSE & GRILL INC

LOS ANGELES COLTNTY PUBLIC WORKS

LOZANO,THOMAS

Page 2 of 5 ends

La Verne Council Meeting Agenda Packet May 15, 2023
20 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 4t2'112023
AMOI.]NT ISSUED TOCHECKNO.
163984
I 63985
1 63986
163987
I 63988
r63989
1 63990
163991
163992
163993
163994
163995
163996
163997
l 63998
t63999
164000
164001
164002
164003
164004
164005
164006
164007
164008
164009
164010
164011
164012
164013
164014
164015
164016
164017
164018
164019
164020
164021
164022
164023
164024
r64025
164026
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
104.00
43,316.73
250.00
2,653.02
750.00

35.00 55.36
373.56
1,800.00
2,253.85
865.36
250.00
250.00
1,870.00
750.76
250.00
250.00
1,006.00

51.47 48.45

14.00 250.00
192.00

67.45 35.00

80.00 27.50
250.00
2s0.00
4,300.00
500.00
2s0.00
423.06
8,248.58
lsI.56
391.75
2,958.63

85.00 231.75
186.24
2,083.73
1,733.82
3,023.16
204.50

91.50 3"042.25
120.17
1,000.00
5,481.46

99.20 2,617.00
352.50
27,659.11
157.49
823.67
1,430.00

95.21 46,684.02
29,100.00
1,543.03

LUPEVAZQUEZ

MERIDIAN RAPID DEFENSE GROUP LLC

MI COCINA MEXCAN GRILL
MIRACLE RECREATION EQUIPMENT CO.

MODERN MAYMM SWEETS

NANCY KING

ODP BUSINESS SOLUTIONS, LLC

OPLIGE& ROCKY

ORTCO,INC
PARKHOUSE TIRE,INC.

PITNEY BOWES GLOBAL FINANCTAL SVCS

PZZA BARN

PRAISE CHEESES

PREMIER FAMILY MEDICINE ASSOCIATES

PROWS, JASON

RED DEVIL PIZZA
ROBEKS FRESH ruICES & SMOOTHIES

ROBERTA'S VILLAGE INN
RODGERS, ryLER

RODGERS, TYLER

ROSEGOLD CHARCUTERIE
SAFESHRED COMPANY, INC.

SAVAGE, HOLLIE
S}IERRY EAKER

SONIAALDAKHIL

SPARTAN NASH

SWEET TIME

THE COOKIE MESS
THE COI.]NSELING TEAM INTERNATIONAL

TTIE DOMINGUEZ GROUP

THE TENDERLOIN RESTAURANT

TK ELEVATOR CORPORATION
TPX COMMI.INICATIONS

TRILOGY MEDWASTE WEST, LLC

LTNIVERSITY OF SOUTHERN CALIFORNIA

VERZON WIRELESS

VERONICA TORRES
WAGEWORKS,INC.

WALTERS WHOLESALE ELECTRIC CO.

ZOLL MEDICAL CORPORATION
4ALLPROMOS
4IMPRINT,INC
A. UPLAND FIRE PROTECTION
AM-TEC TOTAL SECURITY INC.

AMAZON CAPITAL SVCS - LVPD
AMERICAL GRAPHIC SYSTEMS, INC.

ARAGON, RICIIARD
BRENNTAG PACIFIC,INC.

COLLEGIATE PRESS

ENVIRONMENT CONTROL PUENTE HILLS

GRAINGER

GREENSCAPE MAINTENANCE SERVICES, INC'

INTERSTATE BATTERY INLAND VALLEY
L.N. CURTIS AND SONS
MARTIN SCHERER ELECTRIC, INC.

POMONA TRUCK & AUTO SUPPLY

RKA CONSULTING GROUP

ROGERS, ANDERSON, MALODY & SCOTT

SKYLINE SAFETY AND SUPPLY

Page 3 of 5 ends

La Verne Council Meeting Agenda Packet May 15, 2023
21 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 4t27/2023
CI{ECKNO, AMOLTNT ISSUED TO
633,764.56
918,065.51
9s,674.59
Total Demandr S 1,647,504'66

SOUTH COAST EMERGENCY VEHICLE SVCS

WESTERN WATERWORKS

CORDRAY ENTERPRISES

DEROIAN VENTURES LLC

ECPC SOLUTIONS LLC

GROUND ZERO TECHNOLOGY

LIBERTY COASTAL LLC

MARLYN PACIIECO LLC
MICTIAELW. TYNES

OWSLEY ENTERPRISES

ROGERBASS

STRATEGIC CONTRACTING SERVICES
Total Payroll Demands
Total LA IMPACT Demands
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
140.61
339.68
7,2s0.00
8,937.50
7,084.00
5,450.00
13,907.08
5,100.00
l1,000.00
14,326.97
16,852.33
l0l I 18.99
Payroll and Benefit Payments:
164044
164045
164046
16404'7
164048

BANK DRAFT

BANKDRAFT

BANK DRAFT

BANKDRAFT

BANK DRAFT

BANK DRAFT
EFT
EFT
EFT
Total
510.00
300.00
209.62
148.79

9.00 565,996.99
2,810.52
1,020.38
34,',l51.78
160,420.62
24,750.41
5,541.76
7,624.56
105,640.57
3,169.43
2,887.00
2,274.08

EMPLOYEE FUND, CITY OF LA VERNE
FIDELIry INVESTMENTS #P0754

HEATHERREYES

LTNITED STATES TREASURY
I]NITED WAY CAMPAIGN
PAYROLL 04 I 09 12023 -04 12212023

CALPERS
STATE DISBURSEMENT BDOOO5689

STATE OF CALIFORNIA

STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC-457
EMPOWER TRUST COMPA].TY, LLC-ROTH
EMPOWER TRUST COMPA].IY, LLC.4O 1 A
I.'NITED STATES TREASURY

CHARLES SCHWAB BANK

LA VERNE FIRE ASSOCIATION

LA VERNE POLICE OFFICERS ASSOCTATION
$ 918,065.51
Break down of standard providers and the benefits they provide Provider Benefits Description
A.C. Newman Co.

Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasury
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Verne
Accidental Death Life Insurance
Employee dental insurance coverage
Life lnsurance 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
164027

MULTIPLE
Total
$
2,974.59
92,',100.00

BANK OF AMERICA

LAI ENFORCEMENT OPERATIONS
$ 95,674.59

Page 4 of 5 ends

La Verne Council Meeting Agenda Packet May 15, 2023
22 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 412712023
CHECKNO. AMOI.]NT ISSUED TO
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 5 of 5 ends

La Verne Council Meeting Agenda Packet May 15, 2023
23 CITY OF LA VERNE

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

FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL,

SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER TTIAN PAYROLL AND RELATED BENEFITS.

AMOUNT TqSI IFD TN DESCzuPTION
THREE VALLEYS MUNICIPAL WATER DISTRIC: MARCH 2023 WATER USAGE GENTRYBROTHERS, INC. PROGRESS BILLING-E & 2ND STREE IMPROVEMENT PROJECT EIFD POMONA VALLEY TRANSPORTATION AUTHOI 4TH QUARTER BILLING FOR GETABOUT

1. ,
J.

4. 5.

6. 7.

8. 9.

10. 284,447.36
1 14,59s.04
79,69s.00
45,066.51
1 2,888.68
9,450.80
8,749.40
8,600.00
8,482.73
4,99s.00
72,428.68

FIRE APPARATUS SOLUTIONS
HAAKER EQUIPMENT CO.

SO CAL GAS CO.

WEST COAST ARBORISTS, INC.

DW CONCRETE
MCCALL'S METERS, INC.

ET}IAN BAILEY

OTHER DEMANDS

AERI,AL REPAIRS

LOWER ALUMINUM TANKS FOR VACTOR TRUCK
SERVICES F OR 3 I 7 I 23 4 I 5 123
MANT. SERVTCES 3 / 16123 -3 131 /23

SIDEWALK REMOVAL AND REPLACEMEMT

REPLACE FLOW METER

LOGO REDESIGN (LVPD)
$ 649,399.20
DEMANDS OF S1,637.21 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY T}IAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED CHzuSTYLOPEZ, MPA

FINANCE DIRECTOR
Page I of3
La Verne Council Meeting Agenda Packet May 15, 2023
24 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A 5t4t2023
CHECKNO. AMOTINT ISSUED TO
164049 S
I 64050
16405 1
164052
164053
164054
I 64055
164056
164057
I 64058
164059
164060
164061
164062
164063
164064
164065
164066
t64067
l 64068
164069
164070
164071
164072
164073
164074
164075
164076
164077
164078
164079
164080
I 6408 l
164082
164083
164084
164085
164086
164087
164088
164089
164090
164091
164092
164093
164094
164095
r64097
164098
164099
164100
l64l0l
164102
164103
164104
164105
164106
164107
164108
164109
1641 l0
425.00

45.64 92.50
100.00
348.66
53,45
t,142.50
310.00
999.00

80.00 8,600.00
3,171,03
4,995.00
448.21
45,066.51
3,821.37
1,599.80
t,061.75
r,775.74
339.76
114,595.04
495.35
750.00
119.77

18.75 2,795.94

46.53 100.00
180.70
109.00
804.85
238.67
1,784.50
1,248.28
105.00
500.00
795.00
1,939.52
280.00
1,650.00

31.61 2,708.94
234.99
620.61

60.00 25.00
940.92
1,t94.63
1,701.94
444.91
1,248.58
2,412.78

20.50 4,900.00

27.64 349.99
3,086.36
1,014.91

95.31 52.02

49.85 ARROW, JASON

BUCCOLA LANDSCAPE SERVICES INC
CALIFORNIA PEST MANAGEMENT,INC.

CAROLINE DELA VICTORIA

CTIARTER COMMTINICATIONS

COLLEY FORD
CPAC,INC.

CPCA
CUSTOM WATER,INC.

DIANE GILMARTIN

DWCONCRETE
EMBERTON'S MACHINE & TOOL INC.

ETT{AN BAILEY

EWING IRRIGATION PRODUCTS

FIRE APPARATUS SOLUTIONS

FOREMOST PROMOTIONS
FORTEL TRAFFIC, INC.

FRH REALTY LLC

FRONTIER COMMUNICATIONS
GALLS, LLC.

GENTRY BROTIIERS,INC.

GREAT WESTERN INK INC.

GMT

HIRSCH PIPE AND SUPPLY
HORZON LIGHTTNG INC.

HPS WEST,INC,
INMARK

JONASH SALVADOR
KEYSTONE T]NIFORM DEPOT

KRISTIN HERNANDEZ
KYOCERA DOCI]MENT SOLUTIONS WEST

LA VERNE PETTY CASH

LIEBERT CASSIDY WHITMORE

LINE GEAR

LOIS DAVIS

MARCIALOPEZ
MCLAY SERVICES,INC.

MORROWMEADOWS CORP

RIO HONDO COLLEGE

ROB CLARK CONSTRUCTION & DESIGN,INC

SAVAGE, HOLLIE
SCHWALM GENERATION, INC.

SMART & FINAL IRIS CO.

SOUTH COASTAQMD

STEPHANIE LECHUGA

SWRCB-DWOCP

T-MOBILE
U.S. POSTMASTER
WALTERS WHOLESALE ELECTRIC CO.

WATEROUS COMPANY

WAXIE SAMTARY SUPPLY

WELLS FARGO VENDORFIN SERV

WEXBANK
APPLIED INFORMATION SCIENCES CORP.

TANYA CARTER

CHARTER COMMLTNICATIONS
CHARTER COMMI.INICATIONS

DIGITAL SOLUTIONS LLC
ELITE SI.]RVIVAL SYSTEMS
FEDEX
HEADSETS,COM,INC.

Page 2 of 3 ends

La Verne Council Meeting Agenda Packet May 15, 2023
25 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - E)GIIBIT A 5t412023
CHECKNO. AMOLINT ISSUED TO
l64l I 1
164l12
t64l13
164114
1641 l5
t64tt6
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT

BANKDRAFT

76.23 325.17
185.00
208.05
500.00
t,556.45
540.00
203.96
2,088.00
682.26
2,987.78
1,250.00
3t4.61
1 2,888.68
1,380.94

48.96 3,004.6',1
2,675.00
500.00
8,482.73
250.00
79,695.00
718.50
979.02
284,447.36
8,749.40
9s6.32
9,450.80

ODP BUSINESS SOLUTIONS, LLC

KELLYPORTILLO

SHANIKA SIRIWARDENA
SOUTi{ERN CALIFORNIA TROPHY COMPANY

TECHNOLOGY MANAGEMENT CONCEPTS

VERZON WIRELESS

AGIACADEMY
ALL STATE POLICE EQUIPMENT CO.

AMAZON CAPITAL SVCS - FIRE

AMAZON CAPITAL SVCS - LVPD
AMERICAL GRAPHIC SYSTEMS, INC.

RIC}IARDARAGON

GRAINGER
HAAKER EQUIPMENT CO.

HASA,INC.

KRONOS INCORPORATED
L.N. CURTIS AND SONS
LA ROQI,]E BETTER ROOFS, INC.

LAW ENFORCEMENT MEDICAL SERVICES
MCCALL'S METERS, INC.

PEST OPTIONS,INC.

POMONA VALLEY TRANSPORTATION AUTHORITY

RKA CONSULTING GROUP

SHORT LOAD CONCRETE
THREE VALLEYS MI.]NICIPAL WATER DISTRICT
WEST COAST ARBORISTS, INC.

WESTERN WATER WORKS
SO CAL GAS CO.

Total Demands
649,399.20
1,637.21
T----U5iB6-+i-
Total LAIMPACT Demands
LAIMPACT Law Enforcement Task Force Demands
t64tt7
1641 18

MULTIPLE
Total
1,099.00

38.21 500.00
C}IARTER COMMLTNICATIONS
FEDEX

LAI ENFORCEMENT OPERATIONS
$ 1,637.21
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not city funds and are not available for City use outside of LAIMPACT activities.

Page 3 ends

La Verne Council Meeting Agenda Packet May 15, 2023
26 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Meg McWade, Public Works Director

SUBJECT: Public Works Week 2023 Proclamation

SUMMARY
National Public Works Week is May 21 through May 27, 2023 and it is requested for the City Council to proclaim the week in support of the hard work and dedication for all members of the City of La Verne Public Works Department.

RECOMMENDATION
Staff recommends that City Council proclaim May 21, 2023, thr ough May 27, 2023, as Public Works Week. The Proclamation will be presented to Public Works Staff at a future date during Public Works Week.

DISCUSSION
For National Public Works Week, many municipalities from across America come together to celebrate with official government proclamations in honor of the contribution public works makes to their communities . Since 1960, the American Public Works Association (APWA) has sponsored National Public Works Week to energize and educate the public on the importance of public works to their daily lives.

This year the APWA has chosen “Connecting the World Through Public Works,” as the theme for 2023 and designated May 21, 2023, through May 27, 2023, as National Public Works Week.

ATTACHMENTS
- Public Works Week Proclamation

Report Prepared By: Tracy Costello

La Verne Council Meeting Agenda Packet May 15, 2023
27 ~PROCLAMATION~

WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the residents of La Verne; and

WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, at all levels of government, who are responsible for rebuilding, improving, and protecting our nation’s and City’s transportation, water, wastewater, and stormwater treatment, public buildings and spaces, parks and grounds, emergency management and first response, solid waste, and right-of-way management; and

WHEREAS, it is in the public interest for residents, civic leaders and children in La Verne to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works programs in our community; and

WHEREAS, the year 2023 marks the 63rd annual National
Public Works Week sponsored by the American Public Works Association; and

WHEREAS, “Connecting the World Through Public Works,” the theme of Public Works Week 2023, encourages all Americans to think about the role public works plays in creating great places to live.

NOW, be it proclaimed by the City of La Verne, that the week of May 21-27, 2023, be recognized as

“Public Works Week”

and encourage La Verne residents and businesses to recognize the substantial contribution the men and women of our Public Works Department make to protecting our health, safety, and quality of life.

Dated this 15
th day of May, 2023.

____________________________________
Tim Hepburn Mayor
Attest:

_________________________________________
Lupe Gaeta Estrella, Assistant City Clerk
La Verne Council Meeting Agenda Packet May 15, 2023
28 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Ken Domer, City Manager

SUBJECT: Military Appreciation Month 2023 Proclamation

SUMMARY
Military Appreciation Month is honor ed annually in May, and it is requested for the City Council to proclaim the month of May 2023 to officially recognize the sacrifices of those in and out of the United States Armed Services.

RECOMMENDATION
That the City Council proclaim May 2023 as Military Appreciation Month.

DISCUSSION
National Military Appreciation Month is celebrated every May and is a declaration that encourages U.S. citizens to observe the month as a symbol of unity. Numerous municipalities from across America come together to celebrate with official government proclamations to honor members of the United States Armed Forces and their contributions for the preservation of the liberties that have enriched our nation.

The Proclamation will be presented to VFW Post 12034 during the Memorial Day Ceremony on May 29 at Veteran’s Hall.

ATTACHMENTS
- Military Appreciation Month Proclamation

Report Prepared By: Andrea Blockinger, Administrative Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
29 La Verne Council Meeting Agenda Packet May 15, 2023
30 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Yvonne Duran, Community Services Director

SUBJECT: Inclusion Grant Appropriations

SUMMARY
This item seeks City Council authorization and appropriations of $31,250 with funding from the Grants for Enhanced Community Integration for Children and Adolescents.

RECOMMENDATION
It is recommended that the City Council: appropriate $31,250 from the Mi scellaneous Grants Fund for special needs events/programs, staff training, behavior consultation, and instructional materials.

DISCUSSION
The City of La Verne was awarded a grant through the San Gabriel/Pomona Regional Center and the Department of Developmental Services in March of 2022. The agreement was made and entered on April 10, 2023.

The proposed project and agreement, Community Integration and Friendship Building Through Inclusive Family Activities, was proposed to create a more inclusive environment for individuals aged 3-21 years in social and recreational activities. This project includes staff training to support all social/recreation programs and host 5 family events through the end of the year where individuals with disabilities, their neurotypical siblings, family members and friends can participate in activities together. These events and programs would be at no cost to participants or families.

Training will be provided to staff on person centered thinking. Each partic ipant will have a person- centered profile. Individual and family input will be gathered through the stakeholder’s group to ensure th ese activities address the interests and preferences of individuals and their families. Surveys will be offered to gather input on the success of these events and will enhance future events. We will utilize professional consultants to make sure activities and environments are universally designed and inclusive.

Sustainable supplies needed to accommodate more individuals will be recommended by consultants and purchased as part of this grant.

Through this grant, the City will be the first of its kind to offer free private swim lessons to provide intensive support for those with special needs. This summer staff will be able to provide 45 student scholarships with one- on-one weeklong swimming lessons at the La Verne Aquatic Center. Aquatic staff will also receive training from the Director of La Verne Council Meeting Agenda Packet May 15, 2023
31 Children’s’ Services at Casa Colina who is a registered and licensed Occupational Therapist.

FISCAL ANALYSIS
If approved, appropriations of $31,250 will need to be added to the Fiscal Year 2022-23 Adopted Budget in the Miscellaneous Grants Fund for special needs events/programs, staff training, behavioral consultation, and instructional materials. Funding for the project is supported by the Grants Funds for Enhanced Community Integration for Children and Adolescents; there will be no fiscal impact on the City’s General Fund.

ENVIRONMENTAL ANALYSIS
Not applicable.

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

ATTACHMENTS
Inclusion Grant Agreement

Coordinated With:

Christy Lopez, Finance Director
Kimberly Hall Barlow, City Attorney

La Verne Council Meeting Agenda Packet May 15, 2023
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La Verne Council Meeting Agenda Packet May 15, 2023
58 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM:

Eric Scherer, AICP, Community Development Director

SUBJECT: CONSIDERATION OF STREET CLOSURE FOR SPECIAL EVENT PERMIT NO. 26-23SEP – 2023 MEMORIAL DAY CEREMONY EVENT

SUMMARY
The City Council is requested to approve a street closure for the 2023 Memorial Day Ceremony Event. A City sponsored event, portions of Magnolia Avenue, between Bonita Avenue and 3rd Street, are proposed to be closed for the event occurring on May 29, 2023.

RECOMMENDATION
Staff recommends the City Council authorizes the Public Works Director to take the necessary steps to permit the temporary street closure for a portion of Third Street, between B Street and C Street for the Memorial Day Ceremony on May 29, 2023.

DISCUSSION
The request specifically involves closing both the north and southbound lanes of Magnolia Avenue between Bonita Avenue and 3rd Street. The street closures will occur on May 29th from 7 :00am until 1:00pm. The closure of this portion of Magnolia Avenue will be conducted by the La Verne Retired Senior Volunteer Patrol (RSVP), with RSVP vehicles, along with barricades being utilized to close both the street and the alley ways.

FISCAL ANALYSIS
Costs associated with the Memorial Day Ceremony have been included within the Fiscal Year 2022-23 budget.

ENVIRONMENTAL ANALYSIS
Not Applicable.

LEGAL REVIEW
Not Applicable.

ATTACHMENTS
Not Applicable

Report Prepared By: Gabriel Rivera, Assistant Planner

La Verne Council Meeting Agenda Packet May 15, 2023
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La Verne Council Meeting Agenda Packet May 15, 2023
60 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Meg McWade, Director of Public Works

SUBJECT: SENATE BILL 1 PROJECT LIST FOR FISCAL YEAR 2023-24

SUMMARY
Each City must submit a Resolution to the California Transportation Commission with a proposed list of projects for Senate Bill 1, the Road Repair and Accountability Act of 2017.

This item lists the proposed projects for Fiscal Year 2023- 24 to receive the designated funds.

RECOMMENDATION
Staff recommends City Council approval of Resolution No. 23-18, title, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT,” approving the proposed SB1 project list for fiscal year 2023-24.

DISCUSSION
Senate Bill 1 (SB1), Road Repair and Accountability Act (RRAA) of 2017 (Chapter 5, Statutes of 2017) was passed by legislature and signed into law by the Governor in April 2017 to address significant multi-modal transportation funding shortfalls statewide. SB1 provides for increased gas taxes and registration fees, which are to be deposited into the State’s Road Maintenance and Rehabilitation Account (RMRA). RMRA funds are apportioned to local agencies each year for basic road maintenance, rehabilitation, and other safety projects. SB1 also requires each eligible agency to submit a project list to California Transportation Commission (CTC) in order to receive these funds. La Verne’s allocation for fiscal year 2023/24 is estimated at $813,098 and with car ryover from prior years, $1,527,434 will be available for FY 24 projects.

SB1 emphasizes the importance of accountability and transparency in delivery of California Transportation programs. Therefore, in order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (CTC) of each year.

Staff is proposing to direct $1.5M of SB1 funding for fiscal year 2023/2 4 for the following
projects:

Grove Street (White Avenue to Fulton Road)
8th Street (White Avenue to 1st Street)
Marco Court (8th Street to Terminus)
La Verne Council Meeting Agenda Packet May 15, 2023
61 RESOLUTION NO. 23-18

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

ANGELES, STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City will receive an estimated $813,098 in RMRA funding in Fiscal Year 2023-24 from SB 1 and has remaining carryover from prior years to be utilized for this project ; and

WHEREAS, the City maintains a Pavement Management System to determine road maintenance priorities and to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the community’s priorities for transportation investment;

NOW, THEREFORE, THE LA VERNE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The budget for fiscal year 2023-24 shall incorporate the following list of projects planned to be partially funded with Road Maintenance and Rehabilitation Account revenues:

Street Rehabilitation: Grove St reet Project Area. The following streets are anticipated to be rehabilitated through this project:

Grove Street (White Avenue to Fulton Road)
8 th Street (White Avenue to 1st Street)
Marco Court (8th Street to Terminus)
I Street (6th Street to Grove Street)
Aldon Avenue (6th Street to Grove Street)
8th Street (Aldon Avenue to Fulton Road)
Sherwin Way (8th Street to Terminus)
La Verne Council Meeting Agenda Packet May 15, 2023
62 Laurie Lane
(Aldon Avenue to Fulton Road)
Pineland Avenue (8th Street to Terminus)
Nordland Avenue (8th Street to Terminus)
6th Street (White Avenue to Fulton Road)
Orchard Court (6th Street to Terminus)
Ricardo Court (6th Street to Terminus)

The project will extend the useful life of the roadway in a satisfactory or better condition for up to 15 years. Project construction is expected to commence during the spring of 2024.

Section 2. The budget for fiscal year 2023-24 shall incorporate the following budget requests:

a. Use of Senate Bill 1 Gas Tax funds in the amount of $1,500,000 (FY 2023/24 allocation and prior years carryover) for use on the herein identified project – Grove Street Project Area.
b. Use of Senate Bill1 Gas Tax funds for the FY 22/23 previously approved Hayes King Project anticipated to be constructed in Summer 2023.

Section 3. That the Mayor shall sign and the Assistant City Clerk shall attest to the passage and adoption of this Resolution, which authorities shall be in full force and effect throughout the declaration described herein.

PASSED, APPROVED AND ADOPTED this 15th day of May 2023.

__________________________________
ATTEST: Tim Hepburn, Mayor

_______________________________________
Lupe Gaeta Estrella, Assistant City Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
63 CERTI

FICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF LA VERNE )

I hereby certify that the foregoing Resolution No. 23 -18 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 15 th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED
________________________________
Lupe Estrella, Assistant City Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
64 I Str
eet (6th Street to Grove Street)
Aldon Avenue (6th Street to Grove Street)
8th Street (Aldon Avenue to Fulton Road)
Sherwin Way (8th Street to Terminus)
Laurie Lane (Aldon Avenue to Fulton Road)
Pineland Avenue (8th Street to Terminus)
Nordland Avenue (8th Street to Terminus)
6th Street (White Avenue to Fulton Road)
Orchard Court (6th Street to Terminus)
Ricardo Court (6th Street to Terminus)

FISCAL ANALYSIS
In addition to submitting a project list to the California Transportation Commission (CTC), SB 1 guidelines require that all proposed projects be included within an agency’s budget.

Therefore, staff is recommending that the City Council approve the full SB1 appropriation within the FY 2023/24 Capital Improvement Budget in the amount of $1,527,434 for the Grove Street Area Project.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
Not applicable.

ATTACHMENTS

1. Resolution 23-18

2. Map of Project Areas

Report Prepared By:

Ramior Nunez, Acting Maintenance Manager
La Verne Council Meeting Agenda Packet May 15, 2023
65 Attachment 2 – City Council – May 15, 2023 – City of La Verne

Senate Bill 1 Map of Project Areas

FY 2023/2024 – SB 1 Project List
The City will use its FY 24 allocation of $813,098 and $714,336 in carryover funds, for an anticipated project cost of $1,527,434 for the Grove Street Project Area.

Grove Street Project Area
Grove Street (White Avenue to Fulton Road)
8 th Street (White Avenue to 1st Street)
Marco Court (8th Street to Terminus)
I Street (6th Street to Grove Street)
Aldon Avenue (6th Street to Grove Street)
8 th Street (Aldon Avenue to Fulton Road)
Sherwin Way (8th Street to Terminus)
Laurie Lane (Aldon Avenue to Fulton Road)
Pineland Avenue (8th Street to Terminus)
Nordland Avenue (8th Street to Terminus)
6 th Street (White Avenue to Fulton Road)
Orchard Court (6th Street to Terminus)
Ricardo Court (6th Street to Terminus)

The following map shows the streets proposed for rehabilitation with SB1 funds.

Grove Street Project Area – SB 1 FY 2023/24 Project

La Verne Council Meeting Agenda Packet May 15, 2023
66 In FY 2022/23, the City designated SB1 funds for the Hayes -King Street project. The project limits were reported as the entire roadway width of:

Hayes-King Street Project Area
Hayes Drive (White Avenue to terminus)
Price Drive (White Avenue to Columbia Drive)
Columbia Drive Price Drive to Sycamore Drive)
Sycamore Drive (White Avenue to Columbia Drive)
College Lane (White Avenue to Terminus/Annapolis Court) Kendall Street (White Avenue to Wenwood Street)
Wenwood Street (Kendall Street to Hanawalt Street)
Ba yberry Court (Hanawalt to Terminus)
Hanawalt Street (King Street to WenwoodStreet)
King Street (Groove Street to Hanawalt Street)

This project is currently in final design with construction slated to begin in Summer after construction contract award. The following map shows the street segments included:

La Verne Council Meeting Agenda Packet May 15, 2023
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La Verne Council Meeting Agenda Packet May 15, 2023
68 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Eric Scherer, AICP, Community Development Director

SUBJECT: Set Hearing to Consider Old Town La Verne Business Improvement District Annual Report

SUMMARY

A public hearing is required to consider the Annual Report of the Old Town La Verne Business Improvement District (OTLVBID) and it is requested to schedule the hearing for June 5, 2023.

RECOMMENDATION

Staff recommends the City Council adopt the attached Resolution No.23-19 declaring its intention to approve the Old Town La Verne Business Improvement District Annual Report and set a public hearing on the matter for June 5, 2023.

DISCUSSION

In April of 1986, the City Council adopted Ordinance No. 720, establishing a business improvement district for downtown La Verne. In January of 1987, the City Council adopted Ordinance No. 733, establishing an advisory board for the Downtown La Verne Business Improvement District.

In 2002 the advisory board and the City Council officially changed the name of the organization to the Old Town La Verne Business Improvement District . Since formation of the District, it has been the practice of the OTLVBID Advisory Board to submit an Annual Report that includes:

• An overview of prior year activities.
• A proposed budget for the upcoming fiscal year.
• A re-establishment of District boundaries and assessment formula in compliance with the Parking and Improvement Area Law of 1989.

Setting the public “protest” hearing is a required action to consider the OTLVBID annual report.

FISCAL ANALYSIS
None.

La Verne Council Meeting Agenda Packet May 15, 2023
69 ENVIRONMENTAL ANALYSIS
None.

LEGAL REVIEW
This report and the attached Resolution were approved by the City Attorney.

ATTACHMENTS
Resolution No. 23-19

Coordinated With:

Kimberly Hall Barlow, City Attorney
La Verne Council Meeting Agenda Packet May 15, 2023
70 RESOLUTION NO. 23-19

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

LOS ANGELES, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO

APPROVE THE ANNUAL REPORT OF THE OLD TOWN LA VERNE BUSINESS

IMPROVEMENT DISTRICT WHICH INCLUDES A BUDGET AND REESTABLISHES THE BOUNDARIES AND ASSESSMENT FORMULA FOR THE 202 3-2024 FISCAL

YEAR AND SETS A PUBLIC HEARING ON THE MATTER

The City Council of the City of La Verne DOES HEREBY RESOLVE as follows:

Section 1. That the City Council of the City of La Verne hereby finds, determines, and declares as follows.

a. Pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, the City Council hereby declares its intention to consider the approval of the annual report for 2022-2023 of the Advisory Board of the Old Town La Verne Business Improvement District; and

b. The boundaries of the district as described on Exhibit A, attached hereto, shall be the same as adopted in Ordinance No. 720; and

c. That a public hearing concerning the approval of said report will be held on Monday, June 5, 2023, at 6:30 p.m., or as soon thereafter, in the La Verne City Council Chambers at 3660 D Street and can be viewed on the City’s website at www.cityoflaverne.org
; and

d. The assessment formulas as described in Exhibit B, attached hereto, shall be the same as adopted in Ordinance No. 720; and

e. The proposed uses of the revenues derived from charges imposed in the District are as follows:

(1) decoration of any public place in the area;
(2) promotion of public events which are to take place on or in the area; (3) furnishing of music in any public place in the area; and (4) the general promotion of business activities in the area.

f. The proposed budget for fiscal year 2023-2024 is adopted.

La Verne Council Meeting Agenda Packet May 15, 2023
71 Sect
ion 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

APPROVED AND ADOPTED this 15th day of May 2023.

Mayor of the City of La Verne
ATTEST:

Assistant City Clerk

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES) SS

CITY OF LA VERNE )

I hereby certify that the foregoing Resolution No. 23-19 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 15th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Lupe Gaeta Estrella, Assistant City Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
72 City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Cody A. Howing, City Engineer

SUBJECT:

CITYWIDE LANDSCAPING AND LIGHTING DISTRICT NO. 6 AND
ZONES 2, 3, 4-I, 4-II, 5, AND 6; ENGINEER’S REPORT

SUMMARY
The City Council is requested to review, provide preliminary approval, and set a Public Hearing for the Engineer’s Report for Landscaping and Lighting Maintenance District No. 6, for Zones 2, 3, 4-I, 4-II, 5, and 6 for June 19, 2023.

RECOMMENDATION
Staff is recommending that City Council adopt the attached Resolution No. 23-20, entitled “ A

RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023- 24 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT

WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND

COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS O F DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6) ,” approving the Engineer’s Report and setting the public hearing for June 19, 2023, for Landscaping and Lighting District No. 6.

DISCUSSION
Pursuant to the requirements of the Landscape and Lighting Act of 1972, part of Division 15 of the Streets and Highway Code of the State of California, an Engineer’s Report for Landscape and Lighting Maintenance District No. 6, including special zones, those areas receiving specific benefit in addition to the special citywide benefit has been prepared for City Council approval. Said approval sets the levy of assessments for Fiscal Year (FY) 2023-24 and sets the public hearing for June 19, 2023. No change in the assessment levy is being proposed for the subject special benefit in Zones 2, 3, 4-1, 4-2 and 5. Zone 5 is proposed to have the levied assessment reduced below the maximum assessment amount to draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2023 CPI of 3.7% allows for a maximum assessment per parcel of $301.39. The maximum assessment of $301.39 is proposed for this zone.

This report includes descriptions of improvements to be maintained and services to be performed by the City. With the approval of the Utility Tax, the Citywide District Assessment (Zone 1) is proposed to remain at zero. General fund monies are necessary to balance the Budgets in Zone 3 (Wheeler and Tabor) in the amount of $4,724 .00, in Zone 4-1 (North La Verne) in the amount of $33,406.00 and in Zone 6 (Tract 52965) in the amount of $1,478.00 . Of these three zones, none have reserves to balance the cost to maintain their respective improvements.

La Verne Council Meeting Agenda Packet May 15, 2023
73 The other
zones have reserves that are being used to balance their budgets. Zone 5 is proposed to receive a lower than maximum levied assessment to allow excess reserve funds to be drawn down. The levy amount for Zone 6 is proposed to be increased from the prior year to the maximum assessment as a result of increasing costs.

Exhibit “A” is a summary of the per parcel levy of assessment for each zone.

EXHIBIT “A”

AREA

APPROVED
2022-23
LEVY.

PROPOSED

INCREASE

PROPOSED

DECREASE

PROPOSED
2023-24 LEVY.

Citywide 0 0 0 0
Zone 2 $67.23 0 0 $67.23
Zone 3 $99.59 0 0 $99.59
Zone 4-I $141.85 0 0 $141.85
Zone 4-II $147.09 0 0 $147.09
Zone 5 $247.62 0 0 $247.62
Zone 6 $265.60 3.7% 0 $301.39

FISCAL ANALYSIS
Based on the proposed budget for FY 2023-24, application of general fund loans or appropriations in the amount of $39,608.00 is required to balance the budget for Zones 3, 4-I and 6. Adequate reserve funds are available for the remainder of the Zones.

With the exception of Zone 5, all assessment levies are aligned with the maximum allowable rate.

In order to facilitate increases to the proposed assessments in line with the operations and maintenance costs reflective of the current service level, a Proposition 218 ballot process must be held and ultimately approved by the property owners in the respective zones. The City Council can also choose to continue balancing the budget with loans or appropriations from the General Fund. Should the City Council direct staff to proceed with a Proposition 218 ballot process, planning would start immediately and the ballot would be held during next FY to be reflected in the assessments for FY 2024-25.

La Verne Council Meeting Agenda Packet May 15, 2023
74 ENVIRONMENTAL ANALYSIS
The annual maintenance of Landscape and Lighting Maintenance District No. 6 related facilities is categorically exempt from the California Environmental Quality Act, Section 15301 and City of La Verne environmental guidelines.

LEGAL REVIEW
Not applicable.

ATTACHMENTS

1. Resolution No. 23-20

2. Draft Engineer’s Report D istrict N
o. 6
La Verne Council Meeting Agenda Packet May 15, 2023
75 RESOLUTION NO. 23-20

A RESOLUTION O F THE CITY COUNCIL, CITY O F LA VERNE, COUNTY O F LOS ANGELES, STATE O F CALIFORNIA, APPROVING T HE “ENGINEERS REPORT” FOR ANNUAL LEVY O F ASS ESSMENTS FOR FISCAL YEAR 2023 -24 I N THE

EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT W ITHIN SAID

CITY, DECLARING I TS INTENTION TO PROVIDE F OR ANNUAL LEVY A ND

COLLECTION OF ASSESSMENTS F OR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, O F THE STREETS AND HIGHWAYS CODE

OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6)

WHEREAS, this City Council has previously formed a Landscaping District pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the “Landscaping and Lighting Act of 1972,” for a maintenance district to be known and designated as

CITY OF LA VERNE
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 6

(hereinafter referred to as the “District”); and,

WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for one year of the maintenance of the improvements within said District; and

WHEREAS, at this time there has been presented to this City Council the Engineer’s Report as required by Division 15 of the Streets and Highways Code, and at this time, this City Council is desirous of proceeding with the proceedings for said annual levy;

WHEREAS, this City Council has now carefully examined and reviewed the “Engineer’s Report” as presented, and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessment, on a preliminary basis, has been spread in accordance with the benefits received from the maintenance to be performed as set forth in said “Engineer’s Report.” La Verne Council Meeting Agenda Packet May 15, 2023
76 NOW,

THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:

RECITALS

SECTION 1. That the above recitals are all true and correct.

PUBLIC INTEREST

SECTION 2. A. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof.

B. T hat the improvements to be maintained are substantially the same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantial changes proposed to be made in any existing improvements or maintenance
thereof.

REPORT

SECTION 3. That the “Engineer’s Report” as presented, consisting of the following:

A. Plans and Specifications,

B. Estimate of Cost for one-year’s assessment,

C. Diagram of the Maintenance District,

D. Assessment of the Reduced Estimated Cost,

is hereby approved on a preliminary basis for Fiscal Year 2023-24 and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

That the City Clerk shall certify to the passage and adoption of this resolution and the minutes of this meeting shall so reflect t he presentation of the “Engineer’s Report.”
La Verne Council Meeting Agenda Packet May 15, 2023
77 ASSESSMEN
T

SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said “Engineer’s Report,” and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said “Engineer’s Report.”

DESCRIPTION OF MAINTENANCE

SECTION 5. The assessments which are to be levied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the “Engineer’s Report,” referenced and incorporated herein.

COUNTY AUDITOR

SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District.

SPECIAL FUNDS

SECTION 7. That all monies collected shall be deposited in the previously established fund known as

LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 6

Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution.

BOUNDARIES OF DISTRICT

SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance char geable upon the District, which District said City Council hereby declares to be the District benefited by said improvements and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each parcel of land within the boundaries of La Verne Council Meeting Agenda Packet May 15, 2023
78 said D
istrict as said District is shown in a map as approved by this City Council and on file in the Office of the City Clerk and so designated by the name of the District.

PUBLIC PROPERTY

SECTION 9. Any lot or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work.

PUBLIC HEARING

SECTION 10. NOTICE IS HEREBY GIVEN THAT ON THE 19
th DAY OF JUNE,
2023 AT THE HOUR OF 6:30 P.M. IN THE CITY COUNCIL CHAMBERS OF LA VERNE

CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE

HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY

OF MAINTENANCE ASSESSMENTS FOR LANDSCAPING AND LIGHT ING MAINTENANCE DISTRICT NO. 6, INCLUDING ZONES 2, 3, 4-I, 4-II, 5, AND 6 TO THE

EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS

FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE

SECTION 11. The Assistant City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law.

SECTION 12. That the Assistant City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used by the City for posting of notices.

EFFECTIVE DATE

SECTION 13. This Resolution is adopted pursuant to the provisions of Section 22623, et seq. of the Streets & Highways Code of the State of California shall take effect immediately upon its adoption.

La Verne Council Meeting Agenda Packet May 15, 2023
79 PROC

EEDINGS INQUIRIES

SECTION 14. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

City Engineer
City of La Verne
3660 “D” Street
La Verne, California 91750
(909) 596-8706

PASSED, APPROVED AND ADOPTED this 15
TH day of May, 2023.

______________________________
Tim Hepburn, Mayor

ATTEST:

____________________________________
Lupe Gaeta Estrella, CMC, Assistant City Clerk

I , Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, DO hereby certify that Resolution No. 23-20 was duly passed and adopted by the said City Council at a regular meeting of the said Council held on the 15 th day of May, 2023 by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Lupe Gaeta Estrella, CMC, Deputy City Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
80 CITY OF LA VERNE

ENGINEER'S REPORT

FOR LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 6

FISCAL YEAR 2023-24

SECTION 1. AUTHORITY FOR REPORT

This report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the streets and Highways Code of the State of California.

Landscape and Lighting District No. 6 (“District”) a special benefit assessment district, provides funding for the maintenance of landscaped areas owned by the City of La Verne or provided for by easements to the City of La Verne.

Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value.

The boundary of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of La Verne as Exhibit “A,” Pages 1 thru 32). All parcels of real pr operty included within the District are described in detail on maps on file in the Los Angeles County Assessor’s Office. Assessment diagrams for individual zones are included within this report.

SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS

Street Sweeping, Street Lights and Traffic Signals; Citywide

Street sweeping, street lights and traffic signals are no longer included in the Citywide District (Zone 1).

Landscaping; Citywide

Citywide landscaping of a general benefit are no longer included in the Citywide District (Zone 1).

La Verne Council Meeting Agenda Packet May 15, 2023
81 Landscaping, Specific Zones

Zone 1

For Fiscal Year (FY) 2023-24 there are no improvements included in this zone which will be maintained (funded) by this district.

Zone 2

The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consists of trees, shrubs and ground cover along First Street within the limits of Tract No. 35405. Landscaping is south of the tract boundary and is visible from First Street. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibi t “B.” This zone is located at the southwest corner of Bonita Avenue and Fulton Road. It is bound to the north by Bonita Avenue, to the south by First Street, and to the east by Fulton Road. Generally, the parcels included in this zone front Bonita Avenue, Madison Avenue, Brandt Street, Roosevelt Street and Filmore Court. The proposed assessment for this zone is $67.23 per parcel, which reflects the current maximum assessment allowed.

Zone 3

The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consisting of trees, shrubs, turf and ground cover adjacent to Wheeler Avenue in Tract No. 33912. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection. A l ocation map is attached as Exhibit “ C.” This zone is located near the intersection of Foothill Boulevard and Wheeler Avenue. It is bound to the east by Wheeler Avenue and to the south by Metropolitan Water District’s Waymouth Treatment Plant. The parcels included in this zone front Doral Street, Tabor Lane, and Ancona Dri ve. The proposed assessment for this zone is $99.59 per parcel, which reflects the current maximum assessment allowed.

Zone 4 - Generally

The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Reference is hereby made to the said plans and specifications for the exact location and nature of the La Verne Council Meeting Agenda Packet May 15, 2023
82 landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection.

Zone 4-1

This area is commonly referred to as “Rancho La Verne.” Maintained landscape improvements including irrigation systems, trees, shrubs, turf, and ground cover are generally located along Via Rancho La Verne from Baseline Road to Via De Mansion from Wheeler Avenue to Via Campo. The other major element for this zone is the riparian drainage course and pedestrian trail from Birdie Drive to Los Robles. A location map is attached as Exhibit “D”. The location of this zone is north of Baseline Road and east of Wheeler Avenue. The zone extends north to Oak Mesa Park, while the easterly limits of the zone are partially composed of the Marshall Canyon Drainage Channel.

Within the riparian area are improvements including irrigation systems, ground cover, trees, shrubs, drainage structures and pedestrian trail. The pedestrian trail within the “natural” setting benefits all properties in the zone boundaries and also the City generally. Fifty percent of the riparian area, including the pedestrian trail and drainage structure, is of a “general” Citywide benefit . The proposed assessment for this zone is $141.85 per parcel, which reflects the current maximum assessment allowed.

Zone 4-2

This area is commonly referred to as the “Live Oak Development.” Improvements are generally located along Esperanza Drive from Ridge Crest Drive to Golden Hills Road. Improvements along Esperanza Drive benefit the entire Live Oak developments. Improvements include irrigation systems, trees, turf, shrubs, ground cover and pedestrian/equestrian trail. A l ocation Map is attached as Exhibit “ E”.

The location of this zone includes, and is generally situated north of Jasmine Court.

The north limits of the zone approximately trace Marshall Creek and is bound to the east by the City of La Verne jurisdictional boundary. Limits of the zone west of Esperanza Drive include Starline Street, Quail Court, Partridge Place, Peacock Place, Meadowlark Drive, Prairie Falcon Drive, Blackbird Lane, and Hummingbird Way.

The proposed assessment for this zone is $147.09 per parcel, which reflects the current maximum assessment allowed.

Zone 5

The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consists of trees, shrubs, ground cover and turf on Puddingstone Drive median, La Verne Council Meeting Agenda Packet May 15, 2023
83 Puddingstone Drive and Wright Avenue intersections with Fai rplex Drive and Orange Avenue and the Wheeler Avenue median landscaping. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibit “F.” The zone is located south of Arrow Highway and west of Fairplex Drive. The zone is bound to the north by Metrolink Rail, to the east by Fairplex Drive, to the south by Puddingstone Drive and to the west by the Marshall Canyon Drainage Channel.

For FY 2023-24, as in the seventeen previous fiscal years, costs for the maintenance, including utility expenses for the mini park, streetlights and traffic signal will not be included in this zone. City Council on May 5, 2014, approved the addition of the University of La Verne’s Campus West two parcels into this zone.

On April 4, 2016, the City Council approved a development agreement with Gilead Sciences, Inc. requiring Gilead to pay 11 times the single parcel fee in the zone which was equal to a previous entitled 11 lot industrial park on the same site. The maximum levy allowed in this Zone is $305.71 . For FY 2023-24, the levy is proposed to be $247.62 per parcel. The proposed assessment amount is lower than the maximum allowed. Application of excess reserve funds will be utilized to balance the budget while maintaining adequate reserves.

Zone 6

This zone was formed in June of 2002 as a condition of tract Map No. 52965 for the maintenance of landscaping along Fruit and Amherst Streets within the limits of the subdivision. A location map is attached as Exhibit “ G”. The zone is located to the northeast of the intersection of Fruit Street and Amherst Street. Parcels included in this zone are located on Hartshorn Ranch Place, Oak Tree Lane, and the south side of Bowdoin Street between Fruit Street and Guava Street.

The levy formula approved with the formation of the zone allows for an annual increase of up to three percent per year. For year ending March 31, 2023, the C.P.I. was 3.7 percent. The maximum assessment is thus $30 1.39 per parcel. For FY 2023-24, t he levy is proposed to be $ 301.39 per parcel which is the maximum assessment.

SECTION 3. METHOD OF APPORTIONMENT

No assessment will be made upon the properties within the Citywide District (Zone 1) for FY 2023-24.

The basis for benefit for the significant land uses for the Citywide District (Zone 1) are no longer applicable.

Within the Citywide District there are specific zones which contain unique improvements required with the original development of the properties within the specific zone. These La Verne Council Meeting Agenda Packet May 15, 2023
84 improvements are landscaping in nature and are included in the discussion in S ection 2 of this report. The costs for these improvements are assessed to the respective zones.

Each zone has its own expenditure budget. The nature of this landscaping equally benefits each parcel within the individual zone containing the landscaping. As a result of this, each parcel within a zone is equally assessed.

Zone 5, the San Polo La Verne Business Park (formerly Koll Business Park La Verne) , was unique to itself. Agreements between the Koll Company and the City of La Verne required that the San Polo La Verne Business Park participate in a specific Landscaping and Lighting Maintenance District. The improvements already included were similar to those improvements included in the Citywide District. Thus Zone 5 did not include the basic assessment for the Citywide District (Zone 1). With the transfer of the funding for the maintenance of improvements included in the Citywide District (Zone 1) from the Citywide Assessment District to the General Fund (Utility Tax) and with the application of the Utility Tax to the parcels within Zone 5, funding for the more general benefit improvements, i.e. traffic signal, mini park and streetlights have been deleted from Zone 5 and are now included in the General Fund.

SECTION 4. ESTIMATED COSTS FOR THE MAINTENANCE OF THE

IMPROVEMENTS

Total estimated expenditures for Zones 2 through 6, within District 6 for the FY 2023-24 are as follows:

La Verne Council Meeting Agenda Packet May 15, 2023
85 EXPENDITURE BUDGET

2023-24

--------------------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
-------------------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO 246-5202 FIRST & FULTON ZONE2 --------------------------------------------------------------------------------------------------------------------------------------------

PERSONNEL

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS

TOTAL PERSONNEL SERVICES $300.00 $300.00

OPERATIONAL

32-00 OTHER PROFESSIONAL SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $100.00
38-05 ANIMAL CONTROL (GOPHER) $0.00
43-05 CONTRACTUAL MAINT. SERVICE $1,680.00
54-05 LEGAL NOTICES AND PUBLICATIONS $100.00
62-51 ELECTRICITY UTILITY $400.00
62-52 CITY UTILITIES/WATER, ETC. $2,000.00
65-07 MATERIAL & NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $300.00
MISCELLANEOUS $0.00

TOTAL OPERATIONAL $4,580.00 $4,580.00

COST CENTER TOTAL $4,880.00

CREDIT (FROM RESERVES) $1,451.00

TOTAL TO BE ASSESSED $3,429.00

2023-24 CITYWIDE ASSESSMENT 0.00

2023-24 ZONE 2 EQUAL PARCEL ASSESSMENT (51 PARCELS) $67.23

TOTAL PER PARCEL $67.23

La Verne Council Meeting Agenda Packet May 15, 2023
86 EXPENDITURE BUDGET

2023-24

--------------------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
-------------------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5203 WHEELER & TABOR ZONE 3 --------------------------------------------------------------------------------------------------------------------------------------------

PERSONNEL

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS

TOTAL PERSONNEL SERVICES $600.00 $600.00

OPERATIONAL

32-00 OTHER PROFESSIONAL SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $150.00
38-05 ANIMAL CONTROL (GOPHER) $0.00
43-05 CONTRACTUAL MAINT. SERVICE $2,060.00
54-05 LEGAL NOTICES AND PUBLICATIONS $100.00
62-51 ELECTRICITY UTILITY $200.00
62-52 CITY UTILITIES/WATER, ETC. $4,500.00
65-07 MATERIAL & NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $500.00

TOTAL OPERATIONAL $7,510.00 $7,510.00

COST CENTER TOTAL $8,110.00

DEFICIT (GENERAL FUND LOAN) $4,724.00

TOTAL TO BE ASSESSED $3,386.00

2023-24 CITYWIDE ASSESSMENT $0.00

2023-24 ZONE 3 EQUAL PARCEL ASSESSMENT (34 PARCELS) $99.59

TOTAL PER PARCEL $99.59

La Verne Council Meeting Agenda Packet May 15, 2023
87 EXPENDITURE BUDGET

2023-24
--------------------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
-------------------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5204 NORTH LA VERNE ZONE 4-1 --------------------------------------------------------------------------------------------------------------------------------------------

PERSONNEL

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS

TOTAL PERSONNEL SERVICES $6,405.00 $6,405.00

OPERATIONAL

32-00 PROFESSIONAL SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $3,600.00
32-09 OTHER CONTRACTUAL SERVICES
- GENERAL $0.00
- TREES $0.00
38-05 ANIMAL CONTROL (VECTOR/GOPHER) $0.00
43-05 CONTRACTUAL MAINT. SERVICE (RLV) $25,000.00
43-05 CONTRACTUAL MAINT. SERVICE (RIPARIAN

CHANNEL)
$25,000.00
54-05 LEGAL NOTICES AND PUBLICATIONS $500.00
62-51 ELECTRICITY UTILITY $2,000.00
62-52 UTILITIES/WATER, ETC. (RLV) $45,000.00
62-52 UTILITIES/WATER, ETC. (RIPARIAN CHANNEL) $0.00*
64-00 MISC. MATERIALS & SUPPLIES $0.00
64-07 MATERIAL & NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $2,500.00

TOTAL OPERATIONAL $103,600.00 $103,600.00

CAPITAL IMPROVEMENTS
TREE REPLACEMENT RESERVE $0.00
TOTAL CAPITAL IMPROVEMENTS $0.00 $0.00

COST CENTER TOTAL

$110,005.00
*GENERAL BENEFIT RIPARIAN CHANNEL
(50% CITY GENERAL FUND CONTRIBUTION)
$0.00

DEFICIT (GENERAL FUND LOAN) $33,406.00

TOTAL TO BE ASSESSED $76,599.00

2023-24 CITYWIDE ASSESSMENT $0.00

2023-24 ZONE 4-1 EQUAL PARCEL ASSESSMENT (540 PARCELS) $141.85

TOTAL PER PARCEL $141.85
La Verne Council Meeting Agenda Packet May 15, 2023
88 EXPENDITURE BUDGET

2023-24
--------------------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
-------------------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5205 LIVE OAK ZONE 4-2 --------------------------------------------------------------------------------------------------------------------------------------------

PERSONNEL

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS

TOTAL PERSONNEL SERVICES $4,075.00 $4,075.00

OPERATIONAL

32-00 OTHER CONTRACTIONAL. SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $2,600.00
43-05 CONTRACTUAL MAINT. SERVICE $30,000.00
54-15 LEGAL NOTICES AND PUBLICATIONS $1,000.00
62-51 ELECTRICITY UTILITY . $2,500.00
62-52 CITY UTILITIES/WATER, ETC. $29,000.00
65-07 MATERIALS/NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $1,000.00
64-00 MISC. MATERIALS & SUPPLIES $0.00

TOTAL OPERATIONAL $66,100.00 $66,100.00

COST CENTER TOTAL $70,175.00

CREDITED (FROM RESERVES) $22,371.00

TOTAL TO BE ASSESSED $47,804.00

2023-24 CITYWIDE ASSESSMENT 0.00

2023-24 ZONE 4-2 EQUAL PARCEL ASSESSMENT (325 PARCELS) $147.09

TOTAL PER PARCEL $147.09

La Verne Council Meeting Agenda Packet May 15, 2023
89 EXPENDITURE BUDGET

2023-24

--------------------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
-------------------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5207 LA VERNE BUSINESS PARK* ZONE5 --------------------------------------------------------------------------------------------------------------------------------------------

PERSONNEL

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATIONS COSTS

TOTAL PERSONNEL SERVICES $2,040.00 $2,040.00

OPERATIONAL

32-09 CONTRACTUAL $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $1,100.00
38-05 ANIMAL CONTROL (GOPHER) $0.00
43-05 CONTRACTUAL MAINT. SERVICE $16,100.00
54-05 LEGAL NOTICES AND PUBLICATIONS $1,000.00
62-51 ELECTRICITY UTILITY - LANDSCAPING. $1,250.00
62-52 CITY UTILITIES/WATER, ETC. $2,500.00
65-07 MATERIALS.NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $0.00
64-00 MISCELLANEOUS SUPPLIES $0.00

TOTAL OPERATIONAL $21,950.00 $21,950.00

CAPITAL IMPROVEMENTS

PUDDINGSTONE MEDIAN UPGRADES $0.00
5 YR TREE TRIMMING RESERVE $0.00

TOTAL CAPITAL IMPROVEMENTS $0.00 $0.00

COST CENTER TOTAL $23,990.00

CREDIT (FROM RESERVES) $4,180.00

TOTAL TO BE ASSESSED $19,810.00

2023-24 CITYWIDE ASSESSMENT 0.00

2023-24 ZONE 5 PARCEL ASSESSMENT
(67 EQUAL PARCEL ASSESSMENTS PARCELS ASSESSMENTS,
11 PARCELS FOR GILEAD PER DEVELOPMENT AGREEMENT,
AND 2 PARCELS FOR UNIVERSITY OF LA VERNE.
80 TOTAL PARCEL ASSESSMENTS) $247.62/PARCEL

TOTAL PER EACH PARCEL $247.62/PARCEL
*Formerly Koll/San Polo Business Park
La Verne Council Meeting Agenda Packet May 15, 2023
90 EXPENDITURE BUDGET

2023-24

--------------------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
-------------------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5206 TRACT 52965 ZONE6 --------------------------------------------------------------------------------------------------------------------------------------------

PERSONNEL

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS

TOTAL PERSONNEL SERVICES $720.00 $720.00

OPERATIONAL

32-00 OTHER CONTRACTIONAL SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $200.00
38-05 ANIMAL CONTROL (GOPHER)L $0.00
43-05 CONTRACTUAL MAINT. SERVICE $6,400.00
54-05 LEGAL NOTICES AND PUBLICATIONS $200.00
62-51 ELECTRICITY UTILITY - LANDSCAPING. $500.00
62-52 CITY UTILITIES/WATER, ETC. $2,500.00
64-00 MISCELLANEOUS SUPPLIES $0.00
65-07 MATERIALS NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $0.00

TOTAL OPERATIONAL $9,800.00 $9,800.00

CAPITAL IMPROVEMENTS

TREE TRIMMING RESERVE $ 0.00

TOTAL CAPITAL IMPROVEMENTS $ 0.00 $ 0.00

COST CENTER TOTAL $10,520.00

DEFICIT (GENERAL FUND LOAN) $1,478.00

PAYMENT OF DEFICIT (FROM CITY) ($0.00)

TOTAL TO BE ASSESSED $9,042.00

2023-24 CITYWIDE ASSESSMENT 0.00

2023-24 ZONE 6 EQUAL PARCEL ASSESSMENT (30 PARCELS) $301.39

TOTAL PER PARCEL $301.39

La Verne Council Meeting Agenda Packet May 15, 2023
91 SECTION 5. DIAGRAM FOR THE ASSESSMENT DISTRICT

A copy of the assessment diagram is on file with the office of the City Clerk of the City of La Verne as “Exhibit A”. Reduced diagrams for Zones 2, 3, 4-1, 4-2, 5, and 6 are attached for your convenience as Exhibits “B”, “C”, “D”, “E”, “F”, and “G” respectively. Full size maps are available in the office of the City Engineer.

SECTION 6. ASSESSMENT

The landscaping was developed and is maintained for the benefit and enjoyment of all the properties included within the assessment district boundaries, and all parcels benefit from the improvements.

The net amounts to be assessed are:

City-wide Base Amount

$ 0.00

Zone 2
$ 3,429.00
Zone 3
$ 3,386.00
Zone 4-1
$76,599.00
Zone 4-2
$47,804.00
Zone 5
$19,810.00
Zone 6
$ 9,042.00

In order to balance the expenditures versus the assessments for this FY, a credit from the reserves of Zones 2, 4-2 and 5 was applied, while Zones 3, 4-1 required general fund loans. Proposed assessment for Zone 6 will generate adequate revenue to cover expenditures for this FY.

As required by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention and the initiation of these proceedings as each parcel has been given a separate number upon said Diagram.

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City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Cody A. Howing, City Engineer

SUBJECT: LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 7

ENGINEER’S REPORT

SUMMARY
The City Council is requested to review, provide preliminary approval, and set a Public Hearing for the Engineer’s Report for Landscape and Lighting Maintenance District No. 7, for June 19, 2023.

RECOMMENDATION
Staff is recommending that City Council adopt the attached Resolution No. 23-21, approving the Engineer’s Report, setting the public hearing for June 19, 2023.

DISCUSSION
Pursuant to the provisions of Division 15, Part 2, of the Streets and Highway Code, an Engineer’s Report for Landscape and Lighting Maintenance District No. 7 (La Verne Heights III) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year (FY) 2023-24 and sets the public hearing for June 19, 2023. There is a proposed increase to the assessment amount levied for this FY to address increased maintenance costs.

The proposed assessment amount of $684.00 is below the maximum allowable assessment of $693.26.

On January 3, 1995, the City Council, by adopting Resolution No. 95-2, formed Landscape and Lighting District No. 7 (District). This District was formed to maintain the fuel modification zones included in the La Verne Heights III (Lewis Homes) housing development. The creation of the District was a requirement of the La Verne Heights Specific Plan.

An expenditure budget was prepared and approved in 1995 estimating the total cost to maintain the transitional landscaping and the fuel modification zones at $128,940 or $693.26 per parcel.

For FY 1995-96 a zero assessment was levied since it was assumed that none of the areas would be completed for City maintenance. Because of a credited developer paid surplus paid in 1996- 97, the levy on each parcel had been at a lesser amount ($534.54) than the maximum allowed assessment amount of $693.26. In FY 2009-10, the levy was raised to the maximum allowed in the District ($693.26) since the developer paid surplus was almost expended.

Assessments for prior years have been at a reduced level to reflect budget reductions within the District. Recent increases to contractual services have required that the assessment be increased while still applying district reserves. The proposed assessment of $684.00 represents a 3.6% increase to the levied assessment from the prior year. The proposed assessment is below La Verne Council Meeting Agenda Packet May 15, 2023
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the maxim
um allowable assessment of $693.26 per parcel. This proposed increase combined with the application of built -up reserves will cover operational costs for this FY. Adequate fuel modification reserves will still be maintained.

FISCAL ANALYSIS
Based on the proposed budget for FY 2023-24, application of surplus funds in the amount of $85,523.00 is required to balance the budget. Adequate reserve funds are available.

ENVIRONMENTAL ANALYSIS
The annual maintenance of Landscape and Lighting Maintenance District No. 7 related facilities is categorically exempt from the California Environmental Quality Act, Section 15301 and City of La Verne environmental guidelines.

LEGAL REVIEW
Not applicable.

ATTACHMENTS

1. Resolution No. 23-21

2. Draft Engineer’s Report District No. 7
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RESOLUTION NO. 23-21

A RESOLUTI

ON OF THE CITY COUNCIL, CITY O F LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING T HE “ENGINEERS REPORT” FOR ANNUAL LEVY O F ASSESSMENTS FOR FISCAL YEAR 2023 -24 I N THE

EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT W ITHIN SAID

CITY, DECLARING I TS INTENTION TO PROVIDE F OR ANNUAL LEVY A ND

COLLECTION OF ASSESSMENTS F OR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, O F THE STREETS AND HIGHWAYS CODE

OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #7)
WHEREAS, thi
s City Council has previously formed a Landscaping District pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the “Landscaping and Lighting Act of 1972,” for a maintenance district to be known and designated as

CITY OF

LA VERNE
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 7
(hereinafter
referred to as the “District”); and,
WHEREAS, at t
his time the City Council is desirous to take proceedings to provide for the reduced annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for one year of the maintenance of the improvements within said District; and
WHEREAS, at t
his time there has been presented to this City Council the Engineer’s Report as required by Division 15 of the Streets and Highways Code, and at this time, this City Council is desirous of proceeding with the proceedings for said annual levy;
WHEREAS, thi
s City Council has now carefully examined and reviewed the “Engineer’s Report” as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessment, on a preliminary basis, has been spread in accordance with the benefits received from the maintenance to be performed as set forth in said “Engineer’s Report.” La Verne Council Meeting Agenda Packet May 15, 2023
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NOW,

THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:

RECITALS

SECTION 1. That the above recitals are all true and correct.

PUBLIC INTEREST

SECTION 2. A. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the reduced annual levy and collection of special assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof.

B. That the improvements to be maintained are substantially the same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantial changes proposed to be made in any existing improvements or maintenance thereof.

REPORT

SECTION 3. That the “Engineer’s Report” as presented, consisting of the following:

A. Plans and Specifications

B. Estimate of Cost for one-year’s assessment

C. Diagram of the Maintenance District

D. Assessment of the Reduced Estimated Cost

is hereby approved on a preliminary basis for Fiscal Year 2023-24 and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

That the City Clerk shall certify to the passage and adoption of this resolution and the minutes of this meeting shall so reflect the presentation of the “Engineer’s Report.”

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ASSESSMEN
T
SECTION 4.

That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said “Engineer’s Report,” and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said “Engineer’s Report.”

DESCRIPTI

ON OF MAINTENANCE
SECTION 5
. The assessments which are to be levied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the “Engineer’s Report,” referenced and incorporated herein.

COUNTY AUDITO
R
SECTION 6. T
he County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District.

SPECIAL F
UNDS
SECTION 7
. That all monies collected shall be deposited in the previously established fund known as

LANDSCAPING & L
IGHTING MAINTENANCE DISTRICT NO. 7
Payment sh
all be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution.

BOUNDARIES OF

DISTRICT
SECTION 8
. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon the District, which District said City Council hereby declares to be the District benefited by said improvements and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each parcel of land within the boundaries of La Verne Council Meeting Agenda Packet May 15, 2023
107
said D
istrict as said District is shown in a map as approved by this City Council and on file in the Office of the City Clerk and so designated by the name of the District.

PUBLIC PROP
ERTY
SECTION 9.

Any lot or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work.

PUBLIC HEARING
SECTION 1

0. NOTICE IS HEREBY GIVEN THAT ON THE 19th DAY OF JUNE, 2023 AT THE HOUR OF 6:30 P.M. IN THE CITY COUNCIL CHAMBERS OF LA VERNE

CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE

HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY

OF MAINTENANCE ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO

WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE

A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 11. T
he Assistant City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law.

SECTION 1

2. That the Assistant City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used by the City for posting of notices.

EFFECTIVE D
ATE
SECTION 1

3. This Resolution is adopted pursuant to the provisions of Section 22623, et seq. of the Streets & Highways Code of the State of California shall take effect immediately upon its adoption.

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PROC

EEDINGS INQUIRIES
SECTION 1

4. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

City Engi
neer
City of La Verne
3660 “D” Street
La Verne, California 91750
(909) 596-8706

PASSED, APPRO
VED AND ADOPTED this 15th day of May 2023.
_________________
_____________
Tim Hepburn, Mayor
ATTEST:
_________________
___________________
Lupe Gaeta Estrella, Assistant Assistant City Clerk
I, Lupe Gaeta E
strella, Assistant City Clerk of the City of La Verne, DO HEREB Y CERTIFY that Resolution No. 2 3-21 was duly passed and adopted by the said City Council at a regular meeting of the said Council held on the 15th day of May 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAI
N:
_________________
___________________
Lupe Gaeta Estrella, Assistant Assistant City
Clerk
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CITY OF LA VERNE

ENGINEER'S REPORT

AFTER FORMATION OF LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 7

FISCAL YEAR 2023-24

SECTION 1. AUTHORITY FOR REPORT

This report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Landscape and Lighting District No. 7 (“District”) a special benefit assessment district, provides limited funding for the maintenance of open space within the oak tree preserve, equestrian and pedestrian trails and the fuel modified landscaped areas owned by the City of La Verne or provided for by easements to the City of La Verne.

Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value.

The boundary of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of La Verne as Exhibit “A,” (Pages 1 thru 4). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor’s office.

SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS

The fuel modification zone is illustrated in Exhibits 2- 27 and 2-28 of the La Verne Heights Specific Plan, a copy of which is on file in the Office of the City Clerk. It has been created to protect residential land uses from wildland fires within La Verne Heights along the interface between developed and non- developed land uses. Fire-retardant qualities useful for fuel modification procedures involve plants with a low growth habit and fuel volume with a low heat output when burned.

Fuel modification principles used implement a combination of wildfire suppression techniques currently employed by various agencies in Southern California. In general, significant specimens of existing desirable, low fuel plant species located within the zone will continue to be preserved, trimmed and maintained. Representative species include mature coast live oak, toyon, and sycamore. Areas within the zone are subject to fuel La Verne Council Meeting Agenda Packet May 15, 2023
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modification specifications for each hazard classification. Fuel modified slopes will provide for adequate fire safety, and minimal visual, biotic and erosion impacts.

The portion
of the Specific Plan west of Esperanza Drive and south of the main community entrance and south of Ridgeview Drive have been designated “ex treme fire hazard,” primarily due to type and density of vegetation and slope. The first 100-feet from the structure will require 100 percent removal of vegetation (excluding healthy oak trees) and replanting the area with low fuel plant species. Since a perimeter road concept has been employed, a majority of this 100-foot zone will be utilized by front yard landscaping, roadway pavement, pedestrian trails and introduced landscaping, thereby minimizing or eliminating required removal of natural vegetation. The next 200 -feet will require a combination of the same fuel modification techniques, but with the replanting of low fuel plant species. Healthy oak trees in all zones shall be pruned of dead material a minimum of six feet above average existing grade. All areas beyond the limit of the Extreme Fire Hazard Zone (300-feet from the edge of structures) will remain in natural unmodified open space.

The remaind
er of the perimeter areas are designated as “High Fire Hazard,” as shown in Exhibit 2-27 of the La Verne Heights Specific Plan. The majority of this area is located along Marshall Canyon and is highly visible from existing development. The High Fire Hazard Zone requires much less fuel modification than the extreme zone, resulting in fewer visual impacts. The High Fire Hazard Zone is divided into two areas. The first 100-feet from the structure requires 100 percent vegetation removal (excluding healthy oak trees) and replanting the area with low fuel plant species. The next 100-feet requires fuel modification as previously discussed. Areas beyond this zone will remain in natural open space, with no fuel modification.

The High Fi
re Hazard Zone - Internal Canyon Area is identical to the standard high fire hazard are in that the 100- foot/100 percent removal zone and remaining Fuel Modification Zone are identical. All healthy oaks in the Internal Canyon Area will be preserved with some minor pruning potentially being required. This canyon area contains the extension of the Oak Tree Preserve. All oak trees will be preserved in the Fuel Modification Zone. No external view -shed impacts are associated with fuel modification activities in this zone.

Part of the d
evelopment of the fuel modification zones is planting of low fuel plant species. This planting is generally referred to as transitional landscaping. A separate line item has been included in the budget.

The last ele
ment of this District is the maintenance of open space. While this is a massive area, little maintenance is expected except for the trail systems.

SECTION 3
. METHOD OF APPORTIONMENT
The net amo
unt to be assessed upon the properties within the District is apportioned by a formula and method which equally distributes the amount of benefit among all assessable parcels. T he maintenance of the slopes provides a special benefit which is received by each and every lot or parcel within the District.

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SECTION 4. DIAGRAM FOR THE ASSESSMENT DISTRICT
A reduced copy of
the assessment diagram is attached as Exhibit “A.” Full siz e maps are available in the office of the City Engineer. The zone is located west of Esperanza Drive and south of Golden Hills Road. The zone is bound to the south and west by open space. The parcels included in this zone compose the La Verne Heights Community.

1. T he water usage f
or the established areas was less than the first two years of growth.

2. The require
d maintenance for the established areas is less than previous years.

For FYs 1999-00 t
hrough 2006-07, the $106,328.00 budgets were proposed to be approximately at the FY 1998-99 level with surpluses from previous year’s assessments reducing the assessment to $99,425.00, the FY 1998-99 level. For FY 2007-08 and 2008- 09 the budget was increased to $135,219 due to increased costs to maintain fuel modification areas. For FY 2009- 10, the budget was increased to $150,363. That increase was due to an increase in the maintenance levels for transitional landscaping and open space fuel modification. In addition, the cost of water increased by 20 percent.

In order to reduce the assessment deficit, the levy was increased from $534.54 per parcel to the maximum allowed within the district of $693.26 per parcel as established with the formation of the district. For FY 2010-11 the budget was reduced to $132,828.00 due to reduction in water usage. For FY 2011- 12 there was a slight increase in the budget to $134,075.00 with a credited surplus of $5,129.00 from previous fiscal years balances the budget with assessments. For FY 2012-13 the budget was again slightly increased to $142,174.00 with previous years surpluses being credited to balance the assessment.

For FY 2013-14 the budget was reduced to $132,246 with previous year’s surpluses being credited to balance the assessment. For FY 2014-15 the budget was increase d to $137,400.00 with previous years surpluses being credited to balance the assessment.

For FY 2015-16 the budget increased to $186,000 with previous years surpluses being credited to balance the assessment. The increase was due to a proposed one-time improvement to the storm drain system ($10,000.00) and increas ed fuel modification La Verne Council Meeting Agenda Packet May 15, 2023
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$40,000.00. In FY 2016-17 the budget decreased to $154,500 with the completion of the 2015-16 storm drain improvements and the maj or fuel modific ation projects. Previous year’s surpluses were credited to balance the assessments. For FY 2017-18 the budget increased to $166,630.00 from $154,500.00 in order to replace the controll er’s “cellular” cards. There were adequate reserves to fund the short fall between the amount that can be assessed and the cost center total. For FY 2018-19, the budget was decreased to $162,138.00 with the reserves funding the short fall. While the assessment remained at the maximum of $693.26, the levy was reduced to $650.00 per parcel because of the high reserves. For FY 2019-20, the budget was decreased to $158,167.00. The levy was again decreased from the maximum of $693.26 and the 2018- 19 levy of $650.00 per parcel to $600.00 per parcel with the reserves used to balance the budget. For FY 2020- 21 the budget was increased to $163,453.00. The assessment levy was held at the 2019- 20 amount of $600.00 per parcel. For FY 2021-22 the budget increased to $185,547. The assessment levy was increased to $630 per parcel along with application of reserves from the prior year to balance the budget. For FY 2022-23 the budget increased to $210,967.

The assessment levy was increased to $660 per parcel and included application of reserve funds to balance the budget. For FY 2023-24 the budget is proposed to increase to $212,747 resulting from increased contractual services costs. The assessment levy will be held at the prior year’s assessment of $660 per parcel in conjunction with application of reserves from the prior year to balance the budget. Adequate reserves are still being maintained for fuel modification in future years.

As requir
ed by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention and the initiation of these proceedings, as each parcel has been given a separate number upon s aid Diagram.

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EXPENDIT

URE BUDGET
2023-24
-------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5208 LA VERNE HEIGHTS III DISTRICT7 -------------------------------------------------------------------------------------------------------------------------------

PERSONNEL SERVICES

REGULAR SALARIES AND WAGES

PART TI

ME WAGES

FRINGE BENEFIT COSTS
ADMI

NISTRATION COSTS
TOTAL PERSONN EL SERVICES $14,247.00

OPERATIONAL
32-00 OTHER PROFESSIONAL SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $2,500.00
32-09 OTHER CONTRACTUAL SERVICES $105,000.00
43-05 CONTRACTUAL MAINT. SERVICE $37,200.00
• OPEN SPACES AND TRANSITIONAL
LANDSCAPING $33,480.00

TRAILS $0.00
• WET LANDS
$0.00
• DRAINAGE S
TRUCTURE $3,720.00

MAINTENANCE
54-05 LEGAL
NOTICES AND PUBLICATIONS $500.00
62-51 ELECTRICITY UTILITY $300.00
62-52 CITY UTILITIES/WATER, ETC. $50,000.00
64-00 MISC. MATERIALS & SUPPLIES $0.00
65-07 MATERIALS/NURSERY ITEMS $0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $3,000.00
OPERATIONAL TOTAL $198,500.00
FUND FOR TREE TRIMMING (5 YEAR) $0.00
COST CENTER TOTAL $212,747.00
CREDITED RESERVES $85,523.00
TOTAL TO BE ASSESSED $127,224.00
-------------------------------------------------------- 2023-24 DISTRICT 7 EQUAL PARCEL ASSESSMENT (186 PARCELS) $684.00 La Verne Council Meeting Agenda Packet May 15, 2023
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City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Cody A. Howing, City Engineer

SUBJECT: LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 8

ENGINEER’S REPORT

RECOMMENDATION
Staff is recommending that City Council adopt the attached Resolution No. 23-22, approving the Engineer’s Report, setting the public hearing for June 19, 2023.

DISCUSSION
Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, an Engineer’s Report for Landscape and Lighting Maintenance District No. 8 (Marshall Canyon Estates Specific Plan development) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year (FY) 2023-24 and sets the public hearing f or June 19, 2023. It is proposed to set the levy at the 1996 -97 approved full year’s assessment of $249.70 per parcel.

On January 3, 1995, the City Council approved Resolution No. 95- 3 overruling protests and providing for the formation of Landscape and Lighting Maintenance District No. 8 and the annual levy and collecting of assessments for Landscaping and Lighting District No. 8. At that time, it was anticipated that within a year Lewis Homes would have completed the construction and the City would accept the fuel modification area and the linear park (open space) for maintenance in FY 1996-97.

An expenditure budget was prepared and approved in 1995 estimating a full one year’s maintenance cost of $45,445 ($249.70 per parcel) to be levied in FY 1996-97. The levy for 1995- 96 was set at zero since no areas were to be maintained by the City. Since FY 1996- 97, the assessment budget increased as the City accepted additional areas for maintenance and as maintenance and utility costs have increased.

In 2004/05, the City accepted all the fuel modification areas for maintenance. While the cost to maintain the District increased over the years, exceeding the maximum allowed to be assessed ($45,196), previous years surpluses were used to hold the assessment at the 1995 approved levy of $249.70 per parcel. No increases to the District 8 budget are proposed for this FY , the total amount will remain at $65,016.00. With the application of credited reserves, the levy is proposed at $249.70 per parcel. Adequate fuel modification reserves will remain in the District.

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FISCAL ANALYSIS
Based on the proposed budget for FY 2023-24, application of surplus funds in the amount of $19,820.00 is required to balance the budget. Adequate reserve funds are available.

ENVIRONMENTAL ANALYSIS
The annual maintenance of Landscape and Lighting Maintenance District No. 8 related facilities is categorically exempt from the California Environmental Quality Act, Section 15301 and City of La Verne environmental guidelines.

LEGAL REVIEW
Not applicable.

ATTACHMENTS

1. Resolution No. 23-22

2. Draft Engineer’s Report District No. 8
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RESOLUTION NO. 23-22

A RESOLUTI

ON OF THE CITY COUNCIL, CITY O F LA VERNE, COUNTY O F LOS ANGELES, STATE O F CALIFORNIA, APPROVING T HE “ENGINEERS REPORT” FOR ANNUAL LEVY O F ASSESSMENTS FOR FISCAL YEAR 2023 -24 I N THE

EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT W ITHIN SAID

CITY, DECLARING I TS INTENTION TO PROVIDE F OR ANNUAL LEVY A ND

COLLECTION OF ASSESSMENTS F OR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, O F THE STREETS AND HIGHWAYS CODE

OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #8)
WHEREAS, thi
s City Council has previously formed a Landscaping District pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the “Landscaping and Lighting Act of 1972,” for a maintenance district to be known and designated as

CITY OF

LA VERNE
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 8
(hereinafter
referred to as the “District”); and,
WHEREAS, at t
his time the City Council is desirous to take proceedings to provide for the reduced annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for one year of the maintenance of the improvements within said District; and
WHEREAS, at t
his time there has been presented to this City Council the Engineer’s Report as required by Division 15 of the Streets and Highways Code, and at this time, this City Council is desirous of proceeding with the proceedings for said annual levy;
WHEREAS, thi
s City Council has now carefully examined and reviewed the “Engineer’s Report” as presented, and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessment, on a preliminary basis, has been spread in accordance with the benefits received from the maintenance to be performed as set forth in said “Engineer’s Report.” La Verne Council Meeting Agenda Packet May 15, 2023
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NOW, THERE

FORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:

RECITALS
SECTION 1
. That the above recitals are all true and correct.

PUBLIC INT
EREST
SECTION 2
. A. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the reduced annual levy and collection of special assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof.

B. That the i
mprovements to be maintained are substantially the
same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantial changes proposed to be made in any existing improvements or maintenance thereof.

REPORT
SECTION 3
. That the “Engineer’s Report” as presented, consisting of the following:

A. Plans and S
pecifications
B. Estimate
of Cost for one-year’s assessment
C. Diagram of
the Maintenance District
D. Assessm
ent of the Reduced Estimated Cost
is hereby appr
oved on a preliminary basis for Fiscal Year 2023-24 and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

That the City Clerk shall certify to the passage and adoption of this resolution and the minutes of this meeting shall so reflect the presentation of the “Engineer’s Report.”

ASSESSMENT
SECTION 4
. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set La Verne Council Meeting Agenda Packet May 15, 2023
122
fort
h and described in said “Engineer’s Report,” and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said “Engineer’s Report.”

DESCRIPTI

COUNTY AUDITO
R
SECTION 6
. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same mann er as County taxes are collected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District.

SPECIAL F
UNDS
SECTION 7
. That all monies collected shall be deposited in the previously established fund known as

LANDSCAPING & L
IGHTING MAINTENANCE DISTRICT NO. 8
Payment sh
all be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, money from any available source, such funds as it may deem neces sary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution.

BOUNDARIES OF

DISTRICT
SECTION 8
. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon the District, which District said City Council hereby declares to be the District benefited by said improvements and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each parcel of land within the boundaries of said District as said District is shown in a map as approved by this City Council and on file in the Office of the City Clerk and so designated by the name of the District.

PUBLIC PROP
ERTY
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SECT
ION 9. Any lot or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work.

PUBLIC HEARING
SECTION 1

0. NOTICE IS HEREBY GIVEN THAT ON THE 19th DAY OF JUNE, 2023 AT THE HOUR OF 6:30 P.M. IN THE CITY COUNCIL CHAMBERS OF LA VERNE

CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE

HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY

OF MAINTENANCE ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO

WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE

A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 1

1. The Assistant City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law.

SECTION 1

2. T hat the Assistant City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used by the City for posting of notices.

EFFECTIVE D
ATE
SECTION 1

3. This Resolution is adopted pursuant to the provisions of Section 22623, et seq. of the Streets & Highways Code of the State of California shall take effect immediately upon its adoption.

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PROC

EEDINGS INQUIRIES
SECTION 1

City Engi
neer
City of La Verne
3660 “D” Street
La Verne, California 91750
(909) 596-8706

PASSED, APPRO
VED AND ADOPTED this 15TH day of May 2023.
_________________
_____________
Tim Hepburn, Mayor
ATTEST:
_________________
______________________
Lupe Gaeta Estrella, CMC, Assistant City Clerk
I, Lupe Gaeta E
strella, Assistant City Clerk of the City of La Verne, DO HEREB Y CERTIFY that Resolution No. 2 3-22 was duly passed and adopted by the said City Council at a regular meeting of the said Council held on the 15th day of May 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAI
N:
_________________
______________________
Lupe Gaeta Estrella, CMC, Assistant City Clerk
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CITY OF L

A VERNE

ENGINEER'

S REPORT

AFTER FO

RMATION OF LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 8

FISCAL YEAR
2023-24
SECTION 1
. AUTHORITY FOR REPORT
This report
is prepared pursuant to the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Landscape and
Lighting District No. 8 (“District”) a special benefit assessment district, provides funding for the maintenance of the neighborhood park and fuel modified landscaped areas all owned by the City of La Verne or provided for by easements to the City of La Verne.

Section 22
573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value.

The boundary
of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of La Verne as Exhibit “A,” Pages 1 thru 3). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor’s office.

SECTION 2
. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS

COMMUNITY AND NEIGHBORHOOD PARK
The communi
ty park created with the Marshall Canyon development was designed to be accessed and utilized by the neighborhoods surrounding the development. This park will thus be included in Citywide Landscaping and Lighting District Number 6 for maintenance purposes which is now being funded by the City’s utility tax. The neighborhood park, referred to in some City documents as “linear park” can be accessed by the general public from the community park but is more likely to be used by the Marshall Canyon development. For this reason one- half of the maintenance cost of the linear park has been included in District No. 8. The second half of the maintenance will be included in the General Fund budget. Maintenance of appurtenant drainage devices and facilities are included in the “District.”
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FUEL MODIFICATION

The fuel modification zone is illustrated in Exhibits 62 and 63 of the Marshall Canyon Estates Specific Plan, a copy of which is on file in the Office of the City Clerk. It has been created to protect residential land uses from wildland fires within Marshall Canyon Estates along the interface between developed and non- developed land uses. Fire- retardant qualities useful for fuel modification procedures involve plants with a low growth habit and fuel volume with a low heat output when burned.

Fuel modification principles used implement a combination of wildfire suppression techniques currently employed by various agencies in Southern California. In general, significant specimens of existing desirable, low fuel plant species located within the zone will continue to be preserved, trimmed and maintained. Representative species include mature coast live oak, toyon, and sycamore. Areas within the zone are subject to fuel modification specifications for each hazard classification. Fuel modified slopes will provide for adequate fire safety, and minimal visual, biotic and erosion impacts.

Maintenance of appurtenant drainage devices and facilities are included in the “District.”

Areas to the north of the custom home area have been designated as an extreme fire hazard zone due to the character of the existing vegetation and slope. Modification procedures for the extreme fire hazard area require a 300- foot zone. The first 100 feet (Zone A) from structures require 100 percent removal of vegetation (excluding preserved specimens) and re-vegetating with a low fuel plant species. The next 200 feet require a combination of fuel modification techniques and re-vegetation with low fuel plant species.

Healthy oaks and other significant trees in all zones shall be pruned of dead material a minimum of six feet above average existing grade. All areas beyond the limit of the extreme fire hazard zone (300 feet from the edge of structures) will remain in natural unmodified open space.

Limited areas of the site adjacent to the golf course and flatter portions of valleys in the custom home area represent a high fire hazard condition. Other than being a reduced zone of modification (300 feet to 200 feet), all facets of the modification procedure remain the same.

Moderate fire hazard zones occur around the existing homes and in the neighborhood park adjacent to the golf course. Although the existing homes are surrounded on two sides by extreme fire hazard conditions, the groves of ornamental trees and irrigated nature of the landscape create a less hazardous condition. The highly volatile species have been removed and the dead material on healthy oaks have been pruned to a minimum of six feet above average grade. Modified areas have been replanted with low fuel plant material.

SECTION 3. METHOD OF APPORTIONMENT

The net amount to be assessed upon the properties within the District is apportioned by a formula and method which equally distributes the amount of benefit among all assessable parcels. The maintenance of the slopes provides a special benefit which is received by each and every lot or parcel within the District. Assessment No. 183 (Lot 183 of Tract 45586) was an existing prior to the subdivision of Tract 45586. The improvements La Verne Council Meeting Agenda Packet May 15, 2023
127
installed with Tract 45586 were for the benefit of the new homes in Tract 45586. Because of this pre-existing condition, Lot 183 will have a zero assessment.

SECTION 4
. DIAGRAM FOR THE ASSESSMENT DISTRICT
A reduced copy of
the assessment diagram is attached as Exhibit “A.” Full size maps are available in the office of the City Engineer. The location of this zone is north of Golden Hills Road a nd includes the Marshall Canyon Estates community. The area is bound generally on the west by Brydon Road, to the east by Stephens Ranch Road and to the north by open space.

SECTION 5. ASSESSMENT
The fuel mo
dified landscaping was developed and is maintained for the benefit and enjoyment of all the properties included within the assessment district boundaries, and all parcels benefit from the improvements. The amount to be assessed upon the assessable lands within the District for Fiscal Y ear (FY) 1996-97 was $45,445.00. Since it was anticipated that the areas would not be ready for acceptance by the City for maintenance until mid -FY 1996-97, the assessment was reduced by one- half over that which is anticipated to maintain the area in the originally approved “Report.” For FY 1997-98 through 2003-04 the assessment was to return to the amount necessary to maintain all of the proposed fuel modified areas for a full year. Since some of the areas to be maintained were not accepted by the City, the assessment remained for FY 1997-98 through 2002-03 at the 1996-97 level of one-half the full year’s rate. All areas required to be maintained by the City were accepted by the City in July 2003. For FY 2003-04 the budget was increased because of the increased cost to maintain the linear park and drainage structures with the levy at the maximum assessment set in 1995 ($249.70 per parcel). Surpluses from the previous years were applied to balance the budget s. In FY 2017-18 the budget increased in order to replace the controller’s “cellular” cards. Previous surplus “reserves” were being used to balance the budget. In FY 2018-19 and 2019-20, the assessment remained at the 2003-04 level of $249.70 per parcel, with reserves used to balance the budget. In FY 2020-21 the budget decreased allowing the assessment to remain at $249.70 per parcel, with reserves again being used to balance the budget. For FY 2021-22 the budget increased to $55,016.00. The assessment remained at $249.70 per parcel with application of reserves to balance the budget. For FY 2022-23 the budget increased to $65,016. The assessment remained at $249.70 per parcel with reserv es used to balance the budget. For FY 2023-24 the budget was maintained in line with the prior FY. The assessment will remain at $249.70 per parcel with reserves used to balance the budget. Adequate fuel modification reserves will still remain in the district.

As requir
ed by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention and the initi ation of these proceedings, as each parcel has been given a separate number upon said Diagram.

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EXPENDITURE BUDGET
2023
-24
---
----------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5209 MARSHALL CANYON DISTRICT 8 -------------------------------------------------------------------------------------------------------------------------------

PERSONNEL SERVICES

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICE $ 7,816.00

OPERATIONAL
32 -00 OTHER PROFESSIONAL SERVICES $ 0.00
32 -05 ARCHITECT/ENGINEERING SERVICES $ 2,500 .00
32-09 OTHER CONTRACTUAL SERVICES $ 20, 000.00
43-05 CONTRACTUAL MAINT. SERVICE $ 2 8 ,500.00
• (FUEL MODIFICATION) $ 1 8, 500.00
• 1/2 LINEAR PARK $ 0.00
• DRAINAGE IMPROVEMENTS $ 10,000 .00
54-05 LEGAL NOTICES AND PUBLICATIONS $ 500.00
62-51 ELECTRICITY UTILITY $ 7 00.00
62-52 CITY UTILITIES/WATER, ETC. $ 5 ,0 00.00
64-00 MISC. MATERIALS & SUPPLIES $ 0.00
65-07 MATERIALS/NURSERY ITEMS $ 0.00
65-16 SPRINKLER/IRRIGATION SUPPLIES $ 0.00
O
PERATIONAL TOTAL $ 5 7, 200.00
FUND FOR TREE TRIMMING (5 YEAR) $0.00
COST CENTER TOTAL $65,016.00
CR
EDIT (FROM RESERVES) ($19,820.00)
T
OTAL TO BE ASSESSED $45,196.00
---
------------------------------------------------------- 2023-24 DISTRICT NO. 8 EQUAL PARCEL ASSESSMENT (181 PARCELS) $ 249.70 ---
-----------------------------------------------------
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City of La Verne, City Council
Agenda Report
DATE: May 15, 2023
TO: Honorable May
or and City Council
FROM: Cody A
. Howing, City Engineer
SUBJECT: MAINTENANCE DISTRICT NO. 84-1M, ESPERANZA ROAD SLOPES; ENGINEER’S REPORT

SUMMARY
The City Council is requested to review, provide preliminary approval, and set a Public Hearing for the Engineer’s Report for Maintenance District No. 84-1M, for the Esperanza Road slopes for June 19, 2023.

RECOMMENDATION
Staff is recommending that City Council adopt the attached Resolution N o. 23 -23, preliminarily approving the Engineer’s Report and setting the public hearing for June 19, 2023.

DISCUSSION
Attached for City Council review is the Engineer’s Report for Maintenance District No. 84- 1M (District). The report contains a reference to the existing plans and specifications for the area to be maintained, the estimated cost to maintain for the Fiscal Year (FY) July 1, 2023, to June 30, 2024, and the assessment diagram. It is proposed that there will be no change in the levy from the previous thirty years ($8.00 per parcel). Staff is recommending that the City Council approve the Engineer’s Report on a preliminary basis and set the Public Hearing for June 19, 2023. (PLEASE NOTE: Council Membe r Kashifalghita will declare a conflict of interest and abstain from voting on this matter, because he owns property within the boundaries of Maintenance District 84-1M).

Maintenance
District No. 84-1M (District) was formed in 1986. The purpose of this District is to provide for the costs and expenses necessary for the maintenance of the slopes and storm drain facilities associated with the construction of Esperanza Road. Generally, in the past few years, a minimum of effort has been necessary for this maintenance.

Unfortunately during the 1992, 1993, and 1995 winter storms, significant slides occurred.

The majority of the cost to repair these slides was funded by Federal monies with the District funding the difference. The 2004-05 storms caused some slope damage in which repair work was also federally funded. No significant damage was caused as a result of the 2022-23 wet season.

Assessm
ents since 1987 have varied from $3.98 to an assessment in 1992 of $8.00.

With the application of a credited surplus, the levy is proposed to remain at the maximum assessment of $8.00 per parcel.

La Verne Council Meeting Agenda Packet May 15, 2023
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Maintenance District 84-1M Engineer’s Report
May 15, 2023
Page
2 FISCAL ANALYSIS
Based on t he proposed budget for FY 2023 -24, application of surplus funds in the amount of $10,557.00 is
required to balance the budget. Adequate reserve funds are available.

ENVIRONMENTAL ANALYSIS
The annual m aintenance of 84 -1M related facilities is categorically exempt from the California Environmental Quality Act, Section 15301 and City of La Verne environmental guidelines.

LEGAL REVIEW
Not applicable.

ATTACHMENTS
1 - Resolution No. 23-23
2 - Draft Engineer’s Report 84-1M
La Verne Council Meeting Agenda Packet May 15, 2023
136
RESOLUTION NO. 23-23

WHEREAS, the City Council of the City of La Verne, has previously formed a special maintenance district pursuant to the terms of the “Municipal Improvement Act of 1913,” being Division 12 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as:

CITY OF LA VERNE
MAINTENANCE DISTRICT NO. 84-1M

(hereinafter referred to as the “Maintenance District”); and,

WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the works of improvement in said Maintenance District; and

WHEREAS, there has been presented and approved by this City Council the Engineer’s “Report” as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

RECITALS

SECTION 1. That the above recitals are all true and correct.

DECLARATION OF INTENTION

SECTION 2. That it is the intention of this legislative body, to undertake proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance of the works of improvement for the above referenced Maintenance District, said works of improvement generally described as follows:

Certain street improvements, including storm drain facilities, cut and fill slopes and appurtenant work in connection therewith, to serve and benefit properties within the boundaries of this Maintenance District.

BOUNDARIES OF MAINTENANCE DISTRICT

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SECT
ION 3. That said works of improvement are of direct benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District.

REPORT OF ENGINEER

SECTION 4. That the “Report” of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk, and open for public inspection. Reference is made to said “Report” for a full and detailed description of the existing works of improvement, the boundaries of the Maintenance District and the proposed assessments upon assessable lots and parcels of land within the Maintenance District.

PUBLIC HEARING

SECTION 5. NOTICE IS HEREBY GIVEN THAT ON THE 19
th DAY OF JUNE ,
2023, AT THE HOUR OF 6:30 P.M., IN THE REGULAR MEETING PLACE OF THE CITY

COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE

FIXED BY THIS LEGISLATIVE BODY FOR HEARING PROTESTS OR OBJECTIONS

IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND TO ANY OTHER

MATTERS CONTAINED IN THIS RESOLUTION, ANY PERSONS WHO WISH TO

OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITTEN

PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING.

NOTICE

SECTION 6. That the Assistant City Clerk has given notice as required by law by causing a copy of this Resolution to be published two (2) times in a newspaper of general circulation within said City; the first publication to be completed not less than twenty (20) days prior to the date set for the public hearing.

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PROC

EEDINGS INQUIRIES

SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below:

City Engineer
City of La Verne
3660 “D” Street
La Verne, California 91750
(909) 594-9702

PASSED, APPROVED AND ADOPTED this 15
th day of May 2023.

_____________________________________
Tim Hepburn, Mayor

ATTEST:

____________________________________
Lupe Gaeta Estrella, Assistant City Clerk

I, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, DO HEREB Y CERTIFY that Resolution No. 23- 23, was duly passed and adopted by the said City Council at a regular meeting of the said Council held on the 15th day of May 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Lupe Gaeta Estrella, Assistant City Clerk

La Verne Council Meeting Agenda Packet May 15, 2023
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CITY OF LA VERNE

ENGINEER'S REPORT
FOR

LANDSCAPE MAINTENANCE
DISTRICT NO. 84-1M

FISCAL YEAR 2023-24

SECTION 1. AUTHORITY FOR REPORT

This report is prepared for Maintenance District No. 84- 1M pursuant to Section 10100.8 of the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California.

SECTION 2. PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS

Plans showing the size and location of storm drain facilities and the location of slopes to be maintained are hereby made a part of this report and are on file in City Hall and are available for public inspection.

The storm drains and slopes shall be maintained to provide adequate protection of Esperanza Drive from storm water and storm water run-off.

Storm drains shall be inspected after each storm totaling 2-inches or more, but not less than twice per season. Tree branches, brush, etc., shall be removed from inlet and outlet structures. Mud and sand deposits shall be called to the attention of the City Engineer and shall be removed as directed.

Slopes shall be inspected after each storm totaling 2- inches or more, but not less than twice per season. Slopes shall be re-seeded as necessary to maintain an adequate root structure to control erosion. Excessive erosion shall be backfilled and re- seeded to prevent further erosion. Earth slides and slip -outs shall be called to the attenti on of the City Engineer and shall be repaired as directed.

SECTION 3. ESTIMATED COSTS FOR THE MAINTENANCE OF THE

IMPROVEMENTS

Total estimated costs for the Fiscal Year 2023-24 are as follows:

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EXPENDITURE BUDGET

2023-24

-------------------------------------------------------------------------------------------------------------------------------

MAINTENANCE ASSESSMENT DISTRICT
------------------------------------------------------------------------------------------------------------------------------- ACCOUNT NO. 246-5201 DISTRICT 84-1M
-------------------------------------------------------------------------------------------------------------------------------

PERSONNEL SERVICES

REGULAR SALARIES AND WAGES

PART TIME WAGES

FRINGE BENEFIT COSTS

ADMINISTRATION COSTS

TOTAL PERSONNEL SERVICES $5,592.00

OPERATIONAL

32-00 OTHER PROFESSIONAL SERVICES $0.00
32-05 ARCHITECT/ENGINEERING SERVICES $2,500.00
32-09 OTHER CONTRACTUAL SERVICES $6,000.00
43-05 CONTRACTUAL MAINT. SERVICE $6,000.00
54-05 LEGAL NOTICES AND PUBLICATIONS $350.00
62-51 ELECTRICITY UTILITY $0.00
62-52 CITY UTILITIES/WATER, ETC. $0.00
65-07 MATERIALS $0.00

OPERATIONAL TOTAL $14,850.00

COST CENTER TOTAL $20,442.00

CREDITED SURPLUS $10,557.00

TOTAL TO BE ASSESSED $9,885.00

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SECTION 4. DIAGRAM FOR THE ASSESSMENT DISTRICT

Reduced copies of the assessment diagram is attached to this report and labeled "Exhibit A". Full size maps are available in the office of the City Engineer.

SECTION 5. ASSESSMENT

The north access road, Esperanza Drive, was constructed for the benefit of all of the properties included within the District boundaries. It is imperative that these maintenance expenses be incurred in order to continue the level of benefit to each parcel.

The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received.

The amount estimated to be assessed upon the assessable lands within the district is $9,885.00.

The amount is apportioned to all assessable lots per attached list. The cost per developed single-family parcel is $8.00.

As required by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention and the initiation of these proceedings, as each parcel has been given a separate number upon said Diagram.

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City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Eric Scherer, Community Development Director

SUBJECT: ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT

FUNDS FOR REMOVAL OF ACCESSIBILITY BARRIERS AT CITY

HALL PUBLIC AREAS

SUMMARY
City Council approval of the use of Community Development Block Grant (CDBG) funds for removal of accessibility barriers at City Hall, through the replacement of public counters and modifications to restrooms in the estimated amount of $200,000 is requested.

RECOMMENDATION
It is recommended that the City Council:

1. A pprove Resolution No. 23- 24, allocating $120,000 for ADA compliant public counters and $80,000 for ADA compliant public restrooms in City Hall; and,

2. Appropriate $200,000 from the CDBG Fund for the removal of accessibility barriers at City Hall in the public areas.

DISCUSSION
The City Council approved the use Community Block Grant Funds for the fiscal year 2023- 2024 in January, leaving an unallocated balance of $525,000. A preliminary list of projects at public facilities that involve the removal of barriers for those with disabilities for Americans with Disabilities Act (ADA) compliance has begun and two immediate projects have been identified. The first being the installation of accessible public counters at each department within City Hall and the second being the renovation of the restrooms at City Hall for ADA compliance. The total Community Block Grant funding needed is an estimated $200,000.

On January 17, 2023, the City Council unanimously approved the Senior Hot Lunch Program and a Sidewalk Repair Program with the use of Community Development Block Grant (CDBG) funding. It was presented to the City Council that staff was accumulating a list of projects at public facilities that involve the removal of barriers for those with Community Development Block Grant Total Balance: $525,000 City Hall ADA Counters $120,000
City Hall ADA Bathrooms $80,000
Unallocated: $325,000
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143
disabilities for Americans with Disabilities Act ( ADA) compliance. Staff has identified the two immediate projects:

1. T
he installation of accessible public counters at each department within City Hall; and,

2. The renovation of the restrooms at City Hall for ADA compliance.

S
taff is asking the City Council to approve the allocation of $120,000 of available CDBG funding to remove the barrier of the high public countertops and replace with wheelchair and mobility impaired accessible countertops within City Hall (as well as the incidentals effected with this project) and $80,000 for the ADA public restrooms remodel.

T
he total balance of the CDBG funding remaining, if these projects are approved, would be $325,000. Staff is finalizing assessment of other options for accessibility at City Hall as well as accessibility improvements to include sidewalk replacement, curb cuts, and ramp options at various City locations.

FISCAL ANALYSIS
If approved, appropriations of $200,000 will need to be added to the Fiscal Year 2022-23 Adopted budget within the Community Development Block Grant fund for the construction and installation of ADA compliant public counters and restrooms in City Hall.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
This report and the attached resolution were reviewed by the City Attorney.

ATTACHMENTS
- Resolution Number 23-24
R
eport Prepared By:

C
andice Bowcock, Principal Planner
La Verne Council Meeting Agenda Packet May 15, 2023
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RESOLUTION NO. 23-24

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

LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ALLOCATION OF

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE INSTALLATION OF

ACCESSIBLE PUBLIC COUNTERS AND RESTROOMS AT CITY HALL IN THE FISCAL YEAR 2023 – 2024

WHEREAS, the City of La Verne participates in the Community Development Block Grant (CDBG) program through the Los Angeles County Urban County Program; and

WHEREAS, the County has indicated that the City of La Verne has an unallocated balance of approximately $525,000 in funds for projects; and

WHEREAS, the City of La Verne has identified two projects which would remove barriers to the public in accordance with the Americans with Disabilities Act (ADA) at City Hall; and

WHEREAS, a duly noticed public hearing was posted and published in the Inland Valley Daily Bulletin on May 1, 2023, for the purpose of receiving public input on projects for funding;

NOW THEREFORE, the City Council of the City of La Verne DETERMINES AND DIRECTS as follows:

Section 1. Staff is instructed to submit the CDBG Program Planning Summary for approval to the Los Angeles County Community Development Commission with funding for the following programs in the specified amounts for fiscal year 2023-2024, as recommended in the staff report dated May 15, 2023:

Community Development Block Grant Total Balance: $525,000 City Hall ADA Counters $120,000
City Hall ADA Bathrooms $80,000

Section 2. Staff is authorized to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining unspent at the close of the fiscal year.

Section 3. That the Mayor shall sign and the Assistant City Clerk shall attest to the passage and adoption of this Resolution.

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

PASSED, APPROVED AND ADOPTED this 15th day of May of 2023.

CERTIFI
CATION

STATE OF CAL

IFORNIA )

COUNTY OF LOS ANGELES) SS

CITY OF LA VERNE )
I hereby ce
rtify that the foregoing Resolution No. 23-24, was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 6th day of March, 2023, by the following vote:

AYES: Kashifalghita, Johnson, Lau, Crosby, and Mayor Hepburn.

NOES: None.

ABSENT: None.

ABSTAIN: None.
________________________________
Lupe Gaeta Estrella, Assistant City Clerk
2023.

Tim Hepbur n, Mayor
ATTEST:

Lupe Gaeta Estrella, Assistant City Clerk
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City of La Verne, City Council
Agenda Report

DATE: May 15, 2023

TO: Honorable Mayor and City Council

FROM: Gabriel Rivera, Assistant Planner

SUBJECT: FIRST READING OF AN ORDINANCE, NO. 1116, WHICH UPDATES AND MODIFIES THE CITY’S EXISTING ACCESSORY DWELLING
UNITS (ADUs) PROVISIONS AND MAKE CEQA EXEMPTION
DETERMINATION.

SUMMARY
In December of 2019, the City Council adopted an urgency o rdinance, Ordinance No. 1089, to comply with new laws regarding Accessory Dwelling Units (ADUs). In 2022, the State passed amendments to laws which further modified the existing State ADU regulations and Staff is presenting a Draft Ordinance which will update the existing ADU provisions of the La Verne Municipal Code Chapter 18.120.

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council should introduce by title only and waive further reading of Ordinance No. 1116, an ordinance of the City Council of the City of La Verne, California amending the zoning provisions of the La Verne Municipal Code relating to accessory dwelling units and junior accessory dwelling units in accordance with state law and making a determination that adoption of the Ordinance is exempt from the California Environmental Quality Act.

DISCUSSION
In 2019 a number of bills were enacted by the State of California which related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), which went into effect on January 1, 2020. In December of 2019, the City Council adopted an urgency ordinance, Ordinance No. 1089, to comply with the aforementioned laws. In 2022, the State passed amendments to laws which further clarified the existing State ADU regulations, which took effect on January 1, 2023.

Staff is proposing a number of changes to the existing ADU provisions which will allow for the City to remain in compliance with the state’s current ADU regulations. On January 1, 2023, new regulations went into effect, under Senate Bill No. 897 and Assembly Bill No. 2221, which amended and clarified portions of Government Code section § 65852.2, along with adding section Government Code section § 65852.23. These amendments and clarifications, as they relate to the City’s existing ADU code sections are summarized below:

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• Section 18.120.020 Definitions
o Defined what constitutes a detached structure.
• Section 18.120.030 Applications
o Subsection C. Inclusion of a section which states that the City cannot deny ADU permit applications based on a need to correct nonconforming zoning, building, or unpermitted structures, which do not affect the construction of the ADU itself.
• Section 18.120.040 Allowed Zones
o The removal of the section which prohibited ADUs from being located within the Very High Fire Severity zone (VHFSZ). This was based on advisory letters sent by HCD, as well as HCD’s interpretation that the mandatory provisions of Government Code § 65852.2(e) would allow an ADU to be built in the VHFSZ.
• Section 18.120.050 Development Standards/requirements - ADUs o Subsection C. Changed the height standards for ADUs to reflect the changes in the state’s provisions. ADUs shall have a minimum height of at least sixteen feet (16’). Detached ADUs, if within ½ mile walking distance of a major transit stop or transit corridor, can have a maximum height of eighteen feet (18’) ; this height can go up to twenty feet (20’) to accommodate a roof pitch that is aligned with the main dwelling unit. The height for a detached ADU on a lot with a multifamily dwelling is eighteen feet (18’). Lastly, attached ADUs shall have a maximum height of twenty - five feet (25)’, or the height allowed for the primary dwelling, whichever is lower.
o Subsection H. Added further clarification that lot coverage, outdoor living area, and minimum distance between dwelling units (ten feet 10’ minimum) shall not prohibit the construction of an eight hundred square foot (800 SF) ADU.
o Subsection I.6(f). Added a section which exempts ADUs from being required to have parking if the ADU proposal is in conjunction with a new single or multi-family dwelling on the same lot.
o Subsection J. Removed any subjective design standards. • Section 18.120.070 Junior Accessory Dwelling Units (JADU) o Subsection D. Clarified that JADUs shall have an interior entry to the main living area of the primary residence if the sanitation facilities are shared between the JADU and the main house.
• Section 18.129.080 Regulations
o Subsection A.1. Clarified that JADUs/ADUs cannot be sold separately from the primary unit unless the sale is to a qualified nonprofit corporation in accordance with provisions from Government Code section § 65852.26 o Subsection E. Added a section that clari fies that the City cannot deny a permit for an unpermitted ADU that was constructed before 2018, unless La Verne Council Meeting Agenda Packet May 15, 2023
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staff can present findings that correcting the violation is necessary to protect the health and safety of the occupants or the public.
o Subsection I. Ad ds a section which requires JADUs/ADUs to obtain a separate address from building and safety.

Other changes not listed are minor updates to refine the syntax of the code and formatting.

Planning Commission Review
The Planning Commission reviewed draft Ordinance No. 1116 at a duly noticed hearing on April 26
th, 2023, adopting Resolution 1303, recommending the City Council approve Draft Ordinance No. 1116.

ENVIRONMENTAL ANALYSIS
The proposed Ordinance No. 1116 is exempt from CEQA pursuant to Public Resources Code section 21080.17 which provides CEQA does not apply to the adoption of an ordinance to implement ADU law.

FISCAL ANALYSIS
The fees for processing development applications for proposed ADU projects will be the same as currently required for similar residential or land division projects as indicated by the 2023 Comprehensive Fee Schedule. The recommended action has no financial impact.

LEGAL REVIEW
The attached Draft Ordinance No. 1116 and Resolution No. 1303 were prepared under the supervision of and reviewed by the City Attorney’s Office for compliance with state law.

ATTACHMENTS

1. Draft Ordinance No. 1116

2. Planning Commission Resolution No. 1303

Report Prepared By: Coordinated With:

Gabriel Rivera, Assistant Planner Lisa Kranitz, Deputy City Attorney

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ORDINANCE NO. 1116

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA

AMENDING THE ZONING PROVISIONS OF THE LA VERNE MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS IN ACCORDANCE WITH STATE LAW
WHEREAS, the California State legislature adopted more than eighteen housing bills in 2019 to deal with the housing problem; and
WHEREAS, In December of 2019, the City adopted Urgency Ordinance No. 1089 which combat this problem t hrough adopting regulations which allowed for the construction of accessory dwelling units (also known as second units, in-law units, and granny flats) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, since the City adopted Ordinance No. 1089, the State legislature has continued to amend the provisions of state law in order to encourage the construction of accessory dwelling units and junior dwelling units. The most recent took effect on January 1, 2023; and
WHEREAS, the City is required to be in compliance with the new provisions or the state law relating to these units prevail and the City loses local control; and WHEREAS, the public hearing before the Planning Commission was opened and continued to April 26, 2023; and
WHEREAS, on April 26, 2023 the Planning Commission of the City of La Verne held a duly noticed public hearing at which time it considered all evidence presented, both written and oral; and
WHEREAS, at the close of the public hearing the Planning Commission adopted a resolution recommending that the City Council adopt this Ordinance; and WHEREAS, the City desires to amend its regulations to comply with the current state law; and
WHEREAS, on May 15, 2023, the City Council held a duly noticed public hearing at which time it considered all evidence presented, both written and oral;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 18.120 of the La Verne Municipal Code is hereby amended to read as follows:

CHAPTER 18.120 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

18.120.010 Purpose.

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A. The purpose of this Chapter is to provide for accessory dwelling units and junior accessory dwelling units in accordance with the provisions of state law in order to assist with the housing crisis.

18.120.020 Definitions.

For purposes of this Chapter, the following definitions shall apply. “Accessory dwelling unit” shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence which includes permanent provisions for living, sleeping, eating, cooking and sanitation facilities on the same parcel of land as the single -family or multifamily dwelling is or will be situated . An accessory dwelling unit also includes the following: an efficiency unit; and a manufactured home, as defined in 18007 of the Health & Safety Code.
“Detached” shall mean where there is a physical separation between the accessory dwelling unit and the primary unit or an accessory structure. “Junior accessory dwelling unit” shall mean a unit that is no more than 500 square feet in size and contained entirely within a single -family residence or an attached structure, including a garage.
“Junior or/Accessory dwelling units” shall mean that the section refers to both a junior and accessory dwelling unit.
“Primary unit” shall mean an existing single-family dwelling, or the larger of two proposed units.

18.120.030 Applications.

A. Applications for Junior or/A ccessory dwelling units shall be ministerially processed within 60 days of receipt of a complete application and approved if they meet the requirements of this Chapter.

1. Notwithstanding subsection A above, if the application is submitted in conjunction with an application for a new single- or multi-family dwelling, the application for the Junior or/Accessory dwelling unit shall not be acted upon until the application for the new dwelling is acted upon.

2. The City shall grant a delay if requested by the applicant.

3. If the construction of an accessory dwelling unit requires demolition of a detached garage, the demolition application shall be reviewed and issued at the same time as the accessory dwelling unit.

4. I f the application is denied, the City shall detail in writing all items that are defective or deficient and a how the applicant can remedy the application.

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B. All applications for Junior or/Accessory dwelling units shall be accompanied by an application fee which amount shall be set by resolution of the City Council.

C. A permit application may not be denied due to the need to correct a nonconforming zoning condition, building code violation, or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the accessory dwelling unit.

18.120.040 Allowed Zones.

A. An application for an accessory dwelling unit shall be approved by the community development director or the director’s designee upon the director’s or designee’s determination that the application meets all the requirements set out in Section

18.120.050 in the zoning districts listed below and in specific plan areas where residential or mixed-use development in allowed.

1. A- 1 limited agricultural;

2. PR-1/5 planned residential, 1 detached dwelling unit/5 acres;

3. PR-1D planned residential, 1 detached dwelling unit/acre;

4. PR-2D planned residential, 2 detached dwelling units/acre;

5. PR-3D planned residential, 3 detached dwelling units/acre;

6. PR-4.5D planned residential, 4.5 detached dwelling units/acre;

7. PR-5D planned residential, 5 detached dwelling units/acre;

8. PR-6A planned residential, 6 attached dwelling units/acre;

9. PR-7A planned residential, 7 attached dwelling units/acre;

10. PR-7.5A planned residential, 7.5 attached dwelling units/acre;

11. PR-8A planned residential, 8 attached dwelling units/acre;

12. PR-10A planned residential, 10 attached dwelling units/acre;

13. PR-15A planned residential, 15 attached dwelling units/acre.

14. C-P- D commercial-professional mixed development, where residential has been allowed by Section 18.120.060.

B. An accessory dwelling unit may only be constructed on a lot which contains an existing or proposed single- or multi-family dwelling.

C. Accessory dwelling units shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning designation for the lot.

18.120.050 Development Standards/Requirements – Accessory Dwelling Units.

A. Location/Number.

1. Junior or/Accessory dwelling units shall be located only on lots with an existing or proposed single- or multi-family dwelling.

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2. Attached and detached accessory dwelling units shall be located behind the rear building line of the primary residence in a single -family zone . However, this requirement shall not apply if the accessory dwelling unit is being converted from a legally existing accessory structure, including a garage, or constructed in the exact same location and to the exact same dimensions as a legal, previously existing accessory structure.

3. Only one accessory dwelling unit shall be allowed on a residentially zoned lot, unless otherwise permitted in accordance with Section 18.120.060 below.

B. Type of building. An attached or detached accessory dwelling unit shall be a permanent structure on a permanent foundation with permanent provisions for living, sleeping, food preparation, sanitation, and bathing. A manufactured home as defined in California Health and Safety Code section 18007 shall qualify.

C. Height. The height of an attached or detached accessory dwelling unit shall not be any higher than the primary unit and no higher than the height limit of the zoning district or specific plan in which it is located.

1. In no event shall the allowed height be less than 16 feet.

2. A detached accessory dwelling unit shall not exceed a maximum height of 18 feet if the accessory dwelling unit is on a lot with an existing or proposed single- or multi-family dwelling unit that is within a half mile walking distance of a major transit stop or a high- quality transit corridor as those terms are defined in Public Resources Code section 21155. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

2. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall not exceed 18 feet.

3. An attached accessory dwelling unit shall have a maximum height of 25 feet, or the height allowed for the primary dwelling, whichever is lower. Accessory dwelling units shall not exceed two stories.

D. Size.

1. The maximum size of an attached or detached accessory dwelling unit is 850 square feet if it has zero or one bedrooms, and 1,000 square feet if it has two or more bedrooms.

2. The minimum square footage for an attached or detached accessory dwelling unit shall not be less than the size allowed for an efficiency unit as defined in Health and Safety Code section 17958.1.

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dwelling unit provided that the height requirements do not exceed those set forth in subsection C above with at least four foot side and rear yard setbacks.

4. Junior accessory dwelling units shall comply with Government Code 65852.22.

E. Setbacks.

1. Attached and detached accessory dwelling units shall be located behind the rear building line of the primary residence.

2. An accessory dwelling unit, including a unit added above a permitted garage, shall have rear and side yard setbacks of at least four feet.

3. The setback requirements in subsections (E )(1) and (E)(2) above shall not apply if the accessory dwelling unit is being converted from an approved accessory structure, including a garage, or being constructed in the same location and to the same dimensions as an approved existing accessory structure, including a garage.

4. Accessory dwelling units shall be required to comply with the requirements of the California Building Standards Code as set forth in Title 8.04 of this Code relating to the distance between buildings.

5. Detached accessory dwelling units shall be a minimum of ten feet from other buildings on the same property.

6. No portion of an accessory dwelling unit may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the accessory dwelling unit in the manner proposed. To establish a rebuttable presumption of compliance with this requirement, the applicant may provide a written declaration under penalty of perjury affirming compliance with this requirement. The declaration shall be in a form acceptable to the City Attorney.

F. Lot Coverage. The lot coverage standards of the underlying zoning district or specific plan area where the unit is located shall control.

G. Outdoor Living. For accessory dwelling units in single family zones, there must be outdoor living spaces that meet the following requirements:

1. Each unit shall have a separate usable outdoor living area of 400 square feet, with 15 feet minimum in any direction.

2. Outdoor living areas shall be landscaped.

3. Outdoor living areas do not include parking areas, driveways, or front and rear yard setback areas of the primary residence.

H. Exceptions. The provisions of subsection E.5, F, and G above shall not apply if they would prohibit the construction of an accessory dwelling unit that is 800 square feet.

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I. P arking.

1. Parking shall be required at the rate of one space for each accessory dwelling unit. No parking spaces shall be required for an accessory dwelling unit created within an existing living space.

2. Parking spaces may be provided through tandem parking on an existing driveway provided that such parking does not encroach into the public sidewalk.

3. Parking spaces for accessory dwelling units may be provided in paved portions of setback areas provided that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this Title.

4. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, such parking spaces need not be replaced.

5. Tandem parking and parking in setback areas shall not be allowed if the community development director makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions.

6. Notwithstanding any other provision of this subsection, no parking shall be required for the accessory dwelling unit if any of the following conditions apply:
a. The accessory dwelling unit is located within one- half mile walking distance of a public transit stop;
b. The accessory dwelling unit is located within an architecturally and historically significant historic district;
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure;
d. When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit;
e. When there is a car share vehicle located within one block of the accessory dwelling unit; or
f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single- or multi-family dwelling on the same lot provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection 6.

J. D esign.

1. The accessory dwelling unit shall be of the exact same architectural style, including roof design, windows, doors, wall treatment materials, and color as the primary unit.

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2. The accessory dwelling unit shall have a separate entrance from the primary dwelling unit.

3. The accessory dwelling unit shall not alter the appearance of the primary single-family dwelling unit.

K. Fire sprinklers – shall be required in any accessory dwelling unit if they were required in the primary unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

L. Utilities – connections, fees and capacity charges.

1. Attached/Interior accessory dwelling units.
a. The unit shall be connected to utilities, but a separate utility connection shall not be required unless the accessory dwelling unit is being constructed in connection with a proposed residential dwelling.
b. No connection fee or capacity charge shall be required unless the accessory dwelling unit is being constructed in connection with a proposed residential dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures.

2. Detached accessory dwelling units
a. The unit shall be connected to utilities, but a direct connection between the utility at the unit shall not be required unless the accessory dwelling unit is being constructed in connection with a proposed residential dwelling.

3. Photovoltaic System –
a. All new low- rise residential buildings (single- family or multi- family buildings with three (3) habitable stories or less, including detached Accessory Dwelling Units) shall have a photovoltaic (PV) system meeting the minimum qualification requirements specified by the California Energy Commission’s Building Energy Efficiency Standards. Attached ADUs are exempt from this requirement. b. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures.

M. Fees.

1. No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size.

2. For accessory dwelling units 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

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3. All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code sections 66000 et seq. and 66012 et seq.

18.120.060 Mandatory Approvals.

A. Notwithstanding any other provision of this chapter , the City shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone:

1. One accessory dwelling unit and one junior accessory dwelling unit per lot within the existing or proposed space of a single-family dwelling or accessory structure. a. An expansion of up to 150 square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress. b. The Junior/or Accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling. c. The side and rear setbacks shall be sufficient for fire and safety. d. If the unit is a junior accessory dwelling unit, it shall comply with the requirements of Sections 18.120.070 and 18.120.080 below.

2. One detached accessory dwelling unit that does not exceed four foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling, provided that the unit shall not be more than 800 square feet and shall not exceed the height specified in subsection 18.120.050.C above.
a. A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit and shall comply with all requirements of Sections

18.120.070 and 18.120.080 below.

3. On a lot with a multifamily dwelling structure, up to 25 percent of the total multifamily dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.

4. On a lot with a n existing or proposed multifamily dwelling structure, up to two detached units, provided that they meet the height requirements of subsection C above and have at least four foot side and rear yard setbacks.

18.120.070 Junior Accessory Dwelling Units.

A. One junior accessory dwelling unit shall be allowed in the single -family residential zone within an existing or proposed single-family dwelling. A junior accessory dwelling unit shall be allowed in conjunction with an accessory dwelling unit as specified in section 18.120.060.

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B. The junior accessory dwelling unit shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

C. The junior accessory dwelling unit shall have a separate entrance from the primary residence.

D. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single -family residence and must have an interior entry to the main living area of the single-family residence.

E. No additional parking shall be required for a junior accessory dwelling unit.

F. A junior accessory dwelling unit shall be required to comply with applicable building standards.

G. The owner of property on which a junior accessory dwelling unit is constructed shall abide by the following and record a deed restriction which shall run with the land and shall provide for the following:

1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence;

2. A prohibition from enlarging the junior accessory dwelling unit from being enlarged beyond 500 square feet;

3. A prohibition from renting the property for less than 3 1 consecutive, calendar days;

4. A restriction that the owner shall reside in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing:
a. The owner may rent both the primary residence and junior accessory dwelling unit to one party with a restriction in the lease that that such party may not further sublease any unit or portion thereof; and
b. This r estriction shall not apply if the owner of the single- family residence is a governmental agency, land trust, or housing organization; and

5. A statement that the deed restrictions may be enforced against future purchasers.

A copy of the deed restriction shall be filed with the Community Development Department after recordation.

H. For the purposes of providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.

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J. The City shall impose application, permit and inspection fees on junior accessory dwelling units.

18.120.080 Regulations.

A. Sales.

1. Accessory dwelling units shall not be sold separately from the primary unit unless the sale is to a qualified nonprofit corporation in accordance with the provisions of Government Code section 65852.26.

2. Junior Accessory dwelling units shall not be sold separately from the primary unit.

B. Rental. All Junior or/Accessory dwelling units shall be rented for a minimum of 30 days.

C. Owner/Occupancy.

1. The City shall not enforce any owner/occupancy requirement previously imposed on an accessory dwelling unit until January 1, 2025.

2. No unit permitted between January 1, 2020, and January 1, 2025 shall be subject to an owner-occupancy requirement.

3. All junior accessory dwelling units shall have an owner/occupancy requirement.

D. This Chapter shall in no way validate any existing illegal accessory dwelling unit nor shall it change a legal nonconforming unit to a conforming unit.

E. Unpermitted Accessory Dwelling Units.

1. An application for an accessory dwelling unit to convert an illegal and/or nonconforming accessory dwelling unit to a legal conforming accessory dwelling unit shall be subject to the same standards and requirements as for a newly proposed unit.

2. Notwithstanding subsection E.1 above, the City shall not deny a permit for an unpermitted accessory dwelling unit constructed before January 1, 2018 on the grounds that it is violation of the California Building Standards (Health & Safety Code section 17960 et seq.) or that it does not comply with this Chapter unless the City makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

F. Guesthouses that were previously approved and which have a valid building permit on file shall not be affected by this Chapter. However, an application to convert a guesthouse to an accessory dwelling unit shall be subject to this Chapter.

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G. Revocation. The community development director shall have the authority to revoke an accessory dwelling unit permit if one or more of the requirements of this chapter are no longer met.

H. Enforcement. Until January 1, 2030, the City shall issue a statement with a notice to correct a violation of any building standard relating to an accessory dwelling unit that provides substantially as follows:

You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety , you may file an application with the Community Development Department. If the City determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.

1. Accessory Dwelling units, and Junior Accessory shall be required to obtain a separate address for the unit from the Department of Building and Safety.

SECTION 2. CEQA. This Ordinance is exempt from CEQA pursuant to Public Resources Code section 21080.17 which provides CEQA does not apply to the adoption of an ordinance to implement ADU law.

SECTION 3. Effective Date. This Ordinance shall take effect immediately pursuant to Government Code section 36937.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.

SECTION 5. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be processed as required by law.

SECTION 6. Transmission to HCD. The City Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development as required by State law.

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APPROVED AND ADOPTED this fifth day of June, 2023, by the City Council at La Verne, California.

AYES:

NOES:

ABSENT:

ABSTAIN:

M
ayor of the City of La Verne
A
TTEST:

A
ssistant City Clerk
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46 RESOLUTION NO 1303

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA VERNE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THE APPROVAL OF ORDINANCE NO. 1 1 16 AN ORDINANCE TO MODIFY AND UPDATE TITLE 18 OF THE LA VERNE MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS TO THE CIry COUNCIL
WHEREAS, Sections 2.48.020 through 2.48.165 of the La Verne Municipal Code empower the Planning Commission to recommend appropriate legislation to the City Council regarding the orderly growth, development, and environmental character of the community; and
WHEREAS, Sections 18.112.010 through 18.112.060 of the La Verne Municipal code authorize the Planning commission to consider and recommend action to the City Council concerning zoning amendments and specific plan amendments; and WHEREAS, a notice of public hearing was published in the lnland Valley Daily Bulletin ON March 31 , 2023: and
WHEREAS, the proposed changes are exempt from CEeA pursuant to public Resources Code section 21080.17 which provides CEeA does not apply to the adoption of an ordinance to implement ADU law.

WHEREAS, the public hearing before the Planning Commission was opened and continued to April 26, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed changes to the La verne Municipal code at which time it considered all evidence presented, both written and oral; and
NOW, THEREFORE, BE lT RESOLVED by the ptanning Commission of the City of La Verne as follows:
section 1. Environmental Determination. The planning commission HEREBY FINDS and DETERMINES that the proposed zoning amendment is exempt from the california Environmental Quality Act pursuant to public Resources code section 21080.17.

Section 2. Findings. ln recommending approval of the proposed zoning amendment, the Planning commission HEREBY FINDS AND DETERMINES that ordinance No. 1116 satisfies the following findings of section 1g.112.060 of the La Verne Municipal Code in that:

1. The proposed amendments further State and City housing goals.

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2. The proposed amendments serve the public necessity, convenience, and general welfare in that they will help regulate Accessory Dwelling Units in the City of La Verne
Section 4. Approval. Based upon the above findings, the Planning Commission HEREBY RECOMMENDS THE APPROVAL of the proposed zonlng amendments in Ordinance No. 1 1 16 attached hereto as Exhibit A.

Section 5. The Chairperson shall sign, and the Secretary shall attest to the passage of this resolution.

APPROVED AND ADOPTED this twenty
Planning Commission at La Verne, California.
-sixth day of April, 2023, by the
ATTEST
Secretary, Planning Commission
Chai n on
Resolution No. 1303
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City of La Verne, City Council
Agenda Report
DATE: May 15, 2023
T
O: Honorable Mayor and City Council
F
ROM: Eric Scherer, Community Development Director
SUBJECT: FIRST READING OF ORDINANCE NO. 1117 MODIFYING TITLE 16 & TITLE 18 OF THE MUNICIPAL CODE REGA RDING S ENATE
BILL 9 DEVELOPMENT AND MAKE CEQ A EX EMPTION

DETERMINATION

SUMMARY
Senate Bill 9 was signed into law by Governor Newsom related to development of residential housing, specifically ministerial review of two residen tial units within a single- family zone and parcel maps for urban lot splits. State law allows cities to impose objective zoning, subdivision, and design standard. This Ordinance establishes the objective development standards for SB 9 two-unit and urban lot split developments.

RECOMMENDATION
That the City Council should introduce by title only and waive further reading of Ordinance No. 1117, an Ordinance of the City Council of the City of La Verne, County of Los Angeles, State of California modifying Title 16 (Subdivisions) and Title 18 (Zoning) of the La Verne Municipal Code to implement the provisions of Senate Bill 9 relating to the creation of Urban Lot Splits and Two Residential Unit Development and making a determination that the adoption of the Ordinance is exempt from the California Environmental Quality Act.

DISCUSSION
On September 16, 2021, Governor Newsom signed Senate Bill (SB) 9 into law, which became effective on January 1, 2022. SB 9 adds two new sections to the Government Code (65852.21 and 66411.7) relating to the development of residential housing. Section 65852.21 requires that local agencies approve a housing development of no more than two residential units within a single -family residential zone ministerially, without discretionary review or a hearing, when the proposed development meets certain requirements. Similarly, Section 66411.7 requires a local agency to ministerially approve a parcel map for an “urban lot split” when the map meets certain requirements. Both statutes allow the City to impose objective zoning, subdivision, and design standards on these projects, provided those standards would not have the effect of physically precluding the construction of a maximum of two housing units on a lot or preclude either of the two units from being at least 800 square feet in floor area. The proposed Ordinance (Attachment 1) establishes the objective development standards for SB 9 two- unit and La Verne Council Meeting Agenda Packet May 15, 2023
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urban lot split developments in the City based on feedback and direction received from City Council.

Study sessions were held in 2022 with both the Planning Commission and City Council to summarize SB 9, introduce the standard requirements , and review prospective objective standards that the City could impose on SB 9 developments. The study session Powerpoint presentation is Attachment 3. City Council provided direction and comments to staff on the desired zoning, subdivision, and design standards that would govern these developments via the adoption of a future ordinance.

One item requires clarification from the 2022 presentation. Regardless of whether there is a lot split or not, the total number of units allowed on the original parcel should be four.

This means that if a lot is not split, there can be two SB 9 units plus ADU and JADU as allowed by law. When the lot is split, the term “unit” includes ADUs and JADUs and only two units are allowed on each of the divided lots.

La Verne Specific SB 9 Standards
In addition to the standard requirements, staff is proposing a number of objective standards which currently apply to most residential developments. These standards will be prioritized in ascending order (with subsection (g), regarding front yard setback being of the highest priority, and subsection (a), regarding frontage, being the lowest priority) if, and only if those standards preclude two 800 square foot residential units from existing/being constructed as a part of an SB 9 project. These standards are:

a. Minimum 10-foot lot frontage to street or alleyway for urban lot splits.

b. Residential driveway standards as set forth in Section 18.76.060.

c. Minimum 10-foot building separation.

d. Outdoor Living. For SB 9 units in single family zones, there must be outdoor living spaces that meet the following requirements:

1. Each unit shall have a separate useable outdoor living area of four hundred square feet, with fifteen feet minimum in any direction.

2. Outdoor living areas and the immediate surroundings shall be landscaped.

3. Outdoor living areas do not include parking areas, driveways, or front and rear yard setback areas.

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e. Maximum lot coverage allowed by the underlying zone.

f. Maximum building height allowed by the underlying zone.

g. Front yard setback required by the underlying zone.

The City cannot impose any zoning or design standards that would have the effect of physically precluding the construction of two units on a lot or that would result in a unit size of less than 800 square feet.

It was previously anticipated that SB 9 development would be restricted in the Very High Fire Severity Zone in La Verne, but legal counsel has recommended that development should be allowed since current building codes work to mitigate fire concerns. This opinion is believed to be consistent with the intent and interpretation of state law.

Planning Commission Review
The Planning Commission reviewed the proposed O rdinance at a duly noticed meeting on April 26, 2023, and adopted Resolution No. 1302 (Attachment 2), recommending that the City Council adopt Ordinance No. 1117.

FISCAL ANALYSIS
The fees for processing development applications for proposed SB 9 projects will be the same as currently required for similar residential or land division projects. The recommended action has no financial impact.

ENVIRONMENTAL ANALYSIS
This Ordinance is exempt from CEQA pursuant to the specific provisions of Senate Bill 9 which provides that an ordinance adopted pursuant to that statute is not subject to CEQA.

LEGAL REVIEW
This report and the attached draft Ordinance No. 1117 were reviewed by the City Attorney.

ATTACHMENTS

1. Draft Ordinance No. 1117

2. Adopted PC Resolution No. 1302

3. 2022 Study Session Powerpoint Presentation

Report Prepared By:

Coordinated With:

Parker Stringfellow, Assistant Planner Lisa Kranitz, Deputy City Attorney

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ORDINANCE NO. 1117

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA MODIFYING TITLE 16 (SUBDIVISIONS) AND TITLE 18 (ZONING) OF THE LA VERNE MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF SENATE BILL 9 RELATING TO THE CREATION OF URBAN LOT

SPLITS AND TWO RESIDENTIAL UNIT DEVELOPMENT AND MAKING A

DETERMINATION THAT THE ADOPTION OF THE ORDINANCE IS EXEMPT FROM CEQA
WHEREAS, on September 16, 2021, the Governor approved Senate Bill 9 (SB 9, Chapter 162) relating to the creation of two residential units per lot which requires local agencies to ministerially approve housing development containing no more than two residential units per lot and ministerially approve an urban lot split; and W
HEREAS, SB 9 took effect on January 1, 2022; and
W
HEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and design standards; and
W
HEREAS, SB 9 study sessions were held with the City Council and Planning Commission on March 7, 2022 and April 13, 2022, respectively; and W
HEREAS, a notice of public hearing was published in the Inland Valley Daily Bulletin on March 31, 2023 for a public hearing to be held on April 12, 2023; and W
HEREAS, the public hearing before the Planning Commission was opened and continued to April 26, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed changes to the La Verne Municipal Code at which time it considered all ev idence presented, both written and oral; and
WHEREAS, at the close of the public hearing the Planning Commission adopted a resolution recommending that the City Council adopt this Ordinance; and WHEREAS, on May 15, 2023, the City Council held a duly noticed public hearing at which time it considered all evidence presented, both written and oral; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 16.12.060 is hereby added to the La Verne Municipal Code to read as follows:

S
ection 16.12.060 Parcel Maps for Urban Lot Splits.

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A. Definitions. For purposes of this Section, the following definitions shall apply:

1. “Urban lot split” means a lot split of a single -family residential lot into two parcels that meets the requirements of this section.

2. “Unit” means any dwelling unit, including but not limited to, a unit created pursuant to section 18.122.020, an accessory dwelling unit or a junior accessory dwelling unit.

B. The city shall ministerially approve a parcel map for a lot split that meets the following requirements:

1. The parcel is located within a single-family residential zone.

2. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.

3. Both newly created parcels are no smaller than 1,200 square feet.

4. The parcel is not located in any of the following areas and does not fall within any of the following categories:

a. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

c. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city’s building department.

d. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency La Verne Council Meeting Agenda Packet May 15, 2023
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Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or

ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);

e. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

f. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

5. The proposed lot split would not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b. Housing on a parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et La Verne Council Meeting Agenda Packet May 15, 2023
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seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
c. H
ousing that has been occupied by a tenant in the last three years.

6. T
he lot split does not result in more than two units on a parcel.

C. S
tandards and Requirements. Notwithstanding any other provisions of this Municipal Code to the contrary, the following requirements shall apply:

1. T
he lot split conforms to all applicable objective requirements of the Subdivision Map Act, Title 16 (Subdivisions) and Title 18 (Zoning) of the Municipal Code, except as the same are modified by this section.

2. N
o setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

3. E
xcept for circumstances described in Section C.2 above, the setback for side and rear lot lines shall be four feet.

4. T
he applicant shall provide easements for the provision of public services and facilities as required.

5. Lan
dlocked parcels created by an urban lot split shall have a frontage to the public right of way that is no less than 10 feet in width resulting in the creation of a flag lot, provided that requiring the frontage does not preclude two 800 square foot residential units from existing on each lot. Where a flag lot is not possible, an access easement over the other parcel on the same map shall be required. The easement shall be not less than 10 feet in width and must connect to the same curb cut and apron as the other parcel on the same map.

6. R
esidential units developed on a lot created pursuant to this section shall be subject to the provisions of Section 18.122.020.

7. T
he split of the lot will not result in less than one parking space per unit.

This does not apply in either of the following instances:
a. T
he parcel is located within one- half mile walking distance of either a high-quality transit corridor as defined in Public Resources Code section 21155 of a major transit stop as defined in Public Resources Code section 21064.3; or
b. T
here is a car share vehicle located within one block of the parcel.

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D. The city shall not require or deny an application based on any of the following:

1. The city shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

2. The city shall not impose any subdivision standards that would have the effect of physically precluding the construction of two units on either of t he resulting parcels or that would result in a unit size of less than 800 square feet.

3. The city shall not require the correction of nonconforming zoning conditions as a condition for the lot split.

4. The city shall not deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met, and they are sufficient to allow a separate conveyance.

E. An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

1. That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.

2. That the uses shall be limited to residential uses.

3. That any rental of any unit created by the lot split shall be for a minimum of 31 days.

4. That the maximum number of units to be allowed on each parcel is two, including units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to Section 18.122.020.

F. The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. This section shall not apply to:

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1. Any parcel which has been established pursuant to a lot split in accordance with this section; or

2. Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, “acting in concert” shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot.

SECTION 2. Chapter 18.122 is hereby added to the La Verne Municipal Code to read as follows:

18.122.010 Two-unit Housing Development

A. For purposes of this section, the following definitions shall apply:

1. “Housing development” shall mean no more than two residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

2. “Unit” shall mean any dwelling unit, including but not limited to a primary dwelling unit or any unit created pursuant to this section. “Unit” shall not include an accessory dwelling unit or a junior accessory dwelling unit which shall be allowed as provided for in Chapter 18.120 of this Code.

3. “Urban lot split” shall have the same meaning as set forth in Section

18.122.010.

B. The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:

1. The parcel is not located in any of the following areas and does not fall within any of the following categories:

b. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources La Verne Council Meeting Agenda Packet May 15, 2023
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Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. c. A
delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city’s building department.
d. A
special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA.

If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. T
he site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. T
he site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
e. A
regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no- rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. f. H
abitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 La Verne Council Meeting Agenda Packet May 15, 2023
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(commencing with Section 1900) of Division 2 of the Fish and Game Code).

2. T
he proposed housing development would not require demolition or alteration of any of the following types of housing:
a. H
ousing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. H
ousing on a parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
c. H
ousing that has been occupied by a tenant in the last three years.

3. U
nless demolition or alternation is prohibited pursuant to subsection B.2 above, a housing unit may be demolished if it has not been occupied by a tenant in the last three years.

C. S
tandards and Requirements.

1. T
he following objective standards for residential development currently applicable in La Verne will be prioritized in ascending order (with subsection g, regarding front yard setback being of the highest priority, and subsection a, regarding frontage, being the lowest priority) if, and only if those standards preclude two 800 square foot residential units from existing/being constructed as a part of an SB 9 project:
a. M
inimum 10-foot lot frontage to street or alleyway for urban lot splits. b. R
esidential driveway standards as set forth in Section 18.76.060. c. M
inimum 10-foot building separation.
d. O
utdoor Living. For SB 9 units in single family zones, there must be outdoor living spaces that meet the following requirements:

1. E
ach unit shall have a separate useable outdoor living area of four hundred square feet, with fifteen feet minimum in any direction.

2. O
utdoor living areas and the immediate surroundings shall be landscaped.

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3. Outdoor living areas do not include parking areas, driveways, or front and rear yard setback areas.

e. Maximum lot coverage allowed by the underlying zone.

f. Maximum building height allowed by the underlying zone.

g. Front yard setback required by the underlying zone.

2. Notwithstanding any other provisions of the Municipal Code to the contrary, the following requirements shall apply in addition to all other objective standards applicable to this zone:

a. Setbacks.

i. No setback shall be required for an existing structure, or a structure constructed in the same location and within the same dimensions as an existing structure.

ii. Except for those circumstances described in section C.2.a above, the setback for side and rear lot lines shall be four feet.

iii. The front setback shall be that required by the underlying zone, provided the setback does not preclude two 800 square foot residential units from existing on each lot.

iv. For landlocked parcels side yard setbacks shall apply to all property lines.

b. The applicant shall provide easements for the provision of public services and facilities as required.

c. One parking space per unit shall be required on the lot unless the parcel is located within one- half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3. The parking space need not be covered, but tandem parking between units shall not be allowed.

D. Limitations on city actions.

1. The city shall not impose any zoning or design standards that would have the effect of physically precluding the construction of two units on a lot or that would result in a unit size of less than 800 square feet.

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2. The city shall not deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met, and they are sufficient to allow a separate conveyance.

E. An applicant for a second house on a lot shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

1. That the uses shall be limited to residential uses.

2. That the rental of any unit created pursuant to this section shall be for a minimum of 31 days.

3. That the maximum number of units, as defined in Section 18.122.020.A, to be allowed on the parcels is two.

F. The city may deny the housing development on any grounds in addition to that set forth in Section 18.122.010B.4.g above, if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION 3. CEQA. This O rdinance is exempt from CEQA pursuant to the specific provisions of Senate Bill 9 which provides that an ordinance adopted pursuant to that statute is not subject to CEQA.

APPROVED AND ADOPTED this fifth day of June, 2023, by the City Council at La Verne, California.

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AYES:

NOES:

ABSENT:

ABSTAIN:

M
ayor of the City of La Verne
A
TTEST:

A
ssistant City Clerk
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RESOLUTION NO. 1302
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIry OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING: THE APPROVAL OF ORDINANCE NO.1117, MODIFYING TITLE 16 (SUBDIVISIONS) AND TITLE 18 (ZONING) OF THE LA VERNE MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF SENATE BILL 9 RELATING TO THE CREATION OF URBAN

LOT SPLITS AND TWO RESIDENTIAL UNIT DEVELOPMENT AND MAKING A

DETERMINATION THAT THE ADOPTION OF THE ORDINANCE IS EXEMPT

FROM CEQA
WHEREAS, on September 16,2021, the Governor approved Senate Bill I (SB 9, Chapter 162) relating to the creation of two residential units per lot which requires local agencies to ministerially approve housing development containing no more than two residential units per lot and ministerially approve an urban lot split; and 30 31
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46 WHEREAS, SB 9 took effect on January 1,2022; and
WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and design standards; and
WHEREAS, SB I study sessions were held with the city council and Planning Commission on March 7,2022 and April 13,2022, respectively; and WHEREAS, a notice of public hearing was published in the lnland valley Daily Bulletin on March 31,2023 for a public hearing to be held on April 12,2023; and WHEREAS, the public hearing before the Planning Commission was opened and continued to April 26, 2O23; and
WHEREAS, the Planning commission held a duly noticed public hearing on.the proposed changes to the La Verne Municipal code at which time it considered all evidence presented, both written and oral; and
NOW, THEREFORE, BE lT RESOLVED by the Planning commission of the city of La Verne as follows:

Section 1. Environmental Determination, The Planning commission HEREBY FINDS AND DETERMINES that the adoption of this ordinance is exempt from CEQA pursuant to the speciflc provisions of senate Bill 9 which provides that an ordinance adopted pursuant to that statute is not subject to CEQA' Section2.Findings.lnrecommendingapprovaloftheproposedzoning amendment, the Planning -commission HEREBY FINDS AND DETERMINES that ordinance No. 1'l 17 satisfies the following findings of section 18.'l 12.060 of the La Verne Municipal Code in that:
1 Resolution No. 1302
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1. The proposed amendments are consistent with the general plan in that the process for considering changes in land use and zoning is in keeping with La Verne General Plan policies which require Planning Commission and City Council consideration and approval prior to making such a change.

2. The proposed amendments serve the public necessity, convenience, and general welfare in that they will help regulate SB g development in the City of La Verne.

3. The proposed amendments further City and State housing goals.

Section 3. Approval. The Planning Commission HEREBY
RECOMMENDS THE APPROVAL of the proposed amendments to the La Verne Municipal Code in Ordinance No. 1117 attached hereto as Exhibit A.

Section 4. The Chairperson shall sign and the Secretary shall attest to the passage of this resolution.

APPROVED AND ADOPTED this twen
Planning Commission at La Verne, California.
ty-sixth day of April, 2023, by the
ATTEST Chai ro
Secretary, Planning Commission
2 nnrng Com
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CITY COUNCIL STUDY SESSION
SENATE BILL 9 (SB 9)
March 7, 2022
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SB 9 INTRODUCTION & OVERVIEW

REQUIREMENTS AND LIMITATIONS
 Dwelling Unit and Parcel Creation
 Sample Application of Objective Standards
WHY ARE WE NOT DISCUSSING SENATE BILL 10 TONIGHT?
 Cities are NOT REQUIRED to utilize SB 10 to rezone around transit stations, SB 10 only ALLOWS them to do so.

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SB 9 INTRODUCTION & OVERVIEW

ADDS TWO SECTIONS TO THE STATE GOVERNMENT CODE
RELATED TO RESIDENTIAL HOUSING DEVELOPMENT:
Ministerial approval of two (2) units on a single family lot Ministerial approval of Urban Lot Splits
Signed into law on September 16, 2021
Effective January 1, 2022
Applies to City even if no ordinance is adopted
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BENEFITS OF A CITY SB 9 ORDINANCE
 Protects and preserves the character and nature of
City’s residential communities to the extent feasible
 Preserves the City’s ability to enforce objective
design standards:
 Establish regulations that are both compliant with State law and allows the City to enforce standards that are not pre- empted
 Provides clarity to those who choose to initiate SB 9 projects
 Ensures consistency in processing proposed SB 9
projects
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SB 9 PERMITTED EXCLUSIONS

DOES NOT APPLY TO LAND IN CERTAIN AREAS, MOST OF WHICH ARE NOT APPLICABLE TO LA VERNE. APPLICABLE CATEGORIES INCLUDE:
 Areas within very high fire hazard severity zones -Building Code  Areas within earthquake fault zone -Building Code
 Special flood hazard areas –No areas in La Verne
 Regulatory floodway –None in La Verne
 Lands identified for conservation in a protection plan, a habitat for protected species, or lands under conservation easement – Open Space Properties
 Parcel is not within a historic district, on the State Historic Resources Inventory, and is not designated as a city landmark or historic property pursuant to city ordinance – Mills Act Properties (approx. 25) La Verne Council Meeting Agenda Packet May 15, 2023
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SB 9 PERMITTED EXCLUSIONS
Prohibits demolition or alteration to existing residential structures that:
Restrict rents to affordable income levels
Are subject to rent control
Have been occupied by a renter in last 3 years
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SB 9 – TWO-UNIT DEVELOPMENT KEY PROVISIONS
 Allows up to two (2) new units, or the addition of one new unit to a lot with an existing unit in single family residential zones  Allows City to impose objective standards, provided that two residential units of at least 800 square feet can fit on the lot  ADUs and JADUs must still be allowed where there is no lot split. This would most often result in three (3) units on the original parcel  Establishes maximum side and rear lot standards of four (4) feet  Sets maximum of one off-street parking space required per unit – with certain exemptions
 Prohibits short-term rentals of units
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SB 9 – URBAN LOT SPLIT KEY PROVISIONS
Parcels in single family residential zones may be subdivided into two (2) parcels:
No parcel can be smaller than 40% of the original
Both new parcels must be at least 1,200 sq. feet
 A maximum of two (2) SB 9 dwellings on each new lot. ADUs need not be approved when utilizing lot split provisions (total of 4, not 6 units)  Applicant must sign affidavit of intent to occupy one unit for 3 years after date of map approval – no other owner-occupancy requirements allowed
 Neither owner of parcel being subdivided, nor any person acting in concert with owner, may have previously subdivided an adjacent parcel using SB 9
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SB 9 LOT SPLIT EXAMPLE
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SB 9 – URBAN LOT SPLIT KEY PROVISIONS
 No splitting parcels that have previously been split
 Parcels must have access to or adjoin a public right-of-way  City cannot require dedications of rights-of-way, nor the construction of offsite improvements
 City can require easements for provision of public services and facilities
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SB 9 – DENIALS
 Cannot deny adjacent or connected structures if they meet building code standards, and are sufficiently allow separate conveyance
 Lot split cannot be denied or conditioned on correction of non- conforming zoning conditions
 May deny lot split or two-units on a lot if the building official makes a written finding based on the preponderance of the evidence that the project would have a specific, adverse impact on public health and safety or physical environment and no way to mitigate or avoid the impact
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CITY MAY IMPOSE OBJECTIVE STANDARDS
(MUST APPROVE TWO UNITS OF 800 SF EACH REGARDLESS)
 May allow demolition of more than 25% of existing home  Height limit
 Size limit (at least 800 SF)
 Front yard setback
 Building separation
 Lot coverage
 Street frontage requirement for each lot (min. 10’ directly abutting a public right-of-way)
 Open space requirements
 Objective design standards
 Prioritize which standards get waived to allow 800 SF units La Verne Council Meeting Agenda Packet May 15, 2023
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CITY MAY IMPOSE OBJECTIVE STANDARDS
(MUST APPROVE TWO UNITS OF 800 SF EACH REGARDLESS)
Prioritized Standards
(Importance: Low – High)

1. Minimum 10’ Lot Frontage to Street or Alleyway

2. Maximum Driveway Requirement

3. Building Separation Requirement

4. Open Space Requirement

5. Lot Coverage Requirement

6. Building Height

7. Front Yard Setback
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NEXT STEPS
 Staff to receive direction from the Council on the
level of objective standards to include in the
ordinance
 Staff will draft the ordinance
 Public hearing before the Planning Commission for
recommendation to the Council
 Public hearing before the Council for adoption
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QUESTIONS?
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City of La Verne, City Council
Agenda Report
DATE
: May 15, 2023
TO: H
onorable Mayor and City Council
FR
OM: Christy Lopez, Finance Director
SUBJ
ECT: PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL AUDITING

SERVICES
____________________________________________________________________________

SUMMARY
City Council approval is requested to enter into a five- year contract with Badawi & Associates (Badawi) for audit services during the fiscal years of 2022-23 to 2026-27.

RECOMMENDATION
It is recommended that the City Council:

1. Authorize the City Manager, or his designee, to execute an agreement with Badawi & Associates for Financial Auditing Services of fi scal years 2022-23 through 2026-2 7 in the amount not to exceed $339,280 through the duration of the contract; and,

2. Adopt the Resolution No. 23-26 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE

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

AUTHORIZING AN AGREEMENT WITH BADAWI & ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS FOR PROFESSIONAL AUDITING SERVICES”

DISCUSSION
Auditing the City’s financial records plays a critical role in public sector finance. It is one of the most important and effective methods to ensure the credibility and transparency of the City’s financial reporting to all of the City’s stakeholders and is required under the California Government Code Section 12410.6.

In July 2022, the City’s Interim -Finance Director opt ed to extend the contract with R ogers, Anderson, Malody & Scott (RAMS) Certified Public Accountant firm for the final year. The contract for audit services with RAMS began in 2011 after the City solicited proposals for professional accounting. When that contract ended, the City issued a new proposal for services which resulted in a contract for RAMS in 2016 including the option to extend the contract through fiscal year 2022.

During this time, RAMS has been very professional as well as responsive and supportive to the needs of the City. They have provided a wealth of guidance in relation to compliance with accounting standards and internal controls. The Governmental Financial Officers Association (GFOA) best practices recommends a change in audit services every five years. In order to obtain the services of another auditing firm (consistent with GFOA’s recommended best practice), the City solicited proposals in March 2023 for professional auditing services from qualified certified public accountants to audit the City’s financial statements for fiscal years ending June 2023 through June 2027. The City received three sealed bids from the following firms:

Badawi & Associates
Rogers, Anderson, Malody, & Scott
Harshwal & Company, LLP
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The firms were evaluated by the City Manager and Finance Director using the following criteria:

1. Experience, educational background, demonstrated capability, and availability of qualified full-time key technical and management personnel who will be assigned to the engagement.

2. Familiarity and experience in the auditing cities, successor agencies and Federal and State assistance programs and grants.

3. Knowledge of generally accepted accounting principles applicable to governmental accounting and experience in advising governmental agencies in such areas as general accounting, financial reporting, auditing, and fiscal management.

4. Cost.

It is recommended that the City contract with Badawi & Associates, attachment 1, for financial auditing services based on the following:

1. Technical approach – Badawi’s approach to the annual audit was clearly defined and provided a detailed plan which includes completing a larger portion of the year -end audit tasks during the interim audit to minimize the time needed at year -end which in turn will assist the City in meeting its goal of issuing the Annual C omprehensive Financial Report before the end of December.

2. Firm Experience – Badawi & Associates specialize in providing audit services for local governments including cities, redevelopment agencies, financing authorities, and others.

3. Staff Qualifications - all of their partners and management staff are Certified Public Accountants. Additionally, their listed partners are currently members of the Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO). Mr. Badawi serves as an instructor for CSMFO and currently leads audits in the following local cities, Azusa, Buena Park, Glendora, and Ontario.

4. Cost – The firm demonstrated a competitive fee structure which included a breakdown for the services requested by the City within the Request for Audit Proposals . While another firm was slightly less expensive, the overall pricing and desire to utilize a different firm at this time was deemed acceptable in addition to their description of performing additional Agreed Upon Procedures as requested by the City.

FISCAL ANALYSIS
The cost for the proposed financial audit agreement will not exceed the amount of $63,920 for the first year, increasing by 3% each year through Fiscal Year 2026-27. The appropriation request for year one will be included in the Fiscal Year 2023- 24 proposed budget from the General Fund, subsequent contract year appropriations will be included during the annual budget process.

ENV

IRONMENTAL ANALYSIS
Not applicable

LEGAL REVIEW
This report and the attachments were reviewed by the City Attorney

ATTACHMENTS

1. Professional Services Agreement with Badawi & Associates

2. Badawi & Associates Proposal

3. Resolution N0. 23-26, approving the contract for Professional Auditing Services with Badawi & Associates
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RESOLUTION NO. 23-26

A RESOLUTION OF THE CI TY CO UNCIL O F THE CITY OF LA VERNE, CO UNTY O F

LOS A NGELES, S TATE O F CALIFORNIA, AUT HORIZING A N AGREEMENT W ITH

BADAWI & ASSOCIATES, CE RTIFIED PUBLIC ACCOUNTANTS F OR PROFESSIONAL

AUDITING S ERVICES
WHEREAS the City of La Verne is in need of audit services and on March 2, 2023, the City invited bids by posting an RFP on Planet Bids and emailing 9 vendors who provide Professional Auditing Services to surrounding agencies, with proposals due on April 6, 2023; and
WHEREAS the online and email notifications resulted in three (3) proposals being submitted to the City for consideration; and
WHEREAS, the proposals were evaluated using criteria established in the RFP.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows;
Section 1. That the City Manager of the City of La Verne, or his/her designee be authorized to execute an Agreement with Badawi & Associates, certified public accountants for professional auditing services, said Agreement being in the form attached hereto and made part hereof by reference as though the same were set forth in full herein.

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

PA SSED, APPROVED AND ADOPTED this 15th day of May 2023. __________________________________

ATTEST: Tim Hepburn, Mayor
_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Certification
I hereby certify that the foregoing Resolution No. 23-26 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 15th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABST
AIN:
_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
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CITY OF LA VERNE

PROFESSIONAL SERVICES AGREEMENT
WITH

BADAWI & ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of May, 2023 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and Badawi & Associates, a Certified Public Accounting Firm (entity information) (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to perform Professional Auditing Services, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or em ployee of C ity has a f inancial interest, within the pr ovisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and i n consideration o f the m utual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDE D BY CONSULTANT

1.1. Scope of Services . Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with C
onsultant to review the quality of the work and resolve the matters of concern;
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(
b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(
c) Terminate the Agreement as hereinafter set forth.

1. 4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5 . Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, e xcept as permitted pursuant to s ection 12940 of the Government Code.

1. 6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7 . Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1. 8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2. 0. COMPENSATION AND BILLING

2. 1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement (the “Fee Schedule”).

Consultant’s total compensation shall not exceed three hundred thirty nine thousand two hundred eighty Dollars ($ 339,280.00).

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2. 2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2. 3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2. 4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and, except for the Consultant’s audit workpapers, shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3. 0. TIME OF PERFORMANCE

3. 1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “A,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3. 2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to La Verne Council Meeting Agenda Packet May 15, 2023
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the other except for those rights and liabilities that accrued prior to the date of termination.

4. 0. TERM AND TERMINATION

4. 1. Term. This Agreement shall commence on the Effective Date and continue for a period of five years, ending on May 15, 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4. 2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4. 3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4. 4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5 .0. INSURANCE

5. 1. Minimum Scope and Limits of Insurance . Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(
a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate .
(
b) Business automobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and La Verne Council Meeting Agenda Packet May 15, 2023
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property damage.
(
c) Workers’ compensation insurance as required by the State of California.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewis e
under
their workers’ compensation insurance policies.
(
d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single l
imits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder
.

5. 2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(
a) Additional insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional i
nsureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(
b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(
c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of La Verne , its officers, officials, agen ts, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
(
d) Any failure to comply with the reporting provisions of the policies shall not affect co verage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.
(
e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. 3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured La Verne Council Meeting Agenda Packet May 15, 2023
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retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4 . Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5 . Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6. 0. GENERAL PROVISIONS

6. 1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6. 2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

C
onsultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6. 3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

C
onsultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6. 4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Badawi & Associates
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
City of La Verne
3660 D Street
La Verne, CA 91750
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Tel: 510-768-8244 Tel: 909-596-8752
Attn: Ahmed Badawi Attn: Christy Lopez
C
ourtesy copy to:

Cit
y of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing

6.5 . Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6 . Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7 . Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. C onsultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissi ons or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful La Verne Council Meeting Agenda Packet May 15, 2023
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misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9 . Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

N
otwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6. 11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents . Un less such property is proprietary in nature, all findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or La Verne Council Meeting Agenda Packet May 15, 2023
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organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6. 13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000, et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6. 14. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of Calif ornia applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6. 15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attr ibutable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6. 16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6. 17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

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6. 18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6. 19. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.2 0. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.2 1. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.2 2. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with i ts fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6. 23 . Amendments . Only a writing executed by the parties hereto or their respect ive successors and assigns may amend this Agreement.

6. 24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6. 25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6. 26 . Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6. 27. Corporate Authority. The persons executing this Agreement on behalf of the La Verne Council Meeting Agenda Packet May 15, 2023
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parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[
Signatures appear on following page.]
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I N WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

NSULTANT
__________________________________
Date: __________________________
Signature
__________________________________
[Name and Title]
C

ITY OF LA VERNE
_________________________________
_ Date: __________________________
[Name]
[Mayor or City Manager
AT
TEST:
__________________________________

Lupe Gaeta Estrella
Assistant City Clerk
APPR
OVED AS TO FORM:
__________________________________
Date: __________________________
Kimberly Hall Barlow
City Attorney
APPR
OVED AS TO INSURANCE:
__________________________________
Date: __________________________
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APPROVED AS TO CONTENT:
__________________________________
Date: __________________________
Ahmed Badawi
Project Manager
D
EPARTMENTAL APPROVAL:
__________________________________
Date: __________________________
Christy Lopez
Finance Director
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EXHIBIT A
R

EQUEST FOR PROPOSALS
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EXHIBIT B
C
ONSULTANT’S PROPOSAL
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EXHIBIT C
F

EE SCHEDULE
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City of La Verne, City Council
Agenda Report
DATE: May 15, 2023
T
O: Honorable Mayor and City Council
F
ROM: Eric Scherer, AICP, Community Development Director SUBJECT: DRAFT PARTNERSHIP AGREEMENT WITH THE LA VERNE

CHAMBER OF COMMERCE

SUMMARY
Annually, the City and the La Verne Chamber of Commerce enter into a Partnership Agreement for a 12- month term; July 1, 202 3, through June 30, 2024 , to include a financial subsidy of $45,000 for various services received benefitting the business community.

RECOMMENDATION
The City Council Chamber Liaison Committee and staff recommend the City Council approve Resolution No. 23- 25 approving the La Verne Chamber of Commerce’s Partnership Agreement, which includes programs and funding for a twelve-month term in the amount of $45,000 and an Incentive-Subsidy Program for Business Recruitment with a cost not to exceed $3,000 subject to Agreement provisions, and continuance of the previously approved line of credit not to exceed $10,000, from July 1, 2023 through June 30, 2024.

DISCUSSION
The La Verne Chamber of Commerce (Chamber) has submitted an updated Partnership Agreement for City assistance over a 12- month period, from July 1, 202 3, to June 30, 2024.

A
total subsidy of $45,000 is proposed over the 12-month term, to be paid in four (4) equal quarterly payments of $11,250. This subsidy is consistent with the current agreement.

Additionally, up to $3,000 will be provided as an incentive to new businesses to join the chamber by subsidizing their first year of membership.

T
here are no significant changes to the current agreement, with the removal of references to Covid recovery efforts and more details on services that the Chamber typically provides. A tracked version of the agreement is attached to identify the changes that have been made.

A
Chamber representative will present the Council with an overview of their programs and activities over the last year, and what events are anticipated for the coming year.

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Council Member Lau and Council Member Johnson have reviewed the draft partnership agreement and support the proposed modifications and recommend the approval of the proposed 12-month agreement.

FISCAL ANALYSIS
The Community Development Department has budgeted $48,000 for the agreement from the General Fund for Fiscal Year 2023-2024.

ENVIRONMENTAL ANALYSIS
None.

LEGAL REVIEW
This report and the attached Resolution were approved by the City Attorney.

ATTACHMENTS

1. Resolution No. 23-25

2. Draft Partnership Agreement 2023-2024 (Tracked)

Coordinated With: Coordinated With:

Kimberly Hall Barlow, City Attorney Christy Lopez, Finance Director La Verne Council Meeting Agenda Packet May 15, 2023
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RESOLUTION NO. 23-25

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

ANGELES, STATE OF CALIFORNIA, AUTHORIZING A PARTNERSHIP AGREEMENT WITH THE LA VERNE CHAMBER OF COMMERCE (FISCAL YEAR 2023-2024).

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

Section 1. That the Mayor and Assistant City Clerk of the City of La Verne are hereby authorized to execute a partnership Agreement with the La Verne Chamber of Commerce, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein.

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 15th day of May 2023.

________________________________
Mayor Tim Hepburn
ATTEST:

___________________________________
Lupe Gaeta Estrella, Assistant City Clerk

CERTIFICATION

I hereby certify that the foregoing Resolution No. 23-25 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 15 th day of March 2023, by
the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Lupe Gaeta Estrella, Assistant City Clerk

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20232-20243

ECONOMIC DEVELOPMENT AND PARTNERSHIP AGREEMENT
LA VERNE CHAMBER OF COMMERCE and

CITY OF LA VERNE

PARTNERSHIP AGREEMENT

THIS AGREEMENT, made by and between the CITY OF LA VERNE, a municipal corporation (hereinafter City) and LA VERNE CHAMBER OF COMMERCE, a non-profit corporation (hereinafter Chamber) agree as follows:

WHEREAS, the City is desirous of promoting the existing and potential commercial and industrial businesses and the desirability of disseminating information to said existing and potential commercial and industrial businesses; and

WHEREAS, the City benefits from a successful and vibrant commercial district which the Chamber provides for through a variety of programs, support services, and promotion throughout the year; and

WHEREAS, the Government Code authorizes the expenditures of monies accruing to the General Fund for such activities; and

WHEREAS, the Chamber is organized for and equipped to carry on the promotion of existing and potential commercial and industrial businesses and to publicize and assist these businesses to their best advantages;

NOW THEREFORE, in consideration of the premises and covenants and promises, hereinafter set forth, the parties hereto agree as follows:

1. TERMS
The term of this Agreement shall be from July 1, 20232 thru June 30, 20234.

2. PROGRAMS AND EVENTS
The Chamber will undertake the following programs in implementation of the above promotional activities on behalf of the business community of the City :
(The Chamber will make best efforts to plan and implement alternate events or programs in place of any that are cancelled in response to COVID guidelines.):

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ECONOMIC DEVELOPMENT

WEB SITE LINK
The Chamber will maintain a web site with links to the City and all other appropriate organizations. The Chamber’s web site has been upgraded to include opportunities for links with members and including the ability for members to place video ads on their member page. The Chamber will explore updates to the website to incorporate non-Chamber members while giving priority/more visibility to Chamber members. The Chamber will work with City to incorporate a web-based map on their website which may substitute for future Chamber of Commerce hard copy map requirement.

SHOP LA VERNE PROGRAM
The Chamber will develop strategies and marketing ideas that further enhance the local business economy and will work with local businesses to develop campaigns and events to encourage shopping locally.

 The Chamber will manage a Shop La Verne street banner program (Spring 20243). The City will cover the labor cost of installing and replacing up to 20 banners at a time, once during the period of this contract. The City will install the new banners within 30 days of receiving the banners from the Chamber. The Chamber will be responsible for ordering and paying for the banners, coordinating the install date with the City, and providing the banners to be installed to the City. Any costs associated with replacing damaged banners or brackets will be the responsibility of the Chamber. Any emergency replacement of banners outside of the agreed upon scheduled install dates will require reimbursement to the City from the Chamber for the staff time. As an alternate to this program, the Chamber may also distribute promotional material (i.e. reusable tote bags) at the Concerts in the Park series during the summer.

 The Chamber will continue to highlight Shop La Verne at the 4 th of
July parade provided one is held this year. The Chamber will participate in the parade with an entry that advertises the Shop La Verne program.

 The Chamber will hold its other sponsored events such as The Taste of La Verne and Excellence in La Verne Business of the Year Awards. A Special Event Permit shall be obtained at no charge for the Taste of La La Verne Council Meeting Agenda Packet May 15, 2023
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Verne event.

BUSINESS LICENSE LISTS
A list of new business licenses will be provided to the Chamber on a monthly basis. A complete list of business licenses will be provided 2 times a year, by the end of the months of February and August. The Chamber will provide these new businesses with a “Welcome Package” containing information from both City and the Chamber.

CHAMBER/CITY STAFF BUSINESS VISITATIONS
At a time convenient to both the City and the Chamber, a representative from each will conduct visitations to certain businesses within the City of La Verne. The businesses will be selected from the top-tier sales tax generators and other influential or unique businesses within the community with a goal of visiting a business every quarter. The object of these visitations will be to promote La Verne as a strong business community as well as an excellent place to do business and to enhance goodwill between the City, the Chamber and business owners. The Chamber also agrees to provide assistance in the implementation of the continuing Economic Development Positioning Strategy; a retail marketing effort to attract and retain business.

COVID-19 RE-OPEN AND RECOVERY
The Chamber will act as a conduit for the overall business community in partnership with the City in assisting with recovery from the COVID pandemic. Programs may include:
 Continuation of the Business Assistance Grants program initiated in 2022
 La Verne household matching gift card program
 Labor Attraction and Retention Program for post COVID recovery

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EDUCATION AND WORKFORCE DEVELOPMENT
The Chamber will implement programs that encourage meaningful business/education relationships with public and private schools.

TEACHER OF THE YEAR PROGRAM
The Chamber will continue the La Verne Schools Teacher of the Year Program for the term 202321-20243 and provide a public venue for the presentation of the awards. The final selection of the Teacher of the Year shall be made by the individual school sites through the criteria set forth by each individual school in the City of La Verne.

SCHOLARSHIP PROGRAM
The Chamber will continue to solicit donations from members to fund the Scholarship Program for the term 20232-20243. The Scholarship Program encourages students to pursue higher education following high school. It is open to graduating seniors whose primary residence is La Verne, CA who will be attending a vocational/technical school, a Community College or four-year college or university.

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COMMUNITY OUTREACH AND INVOLVEMENT
The Chamber will share important issues and activities with the community via their electronic media. The Chamber will promote corporate social responsibility and volunteerism to create a thriving community and provide enriching and relevant experiences for all citizens.

COMMUNITY YARD SALE & SPRING CLEAN-UP
The Chamber of Commerce, in conjunction with the City of La Verne and Bonita Unified School District will facilitate the Community Yard Sale in the spring of 20242. These events serve all 3 entities and are open to the public to be a vendor or to attend. The Chamber will be required to responsible obtain a no-charge Special Event Permit for the event, following all conditions listed on the permit. The Chamber will be responsible for providing access to restroom facilities for the event. This program is intended to assist the City in meeting AB 939 waste-diversion goals by helping people repurpose items that might otherwise have been discarded.

The Chamber will report an approximate of tonnage diverted.

STATE OF THE CITY
If the Chamber and the Rotary Club of La Verne (hereinafter Rotary) mutually agree to it, the Chamber will assume responsibilities of sponsoring and coordinating the annual State of the City address in La Verne (traditionally held in January). Other organizations can still be part of the event (Rotary, Bonita Unified, etc.) as the Chamber deems appropriate. The Mayor (or Mayor Pro Tem in his or her absence) will provide a presentation of the accomplishments of the previous calendar year and the goals for the coming year.

AMERICANS WITH DISABILITIES ACT EDUCATIONAL PROGRAMS
The Chamber will be responsible for coordinating and conducting informational workshops for La Verne businesses on the Americans with Disabilities Act (ADA) and how it might impact them. The Chamber shall provide the City with a proposal for the program by December 31, 202 32 which the City will fund through the monies the City collects on all City Business Licenses.

ABC NOTIFICATIONS (WHEN CONDUCTED)
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News, a notification that the La Verne Police Department in conjunction with the Bureau of Alcohol & Beverage Control implemented a program to stop the sale of alcohol to minors. The notification will include the results of these programs. The notification will be directed to restaurants and other businesses selling alcohol as a reminder for them to check identification before selling alcohol. This will be considered a public service announcement to help businesses remain compliant with State laws.

CITY UPDATES
The Chamber will provide the City Council with Quarterly Activity/Financial Updates, approximately two weeks after the end of each fiscal quarter beginning in October 202 32 (subsequent reports will be filed the following January, April, and July). The City will submit the agreed upon quarterly payment by the end of the same month provided that the Chamber reports are submitted on-time and are to the satisfaction of the City. The reports will be on Chamber activities and related financial breakdown of events that occurred in the prior 3 months. Quarterly Financial updates must include approved quarterly financials, bank statement reconciliation for prior completed quarter, and any deficiencies in comparison to adopted budget.

CITY MEMBERSHIP
The City will receive a free corporate membership and free access/space for all business/community events sponsored by the Chamber. In addition, the Chamber will be billed at actual costs for any City services at special events with no deposit required.

CITY UPDATES TO THE CHAMBER BOARD
City Staff and the City Council liaison(s), when available, will make an effort to attend two board meetings during the period (September and February) of this agreement to provide the Board an update of City efforts and issues as they relate to the Chamber of Commerce.

CITY COUNCIL CANDIDATES FORUM
The Chamber will coordinate and host a City Council Candidates Forum in election years not lessmore than 21 days prior to the election date. The Chamber of Commerce as an organization shall not publicly endorse any local (City) candidate in any election.

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OTHER CHAMBER ACTIVITY
The Chamber is dedicated to assisting local companies grow their business by taking the lead in programs and efforts that help create a strong local economy and make our community a great place to do business.

The Chamber generates business activity for the community. The Chamber initiates business-to-business commerce and opportunities for networking and connecting local professionals.

Through the Chamber’s website and newsletters, they update our members on various news and issues that are happening within our community, the state, and the nation.

The Chamber hosts professional development events that help owners and employees learn or improve upon skills that are essential to running a business.

Reducing costs is a concern for every business. The Chamber offers substantial discounts on everyday products and services to members. The Chamber provides exposure for our local businesses and encourages the community to shop local.

Opportunities include:
 Member Referrals
 Online/Print Directories
 eNewsletters
 Ribbon Cuttings
 Relocation & Visitor Information

The Chamber’s Legislative Committee works to advance the functions of local, state, and federal government by advocating issues associated with Education; Energy; Environment & Infrastructure; Labor; Transportation; Health Care; Housing & Land Use, Government and Regulations toward better public safety and a more robust economic base and climate for La Verne Council Meeting Agenda Packet May 15, 2023
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businesses and private enterprise.

The Chamber’s Workforce Development Committee supports excellence in education and promotes meaningful business/education relationships with public and private schools. The committee oversees the member funded scholarship program, Career & Resource fairs at local schools and internship programs.

3. CONSIDERATION
The City shall pay a total of $45,000 to Chamber in four equal quarterly payments of $11,250. Payments to Chamber shall be contingent upon timely receipt and City approval of Quarterly Activity/Financial Updates and be made by the end of the months of October 202 32, January 20243, April 202 43 and July 20243.

4. CONDITIONS
In light of this Agreement’s 12-month term, the following conditions will apply:

A. The Chamber will complete, at its own timing within the period of this agreement and to be shared with the City, the results of a members survey which asks members what they want to see from the Chamber
B. By June 30
th of each year Chamber will provide City with an
approved copy of its coming year’s annual budget outlining revenues, expenditures and projected proceeds from events.

C. By October of every odd numbered year, the Chamber will provide the City with a copy of its approved financial policy summary, outlining procedures associated with check and balances, cash handling, expenditure authorization procedures and board oversight practice criteria.

D. By August 30th of each year Chamber will provide City with an approved copy of its previous year’s comparable financial statement, to satisfaction of City. City reserves the right to require a third party financial review, should it be determined necessary.

5. LOAN COMMITMENT
The City’s loan commitment in the short-term loan agreement between Chamber and City (Agreement No. 12-03) attached hereto, marked Exhibit “A” and incorporated herein by this reference, is extended through June 30, 20243, except that total available loan amount available shall not exceed $10,000 (a reduction from the original $15,000 available).

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6. CITY INCENTIVE/SUBSIDY FOR NEW BUSINESS RECRUITMENT
Growth of the Chamber of Commerce is beneficial to the City, especially when it results in actual new business, which in-turn can generate new sales tax, employment, economic stability and/or other revenues such as property tax, CFD, etc. Program is hereby continued within this Agreement which provides a subsidy to such new businesses. Following are the requirements of this new business development subsidy program:

A. The City to reimburse 50% of the cost of the Chamber membership for any eligible new business (within their first year of business) that joins the Chamber (this also applies to a new owner of an existing business)
B. Subsidy is available up until 90 days after the first day of joining.

C. Subsidy will be paid to the Chamber of Commerce, upon demonstration that business meets criteria and has paid the initial 50% cost of membership.

D. Subsidy fund for this Agreement will be $3,000; any subsequent increases to the initial fund will be at the discretion of the City Manager and subject to finding that all other provisions of this Agreement have been met.

E. Subsidy is not available for home-based businesses.

F. Subsidy is not available for renewals of existing or past memberships (except if it is for a new owner of an existing business).

G. Subsidy is not available for businesses having an address outside La Verne City limits.

7. INDEMNIFICATION AND HOLD HARMLESS:

A. Chamber represents that it possesses the necessary qualifications to perform the services and duties set forth in this Agreement.

B. Chamber is an independent contractor and shall have no authority to bind City or to create or incur any obligation on behalf of, or liability against, City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Chamber, its employees, agents and subcontractors are not employees of City.

C. Chamber shall indemnify, defend and hold harmless, City, its elected and appointed officials, officers, agents and employees (collectively “Indemnities”) from and against any and all liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses of litigation, including reasonable attorneys’ fees, which Indemnities may suffer or incur or which Indemnities may become subject to by reason of or arising out of any injury to or death of any person(s), damage to property, or loss of use La Verne Council Meeting Agenda Packet May 15, 2023
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of property, allegedly caused by the negligent or willful acts or omissions of Chamber, its agents, officers, directors or employees, acting within the scope of their employment or affiliation with Chamber while performing the services set forth in this Agreement.

D. In the event that any action or proceeding is brought against Indemnities by reason of any of the matters against which Chamber has agreed to indemnify Indemnities, Chamber, upon notice from City, shall agree to defend Indemnities at Chamber’s expense by competent legal counsel. City agrees to notify Chamber within five (5) days of its receipt of service of legal process by a third party in a lawsuit naming City as a defendant and claiming injury to or death of any person(s), damage to property or loss of use of property, allegedly caused by the negligent or willful acts or omissions of Chamber, its agents, officers, directors or employees, acting within the scope of their employment or affiliation with Chamber while performing the services set forth in this Agreement.

E. Chamber’s indemnification under this Agreement does not extend to liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses of litigation, including attorney’s fees, which Indemnities may suffer or incur or which Indemnities may become subject to by reason of or arising out of any injury to or death of any person(s), damage to property, or loss of use of property caused by the active or passive negligence or willful acts or omissions of City, its elected and appointed officials, officers, agents, employees, volunteers or representatives.

F. The insurance required to be maintained by Chamber under Paragraph 5 shall ensure Chamber’s obligation under Paragraph 8, but the limits of such insurance shall not limit the liability of Chamber hereunder. The provisions of Paragraph 4 shall survive the expiration or earlier termination of this agreement.

8. INSURANCE:

A. Chamber shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in this Agreement by Chamber or its agents, representatives, or employees acting within the scope of their agency, employment or representation. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII.

B. Minimum Scope and Limits of Insurance:
1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of:

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 General Liability: Insurance Services Office General Liability Coverage (form CG 0001)
 Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 001, code 1 (any auto))
 Workers’ Compensation and Employers’ Liability: Workers’ Compensation insurance as required by the State of California and Employers’ Liability Insurance
2) Minimum Limits of Insurance. Limits no less than:
 General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities associated with this Agreement or the general aggregate limit shall be twice the required occurrence limit
 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
 Workers’ Compensation and Employers’ Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employers’ Liability limits of $1,000,000 per accident for bodily injury or disease. $1,000,000 per claim.

C. Other Provisions:
1) All Policies:
 Each insurance policy required by Paragraph 5 shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City.
 Any failure to comply with the reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its officers, officials, employees or volunteers.
 Any deductibles or self-insured retentions must be declared to and approved by City.
2) General Liability and Automobile Liability Insurance:
 City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured’s for liability arising out of the services provided by Chamber as set forth in this Agreement; premises owned, occupied or used by
Chamber; or automobiles owned, leased, hired or borrowed by Chamber. The coverage shall contain no special limitations on La Verne Council Meeting Agenda Packet May 15, 2023
232

Ref: Resolution No. 232-39XX
Chamber of Commerce Contract Agreement
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the scope of protection afforded to City, its officers, officials or employees.
 Chamber insurance shall be primary insurance with respect to City, its officers, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, employees or volunteers shall apply in excess of, and not contribute with, Chamber’s insurance.
 Chamber’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer’s liability.
3) Workers’ Compensation Insurance:
 Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from the services performed by Chamber as set forth in this Agreement.
4) Certificates of Insurance:
 Chamber agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance sufficient to satisfy City that the insurance provisions of Paragraph 5 of this Agreement have been complied with. The City attorney may require that Chamber furnish City with copies of original endorsements effecting coverage as required by Paragraph 5 of this Agreement. The certificates or endorsements must be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.

IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions on the date written below.

Dated: _____________________

LA VERNE CHAMBER OF COMMERCE

By ___________________________________
Juan FuentesMorgan Sternquist
Chair of the Board of Directors

La Verne Council Meeting Agenda Packet May 15, 2023
233

Ref: Resolution No. 232-39XX
Chamber of Commerce Contract Agreement
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By ___________________________________
Juan Fuentes
Incoming Chair of the Board of Directors

CITY OF LA VERNE

By ___________________________________
Tim Hepburn
Mayor

By ___________________________________
Lupe Estrella
Assistant City Clerk
La Verne Council Meeting Agenda Packet May 15, 2023
234

CITY OF LA VERNE

CITY COUNCIL AGENDA
________________________________________________________________________

Monday, May 15, 2023, at 6:30 p.m.

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 routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)

1. CI
TY COUNCIL MINUTES of the adjourned meeting of April 24, 2023, Regular meeting of May 1, 2023, and Special meeting of May 3, 2023.

Recommendation: That the City approve the City Council Minutes.

2. R
egister of Audited Demands in the amount of $1,647,504.66 dated April 27, 2023, and in the amou
nt of $651,036.41 dated May 4, 2023.

Recommendation: That the City Council approve the demands.

4. MILITARY APPRECIATION MONTH - May of each year is officially recognized as Military Appreciation Month in which those in and out of the military are recognized.

Recommendation: That the City Council proclaim May 2023 as Military Appreciation Month.

Recommendation: T hat the City Council appropriate $31,250 from the Miscellaneous Grants Fund for special needs events/programs, staff training, behavior consultation, and instructional materials.

Recommendation: That the City Council approve Resolution No. 23-18, titled: “A RESOLUTION

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

ANGELES, STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT,” approving the proposed SB1 project list for fiscal year 2023-24.

Recommendation: That the City Council adopt Resolution No.23- 19, titled: A RESOLUTION OF

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

ANGELES, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO

APPROVE THE ANNUAL REPORT OF THE OLD TOWN LA VERN E
B

USINESS IMPROVEMENT DISTRICT WHICH INCLUDES A BUDGET A ND R

EESTABLISHES THE BOUNDARIES AND ASSESSMENT FORMULA FO R T
HE 2023- 2024 FISCAL YEAR AND SETS A PUBLIC HEARING ON TH E M
ATTER FOR MONDAY, JUNE 5, 2023, AT 6:30 P.M.

MAINTENANCE DISTRICT WITHIN SAID CITY, DECLARING ITS

INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF

ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6), FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

Recommendation: That City Council adopt the Resolution No. 23-21, titled: A RESOLUTION

MAINTENANCE DISTRICT WITHIN SAID CITY, DECLARING ITS

INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF

ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #7) FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

Recommendation: That City Council adopt the Resolution No. 23-22, titled: A RESOLUTION

MAINTENANCE DISTRICT WITHIN SAID CITY, DECLARING ITS

INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF

ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #8) , FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

Recommendation: T hat City Council adopt the Resolution No. 23-23, titled: A RESOLUTION

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

ANGELES, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO

PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2023 -24 IN A SPECIAL

MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING THEREON (84-1M). FOR MONDAY, JUNE 19, 2023, AT 6:30 P.M.

PUBLIC HEARINGS

13. AL

LA VERNE, CALIFORNIA AMENDING THE ZONING PROVISIONS OF

THE LA VERNE MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNI TS IN

ACCORDANCE WITH STATE LAW AND MAKING A DETERMINATION

THAT ADOPTION OF THE ORDINACE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Recommendation: That the City Council introduce by title only , waive further reading of Ordinance No. 1117, entitled: AN ORDINANCE OF THE CITY COUNCIL

URBAN LOT SPLITS AND TWO RESIDENTIAL UNIT DEVELOPMENTS

AND MAKING A DETERMINATION THAT THE ADOPTION OF THE

ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

OTHER MATTERS

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

CALIFORNIA, AUTHORIZING AN AGREEMENT WITH BADAWI &

ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS FOR
PROFESSIONAL AUDITING SERVICES.

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

Ad
journment in memory of Teri Muse, City of La Verne’s Waste Management Public Sector Manager.

THE NEXT REGULAR MEETING of the La Verne City Council is scheduled for June 5, 2023, at 6:30 p.m.

La Verne City CouncilMay 15, 2023

La Verne City Council
May 15, 2023