2022-10-02 City Council Meeting Amended Agenda
CITY COUNCIL AGENDA AMENDED 2023-10-02 (REGULAR AND STUDY SESSION).PDF
2022-10-02 City Council Meeting Amended Agenda Packet
CITY COUNCIL AGENDA PACKET 2023-10-02 (1) - COPY.PDF
1. Documents:
1.I.
Documents:
___________________________________________________________________
AMENDED
Monday, October 2, 2023
Landscaping & Lighting District Study Session at 5:30 p.m.
Joint Regular City Council & Public Financing
Authority Meetings at 6:30 p.m.,
La Verne City Hall Council Chambers
3660 “D” Street, La Verne, CA
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 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
Individuals who wish to share their comments with Council during the meeting may do so in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where 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.
Call into the meeting via phone 1-669-900-6833 and enter ID 816 6168 9924 when prompted.
Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
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.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 2
STUDY SESSION – 5:30 p.m.
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.
STUDY SESSION ON LANDSCAPING AND LIGHTING DISTRICTS
The City Council will recess and reconvene at 6:30 p.m. for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING – 6:30 p.m.
PLEDGE OF ALLEGIANCE by Matthew Jackson; Army National Guard; Major.
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.
PRESENTATIONS
1. RECOGNITION OF KENADIE KELLY. Kenadie Kelly is a 13 -year-old student at Ramona Middle School who is being honored for her dedicated service to our four-legged friends. Over the last four to five years, Kenadie has donated proceeds from her Girl Scout cookie money to local shelters in La Verne and neighboring cities. She additionally creates bookmarks and sea glass jewelry, providing 100% of her sales to shelters.
Kenadie has donated over $5,000 in the past few years to various shelters and recently donated $250 to the La Verne K9 Polic e Foundation. The City Council will provide a Certificate of Recognition to Kenadie for her community efforts.
2. PINK PATCH PRESENTATION BY LA VERNE POLICE DEPARTMENT
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 3
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. CITY COUNCIL MINUTES of the study session and regular City Council meeting s of September 18, 2023.
RECOMMENDATION: That the City Council approve the minutes.
2. REGISTER OF AUDITED DEMANDS for the following:
Fiscal Year 2023 -24 – In the amount of $361,909.55, dated September 6, 2023, in the amount of $1,857,440.46 dated September 13, 2023; and in the amount of $988,812.07, dated September 20, 2023
RECOMMENDATION: That the City Councill approve the Register of Audited Demands.
3. RED RIBBON WEEK 2023 PROCLAMATION- Duarte Elks Lodge #1427 has requested that the City Council proclaim the week of October 23 to 31, 2023, as Red Ribbon Week. Upon approval, the proclamation would be presented at the October 16 City Council meeting.
RECOMMENDATION: That the City Council approve the Red Ribbon Week Proclamation to be presented at the October 16, 2023, City Council meeting.
4. DECLARATION OF SURPLUS PUBLIC WORKS PROEPRTY - The Public Works Department is seeking City Council declaration of certain vehicles and equipment as surplus property. Each listed unit is no longer useful or is ineffective for current operational requirements and is proposed to be disposed of per Administrative Regulation No. 606.
RECOMMENDATION: That the City Council declare the vehicles and equipment identified in Attachment 1 as surplus and direct staff to sell each asset per Administrative Regulation No. 606.
5. AUTHORIZE AGREEMENT WITH MERRIMAC PETROLEUM, INC., DBA MERRIMAC ENERGY GROUP, FOR FUEL DELIVERY SERVICES - This item seeks City Council authorization to enter into an agreement with an initial term of one-year and option to renew up to four additional one -year extensions, with Merrimac Petroleum, Inc, DBA Merrimac Energy Group, for fuel delivery services in an amount not-to-exceed $305,000 per year.
RECOMMENDATION: That the City Council approve an agreement, with an initial term of one-year and option to administratively renew up to four additional one-year extensions, with Merrimac Energy Group for fuel delivery services, in a not-to-exceed amount of $305,000 per year.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 4
6. CITY OF LA VERNE INVESTMENT POLICY FOR PUBLIC FUNDS - To ensure the guidelines for investment of temporary idle cash is managed consistently with the California Government Code and the conservative investment philosophy of the City Council, to maximize investment while safeguarding the assets of the City, the Investment Policy has been reviewed and updated.
RECOMMENDATION: That the City Council adopt Resolution No. 23 -67, titled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING OF THE CITY’S INVESTMENT POLICY FOR PUBLIC FUNDS.”
7. PROCLAMATION AND CERTIFICATE OF RECOGNITION POLICY - The City Council is requested to approve the Proclamation and Certificate of Recognition Policy to be included within the City of La Verne’s Administrative Regulations. The Policy outlines the City’s procedure for pr ocessing requests for honorary proclamations and certificates from the community.
RECOMMENDATION: That the City Council approve the Proclamation and Certificate of Recognition Policy.
THE LA VERNE CITY COUNCIL WILL RECESS TO MEET AS THE LA VERNE PUBLIC FINANCING AUTHORITY.
PUBLIC FINANCING AUTHORITY
8. PUBLIC FINANCING AUTHORITY MINUTES of the meeting of August 7, 2023.
RECOMMENDATION: That the Board approve the minutes.
9. RESOLUTION NO. JPFA -69 GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO MOBILE HOME PARK) – Resolution No. JPFA -69, grants an easement to Southern California Edison Company for utility purposes at the Valley Rancho Mobile Home Park which is owned by the La Verne Public Financing Authority. This easement is similar to one approved for the Southern California Gas Company and will allow the conversion of the current utility infrastructure for electrical to be replaced, improved, and transferred.
RECOMMENDATION: That the Board adopt Resolution No. JPFA -69, titled, “A
RESOLUTION OF THE LA VERNE PUBLIC FINANCING AUTHORITY, GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO MOBILE HOME PARK).”
LA VERNE PUBLIC FINANCING AUTHORITY WILL ADJOURN AND THE CITY
COUNCIL WILL IMMEDIATELY RECONVENE
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 5
PUBLIC HEARINGS
10. CASE NUMBERS 74-23ANX AND 93 -23ZC – 406 BASELINE ROAD – ANNEXATION
FROM COUNTY OF LOS ANGELES INTO LA VERNE AND ZONE CHANGE TO ESTABLISH PRE-ZONING DESIGNATION - The applicant, Deborah Chavez, is proposing to annex 406 Baseline Road (APN No. 8666-009-033), a 15,096 square foot parcel, from the County of Los Angeles into the City of La Verne. A Pre-Annexation Zone Change is proposed to establish the zoning designation for the site that is currently within the unincorporated area of Los Angeles County.
RECOMMENDATION: That the City Council:
1. Approve Case Nos. 74 -23ANX and 93 -3ZC with a Categorical Exemption from the California Environmental Quality Act, together with a subsequent Local Agency Formation Commission (LAFCO) approval of annexation of this property into the City of La Verne.
2. Adopt Resolution No. 23 -68, titled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ANNEXATION OF 406 BASELINE ROAD, APN# 8666 -009-033, (15,096
SQUARE FEET) FROM LOS ANGELES UNINCORPORATED COUNTY INTO THE CITY OF LA VERNE; and
3. Introduce, waive further reading, and place on first reading, Ordinance No. 1120, Titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ESTABLISHING A PRE -ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING OF A-1-15000 TO PR3D AND ADOPTING THE PR3D (HDOZ) ZONING FOR 406 BASELINE ROAD (APN No. 8666-009-033) IN THE CITY OF LA VERNE AND FINDING THE ORDINANCE
TO BE CA TEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
OTHER MATTERS
11. ASSEMBLY BILL 481 MILITARY EQUIPMENT LOAN REQUEST BY SIERRA MADRE POLICE DEPARTMENT - The Police Department is a member of the Foothills Special Enforcement Team (FSET), whose membership grew in 2023 with the addition of the City of Sierra Madre Police Department. This item follows the procedures outlined in Assembly Bill 481 (AB 481) regarding loaning equipment between police agencies.
RECOMMENDATION: That the City Council approve the loan of three (3) Colt rifles to the City of Sierra Madre Police Dep artment, for a period of up to one year from the date of approval.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 6
12. AWARD OF CONTRACT FOR LAS FLORES PARK AQUATIC CENTER- POOL DECKING AND PLASTER IMPROVEMENT PROJECT - This action will appropriate funding and award a construction contract to California Waters Development, Inc., in the amount of $1,330,505 for the Las Flores Park Pool renovations. The project will be funded in part from a financial contribution from Assembly Member Chris Holden's office, with the remaining amount shared equally by the C ity and its Aquatic Center Partners – University of La Verne and Bonita Unified School District.
RECOMMENDATION: That the City Council:
1. Award a public works construction contract to California Waters Development, Inc., the lowest, most responsible bidder, in the amount of $1,330,505 for the Las Flores Park Aquatic Center- Pool Decking and Plaster Improvement Project (Project, No. PK2301).
2. Authorize staff to issue change orders not exceeding 15% of the construction budget for a total possible cost of $1,530,081, and
3. Adopt Resolution No. 23-69, titled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING EXECUTION OF A PUBLIC WORKS CONTRACT WITH CALIFORNIA WATERS DEVELOPMENT, INC., FOR THE LAS FLORES PARK AQUATIC CENTER POOL DECKING AND PLASTER IMPROVEMENT PROJECT and appropriating $30,081 from the Park Development Fund to the Las Flores Park Aquatic Center- Pool Decking and Plaster Improvement Project.
13. ORDINANCE ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF
THE LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF
TRANSPORTATION FACILITIES - The City aims to maintain all public areas in a clean, sanitary, safe, attractive, and accessible condition and to protect the community's health, safety, environment, and general welfare. Existing code provisions regulate use of and access to city streets, sidewalks, parks, and parkways. Staff recommends adding similar provisions to protect access to transportation facilities in the City by preventing conduct which interferes with the rights of others to use and enjoy those areas as intended by amending Title 12 of the La Verne Municipal Code to include prohibition of obstructing transportation facilities and regulations of camping, storage of personal property or bulky items in or upon transportation facilities in the City.
RECOMMENDATION: That the City Council waive further reading of the Ordinance and place on first reading Ordinance No. 1121, titled: AN ORDINANCE OF THE CITY COUNCIL,
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING DIVISION IV OF TITLE 12 OF THE LA VERNE MUNICIPAL CODE (TRANSPORTATION FACILITIES), CHAPTER 12.60 OBSTRUCTION OF TRANSPORTATION FACILITIES
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 7
PUBLIC COMMENTS - 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 n ot appearing on the posted agenda. However, your concerns may be referred to staff or placed 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 a Closed Session for the following:
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and City Attorney.
Employee Organization(s): La Verne City Employees Association and the La Verne Police Officers’ Association
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, October 16, 2023, at 5:30 P.M.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 8
RESIDENT INFORMATION
NOTICED VACANCIES ON CITY BOARDS, COMMISSIONS, AND COMMITTEES
For information on applying, please visit www.cityoflaverne.org/apply
• Measure LV Oversight Committee – Closing October 5, 2023, at 6pm • Public Financing Authority, EIFD Public Member – Closing October 5, 2023, at 6pm
UPCOMING EVENTS AND MEETINGS
Saturday, October 7 – 4th Annual Vendor Faire: 10:00 AM @ Heritage Park
Tuesday, October 10 – Active Transportation Committee Meeting: 5:00 PM @ City Council Chambers
Wednesday, October 11 – Planning Commission Meeting: 6:30 PM @ City Council Chambers
Saturday, October 14 – Trunk-or-Treat: 5:00 PM @ La Verne Community Center
Monday, October 16 – City Council Meeting: 5:30 PM @ City Council Chambers
Wednesday, October 18 – Senior Advisory Committee Meeting: 10:00 AM @ La Verne Community Center
Saturday, October 21 – Public Safety Open House: 9:00 AM @ Public Safety Building
Saturday, October 21 – Pumpkin Patch Car Show: 10:00 AM @ Heritage Park
Tuesday, October 24 – Youth & Family Action Committee Meeting: 6:30 PM @ City Council Chambers
Friday, October 27 – Halloween Hop: 5:00 PM @ La Verne Community Center
Saturday, October 28 – DEA Drug Take-Back Event: 10:00 AM @ Public Safety Building
Saturday, October 28 – Halloween Carnival: 5:00 PM @ La Verne Community Center
RESIDENT NOTIFICATIONS
Be the first to know about City of La Verne news! Residents may subscribe to receive notifications for agendas, city-wide news, special events, the monthly City Manager Newsletter, and much more! Visit www.cityoflaverne.org/notifyme to sign up!
Posting Statement: A true copy of this Agenda was posted on September 26, 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.
1 City Council Agenda Packet, Monday, October 2, 2023
Agenda 2
Agenda Items
1. City Council Minutes 10
2. Register of Audited Demands 22
3. Red Ribbon Week Proclamation 34
4. Declaration of Surplus Public Works Property 36
5. Fuel Delivery Services Agreement 38
6. Investment Policy for Public Funds 62
7. Proclamation and Certificate of Recognition Policy 90
8. Public Financing Authority Minutes 96
9. Easement at 2909 (Valley Rancho Mobile Home
Park) 98
10. Proposed Annexation of 406 Baseline Road 104
11. AB 481 Military Equipment Loan Request 124
12. Award of Contract for Las Flores Park Aquatic
Center 126
13. Amending Title 12 of the La Verne Municipal Code
Regarding Obstructions of Transportation
Facilities, Ordinance No. 1121 134
___________________________________________________________________
AMENDED
Monday, October 2, 2023
Landscaping & Lighting District Study Session at 5:30 p.m.
Joint Regular City Council & Public Financing
Authority Meetings at 6:30 p.m.,
La Verne City Hall Council Chambers
3660 “D” Street, La Verne, CA
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 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
Individuals who wish to share their comments with Council during the meeting may do so in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where 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.
Call into the meeting via phone 1-669-900-6833 and enter ID 816 6168 9924 when prompted.
Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
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.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 2
STUDY SESSION – 5:30 p.m.
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.
STUDY SESSION ON LANDSCAPING AND LIGHTING DISTRICTS
The City Council will recess and reconvene at 6:30 p.m. for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING – 6:30 p.m.
PLEDGE OF ALLEGIANCE by Matthew Jackson; Army National Guard; Major.
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.
PRESENTATIONS
1. RECOGNITION OF KENADIE KELLY. Kenadie Kelly is a 13 -year-old student at Ramona Middle School who is being honored for her dedicated service to our four-legged friends. Over the last four to five years, Kenadie has donated proceeds from her Girl Scout cookie money to local shelters in La Verne and neighboring cities. She additionally creates bookmarks and sea glass jewelry, providing 100% of her sales to shelters.
Kenadie has donated over $5,000 in the past few years to various shelters and recently donated $250 to the La Verne K9 Polic e Foundation. The City Council will provide a Certificate of Recognition to Kenadie for her community efforts.
2. PINK PATCH PRESENTATION BY LA VERNE POLICE DEPARTMENT
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 3
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. CITY COUNCIL MINUTES of the study session and regular City Council meeting s of September 18, 2023.
RECOMMENDATION: That the City Council approve the minutes.
2. REGISTER OF AUDITED DEMANDS for the following:
Fiscal Year 2023 -24 – In the amount of $361,909.55, dated September 6, 2023, in the amount of $1,857,440.46 dated September 13, 2023; and in the amount of $988,812.07, dated September 20, 2023
RECOMMENDATION: That the City Councill approve the Register of Audited Demands.
3. RED RIBBON WEEK 2023 PROCLAMATION- Duarte Elks Lodge #1427 has requested that the City Council proclaim the week of October 23 to 31, 2023, as Red Ribbon Week. Upon approval, the proclamation would be presented at the October 16 City Council meeting.
RECOMMENDATION: That the City Council approve the Red Ribbon Week Proclamation to be presented at the October 16, 2023, City Council meeting.
4. DECLARATION OF SURPLUS PUBLIC WORKS PROEPRTY - The Public Works Department is seeking City Council declaration of certain vehicles and equipment as surplus property. Each listed unit is no longer useful or is ineffective for current operational requirements and is proposed to be disposed of per Administrative Regulation No. 606.
RECOMMENDATION: That the City Council declare the vehicles and equipment identified in Attachment 1 as surplus and direct staff to sell each asset per Administrative Regulation No. 606.
5. AUTHORIZE AGREEMENT WITH MERRIMAC PETROLEUM, INC., DBA MERRIMAC ENERGY GROUP, FOR FUEL DELIVERY SERVICES - This item seeks City Council authorization to enter into an agreement with an initial term of one-year and option to renew up to four additional one -year extensions, with Merrimac Petroleum, Inc, DBA Merrimac Energy Group, for fuel delivery services in an amount not-to-exceed $305,000 per year.
RECOMMENDATION: That the City Council approve an agreement, with an initial term of one-year and option to administratively renew up to four additional one-year extensions, with Merrimac Energy Group for fuel delivery services, in a not-to-exceed amount of $305,000 per year.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 4
6. CITY OF LA VERNE INVESTMENT POLICY FOR PUBLIC FUNDS - To ensure the guidelines for investment of temporary idle cash is managed consistently with the California Government Code and the conservative investment philosophy of the City Council, to maximize investment while safeguarding the assets of the City, the Investment Policy has been reviewed and updated.
RECOMMENDATION: That the City Council adopt Resolution No. 23 -67, titled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING OF THE CITY’S INVESTMENT POLICY FOR PUBLIC FUNDS.”
7. PROCLAMATION AND CERTIFICATE OF RECOGNITION POLICY - The City Council is requested to approve the Proclamation and Certificate of Recognition Policy to be included within the City of La Verne’s Administrative Regulations. The Policy outlines the City’s procedure for pr ocessing requests for honorary proclamations and certificates from the community.
RECOMMENDATION: That the City Council approve the Proclamation and Certificate of Recognition Policy.
THE LA VERNE CITY COUNCIL WILL RECESS TO MEET AS THE LA VERNE PUBLIC FINANCING AUTHORITY.
PUBLIC FINANCING AUTHORITY
8. PUBLIC FINANCING AUTHORITY MINUTES of the meeting of August 7, 2023.
RECOMMENDATION: That the Board approve the minutes.
9. RESOLUTION NO. JPFA -69 GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO MOBILE HOME PARK) – Resolution No. JPFA -69, grants an easement to Southern California Edison Company for utility purposes at the Valley Rancho Mobile Home Park which is owned by the La Verne Public Financing Authority. This easement is similar to one approved for the Southern California Gas Company and will allow the conversion of the current utility infrastructure for electrical to be replaced, improved, and transferred.
RECOMMENDATION: That the Board adopt Resolution No. JPFA -69, titled, “A
RESOLUTION OF THE LA VERNE PUBLIC FINANCING AUTHORITY, GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO MOBILE HOME PARK).”
LA VERNE PUBLIC FINANCING AUTHORITY WILL ADJOURN AND THE CITY
COUNCIL WILL IMMEDIATELY RECONVENE
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 5
PUBLIC HEARINGS
10. CASE NUMBERS 74-23ANX AND 93 -23ZC – 406 BASELINE ROAD – ANNEXATION
FROM COUNTY OF LOS ANGELES INTO LA VERNE AND ZONE CHANGE TO ESTABLISH PRE-ZONING DESIGNATION - The applicant, Deborah Chavez, is proposing to annex 406 Baseline Road (APN No. 8666-009-033), a 15,096 square foot parcel, from the County of Los Angeles into the City of La Verne. A Pre-Annexation Zone Change is proposed to establish the zoning designation for the site that is currently within the unincorporated area of Los Angeles County.
RECOMMENDATION: That the City Council:
1. Approve Case Nos. 74 -23ANX and 93 -3ZC with a Categorical Exemption from the California Environmental Quality Act, together with a subsequent Local Agency Formation Commission (LAFCO) approval of annexation of this property into the City of La Verne.
2. Adopt Resolution No. 23 -68, titled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ANNEXATION OF 406 BASELINE ROAD, APN# 8666 -009-033, (15,096
SQUARE FEET) FROM LOS ANGELES UNINCORPORATED COUNTY INTO THE CITY OF LA VERNE; and
3. Introduce, waive further reading, and place on first reading, Ordinance No. 1120, Titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ESTABLISHING A PRE -ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING OF A-1-15000 TO PR3D AND ADOPTING THE PR3D (HDOZ) ZONING FOR 406 BASELINE ROAD (APN No. 8666-009-033) IN THE CITY OF LA VERNE AND FINDING THE ORDINANCE
TO BE CA TEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
OTHER MATTERS
11. ASSEMBLY BILL 481 MILITARY EQUIPMENT LOAN REQUEST BY SIERRA MADRE POLICE DEPARTMENT - The Police Department is a member of the Foothills Special Enforcement Team (FSET), whose membership grew in 2023 with the addition of the City of Sierra Madre Police Department. This item follows the procedures outlined in Assembly Bill 481 (AB 481) regarding loaning equipment between police agencies.
RECOMMENDATION: That the City Council approve the loan of three (3) Colt rifles to the City of Sierra Madre Police Dep artment, for a period of up to one year from the date of approval.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 6
12. AWARD OF CONTRACT FOR LAS FLORES PARK AQUATIC CENTER- POOL DECKING AND PLASTER IMPROVEMENT PROJECT - This action will appropriate funding and award a construction contract to California Waters Development, Inc., in the amount of $1,330,505 for the Las Flores Park Pool renovations. The project will be funded in part from a financial contribution from Assembly Member Chris Holden's office, with the remaining amount shared equally by the C ity and its Aquatic Center Partners – University of La Verne and Bonita Unified School District.
RECOMMENDATION: That the City Council:
1. Award a public works construction contract to California Waters Development, Inc., the lowest, most responsible bidder, in the amount of $1,330,505 for the Las Flores Park Aquatic Center- Pool Decking and Plaster Improvement Project (Project, No. PK2301).
2. Authorize staff to issue change orders not exceeding 15% of the construction budget for a total possible cost of $1,530,081, and
3. Adopt Resolution No. 23-69, titled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING EXECUTION OF A PUBLIC WORKS CONTRACT WITH CALIFORNIA WATERS DEVELOPMENT, INC., FOR THE LAS FLORES PARK AQUATIC CENTER POOL DECKING AND PLASTER IMPROVEMENT PROJECT and appropriating $30,081 from the Park Development Fund to the Las Flores Park Aquatic Center- Pool Decking and Plaster Improvement Project.
13. ORDINANCE ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF
THE LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF
TRANSPORTATION FACILITIES - The City aims to maintain all public areas in a clean, sanitary, safe, attractive, and accessible condition and to protect the community's health, safety, environment, and general welfare. Existing code provisions regulate use of and access to city streets, sidewalks, parks, and parkways. Staff recommends adding similar provisions to protect access to transportation facilities in the City by preventing conduct which interferes with the rights of others to use and enjoy those areas as intended by amending Title 12 of the La Verne Municipal Code to include prohibition of obstructing transportation facilities and regulations of camping, storage of personal property or bulky items in or upon transportation facilities in the City.
RECOMMENDATION: That the City Council waive further reading of the Ordinance and place on first reading Ordinance No. 1121, titled: AN ORDINANCE OF THE CITY COUNCIL,
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING DIVISION IV OF TITLE 12 OF THE LA VERNE MUNICIPAL CODE (TRANSPORTATION FACILITIES), CHAPTER 12.60 OBSTRUCTION OF TRANSPORTATION FACILITIES
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 7
PUBLIC COMMENTS - 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 n ot appearing on the posted agenda. However, your concerns may be referred to staff or placed 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 a Closed Session for the following:
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and City Attorney.
Employee Organization(s): La Verne City Employees Association and the La Verne Police Officers’ Association
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, October 16, 2023, at 5:30 P.M.
AGENDA, La Verne City Council Study Session and Joint Regular & PFA Meetings of October 2, 2023, Page 8
RESIDENT INFORMATION
NOTICED VACANCIES ON CITY BOARDS, COMMISSIONS, AND COMMITTEES
For information on applying, please visit www.cityoflaverne.org/apply
• Measure LV Oversight Committee – Closing October 5, 2023, at 6pm • Public Financing Authority, EIFD Public Member – Closing October 5, 2023, at 6pm
UPCOMING EVENTS AND MEETINGS
Saturday, October 7 – 4th Annual Vendor Faire: 10:00 AM @ Heritage Park
Tuesday, October 10 – Active Transportation Committee Meeting: 5:00 PM @ City Council Chambers
Wednesday, October 11 – Planning Commission Meeting: 6:30 PM @ City Council Chambers
Saturday, October 14 – Trunk-or-Treat: 5:00 PM @ La Verne Community Center
Monday, October 16 – City Council Meeting: 5:30 PM @ City Council Chambers
Wednesday, October 18 – Senior Advisory Committee Meeting: 10:00 AM @ La Verne Community Center
Saturday, October 21 – Public Safety Open House: 9:00 AM @ Public Safety Building
Saturday, October 21 – Pumpkin Patch Car Show: 10:00 AM @ Heritage Park
Tuesday, October 24 – Youth & Family Action Committee Meeting: 6:30 PM @ City Council Chambers
Friday, October 27 – Halloween Hop: 5:00 PM @ La Verne Community Center
Saturday, October 28 – DEA Drug Take-Back Event: 10:00 AM @ Public Safety Building
Saturday, October 28 – Halloween Carnival: 5:00 PM @ La Verne Community Center
RESIDENT NOTIFICATIONS
Be the first to know about City of La Verne news! Residents may subscribe to receive notifications for agendas, city-wide news, special events, the monthly City Manager Newsletter, and much more! Visit www.cityoflaverne.org/notifyme to sign up!
Posting Statement: A true copy of this Agenda was posted on September 26, 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 A STUDY SESSION ON THE CHRISTMAS
MORNING PROGRAM AND THE
REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
Monday, September 18, 2023
________________________________________________
A Study Session on the Christmas Morning Program was called to order by Mayor Hepburn at 5:35 p.m.
Council Members present: Mayor Tim Hepburn
Mayor Pro Tem Wendy Lau
Council Member Rick Crosby
Council Member Steven Frank Johnson
Council Member Meshal “Kash” Kashifalghita
Absent: None.
Staff present: City Manager Ken Domer
Assistant City Manager JR Ranells
City Attorney Kimberly Hall Barlow
Fire Chief Chris Nigg
Community Services Director Yvonne Duran
Acting Police Chief Sam Gonzalez
PERK YOUR PARK Mayor Hepburn reminded residents that today is the last day to support La Verne parks by logging in and voting for La Verne parks. The winner will be awarded a $75,000 grant.
STUDY SESSION ON
CHRISTMAS MORNING
PROGRAM
City Manager Domer reported on the Christmas Morning Program. He summarized the last study session along with a slide presentation. In his presentation, he pointed to the City’s growth, increase in Fire calls, the lack of volunteers and 12-hour staff shifts or more has made the program difficult to run. He stated that the Christmas Morning Program is La Verne’s most treasured tradition in the City. He stated that a survey was conducted, and 302 residents responded. He summarized the Christmas Program Survey results, which showed residents wished to keep the
Christmas Morning
program, but understood the difficulty in running the program. Suggestions were made to do away with the goodie bags and shortening the routes.
City Manager Domer recommended that the City Council should continue the Christmas Morning Program for another year pending review and feedback, plan for six (6) routes based on vehicle and volunteer availability, no goodie bags, volunteer commitment of 4 hours, emergency vehicle use as lead to be able to respond to calls, eliminate cul- de-sacs and authorize double overtime incentive for City staff to work the event.
After City Council discussion on the matter, Mayor Hepburn called for public comment on the Christmas Morning Program.
Monday, October 2, 2023 City Council Agenda Packet
10 Muir Davis, La Verne resident, and former City Council Member presented a proposal community staffed program using only staff who are on duty to run the Christmas Morning Program. He presented his proposal and he looked forward to discussing it with staff and the City Council. (A copy of the Santa’s Helpers LV proposal is attached).
Pam Berry, La Verne resident, stated she wanted the Christmas Morning Program to continue. She asked that cul-de-sacs not be eliminated from the routes.
Danita Beachamp, La Verne, resident, stated she was in support of continuing the Christmas Morning and that the City eliminate the goodie bags.
Marlou Faustini, La Verne resident, and La Verne RSVP, stated she loves the Christmas Morning Program Tradition, but it was hard on the RSVPs who have volunteered for the past four years working long hours and missing Christmas with their families.
Sherry Best, La Verne resident, liked the Santa’s Helpers LV proposal presented by Muir Davis.
Patti Latourelle, La Verne resident, stated that the Christmas Morning tradition is dear to her and supports the changes. She asked that cul-de- sacs not be eliminated from the routes.
Kathy Kalousek, La Verne resident, also liked the Santa’s Helpers LV proposal presented by Muri Davis and to not eliminate cul-de-sacs from the route.
Lilly Haung, La Verne resident, stated the Christmas Morning tradition is part of La Verne’s history and should keep it.
Denise Fisher, La Verne resident, asked that the cul-de-sacs not be eliminated from the routes and suggested moving the event to the afternoon.
After discussion by the City Council, it was agreed to push forward with the Christmas Morning Program this year with Christmas Morning Lite, no goodie bags and to keep the cul-de-sacs in the routes.
The City Council recessed at 6:31 p.m. and reconvened at 6:45 p.m.to the regularly scheduled City Council meeting.
A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:45 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.
Monday, October 2, 2023 City Council Agenda Packet
11 Council Members Present Mayor Tim Hepburn
Mayor Pro Tem Wendy Lau
Council Member Rick Crosby
Council Member Steven Frank Johnson
Council Member Meshal “Kash” Kashifalghita
Staff Present City Manager Ken Domer
Assistant City Manager JR Rannells
City Attorney Kimberly Hall Barlow
Assistant City Clerk Lupe Gaeta Estrella
Community Development Director Eric Scherer
Public Works Director Meg McWade
Finance Director Christy Lopez
Community Services Director Yvonne Duran
Fire Marshal Fred St. Ange
City Engineer Cody Howing
Fire Chief Chris Nigg
Pledge of Allegiance led by Jess Gomez, U.S. Army Special. E-4.
Mayor Hepburn, on behalf of the City Council, presented Jess Gomez, U.S. Army Special. E-4, a Pride of La Verne Certificate of Recognition thanking him for his service to our country.
PRESENTATIONS
RECOGNITION OF
LA VERNE LITTLE LEAGUE
12U ALL-STAR TEAM
Mayor Hepburn, on behalf of the City Council, recognized and congratulated the La Verne Little Leage 12U All -Star Team. The La Verne Little League 12U All-Star Team won the Little League District 20 and Section 3 Tournaments, going undefeated heading into the California State Tournament. The Team went 2- 2 in the State Tournament, beating Del Mar and Aliso Viejo, only losing two games the entire All- Star season to two great teams, the Little League World Champions El Segundo and Sherman Oaks who were the second ranked team in the United States. These boys have represented La Verne well amongst our neighboring cities in District since most of them were 7 years old, only losing 3 games in 5 years with 4 District Championships. The 12U Little League All- Stars were recently ranked by the Little League Baseball International Tournament as the No. 4 Team in California and No. 18 Team in the United States. The team was managed by Brad McKinney and coached by Ryan Gomez and Chris Rix.
Silas Barker Austin Horn Anthony Padilla Bobby Rix
Christian Lopez Matt Krause Jacon Harrison Adrian Guzman Drew McKinney Gaetano Miranda Michael Levitiski Gavin Jobe Noah Gomez
Each of the team members were given an In-n-Out gift card by Council.
Alex Avanesayn, District Representative of Senator Susan Rubio’s Office, congratulated and presented a certificate of recognition to each La Verne Little League team player on behalf of the Senator.
Monday, October 2, 2023 City Council Agenda Packet
12 PROCLAMATION
DECLARING THE MONTH
OF SEPTEMBER 2023, AS
NATIONAL
PREPAREDNESS MONTH
Mayor Hepburn, on behalf of the City Council, presented a proclamation declaring the month of September 2023 as National Preparedness Month honoring our first responders and City staff who run toward disaster at a moment’s notice; and urging all residents to plan for disasters and encourage family and friends to do so by visiting Ready.Gov . The Proclamation was presented to La Verne Community Risk Reduction Specialist Lonnie Shipman along with Sparky.
ANNOUNCEMENTS OF
UPCOMING COMMUNITY
EVENTS
Mayor Hepburn called for announcements.
Kelly from Kelly’s K-9 College announced she is retiring and moving from La Verne. She wished to personally say goodby e to the City Council, staff and especially Police Officer Alan Weinreb and Tupelo. She stated that the City of La Verne is family, and she will miss La Verne. She presented a donation to the La Verne K-9 Foundation.
Mayor Hepburn announced that on Tuesday, September 26, 2023, from 9:00 am – 11:00 am, there will be a “Coffee with a Cop event” at Miss Donut and Bagel in Downtown La Verne. Residents can join the La Verne Police Officers for coffee and conversation.
George May, La Verne Library Manager reported on the library’s upcoming events and programs for the months of September and October.
Sherry Best, La Verne Historical Society President, announced they are hosting a film screening of Uncle Sam, which was filmed in La Verne in October at the University of La Verne. Also, she announced that on October 9, 2023, at Hillcrest there will be a presentation on “Race & Place”, exploring the history of racial and ethnic segregation in the Citrus belt presented by Erin Duffy.
Karen Zubiate-of the La Verne/San Dimas Soroptimists reported that every year they sponsor a clothes shopping program for La Verne children whose families are facing financial challenges. They partner with Bonita Unified School District and Target Department Store in La Verne to take the children on a shopping adventure. She also announced that they are holding a Triva fundraiser for Bonita Children in support of the “Live your Dreams Awards” for young women.
Kathy Kalousek, La Verne resident announced that the Committee for a Compassionate La Verne launched their first Beautification Day on September 9, 2023. She also noted that the group was having their monthly planning meeting on Monday, September 25th via Zoom.
Monday, October 2, 2023 City Council Agenda Packet
13 Danita Beauchamp, La Verne resident, announced that on October 15, 2023, at San Dimas Canyon Park there will be fundraiser event to raise funds to cover the cost of flyers, etc. to get the word out to stop the 740 E Foothill Project. She thanked the City for posting the commission and committee vacancies on the Agenda. She also communicated that Camp Afflerbaugh-Paige is back on the Los Angeles Board of Supervisors Agenda.
Mayor Hepburn reported that Supervisor Barger is aware of Camp Affterbaugh-Paige and he is communicating with Ms. Bager on the 740 E. Foothill Project. He stated that the City will continue to keep monitoring the on the 740 Foothill Project.
CLOSED SESSION ITEMS
ADDED
City Attorney Hall Barlow reported that she had two late arriving items which arose after the posting of the Agenda for closed session as follows:
Public Employee Discipline per Government Code Section 54957.
The City Council will meet with its legal counsel pursuant to Government Code §54957.
2. Conference with legal counsel---Anticipated Litigation
The City Council will meet with its legal counsel to discuss significant exposure to litigation pursuant to Government Code
§54956.9(b)(1)(3)(A): one potential case.
It was moved by Crosby, seconded by Johnson, and unanimously carried to add the two closed session items, as recommended by the City Attorney.
CONSENT CALENDAR It was moved by Crosby, seconded by Lau, and unanimously carried to approve the Consent Calendar.
City Manager Domer reported an error on the EIFD Staff report regarding the vacancy term limit, which should read there is no term limit.
City Council Minutes City Council Minutes of the study session and regular City Council meeting of September 5, 2023.
Recommendation: That the City Council approve the minutes.
Approved.
Register of Audited Demands Register of Audited Demands for the following:
Fiscal Year 2022-23 – In the amount of $319,131.64 dated August 23, 2023, and in the amount of $31,723.00 dated August 30, 2023.
Monday, October 2, 2023 City Council Agenda Packet
14 Fiscal Year 2023-24 – In the amount of $1,068,652.21 dated August 23, 2023, and in the amount of $1,899,830.98 dated August 30, 2023.
Recommendation: That the City Council approve the Register of Audited Demands. Approved.
Resolution No. 23-64,
Approving a Class
Specification and Hourly
Compensation Rate for Part-
Time Ambulance Operator
Resolution No. 23 -64, Approving a Class Specification and Hourly Compensation Rate for Part -Time Ambulance Operator - After a review of organizational structure, departmental efficiencies, and future service enhancement opportunities, the Fire Chief has requested the addition of a part -time classification and requisite compensation be created for Ambulance Operator.
Recommendation: That the City Council adopt the Resolution No. 23- 64, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING A CLASS SPECIFICATION AND HOURLY
COMPENSATION RATE FOR AMBULANCE OPERATOR.” Approved.
Measure LV Citizen
Oversight Committee
Vacancy
Measure LV Citizen Oversight Committee Vacancy - A vacancy has occurred on the Measure LV Citizen Oversight Board. The Board ensures that revenues from Measure LV are spent in accordance with the approved spending guidelines. Applicants must be at least 18 years old, have resided within the City for at least one year, and should have knowledge of finance, banking, business, or retirement planning.
Recommendation: That the City Council receive and file this notification. Received and filed.
Public Financing Authority
for the Enhanced
Infrastructure Financing
District (EIFD) Vacancy
Public Financing Authority for the Enhanced Infrastructure Financing District (EIFD) Vacancy - A vacancy has occurred on the Public Financing Authority Board for the Enhanced Infrastructure Financing District. The primary purpose of the Authority is to accelerate the financing of public improvements needed to attract the development that is envisioned within the City's Old Town La Verne Specific Plan and to compliment the extension of the Metro light rail, “A ” Line, formerly known as the Gold Line.
Recommendation: That the City Council receive and file this notification. Received and filed with notification of an error on the staff report regarding the vacancy term limit, which should read there is no term limit.
Tract Map No. 83354 Bond
Reduction
Tract Map No. 83354, Bond Reduction - La Verne 58 LLC, the developer of 1874 Walnut Street, an eight -unit single family subdivision located southwest of the intersection of Walnut Street and “B” Street, has requested the reduction of their Performance Bond, Labor and Materials Bond and full release of the project Monumentation Bond.
Monday, October 2, 2023 City Council Agenda Packet
15 RECOMMENDATION: That the City Council authorize the release in full value of the project Monumentation Bond and a reduction of the Performance Bond and Labor and Materials Bond to approximately 10% of their original respective value and to hold those bonds for a period of one year from this date. Approved.
Establishment of Fund for
Monsanto PCB Settlement
Establishment of Fund for Monsanto PCB Settlement - The City previously received, and the City Council approved, a settlement payment from the class action case City of Long Beach, et al. v. Monsanto Company, et al., United States District Court for the Central District of California, Western Division, Case No. 2:16-cv- 03493-FMO-AS in the amount of $576,108.00.
Recommendation: That the City Council direct staff to deposit funds within the PCB Mitigation Fund and commit the settlement proceeds so that principal and interest earnings can be used to offset the costs of monitoring for PCBs as required by the City’s National Pollut ant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) permits and related requirements, including mitigation. Approved.
PUBLIC HEARINGS
Resolution Regarding the
Request for Time Extension
on Vesting Map 82201 (500
Baseline Road) Public
Hearing
City Engineer Howing reported on the request for time extension on Vesting Map 82201 (Baseline Road). He stated that on September 5, 2023, the City Council adopted Resolution No. 23- 57, setting the public hearing for September 18, 2023, to consider a one- year time extension to Vesting Tentative Tract Map (VTTM) No. 82001. The applicant has requested a one-year extension of the VTTM allowed in Section 66452.6 of the Subdivision Map Act. Pursuant to City Code Section 16.16.210, the City Council may consider granting the requested extension during a noticed public hearing.
After Council discussion, Mayor Hepburn opened the public hearing and called for public comments on the request for extension for Tract No. 82201 (500 Baseline Road).
Danita Beachamp, La Verne resident, asked if the final map included the preliminary architectural designs of the homes and inquired what is required for a final map.
City Engineer Howing provided a response and explained the difference between a vesting tentative and final map.
Monday, October 2, 2023 City Council Agenda Packet
16 It was moved by Crosby, seconded by Lau, and unanimously carried to adopt Resolution No. 23- 65 titled “A RESOLUTION OF THE CITY
COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, GRANTING A ONE -YEAR TIME EXTENSION ON
VESTING TENTATIVE TRACT MAP NO 82001 PURSUANT TO THE
PROVISIONS OF TITLE 7, DIVISION 2, CHAPTER 3, OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA,
ESTABLISHING THE NEW EXPIRATION DATE O F THE VTTM N o.
82001 AS OF NOVEMBER 3, 2024.
OTHER MATTERS
Resolution No. 23-66,
Authorizing the City Manager
to Execute an Agreement for
Temporary Employment for
Retired Annuitant Deborah
Seely
Assistant City Manager Ranells reported on the request for temporary employment for r etired annuitant Deborah Seely, and authorizing the City Manager to execute an agreement, Resolution No. 23- 66. He stated that to be compliant with California Law and the 2013 Pension Reform Act, it is necessary for the City Council to certify there is an urgent need to waive the 180- day waiting period as well as take an action affirming the execution of an employment agreement utilizing the services of a retired employee.
Mayor Hepburn called for public comment on this request for temporary employment for retired annuitant Deborah Seely.
There was none.
The City Council acknowledged the difficulties in recruiting and retaining Police dispatchers and thanked Ms. Seely for agreeing to stay on longer.
It was moved by Lau, seconded by Crosby, and unanimously carried to adopt Resolution No. 23- 66, titled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES,
STATE OF CALIFORINA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR TEMPORARY EMPLOYMENT FOR
RETIRED ANNUITANT DEBORAH SEELY.”
Conflict of Interest/Johnson
Film Permit Request from
Picture 304
Council Member Johnson declared a conflict of interest in the request for a film permit because he owns property within 500 feet of the proposed filming. He recused himself and left the Council Chambers.
Assistant City Manager Ranells reported on the request from Picture 304 for a film permit. He stated the City was
contacted by a production
company, Picture 304, to film a commercial at a residential property on Third Street. Per the City’s Municipal Code Chapter 5.57, all film permits must be approved by the La Verne City Council.
Monday, October 2, 2023 City Council Agenda Packet
17 Mayor Hepburn called for public comment on the request to film in La Verne from Picture 304.
Lily Haung, La Verne, resident, stated that the City of La Verne is well known for filming of the movie “The Graduate”.
After discussion by City Council about changing the filming policy to allow the City Manager to sign-off on low impact filming events without it having to go to Council for approval, it was moved by Kashifalghita and seconded by Lau, and carried by a vote of 4 -0 (Johnson recused) to authorize the City Manager to execute an agreement with Picture 304 and issue a permit for filming once all required steps are completed.
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.)
Richard Bowen (Via Zoom), La Verne resident, asked for clarifications on the term limit for the EIFD Vacancy.
City Manager Domer replied that there is no term limit for EIFD position currently, but the City would be looking at such in the future . He mentioned the error on the staff report regarding the vacancy term.
Gary Hunter, La Verne resident, asked if the City could trim the brush at Chelsea Bridge and that the City should cut down on watering at Emerald Park, it was causing an overgrowth of mushrooms.
Danita Beauchamp, La Verne resident, asked about the public park that was supposed to be built as part of the Amherst housing project. She stated there was a safety issue in the public restroom at City Hall and asked if the City has looked into replacing the Council Chamber doors.
COUNCIL COMMENTS Below are only partial Council comments, please visit the City’s website to view the archived Council meeting.
Council Member Lau recommended that the City Council look at joining the California Cities organization who are advocating for local control for cities and that it be scheduled for discussion at a later Council Meeting.
She reported on attending the 10 th Anniversary of the NAACP event, a blood drive at Holy Name of Mary, the Inauguration Cere mony for incoming University of La Verne President Dr, Pardis Mahadavi, in October and the University of La Verne homecoming.
Monday, October 2, 2023 City Council Agenda Packet
18 Council Member Crosby reported that he and Mayor Hepburn met with the residents of Foothill Terrace Mobile Home Park and were concerned with some of the elderly being victimized in the community. He thanked staff for posting the vacancies of commission and committees on the agenda.
Council Member Kashifalghita reported he attended the San Gabriel Valley Mosquito and Vector Control meeting. He announced that he will be joining the La Verne Fire Department on Saturday, September 23 , 2023, handing out free smoke detectors at Twin Oaks Mobile Home Park.
He congratulated the 12U All-Star La Verne Little League on their win.
Council Member Johnson reported that he attended the ribbon cutting for a new music st udio in Oldtown La Verne called Creative Cultivation Studios, and that there will be a household hazardous waste round -up event at the Pomona Fairplex on September 23, 2023.
Mayor Hepburn sent out his sincere condolences on the shooting death of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer in Palmdale.
He urged everyone to stay vigilant and safe. He stated that the San Gabriel Valley Council of Governments, where he is the President, is working with 34 other cities that are facing similar legislative issues enacted by higher level elected officials affecting their cities . Mayor Hepburn reminded residents that today is the last day to support La Verne parks by logging in and voting for La Verne parks. The winner will be awarded a $75,000 grant. He also reminded residents to go and have coffee with cop on September 26, 2023.
CLOSED SESSION At 8:23 p.m., the City Council recessed to Closed Session.
The City Council met in a Closed Session for the following:
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and City Attorney
Organization(s): La Verne City Employees Association and the La Verne Police Officers’
Association
Public Employee Discipline
Pursuant to Government Code Section 54957.
Monday, October 2, 2023 City Council Agenda Packet
19 Conference with legal counsel---Anticipated Litigation
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.
There was no reportable action resulting from the Closed Session.
Adjournment at 8:43 p.m.
Respectfully submitted,
Lupe Gaeta Estrella
Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
20 Santa's Helpers LV requests that Council ask for a formal presentation of this turnkey proposal at the next or specially agendized Council meeting. This proposal intends to burden no staff member not already on duty. This proposal welcomes anv and all who wish to volunteer. ln summary:
lncrease routes from 6 to 15
Shorten the Christmas morning effort to end by 11:00am
a L4
,
ovf-tt
ob
a-e
,l
o
=otL
a a
.t/ry CE 191b
Resources (parade partv) per route:
Santa (1)
Tow vehicle (1 adult driver)
Trailer with Santa's sleigh (1)
Lead vehicle with noise maker/siren (2 passengers: Driver and Navigator) Treat runners (6 min)
Follow vehicles (1min)
Total Persons per route (12 min)
Losistlcs:
Week of 12/18/23 Drivers tlead, tow vehicle and follow vehicle(s)) review routes and communication strategy
12/21/2023 - Thursdoy
Bag candy at the Community Center (evening of the last city working day before Christmas) Set up trailers and sleighs in City Yard (last working day before Christmas) 12/25/23 - Mondoy, Christmos Doy
5:30 - Tow Vehicles arrive at City Yard to hook up trailers access to yard provided by sworn officer on duty or volunteer with key access 6:45 -Volunteers arrive at Community Center and load candy onto trailers access to Center provided by sworn office on duty or volunteer with key access Vehicles are set up: navigator for lead vehicle, extra candy (if any in Follow vehicles) 7:@- Parade Parties depart for routes
By 1t:00 - Parade Parties return to Community Center
T-Shirts given to volunteers
Trailers returned to City Yard (access to city yard provided in same manner) Additional ltems:
First year costs approximately S100,000
lncludes custom trailers, sleighs, costumes, and miscellaneous Risk/Liability lnsurance to cover Santa Claus visiting La Verne Candy
501c3 filing
Annual costs approximately S20,0OO
Not funded
250 volunteers (150 BHS Juniorc)
Donation to BHS
Fundraising to supplement Donation and onnual expenses
Santa's Helpers LV
Monday, October 2, 2023 City Council Agenda Packet
21 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
9t6t2023
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASINGiFUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION
l,
)
3. 4.
5. 6.
7. 8.
9. 10.
DELL
LAYNE CHRISTENSEN COMPANY
TOYOTA MATERIAL HANDLING SOLUTIONS
GREENSCAPE MAINTENANCE SERVICES INC
WEST COAST ARBORISTS, INC.
JONES & MAYER
HI STANDARD AUTOMOTIVE, LLC
STRATEGIC CONTRACTING SERVICES
HOT WIRE ELECTzuC
MORROW MEADOWS CORP
OTHER DEMANDS
$ 361,909.55
DEMANDS OF $23,196.05 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED
CHRISTY MPA
FINANCE DIRECTOR
70.338.70
52, I 95.06
49,306.86
39,467.64
23.s27.3s
I 8.765.33
I 8,340.81
14,570.57
9, r3 1.82
8,343.80
57 .921.61
WATCH CENTER WORKSTATIONS
FRACTAL DISTzuBUTION PLATES
FORKLIFT . REPLACEMENT FOR FLEET
AUGUST 2023 MAINTENANCE SERVICES
MANTENANCE 8l0t 12023 T O 08t | 5 /2023
JULY 2023 LEGAL SERVICES
EQUIPMENT INSTALLATION . PATROL UNITS
pAyRoLL 8/13/2023 TO 8/26123( LAHIDTA)
SERVICE/REPAIRS AT FRANKLIN AND VIA DE MANSION RESERVOIR
SERVICES AT VARIOUS STATIONS
Page I of3
Monday, October 2, 2023 City Council Agenda Packet
22 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOI.]NT ISSUED TO
FY 2023-24 916t2023
I 65854
l 65855
r 65856
I 65857
I 65858
I 65859
l 65860
I 6586t
r 6s862
l 65863
l 65864
I 65865
I 65866
I 65867
I 65868
l 65869
r 65870
I 6587t
165872
I 65873
l 65874
I 65875
165876
165877
I 65878
l 65879
I 65880
I 6588 I
l 65883
l 65884
I 65885
I 65886
r 65887
l 65888
r 65889
I 65890
I 6589t
165892
r 65893
l 65894
I 65896
I 65897
I 65898
l 65899
r 65900
r 6590 I
I 65902
I 65903
I 65904
I 65905
l 65906
I 65907
l 65908
l 65909
165910
16591 l
t65912
165918
165919
165920
t6592t
165922
500.00
28.17 385.00
285.60
32.12 91.23
179.42
1,754. I I
375.00
100.00
100.00
4,911.25
2147.52
50.00 57.50
151.7'7
60.4',1
608.50
95.00 669.39
78.33 1 93.90
I 8,340.81
873.25
9,t3l.82
454.33
95.00 215.00
18,765.33
6.73 14.00
1,050.51
100.00
22.09 8,343.80
351. 15
151.66
36.00 72.00
700.00
215.00
65.60 55.00
225.00
r 85.00
278.30
5,877.08
595.51
558.00
339.00
1,370.03
237.04
86.88 484.20
I 55.73
3,296.00
2,062.42
144.25
638.93
70,338.70
8.74 1130.00
ANDRIA LEDESMA
ARROW TRAILER SUPPLIES, INC.
ASSETWORKS USA,INC.
ATKINSON,ANDELSON,LOYA,RWD & ROMO
BOESCH, SHANNON
BRAUN NW,INC
BROWN MOTOR WORKS
CARL BRUBAKER
CALIFORNIA PEST MANAGEMENT,INC.
CELIA GONZALES
CHRISTIAN TALAMANTES
CIVILTEC ENGINEERING, INC.
KEVIN COYLE
DANIEL RODRIGUEZ
ELECTROLURGY MANUFACTT'RING INC
THE EMBLEM AUTHORITY
EVERSOFT
FACTORY MOTOR PARTS
FRANCES SOTO
FRONTIER COMMTINICATIONS
FRONTIER COMMUNICATIONS
HALEY, CRAIG
HI STANDARD AUTOMOTIVE, LLC
HOME DEPOT CREDIT SERVICES
HOT WIRE ELECTRIC
IMS REFRIGERATION, NC.
JESSICA CUNDARI
JIANZHONC XU
JONES & MAYER
KONICA MINOLTA BUSINESS SOLUTIONS
KYOCERA DOCUMENT SOLUTIONS WEST
LAKESHORE LEARNING MATERIALS
LAURIE JENKINS
LINE GEAR
MORROWMEADOWS CORP
PERFORMANCE TRUCK REPAIR, INC.
PETER PI-IN
PORAC
PORAC LDF
QUALITY GLASS TINTING
RUDY MARTINEZ
SANDERS LOCK & KEY
SANDRA SAMANIEGO
SHANDEE CIULLA
THE SHERWIN-WILLIAMS CO.
SMART & FINAL IRIS CO
SOUTHLAND MECHANICAL, INC.
T.MOBILE
TANAKA FARMS, LLC
TRANSUNION RISK & ALTERNATIVE DATA
U.S. POSTMASTER
BRANDON VAN VELDHUIZEN
VERIZON WIRELESS
WAGEWORKS,INC,
WALTERS WHOLESALE ELECTRIC CO.
WAXIE SANITARY SUPPLY
WM CORPORATE SERVICES, INC.
B&H PHOTO VIDEO
CDW GOVERNMENT, INC.
DELL
FEDEX
FILE KEEPERS, LLC
Monday, October 2, 2023 City Council Agenda Packet
23 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOLINT ISSUE,D TO
FY 2023-24 91612023
361,909.55
Total Demands -S 361,9095
LAIMPACT Law Enforcement Task Force Demands
KP RESEARCH SERVICES, INC.
MASERGY CLOUD COMMLINICATIONS, INC
ODP BUSINESS SOLUTIONS, LLC
CHRIS PERNEVI
ZOLL MEDICAL CORPORATION
ALL STAR FIRE EQUIPMENT INC,
AMAZON CAPITAL SRVC
BEE REMOVERS
BSK ASSOCIATES
ENVIRONMENT CONTROL
CREENSCAPE MAINTENANCE SERVICES INC
LA VERNE CONSTRUCTION
LAYNE CHRISTENSEN COMPANY
RKA CONSULTING GROUP
SOUTH COAST EMERGENCY VEHICLES SRVC
TIFCO INDUSTRIES, INC.
TOYOTA MATERIAL HANDLING SOLUTIONS
WEST COAST ARBORISTS, INC.
YOLTNG REMBRANDTS
STRATEGIC CONTRACTING SERVICES
Total LAIMPACT Demands
165923
165924
t6592s
165926
165927
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
1,900.00
2,584.83
208.35
65.00 3,975.19
1,374.49
260.16
130.00
80.75 950.00
39,467.64
3,460.00
52,19s.06
4,956.75
722.69
666.29
49,306.86
23,52'1.35
1,583.40
14,570.s7
1 65916
165917
MULTIPLE
Total
280.80
l,8l s.25
21,100.00
TRANSLINION RISK & ALTERNATIVE DATA
ULINE
LAI ENFORCEMENT OPERATIONS
$ 23.196.05
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.
Monday, October 2, 2023 City Council Agenda Packet
24 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
9^3t2023
FY 2023-24
DEMANDS PRESENTED FIAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PT]RCHASING/FTJNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE
DIRECTOR FOR ACCLIRACY AND PROPER APPROVAL,
SI.JMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTI{ER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION
l.
2. 3.
4. 5.
6. 7.
8. 9.
10. 85,305 06
74.905 61
67,084.99
50,327.08
37 ,157 .12
29,808.80
28,764.00
16,202.7 |
10,093.65
7 ,725.00
r23,848.92
STRATEGIC CONTRACTING SERVICES
MIRACLE RECREATION EQUIPMENT CO.
RKA CONSULTING GROUP
CALIFORNIA JPIA . EXCESS LIABILITY
FRIENDS OF TI{E FOTJRTH OF JULY
ENTERPRISE RENT-A-CAR
BADAWI & ASSOCIATES
INTER.CON SECURITY SYSTEMS, INC,
Q PRESS
LEXIS NEXIS RISK SOLUTIONS
OT}IER DEMANDS
PAYROLL 08/20/23 TO 09102t023 (LAHTDTA)
SHADE COVERS FORAQUATICS CENTER
ENGINEERING SERVICES JULY 2023 VARIOUS PROJECTS
A{I] CITY OF LV CJPIA ELP & TRUST ACCOUNT REPLENISHMENT JT'LY 4TH EVENT YEAR 2023
TWO CAR LEASES FROM 09/01/23 TO 08t31/2024 (LAHIDTA)
AUDIT 2023 FIRST PROGRESS BILLING
PARKING ENFORCEMENT AUGUST 2023
F ALL 2023 RECREATION GUIDE
.DORS'DESK OFFICER REPORTING SYSTEM ANNUAL LICENSE RENEWAL $ 531,222.94
DEMANDS OF $I7,309.4I WERE PAID ON BEHALF OF LA IMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $I,308,908,I I WERE PAID FOR PAYROLL AND EMPLOYEE BENEFM RELATED ITEMS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I }IEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS, MPA
FINANCE DIRECTOR
Page I of4
Monday, October 2, 2023 City Council Agenda Packet
25 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO AMOUNT ISSUED TO
FY 2023-24
9n312023
165928
165929
I 65930
t65932
I 65933
165934
I 65935
165936
165937
l 65938
I 65939
I 65940
165941
165942
1 65943
t65944
165945
165946
165947
I 65948
165949
I 65950
1 6595 I
165952
I 65953
165954
I 65955
I 65956
165957
I 65958
I 65959
I 65960
I 6596 I
t65962
1 65963
165964
I 65965
165966
t65967
I 6s968
165969
165970
16597 I
165972
165973
165974
165975
165976
165977
l 65978
165979
I 65980
1 6598 l
t65982
r 65983
I 65984
1 6598s
I 65986
165987
r 65988
3,526.85
375.00
280.00
257.36
1,01 8.50
10,00
I,1 14.00
3,157.00
35.00 2,196.08
339.9s
699.00
650.00
2,816.64
3,674.60
100.00
7l .50
107.00
I,770.35
97.66 990.00
667,72
39.83 71 .50
3,935.86
t,630.74
I 05.1 9
242.26
206.00
14.00 I,459.32
1,914.66
350.22
250.00
16s.00
368.00
100.00
100.00
65.72 121.39
2,069.24
r ,088.16
7,725.00
5,141 .95
35.00 800.05
500.00
50.00 195.00
74,90s.6t
846.89
2,808. I 7
t 0s.00
92.00 139.86
250.00
15.00 50.00
s,280.67
136.01
AARDVARK
AJ'S ENTERTAINMENT
ALL PURPOSE DOCUMENT DESTRUCTION
BLOOMING VIEW
BREAK TIME YOGA, LLC
BURRO CANYON SHOOTING PARK
CALIFORNIA PEST MANAGEMENT,INC.
CARE AMBULANCE SERVICE,INC
CAROL MORGAN
CDCE
CHARTER COMMLTNICATIONS
CHARTER COMMLTNICATIONS
RETIRED SENIOR VOLLTNTEER PROGRAM
CPAC,INC.
DATAPROSE,INC.
DEANNA KORY
MARGARITA DIOSDADO
DIRECTV
EAN SERVICES, LLC.
EGAN REALTY SERVICES
ESzu,INC.
FACTORY MOTOR PARTS
FEDEX
FINN, JUSTINE
FOOTHILL COMMTINICATIONS, INC
FRONTIER COMMTJNICATIONS
FRONTIER COMMLTNICATIONS
GELLER, ALLISON
GONZALEZ, JANESSA
GONZALEZ, SAM
GWMA
HTNDERLITER, DE LLAMAS & ASSOCIATES
IMS REFRIGERATION, tNC.
ISAAC & SONS PLUMBING INC.
JARAUTOMATION
JEOVANNA ORBISON
JOSEPH EVANILLA
KATIE ORTEGA
KULKARNI, VIJAY
LA VERNE PETTY CASH
LENCO ARMORED VEHICLES
LESLIE'S POOLMART, INC.
LEXIS NEXIS zuSK SOLUTIONS
LIFE.ASSIST
LILIA RODzuGUEZ
LINE GEAR
LUCIA A. FERNANDEZ
MARIAELENA PATZI
MCLAY SERVICES,INC.
MIRACLE RECREATION EQUIPMENT CO.
MIWALL CORPORATION
MORROW MEADOWS CORP
NAVELY ALBA COLBERT
NOEL MOORE
ODP BUSTNESS SOLUTIONS, LLC
PACIFIC MARINE MAMMAL CENTER
PACIFIC SURVEYS, LLC
PEGGY TAYLOR
PLANETBIDS,INC.
POSTAL ANNEX
Page2of 4
Monday, October 2, 2023 City Council Agenda Packet
26 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOTINT ISSUED TO
FY 2023-24
9il3t2023
1 65989
I 65990
I 6599 I
t65992
165993
165994
1 65995
165996
165997
1 65998
I 65999
r 66000
I 66001
166002
166003
r 66004
I 66005
I 66006
I 66007
l 66008
r 66009
166010
16601 r
166012
166013
166014
I 6601 5
166016
I 6601 7
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
Bank Drawn
444.42
3,410.27
I 0,093.65
4,391.74
139.97
2,854.96
67.74 1,603.s0
2,034.8 r
38. r0
28.51 223.10
1,702.81
68.00 2,277.77
225.94
5,164.50
5,000.00
3,652.50
2,740.00
187.40
s0.00
40,22
1,400.00
29,808.80
353.97
100.00
263.94
288.00
899.50
159.21
380.37
28,764.00
I,831.36
50,327.08
297.62
6,000.00
400.00
5,964.00
37,157.12
268.80
533.90
5,3 14.88
t,409.28
I,049.5 I
16,202.71
412.29
126.00
67,084.99
162.07
1,044.39
I,993.01
l5s.2s
108.44
85,30s.06
1,889.97
POTTS, YASMIN
PRIMARY PHARMACEUTICALS, INC.
Q PRESS
RINGCENTRAL INC.
CONNECTA SATELLITE SOLUTIONS LLC
SCHWALM GENERATION, TNC.
THE SHERWIN.WILLIAMS CO.
SIERRA PACIFIC ELEC. CONTRACTING
SODEXO INC. & AFFILIATES
SOPHIA HERNANDEZ
SOUTHERN CALIFORNIA EDISON
SPECTRUM AQUATICS
SPRAGUES" INC.
STAR AUTO CHECK
STATE INDUSTRIAL PRODUCTS
STOTZ EQUIPMENT
SUPERIOR COURT OF CA,COLNTY OF L.A.
TOWNSEND PUBLIC AFFAIRS, INC
TPX COMMLTNICATIONS
WILLDAN
XUEJLTN WU
ZHEN ZHANG
CARTER, TANYA
CTNDY DESILVA
ENTERPzuSE RENT-A.CAR
MTINOZ,IRMA
SOCAL SHRED LLC
TORRES, LAUREN
VELAZQUEZ GABRIELLA
ALL STAR FIRE EQUIPMENT
AMAZON CAPITAL SRVC. FIRE
AMAZON CAPITAL SRVC - LVPD
BADAWI & ASSOCIATES
CALIBER COMMERCIAL POOL SERVICE
CALIFORNIA JPIA - EXCESS LIABILITY
COLLEGIATE PRESS
DEBTBOOK
DENNIS GRUBB & ASSOCIATES
ENVIROMENTAL CONTROL
FRIENDS OF THE FOURTH OF JULY
GIRON, ANTHONY
GRAINGER
GREENSCAPE MAINTENANCE SERVICES
HACH COMPANY
HASA, TNC.
NTER-CON SECUzuTY SYSTEMS, INC.
LA VERNE POWER, INC.
RADC, INC.
RKA CONSULTING GROUP
SKYLTNE SAFETY AND SUPPLY
SI.IN BADGE CO.
TURBO DATA SERVICES INC.
UNDERGROUND SERVICES ALERT OF SO CAL
AMAZON CAPITAL SRVC - LA CLEAR
STRATEGIC CONTRACTTNG SERVICES
CINTAS
Total Payroll Demands
Total LA IMPACT Demands
531,222.94
I ,308,908.1 I
17 ,309.41
Monday, October 2, 2023 City Council Agenda Packet
27 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOI-INT ISSUED TO
FY 2023-24
911312023
Total Demand $ 1,857,440.46
Payroll and Employee Benefit Payments:
166025
166026
166027
r 66028
166029
I 66030
I 6603 I
166032
r 66033
166034
I 66035
I 66036
166037
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
EFT
EFT
EFT
EFT
Total
r,384.05
3,003.24
13,911.98
530.00
350.00
8,636. I 0
159,285.45
95,478.42
1,772.96
4',77.25
132.30
9.00 471.00
631,57 L7 |
124,811.75
r,020.38
43,299.n
1 83,1 67.90
24,110.78
6,068.41
3,985,24
r r 0.00
2,987.00
2,334.08
AFLAC
DELTA DENTAL INSURANCE COMPANY
DELTA DENTAL(0020785s55)
CITY OF LAVERNE EMPLOYEE FUND
FIDELITY INVESTMENTS #P0754
THE HARTFORD-PzuOzuTY ACCOI.JNTS
HEALTHNET
KAISER FOLTNDATION HEALTH PLAN
METLIFE. GROUP BENEFITS
A.C.NEWMAN CO.
REYES, HEATHER
UNITED WAY CAMPAIGN
VEHICLE REGISTRATION COLLECTIONS
PAYROLL
I.JNITED STATES TREASURY
STATE DISBURSEMENT UNIT
STATE OF CALIFORNIA
STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC-457
EMPOWER TRUST COMPANY, LLC-ROTH
CHARLES SCHWAB BANK
WAGEWORKS-ADMIN FEE
LA VERNE FIRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOCIATION
$ 1,308,908.r r
Break down of standard providers and the benefits they provide Provider Benefits
US Treasury
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Medical & Dental Insurance
Fire/Police/La Veme
LA IMPACT Law Enforcement Task Force Demands
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/gamishments 40lA plan
4578 plan
Roth plan
Replacement Social Security plan
Kaise, Health Net, Delta Dental
Employee Group Dues
I 6601 8
1660t9
166021
t66022
166023
t66024
MULTIPLE
Total
692.26
692.26
381.50
400.00
100.00
5,043.39
10,000.00
CBE LOS ANGELES
CBE LOS ANGELES
GALLS, LLC.
DANIEL MARQUEZ
T.MOBILE USA, INC.
VEzuZON WIRELESS
LAI ENFORCEMENT OPERATIONS$
$ l 7,309.41
LA IMPACT demands are paid from federal asset forfeiture dollars allocated to LA IMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LA IMPACT activities.
Monday, October 2, 2023 City Council Agenda Packet
28 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
9/20/2023
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/TTJNDINC POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
ISSUED TO DESCRIPTIONAMOUNT
t. 648,646.52
2. 70,944.10
3. 34,905.52
4. 19.124.16
5. 1 8,1 40.8 1
6. t7.292,13
7. 't3,484.23
8. I I.763,00
9. il ,051 .90
10. 7 .06t.34
I 06,887. s6
THREE VALLEYS MLJNICIPAL WATER DIST.
TVR CONSTRUCTION ENGINEERING LLC
STRATEGIC CONTRACTING SERVICES
ECONOLITE SYSTEMS, INC,
HI STANDARD AUTOMOTIVE, LLC
GOVCONNECTION, INC,
GRANITE DATA SOLUTIONS, INC.
HACK COMPANY
ATHENS SERVICES
DETROIT AUTO BODY, INC.
OTHER DEMANDS
AUGUST 2023 WATER USAGE
2022-2023 CDBG SIDEWALK IMPROVEMENT PROJECT
PAYROLL 08/04 t23 O 9t03t23 (LAHTDA)
AUGUST 2023 SERVICE AND MAINTENANCE
INSTALL EMERGENCY EQUIPMENT
MICROSOFT OFFICE 365 (YEAR 3 OF 3 PERIOD 7ilt23 -7t3v24) EQUIPMENT . DELL ULTRASHARP MONITORS
ANNUAL SERVICE AGREEMENT
AUGUST 2023 SWEEPER SERVICE
AUTO BODY REPAIRS
s 959,323.73
DEMANDS OF $29,488.34 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN
CHRISTY LOPEZ, MPA
FINANCE DIRECTOR
GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED Page I of3
Monday, October 2, 2023 City Council Agenda Packet
29 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
AMOUNT ISSUED TO
FY 2023-24 8/30t2023
t657'77
t65718
1657',79
l 65780
I 6578 I
165782
I 65783
165784
r 65785
l 65786
165787
r 65788
165',t89
I 65790
t65'791
165792
16s793
165794
165795
t65796
165797
I 65798
165799
l 65800
165801
r 65802
l 65803
l 65804
| 65805
l 65806
r 65807
I 65808
I 65809
165810
t6s8l l
1658 I 2
t65813
165814
t65815
r65816
165817
165818
r65819
I 65820
165821
165822
l 65823
l 65824
1 6s 825
t65826
16s827
I 65828
I 65829
r 65830
I 6583 |
I 65832
I 65833
l 65834
165835
I 65836
I 65837
I 65838
15,36t.17
49.05 t 43.00
|,442.21
2,605.6t
5,l I 6.39
170.00
t,425.38
1,825.00
58.74 45,238.95
8, r I 7.50
9661.95
10 t 6.3
1,804.5 I
l 87,033.88
135.00
363.61
216.t6
I,l 10.40
3,201.99
2,500.00
r,200.00
940.08
13,285.25
107.16
3,250.00
154.60
3.s9
l 45.00
95.00 55 00
324.13
54.49 t39.47
362.72
162,699.46
490.26
1,000.00
30.00 35.00
43,398.80
542.73
500.00
3,281.27
250.00
992.25
7 56.57
4,468.50
4,249.00
444.76
I 5.05
1 19.40
420.00
19,698.30
20.00 998.00
1,5 12.00
994.94
1,4 r 5.82
2s0.00
604.39
AARDVARK
ACTION AWARDS, INC.
ASHLEIGH BANUELOS
AT&T MOBILITY
AXON ENTERPRISE, INC,
BONITA UNIFIED SCHOOL
STEVE CHANUCEY
CITY OF CLAREMONT
CIVILTEC ENGINEERING, INC.
COLLEY FORD
CPAC,INC.
DE NOVO PLANNING GROUP
DOOLEY ENTERPRISES
FACTORY MOTOR PARTS
FIRST-CITZENS BANK & TRUST
GENTRY BROTHERS, INC.
GOVERNMENT FINANCE OFFICERS
HERNANDEZ, RALPH
HI STANDARD AUTOMOTIVE, LLC
HOLLIDAY ROCK CO.
HOME DEPOT CREDIT SERVICES
HOUSTON ENGINEERING, INC.
ICMA
IMS REFRIGERATION, INC.
INLAND VALLEY HUMANE SOCIETY
INNOVATION AND TECHNOLOGY DEPT.
IWORQ SYSTEMS,INC,
J POWER ELECTRIC
J POWER ELECTRIC
JENNIFER WOOTEN
JESSICA LAM
KRISTA CARPIAUX
KYOCERA DOCUMENT SOLUTIONS WEST
LA VERNE CAR WASH
LA VERNE HERITAGE FOIINDATION
LESLIE'S POOLMART, INC.
LOS ANGELES COUNTY FIRE DEPARTMENT
LOWE'S
MARGARITA PRAD-VAAL
MARILYN WADE
MEG BRENNER
MOUNTAN VIEW CHEVROLET, INC.
PACIFIC PARKING SYSTEMS, INC.
PAUL AGUAYO
POWERDMS,INC.
PUMP BROTHERS INC.
RETRO-SPEC PRINTING
RHINO LINNING OF CORONA
RINGCENTRAL INC.
RUVALCABA, BERNICE
S & J SUPPLY CO., INC.
SANDERS LOCK & KEY
SAVAGE, HOLLIE
SCMAF.SAN GABRIEL VALLEY
SDI PRESENCE LLC
SIGNARAMA
SILENT 6 LLC
SOUTHERN CALIF. REG. RAIL
STAPLES
STATE INDUSTRIAL PRODUCTS
STOCK, BRAD
T-MOBILE
CHECK NO,
Monday, October 2, 2023 City Council Agenda Packet
30 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOLTNT ISSUED TO
FY 2023-24
9/20t2023
I 66038
l 66039
I 66040
I 6604 I
166042
l 66043
166044
l 66045
166046
166047
I 66048
166049
I 66050
I 6605 l
t66052
I 66053
r 66054
l 66055
I 66056
I 66057
l 66058
l 66059
1 66060
r 6606 I
166062
I 66063
166064
I 66065
l 66066
166067
l 66068
166069
166070
I 6607 I
166072
166073
t66074
166075
1660'16
166077
I 66078
166079
I 66080
r 6608 I
l 66082
I 66083
l 66084
I 66085
1 66086
16608'7
l 66088
r 66089
| 66090
I 6609 r
166092
I 66093
t66094
r 66095
166096
166097
I 66098
I 66099
2,415.35
406.65
200.00
l 95.00
120.00
1,985.04
23.82 2,244.99
I 1,051 .90
646.27
214.39
28.75 20.00
36.03 283.5 I
4,875.00
r,800.00
400.00
270.64
52.50 I15.00
245.00
19,t24.16
I ,710.90
800.00
1,900.94
19.25 I , 1 47.88
| ,100.00
2,591.04
43.04 200.00
1,414.42
640.00
100.00
18,r40.81
976.23
190 00
4.896.39
642.95
2,725.00
l, I 66.51
l 15.00
100.00
252.28
1,980.00
l 5 0.00
300.00
30r.30
500.00
r,038.37
7,083.80
475.00
297.79
58.19 1,682.49
57.00 228.67
69.87 6,t42.00
3,209,20
I,372.50
AK ATHLETIC EQUIPMENT, INC.
ALL STAR CLASS, INC.
ALTAF L. ALI, M.D., INC,
AMERICAN TANK TESTING
AMERICAN WATER WORKS ASSN.
AREA D CIVIL DEFENSE/DISASTER MGMT.
ARROW TRAILER SUPPLIES, INC.
AT&T MOBILITY
ATHENS SERVICES
ATHENS SERVICES
ATKINSON,ANDELSON,LOYA,RUUD & ROMO
BAB STEERING HYDRAULICS, INC.
BURRO CANYON SHOOTING PARK
C&ELUMBERCOMPANY
CHARTER COMMLTNICATIONS
CICO ELECTRICAL CONTRACTORS, INC.
THE COLORIUL SONGS OF BROADWAY
D.F. POLYGRAPH
DANIELS TIRE SERVICE
DAVID CROWELL ELECTRIC, INC.
DEIDRE BAISLEY
DEPARTMENT OF JUSTICE
ECONOLITE SYSTEMS, INC.
EMPIRE RACKS
EMPLOY AMERICA
EWING IRRIGATION PRODUCTS
FACTORY MOTOR PARTS
FIRST-CITZENS BANK & TRUST CO
FOOTHILL FLOOR CONTRACTORS
FRONTIER COMMI.INICATIONS
FRONTIER COMMTINICATIONS
GLENDA PEREZ
GOLDEN STATE WATER COMPANY
GOVERNMENT FINANCE OFFICERS ASSN
HAROLD JACKSON
HI STANDARD AUTOMOTIVE, LLC
HOLLIDAY ROCK CO
HSUAN YU SHIH
HPS WEST,INC.
IMS REFRIGERATION, INC.
INLAND EMPIRE STAGES, LTD.
LIFE-ASSIST
LIFENG LIU
LUCIA LOZA
MALLORY FIRE
MCLAY SERVICES, INC.
MIND BLOWING BALLOONS LLC
MIND BLOWING BALLOONS LLC
ROBERT MITCHELL
MITSUBISHI ELEC. POWER PRODUCTS INC
MOON VALLEY NURSERY
MORROW MEADOWS CORP
MUSCO SPORTS LIGHTING. LLC.
LISA O'BRIEN
ODP BUSINESS SOLUTIONS, LLC
PARK]IOUSE TIRE, INC,
POLINA VISHKAUTSAN
FERGUSON ENTERPRISES LLC #3325
PRIME DRYWALL
PUMP BROTHERS INC.
ROBOTRONICS INC.
ROGER & RUFINA FOLLIS
Monday, October 2, 2023 City Council Agenda Packet
31 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO AMOLINT ISSUED TO
FY 2023-24
9t20/2023
166100
r66101
t66102
166103
166r04
166105
166t06
166107
166t08
166109
l66l r 0
l66l l I
1661t2
l66l l3
t66ll4
l66l l5
I 661 l6
I 66t t7
l66l I 8
l66ll9
t66120
166121
166t22
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
70.00 548.41
450.65
220.22
2,082.00
1,279.96
I 06.57
3,011.29
4,000.00
281.54
t 50.00
2,079.00
70,944.10
4,100.00
76.74 I ,l 15.33
I,440.00
17,292.13
13,484.23
526.82
127.31
303.48
144.05
899.39
14.36 1,500.00
I,448.30
499.42
7,061.34
3,I 13.00
l8 t .66
800.00
946.88
I 1,763.00
3,287.58
320.02
69.99 438.62
1,245.00
648646.s2
500.00
5,276.48
34,905.52
959,323.73
SAFESHRED COMPANY, INC.
SAM'S CLUB/S\'NCHRONY BANK
SANDERS LOCK & KEY
THE SHERWIN-WILLIAMS CO.
SOLAR CLEAN
SOUTHEAST CONSTRUCTION PRODUCTS INC
SOUTHERN CALIFORMA EDISON
SOUTHERN CALIFORNIA NEWS GROUP
SOUTHLAND MECHANICAL. INC
T.MOBILE
THE COI.INSELING TEAM INTERNATIONAL
THE LIVING DESERT
TVR CONSTRUCTION ENGINEERING LLC
UCLA CENTER FOR PREHOSPITAL CARE
WALTERS WHOLESALE ELECTRIC CO.
WAXIE SANITARY SUPPLY
DUO SECURITY,INC.
GOVCONNECTION, INC.
GRANITE DATA SOLUTIONS, INC.
ODP BUSINESS SOLUTIONS, LLC
RFI ENTERPRISES INC.
AMMYRIA RUIZ
SOUTHERN CALIFORNIA TROPHY COMPANY
ALL STATE POLICE EQUIPMENT CO.
AMAZON CAPITAL SRVC.LBPD
ARAGON, RICHARD
BRENNTAG PACIFIC, INC.
COLLEGIATE PRESS
DETROIT AUTO BODY, INC,
ENVIROMENENT CONTROL
GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC
HAAKER EQUIPMENT CO.
HACK COMPANY
HASA,INC.
HI.WAY SAFETY INC
POMONA TRUCK & AUTO SUPPLY
SKYLINE SAFETY AND SUPPLY
TERRY'S YESTING,INC.
THREE VALLEYS MIINICIPAL WATER DIST.
TRUBIN, VLADIMIR
WESTERN WATER WORKS
STRATEGIC CONTRACTING SERVICES
29,488.34 Total LAIMPACT Demands
Total Demands $ 988,812.07
LAIMPACT Law Enlorcement Task Force Demands
166t23
166124
166128
166129
166r30
MULTIPLE
Total
2,600.00
246.88
237 96
103.50
300.00
26,000.00
CODE 5 GROUP, LLC.
BYRON CWIERZ
CARRETT HAGLE
MILES, TYRONE
NUWAY .IANITORIAL SERVICES
LAI ENFORCEMENT OPERATIONS
$ 29,488.34
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.
Monday, October 2, 2023 City Council Agenda Packet
32 This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
33 City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM: Andrea Blockinger, Administrative Analyst
SUBJECT: RED RIBBON WEEK 2023 PROCLAMATION
_________________________________________________________________________________
SUMMARY
Duarte Elks Lodge #1427 has requested that the City Council proclaim the week of October 23 to 31, 2023, as Red Ribbon Week. Upon approval, the proclamation would be presented at the October 16 City Council meeting.
RECOMMENDATION
That the City Council approve the Red Ribbon Week Proclamation to be presented at the October 16, 2023, City Council meeting.
DISCUSSION
On Wednesday, September 6, Mayor Tim Hepburn received a request from Duarte Elks Lodge #1427 Loyal Knight John C. McEntire for the City Council to proclaim the week of October 23 to 31, 2023, as Red Ribbon Week. Duarte Elks Lodge #1427 supports communities along the Foothill Corridor and hosts various events focusing on drug awareness through their annual Elks National Drug Awareness Program. This proclamation will increase public awareness about the dangers of illegal drug use and remind the community’s youth to stay drug-free.
FISCAL ANALYSIS
Not applicable for this item.
ENVIRONMENTAL ANALYSIS
Not applicable for this item.
LEGAL REVIEW
Not applicable for this item.
ATTACHMENTS
- Draft Proclamation
Monday, October 2, 2023 City Council Agenda Packet
34 ~PROCLAMATION~
WHEREAS, the health and well-being of our community’s
youth are of paramount importance; and
WHEREAS, drug abuse continues to be a significant concern that affects individuals and families across our nation; and
WHEREAS, Red Ribbon Week encourages individuals and
organizations to take a stand against drug abuse by promoting drug- free lifestyles and providing educational programs and resources to our youth; and
WHEREAS, the collective efforts of our community, schools, parents, and local organizations can make a significant difference in preventing drug abuse and fostering a safe, healthy, and drug-free environment.
NOW, be it proclaimed by the City of La Verne that the week of October 23 to 31 be recognized as
Red Ribbon Week
and we encourage all citizens, schools, businesses, and community organizations to participate in activities and programs aimed at promoting drug-free living and creating a stronger, healthier future for our youth.
Dated this 16
th day of October, 2023.
____________________________________
Tim Hepburn, Mayor
Attest:
_________________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
35 City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM:
Meg McWade, Public Works Director
SUBJECT: DECLARATION OF SURPLUS PUBLIC WORKS PROPERTY
SUMMARY
The Public Works Department is seeking City Council declaration of certain vehicles and equipment as surplus property. Each listed unit is no longer useful or is ineffective for current operational requirements and is proposed to be disposed of per Adminis trative Regulation No. 606
RECOMMENDATION
It is recommended that the City Council declare the vehicles and equipment identified in Attachment 1 as surplus and direct staff to sell each asset per Administrative Regulation No. 606.
DISCUSSION
The fleet maintenance division of the Public Works Department is responsible for the purchase and maintenance of all vehicles and equipment used by the City's various departments. The Fleet Division prepares specifications for the purchase of new vehicles and equipment, provides routine maintenance and repairs of such equipment, establishes equipment replacement plans, and is responsible for disposing of declared surplus equipment when items are no longer useful or are determined ineffective for current operational requirements.
FISCAL ANALYSIS
Any proceeds from the auction of these vehicles/equipment will be placed in the fund from which the asset was originally purchased. The proceeds are difficult to predict given current market conditions but are anticipated to be less than $25,000.
ENVIRONMENTAL ANALYSIS
This action is not considered a "Project" under the definition of the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
- Surplus Equipment Listing
Report Prepared By:
Joe Vieyra, Fleet Manager
Monday, October 2, 2023 City Council Agenda Packet
36 Attachment 1
Surplus Equipment Listing
October 2, 2023
UNIT NO. DEPARTMENT VIN/SERIAL# ITEM
2154 Police 1FAHP2D86EG122134 2014 Ford Taurus
1125 Fleet Y355-909-4323 1980 Clark Forklift
4177 Police 1FM5K8AR5GGA77911 2 016 Police Interceptor
4178 Police 1FM5K8AR8HGA71036 2017 Police Interceptor
2090 Streets JAF0376422 2003 Case 85XT Skid Steer
N/A Streets N/A Asphalt Grinder Attachment
Monday, October 2, 2023 City Council Agenda Packet
37 City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: AUTHORIZE AGREEMENT WITH MERRI MAC PETROLEUM, INC.,
DBA MERRIMAC ENERGY GROUP, FOR FUEL DELIVERY SERVICES
SUMMARY
This item seeks City Council authorization to enter into an agreement with an initial term of one-year and option to renew up to four additional one-year extensions, with Merrimac Petroleum, Inc, DBA Merrimac Energy Group, for fuel delivery services in an amount not- to-exceed $305,000 per year.
RECOMMENDATION
That the City Council approve a n agreement, with an initial term of one- year and option to administratively renew up to four additional one-year extensions, with Merrimac Energy Group for fuel delivery services, in a not-to-exceed amount of $305,000 per year.
DISCUSSION
The Fleet Maintenance Division of the Public Works Department oversees the purchasing and dispensing of fuels/lubricants for the entire City fleet. Fuel dispensing is available 24 hours a day to meet the needs of all City departments.
Currently, the Fleet Maintenance Division purchases fuel on an on -demand basis and procures the lowest estimated quoted price for the number of gallons needed. This involves calling several vendors to obtain estimates, sometimes taking several days to determine the lowest cost due to lack of responses from vendors. This spot-market pricing process is administratively burdensome and leaves the City vulnerable to significant price fluctuations.
The City’s Code and administrative regulations allow the use of cooperative purchasing including “piggy-back” contracts. This process enables the City to award contracts based on competitive bid processes performed by other agencies. The proposed “piggy -back” agreement is based on the City of Ventura’s contract. Approval of this agreement will provide a single source for our fuel needs, save time from the current process, and establish a set cost calculation. The initial term of the agreement is one-year, with the option to administratively renew the agreement for up to four additional one- year terms.
Future extensions will include changes to the rates based on applicable market conditions.
FISCAL ANALYSIS
Funds for this contract award of $ 305,000 have been budgeted in the Fleet Equipment Maintenance Fund within fuel maintenance as part of the Fiscal Year 2023- 24 Adopted Monday, October 2, 2023 City Council Agenda Packet
38 Budget. The purchase price is based on the competitively awarded contract between Merrimac Energy Group and the City of Ventura, contract number PW22 -1064, and this qualifies as a Cooperative Purchase (piggyback) under the City’s Purchasing Policy and Administrative Regulation 204 . This agreement is renewable annually for up to four extensions.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed this report as to form and content.
ATTACHMENTS
1. City of La Verne and Merrimac Energy Group Agreement
2. Exhibit A – General Service Agreement (City of La Verne and Merrimac Energy Group) Scope of Services
3. Exhibit B – General Service Agreement (City of La Verne and Merrimac Energy Group) Schedule of Compensation
4. Exhibit B-1 – City of Ventura Pricing
Report Prepared By:
Joe Vieyra, Fleet Manager
Monday, October 2, 2023 City Council Agenda Packet
39 CI
TY OF LA VERNE
AGREEMENT FOR FUEL DELIVERY SERVICES WITH
MERRIMAC PETROLEUM INC., DBA MERRIMAC ENERGY GROUP
THIS AGREEMENT FOR DIESEL FUEL SERVICES ("Agreement") is made and entered into this 21st day of July, 2023 ("Effective Date"), by and between the CITY OF LA VERNE, a municipal corporation ("City"), and MERRIMAC PETROLEUM INC., a California corporation OBA MERRIMAC ENERGY GROUP ("Contractor").
RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to provide diesel fuel delivery services, as more fully described herein; and
B. Section 10 of the La Verne Purchasing Policy (AR 204) permits the City to purchase services through competitively awarded agreements of other local, state or federal government agencies, a process known as "piggybacking"; and
C. The City of Ventura competitively awarded to Contractor a Purchase Order for furnishing fuel to the City of Ventura, Purchase Order No. PW22-1064 (“Ventura Contract"); and
D. Pursuant to the Ventura Contract, Contractor has agreed to extend the same pricing to the City; and
E. The City desires to "piggyback" onto the pricing set forth in the Ventura Contract, and Contractor consents to such "piggybacking"; and
F. City and Contractor desire to contract for diesel fuel delivery services and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
G. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and
H. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the services described in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein {the "Services"). Contractor shall provide the Services in accordance with the requirements set forth in Exhibit A.
1.2. Performance to Satisfaction of City. Contractor agrees to perform all Services to the complete satisfaction of City. Evaluations of the work will be done by City's Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
Monday, October 2, 2023 City Council Agenda Packet
40 (
a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.3. Compliance with Applicable Law. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state 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 applicable federal, state and local laws and ordinances applicable to the services required under this Agreement. Contractor 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 Contractor's performance under this Agreement.
1.4. Non-Discrimination. In performing this Agreement, Contractor 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, except as permitted pursuant to section 12940 of the California Government Code.
1.5. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.
1.6. Delegation and Assignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B for the initial term of the contract. Pricing for any agreement extensions will be established prior to activating the extensions. Contractor's annual compensation shall not exceed Three Hundred Five Thousand Dollars ($305,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Monday, October 2, 2023 City Council Agenda Packet
41 2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Each invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor'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, itemized prices, extended totals and such other information as may be requested by the City.
2.4. Records and Audits. Records of Contractor's Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times throughout the term of this Agreement through three (3) years after its termination.
3.0. TIME OF PERFORMANCE
3.1. Commencement of Work. Contractor shall commence providing the Services on July 1, 2023 ("Service Commencement Date"). The Services shall be performed in strict compliance with Exhibit A.
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, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date with an initial term of one- year and continue with up to four (4) optional renewable years from the Service Commencement Date, with final contract extension (if all options exercised) ending in 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. 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 Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City's written notice of termination.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor 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:
Monday, October 2, 2023 City Council Agenda Packet
42 (
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), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(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 limits, per occurrence for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California.
Contractor 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 Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
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 insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor."
(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: "Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, 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 coverage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.
(e) Contractor'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 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.
Monday, October 2, 2023 City Council Agenda Packet
43 5.4. Certificates of Insurance. Contractor 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. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor 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 City 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.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor 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 Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor 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, facsimile 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; b) at the time of transmission if such communication is sent by facsimile; and c) 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 CONTRACTOR: IF TO CITY:
Merrimac Energy Group City of La Verne
3738 Bayer Ave., Ste. 204 3660 D Street
Long Beach, CA 90808 La Verne, CA 91750
Tel: (562) 427-6565 Tel: (714) 327-7499
Attn: Mary Hazelrigg Attn:
Monday, October 2, 2023 City Council Agenda Packet
44 C
ourtesy copy to:
City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. I Purchasing
6.5. Drug-free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in the United States Drug-Free Workplace Act of 1988, 41 U.S.C. Section 701, et seq. Contractor's failure to conform to the requirements set forth in this law will constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. 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.
6.7. 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.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor'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 Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor'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 Contractor, its employees, and/or authorized subcontractors, of the services undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, 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 Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Monday, October 2, 2023 City Council Agenda Packet
45 N
otwithstanding the foregoing, the Contractor 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 misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor 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 Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor 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. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor 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.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this Agreement, including, but not limited to, the Political Reform Act (California Government Code Sections 81000, et seq.) and California Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the Monday, October 2, 2023 City Council Agenda Packet
46 C
ity Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.15. 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.
6.16. 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.
6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.18. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor 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.
6.19. Headings. 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.
6.20. 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 its 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.
6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.22. 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 provision 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.
Monday, October 2, 2023 City Council Agenda Packet
47 6.23. 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.
6.24. 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.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the 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.
IN 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.
CONTRACTOR
Date:
Signature
[Name and Title]
CITY OF LA VERNE
Date:
Ken Domer
City Manager
ATTEST:
Lupe Estrella
Assistant City Clerk
APPROVED AS TO FORM: Date:
Kimberly Hall Barlow City Attorney
Monday, October 2, 2023 City Council Agenda Packet
48 EXHIBIT A
GENERAL SERVICE AGREEMENT
(City of La Verne and Merrimac Energy Group)
SCOPE OF SERVICES
SCOPE OF WORK
Contractor shall provide all fuel, transportation, labor, equipment and incidentals associated with the provision of fuel to the City of La Verne.
Contractor shall provide an oil analysis program for all lubricants sold and a cost.
FUEL SPECIFICATIONS
All gasoline and diesel delivered under this contract shall meet the latest requirements of the California Air Resources Board (CARB), Federal and local governments as well as fuel industries laws, codes, requirements, standards and guidelines currently in force and any of those put in force during this contract. Particular attention shall be paid to the American Society of Testing and Materials (ASTM) laws, regulations and standards.
DELIVERY REQUIREMENTS
Contractor shall operate a 24/7/365 fuel supply operation. Deliveries shall be made, as requested, by the City of La Verne Fleet Division within a maximum of 48 hours from notic e during weekly/regular hours, between the hours of 7 am to 2 pm Monday through Thursday , unless otherwise requested delivery. Current delivery site is 2620 First street, La Verne, CA 91750. The City reserves the right to add or delete sites within the City as needed during the course of the contract. Contractor shall designate the Customer Service Representative for the City of LA Verne contract for coordination of fuel ordering and deliveries.
Contractor shall make no unauthorized deliveries. Contractor shall be financially responsible for any unauthorized fuel deliveries and shall be considered poor performance.
Contractor Drivers shall be HAZMAT trained and certified and DOT compliant. Drivers shall be familiar with City of La Verne fueling sites, tanks, equipment, and type of fuel, location of delivery sites, safety protocols and ingress/egress accessibility. Contractor shall have identification and wear a uniform for identification and security.
Contractor's fleet delivery vehicles shall be environmentally safe, clean, and comply with all Federal, State and local emission requirements to promote a clean fleet. All delivery vehicles shall be clearly marked with the selected fuel supplier company name/logo.
EMERGENCY/DISASTER PREPAREDNESS PLAN
In the event of a natural, or man- made disaster, operations for the City and the Contractor may be impacted.
Contractor shall submit with their proposal information supporting their ability to continue operations, and service/product delivery, in the event of an unforeseen emergency.
Monday, October 2, 2023 City Council Agenda Packet
49 The Emergency Preparedness Plan shall explain how Contractor will provide assistance to the City under allocation or limited supply conditions whether, or not, they are due to an unforeseen emergency. State the priority level, criteria for delivery, and timeframe (assuming roads are accessible) to the City public services and local agencies. List the location, quantity and type of fuel storage available to supply fuel in the event of an emergency. The plan shall include the location of refineries available to the Contractor in the Southern California Los Angeles area and alternative locations in the Central or Northern California areas.
Monday, October 2, 2023 City Council Agenda Packet
50 EXHIBIT B
GENERAL SERVICE AGREEMENT
(City of La Verne and Merrimac Energy Group)
SCHEDULE OF COMPENSATION
Pricing Requirements
The price of all red dye diesel, renewable diesel, gasoline fuel, diesel exhaust fluid and lubricants delivered shall be determined daily by the OPIS EARLY DAY "LOS ANGELES AVERAGE", in accordance with the following procedures:
a. OPIS as used herein refers to the Oil Price Information Services newsletter published weekly by United Communications Group. Bethesda, Md.
b. The average posted price listed under the following column headings in the OPIS table titled, "PAD 4/5 report" shall be used in determining the daily-adjusted price.
Column Headings
Location
Los Angeles
Red Dye Diesel ULS
Average
Red Unleaded
Average
Renewable Diesel
Average
c. The Following definitions shall apply to the terms used in the price adjustment calculation.
(1) OPIS Average: The Term is the LA Average posted price as listed in the issue of OPIS.
(2) OPIS at Delivery: This term is the average posted price as listed in the issue of OPIS published daily during which deliveries are made.
The index for adjusting the prices shall be the OPIS Los Angeles average price for all refineries listed in Los Angeles (PAD 4/5) for Red dye diesel No.2 (or alternative renewable diesel) and regular unleaded gasoline.
The OPIS price shall be adjusted in accordance with the plus/minus cents per gallon as bid hereunder. This adjustment shall be firm for the life of any resultant agreement(s) to this Request for Proposal and shall not be subject to change.
If the OPIS price is not reported for any day, the most recent price previously reported shall be utilized as the base price.
If the marketing publication is canceled, or modified, the City reserves the right to re-establish the pricing mechanism or cancel all or part of the contract.
The price for "delivery charge" quoted shall be firm for the initial period of contract.
Contractor's Customer Service Representative shall monitor the daily pricing and advise the City Fleet Services of potential price increases or decreases so the best possible price is offered when the City needs to order fuel deliveries.
Monday, October 2, 2023 City Council Agenda Packet
51 Description . .
MERRIMAC
Unit Cost/Gal
1. 87 Unleaded Regular Gasoline
(Truck/Trailer Delivery) 5,000 Gal or More
State Brand(s) Quoting:
AM OPIS LA Average Price $ 3.3658
Discount/Increase From OPIS (enter - or+) $ -0.0890
Delivery Charge (City of La Verne) $ 0.00
Total $ 3.2768
... ·. . . .
2. 87 Unleaded Regular Gasoline
(Tank Wagon Delivery) 500-4,999-Gal
State Brandis) Quoting:
AM OPIS LA Average Price $ 3.3658
Discount/Increase From OPIS (enter - or+ $ -0.115
Delivery Charge (City of La Verne) $ 0.00
Total $ 3.2508
.
.
3. 87 Unleaded Regular Gasoline
(Less Than Tank Wagon Delivery) <500-Gal
State Brandis! Quoting:
AM OPIS LA Average Price $ 3.3658
Discount/Increase From OPIS (enter - or+) $ -0.1199
Delivery Charge (City of La Verne) $ 0.00
Total $ 3.2459
. .
4. Diesel NO. 2 (ULS) Red Dye
(Truck/Trailer Delivery) 5,000 Gal or more
State Brandis) Quoting:
AM OPIS LA Average Price $ 3.3427
Discount/Increase From OPIS (enter - or+) $ +.0320
Delivery Charge (City of La Verne) $ 0.00
Total $ 3.3747
. . .
5. Diesel NO. 2 (ULS) Red Dye
(Tank Wagon Delivery) 500–4,999-Gal
State Brand(s) Quoting:
AM OPIS LA Average Price $ 3.3427
Discount/Increase From OPIS (enter - or+) $+.139
Delivery Charge (City of La Verne) $ 0.00
Total $ 3.4817
Monday, October 2, 2023 City Council Agenda Packet
52 Description
. . .
MERRIMAC
Unit Cost/Gal
6. Diesel NO. 2 (ULS) Red Dye
(Less Than Tank Wagon Delivery) <500-Gal State
Brandis) Quoting:
AM OPIS LA Average Price $ 3.3427
Discount/Increase From OPIS (enter - or+) $+.169
Delivery Charge (City of La Verne ) $ 0.00
Total $3.5117
'
7. Renewable Diesel No. 2
(Truck/Trailer Delivery) 5,000 Gal or more State
Brand(s) Quoting:
AM OPIS LA Average Price $ 3.3427
Discount/Increase From OPIS (enter - or+) OPIS EVEN
Delivery Charge ( City of La Verne ) $ 0.00
Total $ 3.3427
Monday, October 2, 2023 City Council Agenda Packet
53 Monday, October 2, 2023 City Council Agenda Packet
54 Monday, October 2, 2023 City Council Agenda Packet
55 Monday, October 2, 2023 City Council Agenda Packet
56 Monday, October 2, 2023 City Council Agenda Packet
57 Monday, October 2, 2023 City Council Agenda Packet
58 Monday, October 2, 2023 City Council Agenda Packet
59 Monday, October 2, 2023 City Council Agenda Packet
60 This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
61 City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Mayor and City Council
FROM: Christy Lopez, Finance Director
SUBJECT: CITY OF LA VERNE INVESTMENT POLICY FOR PUBLIC FUNDS ____________________________________________________________________________
SUMMARY
To ensure the guidelines for investment of temporary idle cash is managed consistently with the California Government Code and the conservative investment philosophy of the City Council, to maximize investment while safeguarding the assets of the City, the Investment Policy has been reviewed and updated.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 23- 67, titled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING OF THE CITY’S INVESTMENT POLICY FOR PUBLIC FUNDS.”
DISCUSSION
The Statement of Investment Policy, Resolution 21- 87, and the City of La Verne Administrative Regulation Number 215, which was issued on November 1, 2021, under the title "Investment Policy," were subject to a comprehensive review to ensure compliance with the State of California's Government Code (GC) Section 53600, and other relevant regulations governing local government investments.
Where necessary, amendments and updates were made to the Investment Policy to align it with the Government Code requirements for local government investing. These changes were implemented to strengthen the policy's effectiveness and compliance with legal mandates.
The revised policy was reviewed with the City of La Verne's Finance Sub-Committee, and no further changes were deemed necessary following this review. The revisions primarily consisted of adjustments to dollar limits and minor administrative edits to improve clarit y and alignment with regulatory requirements. The updated Investment Policy consolidates and modernizes the previous ly issued investment policy, ensuring that the City remains in compliance with all relevant laws and regulations governing the management of public funds. Accordingly, the previous investment policies are recommended for rescission.
The proposed Investment Policy is provided as an attachment in both a “clean” and “redlined” version to show proposed changes.
Monday, October 2, 2023 City Council Agenda Packet
62 FISCAL ANALYSIS
The fiscal implications of this policy update are primarily centered around optimizing the management of the City's idle cash reserves. By adhering to the updated Investment Policy, the City can potentially increase investment returns while maintaining strict adherence to legal and regulatory requirements. The policy update is intended to enhance financial stability and prudence, which may positively impact the City's overall fiscal health.
ENVIRONMENTAL ANALYSIS
Not applicable
LEGAL REVIEW
Reviewed by City Attorney
ATTACHMENTS
1. Resolution 23-67 and La Verne Investment Policy
2. Redline – Administrative Regulation 215 and La Verne Investment Policy
Monday, October 2, 2023 City Council Agenda Packet
63 RESOLUTION NO. 23-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ACKNOWLEDGING RECEIPT AND FILING OF THE CITY’S INVESTMENT POLICY FOR PUBLIC FUNDS.
WHEREAS, California Government Code Section 53601 et seq. sets forth the types of investments that are generally permitted to be utilized by local agencies to invest funds not needed for immediate needs; and,
WHEREAS, the development of an investment policy by each local agency is generally required by said section of the Government Code; and,
WHEREAS, City staff has prepared an updated investment policy for consideration by the City Council that complies with the provisions of the California Government Code and recommends that the City Council adopt the same;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. That Investment Policy as described in Exhibit A, attached hereto and incorporated herein by reference as though fully set forth herein, is hereby adopted as the Investment Policy of the City of La Verne.
Section 2. That Resolution No. 21-87 is hereby rescinded.
Section 3. 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.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2023.
________________________________
Mayor Tim Hepburn
ATTEST:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
64 CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-67 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 2 nd day of October, 2023,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
65 Exhibit A
CITY OF LA VERNE, CALIFORNIA
STATEMENT OF INVESTMENT POLICY
PURPOSE
This statement is intended to provide guidelines for the prudent investment of the City of La Verne’s temporary idle cash and outline the policies for maximizing the efficiency of the cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash.
SCOPE
Included in the scope of the City's investment policy are the following major guidelines and practices which are to be used in achieving the City's primary investment objectives:
▪ Investment Authority and Responsibilities
▪ Eligible Financial Institutions
▪ Authorized Investments
▪ Investment Maturities
▪ Cash Management
▪ Evaluation of Investment Performance
▪ Investment Reporting
▪ Investment Policy Review and Adoption
It is in tended that this policy cover all funds and investment activities under the direct authority of the City. These funds are accounted for in the City's Annual Comprehensive Financial Report ( ACFR) and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds. Funds excluded from this policy inc lude proceeds of debt issuance, retirement/pension funds and deferred compensation funds, and pension or other post - employment benefit funds held in a trust.
OBJECTIVES
The City’s cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain a market rate of return on funds as long as investments meet the criteria established for safety and liquidity.
Monday, October 2, 2023 City Council Agenda Packet
66 POLICY AND INVESTMENT PHILOSOPHY
The City of La Verne’s investment philosophy is to invest conservatively to minimize risk. Investments shall be made in the context of the Prudent Investor Rule for trustees of local government money, which is defined in Government Code Section 53600.3:
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then p revailing, including, but not limited to the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiar ity with those matters would use in the conduct of funds of like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.
The fundamental principles of the City’s philosophy are:
▪ Diversification of the portfolio by investment type or maturity; ▪ Quality standards for securities issuers;
▪ Limits on the maximum maturity of investments; and
▪ Passive investment strategy of purchasing investments with the intent to hold them until maturity.
Portfolio diversification in terms of maturity, instrument types and issuer helps to reduce the overall risk while obtaining an average market rate of return. Therefore, the portfolio should consist of a mix of various types of securities, issuers and maturities. Occasion al measured losses are inevitable and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.
DELEGATION OF AUTHORITY
Investment authority and responsibility to invest or reinvest the funds of t he City of La Verne is hereby delegated by the City Council to the Finance Director . The Finance Director is a trustee and a fiduciary subject to the prudent investor standard.
The City may retain the services of an outside investment advisor or manager as approved by the City Council to assist with the City’s investment program who shall make all investment decisions and transactions in strict accordance with State Law, this Policy and such other written instructions as are provided.
AUTHORIZED INVESTMENTS
Investments may be made in the following media:
1. Money Market Account
2. Passbook Savings Account
Monday, October 2, 2023 City Council Agenda Packet
67 3. U. S. Treasury Issues
4. Federal Agency Securities
5. Certificates of Deposit
6. Negotiable Certificates of Deposits
7. Bankers Acceptances
8. Commercial Paper
9. Medium Term Corporate Notes
10. Repurchase Agreements
11. Local Agency Investment Fund (LAIF)
12. Los Angeles County Pooled Funds
13. Secured Obligations
14. Mutual Funds (including money market)
Descriptions of these investments are listed in Appendix A.
Proceeds from bonds and other obligations of indebtedness that are held by a trustee or fiscal agent may be invested in any instruments as specified in the bond indenture, resolution or issuance agreement.
Criteria for selecting investments and the order of priority are:
1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe.
2. Liquidity. This refers to the ability to convert investments into cash or cash equivalents without significant loss of principal. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally.
3. Y ield. Yield is the potential dollar earnings an investment can provide, and sometimes is described as the rate of return. Yield should become a consideration only after the basic requirements of safety and liquidity have b een met.
INTERNAL CONTROL
The Finance Department is responsible for ensuring compliance with the City's investment policy as w ell as for establishing systems of internal control designed to prevent loss due to fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by city officers and employees. Timely bank rec onciliations are conducted to ensure proper handling of all transactions.
An independent analysis by an external auditor shall be conducted annually to review internal control and compliance with policies and procedures.
Monday, October 2, 2023 City Council Agenda Packet
68 CONFLICTS OF INTEREST
The City adopts the following policy concerning conflicts of interest:
1. Officers and employees involved in the investment process s hall not conduct personal business activity that c ould conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
2. Officers and employees involved in the investment process shall disclose to the City Clerk any material financial interests in financial institutions that conduct business with the City of La Ver ne, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio.
SAFEKEEPING
Securities purchased from brokers/dealers shall be held in third party safekeeping by the tr ust department of the local agency’s bank or other designated third -party trustee/agent in local agency’s name and control , whenever possible. All trades where applicable will be executed by delivery vs. payment (DVP). This ensures that securities are deposited in the eligible financial institution prior to the release of funds.
INVESTMENT OBJECTIVE
The cash management system of the City of La Verne is designed to:
▪ Safeguard and protect the principal of the funds in the City’s investment portfolio;
▪ Ensure that the City has adequate cash to pay budgeted expenditures and other operating costs by selecting maturities that reflect projected future;
▪ Achieve a return on the funds; and
▪ Comply with applicable law governing investment of governmental funds.
REPORTING
In accordance with Government Code Section 53646(b)(1), the Treasurer shall render a quarterly report to the City Council. The Treasurer’s repor t shall be submitted to the City Clerk’s office within 30 days following the end of the quarter covered by the report .
The report on investments shall include the:
▪ T ype of each investment,
▪ I ssuer of each investment,
▪ D ate of purchase and maturity of each investment,
Monday, October 2, 2023 City Council Agenda Packet
69 ▪ P ar value and dollar amount invested on each security, investment and moneys held by local agency,
▪ I nterest rate or yield on each investment,
▪ C urrent market value of the investment portfolio as of the date of the report and the source of the valuation.
In addition, the report on investments shall include a statement:
▪ A s to whether the City’s investments comply with this Statement of Investment Policy, and if not, why not,
▪ D enoting the ability of the City to meet its expendit ure requirement for the next six months.
The investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. The City may invest to the maximum limits wi th LAIF. Investments made through Broker/Dealers will be made through firms who are members of the New York Stock Exchange or regulated by either the Securities Exchange Commission or the National Association of Securities Dealers. In addition, investmen t advisors must have at least five years’ experience investing in the securities and obligations authorized under this policy and managing assets in excess of five hundred million dollars ($500,000,000).
No investment (except for those made from the proc eeds of bonds) will be made in any security which at the time of the investment has a term remaining to maturity in excess of five years.
The City strives to maintain the level of investment of all funds as near 100 percent as possible through daily and pro jected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer and Finance Director.
The basic premise underlying the City’s investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed.
DEPOSITS
Money must be deposited in a nationally or state -chartered commercial bank, savings bank, savings and loan association, or credit union in the state. It may be in inactive deposits, active depo sits, or interest -bearing active deposits. The deposits cannot exceed the amount of the bank’s , savings and loan’s , or credit union’s paid up capital and surplus.
The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of 110 percent of the total amount of the deposits.
State law also allows, as an eligible security, first trust deeds having a value of 150 percent of the total amount of the deposits.
Monday, October 2, 2023 City Council Agenda Packet
70 The Finance Director or Treasurer may at his/her discretion waive security for t hat portion of a deposit, which is insured pursuant to federal law. Currently, the first $250,000 of a deposit is federally insured. It is to the City of La Verne’s advantage to waive this collateral requirement f or the first $ 250,000 because we receive a higher interest rate.
DEPOSITORY SERVICES
ACTIVE DEPOSITS are demand or checking accounts, which receive revenues and pay disbursements.
INTEREST-BEARING ACTIVE DEPOSITS are money market accounts at a financial institution (i.e., bank, savings and loan, credit union). These accounts are demand accounts (i.e., checking accounts) with restricted transaction activity.
INACTIVE DEPOSITS are certificates of deposits issued in any amount for periods of time as short as fourteen days and as long as several years. Interest must be calculated on a 360- day basis, actual number of days. At any given time, the City may have certificates of deposit in numerous financial institutions. As a matter of policy, we do not invest in Certificate of Deposits (CDs) for longer than one year or invest through an outside CD broker.
We require that each financial institution submit current financial statements, which are evaluated by staff prior to the investment of funds. We use the following criteria:
1. The institution must have been in business at least four years.
2. The institution must have assets of at least $500 million and a net worth to asset value greater than 3.5 percent.
3. Investments in Credits Unions require an equity (net worth) to asset value of 5.0 percent.
PASSBOOK SAVINGS ACCOUNT is similar to an inactive deposit except not for a fixed term. The interest rate is generally lower than CD s, but the savings account allows us flexibility. Funds can be deposited and withdrawn according to City needs.
INVESTMENT SECURITIES
Investment of City funds is governed by the California Government Code Sections 16429.1 and 53601. Investments may not have a term or maturity at the time of investment of longer than that authori zed by Section 53601 or five years (measured by settlement date) unless the City Council has granted express authority, no less than three (3) months prior to the investment, for a specific investment to exceed such limit. It should be noted that while the Government Code specifies the maximum percentage of the portfolio which may be held in each type of investment at any one time, fluctuation s in the portfolio balance will prevent strict adherence to such restrictions. Therefore, percentage limitations shall apply to investments at the time of purchase. The City will Monday, October 2, 2023 City Council Agenda Packet
71 diversify its investments by security type and institution. Within the context of the State limitations, the following investments are authorized:
1. U.S. TREASURY OBLIGATIONS
Government Co de Section 53601(b): are direct obligations of the United States Government. These issues are called bills, notes, and bonds. The maturity range of new issues is from thirteen weeks (T -bills) to thirty years (T -bonds). These are highly liquid and are considered the safest investment security.
2. U.S. GOVERNMENT SECURITIES
Government Code Section 53601(f): are issued by direct U. S. Government agencies or quasi-government agencies. The United States Government guarantees these issues directly or indirect ly. Examp les of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Federal Intermediate Credit Bank (FICB) debentures, Small Business Administ ration (SBA) n otes, Gove rnment National Mortgage Association (GNMA) notes and Student Loan Association (SALLMAE) notes.
3. CERTIFICATES OF DEPOSIT
Government Code Section 53635 are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $250,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC). Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). Certificates of Deposit can be issued from fourteen days to several years in maturity allowing the City investment of funds to be matched to cash flow needs. For deposits exceeding $250,000 we require the financial institution to collateralize with 110 percent government securities collateral. The City of La Verne will no t accept 150 percent collateral (First Trust Deeds) or 105 percent Letters of Credit (LC ). There is no limit as to the amount of the investment portfolio tha t may be deposited in certificates of deposit.
4. CALIFORNIA STATE, CALIFORNIA LOCAL GOVERNMENT AGENCIES, and other
UNITED STATES STATE BONDS
Government Code Sections 53601(c) through (e): Twenty percent (20%) of the City’s portfolio may be invested in this category having at the time of investment minimum “AA” or its rating equivalent or better by an NRSRO. This category includes:
▪ Registered state warrants or treasury notes or bonds of the State of California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled or operated by the state or by a department, board, agency, or authority of the state.
▪ Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. ▪ Bonds, notes, warrants, or other evidence of indebtedness of a local agency within the State of California, including bonds payable solely out of the revenues Monday, October 2, 2023 City Council Agenda Packet
72 from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
5. BANKERS ACCEPTANCES
Government Co de Section 53601( g) are short -term credit arrangement to enable business to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at m aturity. An acceptance is a high- grade negotiable instrument.
Acceptances are purchased in various denominations for 30 to 270 days. The City cannot purchase banker’s acceptances with a maturity longer t han 180 days. The interest is calculated on 360-d ay discount basis similar to Treasury Bills. Local agencies cannot invest more than 40 percent of their excess funds in banker’s acceptances and no more than 30 percent of the agency ’s funds in any one commercial bank.
6.COMMERCIAL PAPER
Government Code Section 53601(h):
is short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson-American Express, Bank of America, Wells Fargo Bank, etc.
Twenty-five percent (25%) of the City's portfolio may be invested in "Prime" commercial paper as rated by a nationally recognized statistical -rating organization (NRSRO).
Issuing corporations must be organized and operating in the United States, have $500 million total a ssets, and have at least an "A1" rating by an NRSRO on debt other than commercial paper. No more than 10% of the portfolio may be invested in the commercial paper and medium -term notes of any single issuer. The maturity period cannot exceed 270 days.
7. NEGOTIABLE CERTIFICATES OF DEPOSIT
Government Code Section 53601(i): Thirty percent (30%) of the City's portfolio may be invested in Negotiable Certificates of Deposit issued by a nationally or state-chartered bank or a state or federal association or by a state- licensed branch of a foreign bank.
These securities shall be rated in a ratings category of “A” or its equivalent or better by an NRSRO.
8. MEDIUM TERM CORPORATE NOTES
Government Code Section 53601(k) are unsec ured promissory notes issued by a corporation operating in the United States. These are negotiable instruments and are actively traded in the secondary market. Medium Term Corporate Notes (MTN) can be defined as extended maturity commercial paper. Corporations use these MTNs to raise capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo Bank, etc.
Monday, October 2, 2023 City Council Agenda Packet
73 Defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less (measured by settlement date), issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by an NRSRO. No more than 10% of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer. Up to 30% of the City's portfolio may be so invested.
9.LOCAL AGENCY INVESTMENT FUND (LAIF)
Government Code Section 16429.1: is a special fund in the California State Treasury, which local agencies may use to de posit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $ 75 million (except for proceeds from bonds) for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by amounts deposited and the length of time they are deposited. Interest is pai d quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable cost of making the investments, not to exceed one- quarter of one percent of the earnings.
10. SECURED OBLIGATIONS
Government Code Section 53601 (m) & (n) are notes, bonds, or other obligations which are at all times secured by a valid first priority security interest in eligible securities pursuant to Section 5 3651. The securities serving as collateral shall be in the custody of a trust company or the t rust department of a bank, which is not affiliated with the issuer of the secured obligations. Also included are mortgage pass -thru investments and collateralized mortgage obligation (CMO). The CMO is a cash flow bond in which mortgage payments from the underlying mo rtgage pools pay principal and interest to the CMO bondholder. Investments in secured obligations, et al, may not exceed 20 percent of the local agency’s excess funds.
11. MUTUAL FUNDS
Government Code Section 53601(l) a re “shares of benefi cial interest issued by diversified management companies.” In order to invest in a m utual fund, it must be restricted by its by -laws to the same investments as the Government Code allows local agencies. These investments include treasury debt obligations , banker’s acceptances, commercial paper, certificates of deposit, negotiable certificates of deposit, repurchase agreements, secured obligations, and medium term corporate notes. The quality rating and percentage restrictions in each investment category ap plicable to the local agency also applies to the mutual fund.
A further restriction is that the purchase price of the shares of the mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed twenty Monday, October 2, 2023 City Council Agenda Packet
74 percent of the lo cal agency’s excess funds pursuant to this section and no more than ten percent may be invested in shares of beneficial interest of any one mutual fund.
12. MORTGAGE OR ASSET BACKED SECURITIES
Government Code Section 53601(o): Up to twenty percent (20%) of the City's portfolio may be investe d in mortgage pass -through securities, collateralized mortgage obligations, mortgage- backed or other pay -through bonds, equipment lease- backed certificates, consumer receivable passthrough certificates, or consumer rece ivable- backed bonds. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less measured on a weighted average l ife (WAL) basis.
DUE DILIGENCE REQUIREMENT
The Finance Director shall make a thorough investigation of an investment pool or mutual fund prior to investing funds and on a continual basis. At a minimum, the following information shall be on file for each pool and/or mutual fund:
1. A description of eligible investment securities, and a written statement of investment policy and objectives.
2. A description of interest calculations, how interest is distributed, and how gains and losses are treated.
3. A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
4. A description of who may invest in the program, how often, and the size of deposits and withdrawals.
5. A schedule for receiving statements and portfolio listings.
6. Whether reserves, retained earnings, etc. are utilized by the pool/fund.
7. A fee schedule, and when and how fees are assessed.
8. Whether the pool/fund is eligible for bond proceeds a nd/or will it accept such proceeds.
PROHIBITED INVESTMENTS
In compliance with Government Code Section 53631.5, the City of La Verne shall not invest in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. A dditionally, the City shall not invest in any security that could result in zero interest accrual if held to maturity.
The City does not partic ipate in any form of portfolio leverage, including but not limited to securities lending programs, reverse repurchase agreements and margin accounts.
DERIVATIVE INVESTMENTS
Derivatives are investments whose value is “derived” from or based upon the value of other assets or on the level of an interest rate index. The City of La Verne does not invest in derivative products.
Monday, October 2, 2023 City Council Agenda Packet
75 LEGISLATIVE CHANGES
Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of La Verne Statement of Investment Policy and supersede any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investment Review Committee, until the maturity date to avoid an unnecessary loss.
CASH MANAGEMENT
In order to obtain a reasonable return on public funds, the following cash management practices will be followed:
1. Maintain maximum investment of all City funds not required to meet immediate cash flow needs.
2. Pool cash from all City administered funds for investment purposes with interest earnings allocated monthly , distributed quarterly based on the average cash balance of each fund at month end as a percentage of the entire pooled portfolio.
3. Maximize the City's cash flow through immediate deposit of all cash receipts, use of direct deposit when available, and appropriate timing of payment to vendors.
4. Maximize cash flow information available through the use of only one operating bank account.
_________________________________ __________________________ City Manager Date
Monday, October 2, 2023 City Council Agenda Packet
76 NUMBER: 215 ISSUED: 07-1-2018
EFFECTIVE DATE: 101-21-20231 REVISED: 11-1-2021
SUBJECT: INVESTMENT POLICY Resolution 2 31-87xx
PURPOSE
This statement is intended to provide guidelines for the prudent investment of the City of La Verne’s temporary idle cash and outline the policies for maximizing the efficiency of the cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash.
SCOPE
Included in the scope of the City's investment policy are the following major guidelines and practices which ar e to be used in achieving the City's primary investment
objectives:
Investment Authority and Responsibilities
Eligible Financial Institutions
Authorized Investments
Investment Maturities
Cash Management
Evaluation of Investment Performance
Investment Reporting
Investment Policy Review and Adoption
It is intended that this policy co ver all funds and investment activities under the direct authority of the Ci ty. These funds are accounted for in the City's Annual Comprehensive Financial Report (ACFR) and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds. Funds excluded from this policy include proceeds of debt issuance, retirement/pensi on funds and deferred compensation funds, and pension or other post-emp loyment benefit funds held in a trust.
GOALOBJECTIVES
The City’s cash management system is designed to accurately monitor and forecast expenditures and revenues, thus en abling the City to invest funds to the fullest extent possible. The City attempts to obtain a market rate of return on funds as long as investments meet the criteria established for safety and liquidity.
Monday, October 2, 2023 City Council Agenda Packet
77 Administrative Regulation No. 215, Investment Policy, page 2
POLICY AND INVESTMENT PHILOSOPHY
The City of La Verne’s invest ment philosophy is to in vest conservatively to minimize risk. Investments shall be made in the context of the Prudent Investor Rule for trustees of local government money, which is defined in Government Code Section 53600.3:
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the ci rcumstances then prevailing, including, but not limited to t he general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of like characte r and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.
The fundamental principles of the City’s philosophy are:
▪ Diversification of the portfolio by investment type or maturity; ▪ Quality standards for securities issuers;
▪ Limits on the maximum matu rity of investments; and
▪ Passive investment strategy of purchasing investments with the intent to hold them until maturity.
Portfolio diversification in terms of matu rity, instrument types and issuer helps to reduce the overall risk while obtaining an average mark et rate of return.
Therefore, the portfo lio should consist of a mix of various types of securities, issuers and maturities. Occasional measur ed losses are inevitable and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.
The City’s passive investment stra tegy will not prohibit it from selling a security prior to its maturity and recording a gain or loss in order to improve the qual ity, liquidity, or yiel d of the portfolio in response to market conditions or City needs.
DELEGATION OF AUTHORITY
Investment authority and respons ibility to invest or rein vest the funds of the City of La Verne is hereby delegated by the City Council to the Finance Director. The Finance Director is a trustee and a fiducia ry subject to the prudent investor standard.
The City may retain the services of an outside investment advisor or manager as approved by the City Council to assist wit h the City’s investment program who shall make all investment decisions and transactions in strict accordance with State Law, this Policy and such other written instructions as are provided.
Monday, October 2, 2023 City Council Agenda Packet
78 Administrative Regulation No. 215, Investment Policy, page 3
AUTHORIZED INVESTMENTS
Investments may be made in the following media:
1. Money Market Account
2. Passbook Savings Account
3. U. S. Treasury Issues
4. Federal Agency Securities
5. Certificates of Deposit
6. Negotiable Certif icates of Deposits
7. Bankers Acceptances
8. Commercial Paper
9. Medium Term Corporate Notes
10. Repurchase Agreements
11. Local Agency Investment Fund (LAIF)
12. Los Angeles C ounty Pooled Funds
13. Secured Obligations
14. Mutual Funds (including money market)
Descriptions of these investments are listed in Appendix A.
Proceeds from bonds and other obligations of indebtedness that are held by a trustee or fiscal agent may be invested in any instrum ents as specified in the bond indenture, resolution or issuance agreement.
Criteria for selecting investments and the order of priority are:
1. Safety. The safety and risk asso ciated with an investment refers to the potential loss of principa l, interest or a combi nation of these amounts.
The City only operates in those investments that are considered very safe.
2. Liquidity. This refers to the ab ility to convert investments into cash or cash equivalents without significant lo ss of principal. Liquidity is an important investment quality espec ially when the need for unexpected funds occurs occasionally.
3. Yield. Yield is the potentia l dollar earnings an investment can provide, and sometimes is described as the rate of return. Yield should become a consideration only after the basic requirements of safety and liquidity have been met.
INTERNAL CONTROL
The Finance Department is responsib le for ensuring compliance with the City's investment policy as well as for establishing systems of internal control designed to prevent loss due to fraud, employee error, misrepresentation by third parties, unanticipated changes in financial Monday, October 2, 2023 City Council Agenda Packet
79 Administrative Regulation No. 215, Investment Policy, page 4
markets, or imprudent actions by city officers and employees. Timely bank reconciliations are conducted to ensure proper handling of all transactions.
An independent analysis by an ext ernal auditor shall be conducted annually to review internal cont rol and compliance with policies and procedures.
CONFLICTS OF INTEREST
The City adopts the following policy concerning conflicts of interest:
1. Officers and employees involved in the investment process shall not conduct personal business activity th at could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions.
2. Officers and employees involved in the investment process shall disclose to the City Clerk any material financial interests in financial institutions that conduct business with the City of La Verne and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio.
SAFEKEEPING
Securities purchased from brokers/deal ers shall be held in third party safekeeping by the trust department of the local agency’s bank or other designated third party trustee/agent in local agency’s name and control, whenever possible. All trades where appli cable will be executed by delivery vs. payment (DVP). This ensures that se curities are deposited in the eligible financial institution prior to the release of funds.
INVESTMENT OBJECTIVE
The cash management system of the City of La Verne is designed to:
▪ Safeguard and protect the principal of the funds in the City’s investment portfolio;
▪ Ensure that the City has adequate cash to pay budgeted expenditures and other operating costs by selecting maturities that reflect projected future;
▪ Achieve a return on the funds; and
▪ Comply with applicable law governi ng investment of governmental funds.
REPORTING
Monday, October 2, 2023 City Council Agenda Packet
80 Administrative Regulation No. 215, Investment Policy, page 5
In accordance with Government Code Se ction 53646(b)(1), the Treasurer shall render a quarterly report to the City Council. The Tr easurer’s report shall be submitted to the City Clerk’s office within 30 days following the end of the quarter covered by the report. The report on investments shall include the:
▪ Type of each investment,
▪ Issuer of each investment,
▪ Date of purchase and maturity of each investment,
▪ Par value and dollar amount inve sted on each security, investment and moneys held by local agency,
▪ Interest rate or yi eld on each investment,
▪ Current market value of the invest ment portfolio as of the date of the report and the source of the valuation.
In addition, the report on investments shall include a statement:
▪ As to whether the City’s investm ents comply with this Statement of Investment Policy, and if not, why not,
▪ Denoting the ability of the City to meet its expenditure requirement for the next six months.
The investment portfolio will be divers ified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
The City may invest to the maximum limits with LAIF. Investments made through Broker/Dealers will be made through firms who are members of the New York Stock Exchange or regulated by either the Securities Exchange Commission or the National Association of Securities Dealers. In addition, investment advisors must have at least fi ve years’ experience investing in the securities and obligations authorized under this policy and managing assets in excess of five hundred million dollars ($500,000,000).
No investment (except for those made from the proceeds of bonds) will be made in any security which at the time of the investment has a term remaining to maturity in excess of five years.
The City strives to maintain the level of investment of all funds as near 100 percent as possible through daily and projec ted cash flow determinations. Idle cash management and investment transacti ons are the responsibility of the City Treasurer and Finance Director.
The basic premise underlyin g the City’s investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed.
DEPOSITS
Monday, October 2, 2023 City Council Agenda Packet
81 Administrative Regulation No. 215, Investment Policy, page 6
Money must be deposited in a nationally or state- chartered commercial bank, savings bank, savings and loan association, or credit union in the state. It may be in inactive deposits, active deposits, or interest-bearing ac tive deposits. The deposits cannot exceed the amount of the bank’s, savings and loan’s, or credit union’s paid up capital and surplus.
The bank or savings and loan must secu re the active and inactive deposits with eligible securities having a market value of 110 percent of the total amount of the deposits. State law also al lows, as an eligible securi ty, first trust deeds having a value of 150 percent of the total amount of the deposits.
The Finance Director or Treasurer may at his/her discretion waive security for that portion of a deposit, which is insured pursuant to federal law. Currently, the first $250,000 of a deposit is federally insur ed. It is to t he City of La Verne’s advantage to waive this collateral requirement for the first $250,000 because we receive a higher interest rate.
DEPOSITORY SERVICES
ACTIVE DEPOSITS are demand or checking accounts, which receive revenues and pay disbursements.
INTEREST-BEARING ACTIVE DEPOSITS are money market accounts at a financial institution (i.e., bank, savings and loan, credit union) . These accounts are demand accounts (i.e., checking accounts) with restricted transaction activity.
INACTIVE DEPOSITS are certificates of deposit s issued in any amount for periods of time as short as fourteen days and as long as several years. Interest must be calculated on a 360-day basis, ac tual number of days. At any given time, the City may have certificates of deposit in numerous financ ial institutions.
As a matter of policy, we do not invest in Certificate of Deposits (CDs) for longer than one year or invest through an outside CD broker.
We require that each financial institutio n submit current financial statements, which are evaluated by staff prior to t he investment of f unds. We use the following criteria:
1. The institution must have been in business at least four years.
2. The institution must have asse ts of at least $500 million and a net worth to asset value greater than 3.5 percent.
3. Investments in Credits Unions re quire an equity (net worth) to asset value of 5.0 percent.
PASSBOOK SAVINGS ACCOUNT is similar to an inactive deposit except not for a fixed term. The interest rate is generally lower than CDs, but the savings account allows us flexibility. Funds can be deposited and withdrawn according to City needs.
Monday, October 2, 2023 City Council Agenda Packet
82 Administrative Regulation No. 215, Investment Policy, page 7
INVESTMENT SECURITIES
Investment of City funds is governed by the California Government Code Sections 16429.1 and 53601. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five years (measured by settlement date) unless the City Council has granted express authority, no less than three (3 ) months prior to the in vestment, for a specific investment to exceed such limit. It s hould be noted that while the Government Code specifies the maximum percentage of the portfolio whic h may be held in each type of investment at any one time, fl uctuations in the portfolio balance will prevent strict adherence to such restricti ons. Therefore, per centage limitations shall apply to investments at the time of purchase. The City will diversify its investments by security type and institut ion. Within the c ontext of the State limitations, the following investments are authorized:
1. U.S. TREASURY OBLIGATIONS
Government Code Section 53601(b):ISSUES are direct obligations of the United States Government. These issues are called bills, notes, and bonds. The maturity range of new issues is from th irteen weeks (T-bills) to thirty years (T- bonds). These are highly liquid and are considered t he safest investment security.
2. U.S. Government Securities FEDERAL AGENCY
Government Code Section 53601(f): are issued by direct U. S. Government agencies or quasi-government agencies. The United States Government guarantees these issues directly or indirect ly. Examples of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Federal Intermediate Credit Bank (FICB) debentures, Small Bu siness Administration (SBA) notes, Government National Mortgage Associat ion (GNMA) notes and Student Loan Association (SALLMAE) notes.
3. CERTIFICATES OF DEPOSIT
Government Code Section 53635 are investments for inactive funds issued by banks, savings and loans and credit union s. Investments of $250,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC). Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). Certif icates of Deposit can be issued from fourteen days to several years in maturity allowing the City investment of funds to be matched to cash flow needs. For deposits exceeding $250,000 we require the financial institution to collateralize with 110 percent government securities collateral. The City of La Verne will not accept 150 percent collateral (First Trust Deeds) or 105 percent Let ters of Credit (LC). There is no limit as to the amount of the investment portfolio that may be deposited in certificates of deposit.
Monday, October 2, 2023 City Council Agenda Packet
83 Administrative Regulation No. 215, Investment Policy, page 8
4. California State, Californi a State, California Local Government Agencies, and other United States State Bonds
Government Code Sections 53601(c) through (e): Twenty percent (20%) of the City’s portfolio may be invested in this category having at the time of investment a minimum “AA” or its rating equivalent or better by an NRSRO. This category includes:
Registered state warrants or treasury notes or bonds of the State of California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled or operated by the state or by a department, board, agency, or authority of the state.
Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
Bonds, notes, warrants, or other evidence of indebtedness of a local agency within the State of California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured
obligations of the financ ial institution. These securities are generally issued in bearer form and pay interest at maturity. Although negotiable, a strong secondary market exists only in the NCD’s issued by the largest United States ban ks. Examples of large banks include Bank of America, Citibank, C hase Manhattan, Manufact urers Hanover, etc.
These securities generally trade in multiple amounts of $1 million with the average trade in the secondary market of $5 million. Local agencies cannot invest more than 30 per cent of their excess funds in negotiable certificates of deposit.
5. BANKERS ACCEPTANCES
Government Code Section 53601(g) are short-term credit arrangement to enable business to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high-grade negotiable instrument. Acceptances are purchased in various denominatio ns for 30 to 270 days. The City cannot purchase banker’s acceptances with a maturity longer than 180 days. The interest is calculat ed on 360-day discount basis similar to Treasury Bills. Local agencies cannot in vest more than 40 percent of their excess funds in banker’s acceptances and no more than 30 percent of the agency’s funds in any one commercial bank.
6.COMMERCIAL PAPER
Monday, October 2, 2023 City Council Agenda Packet
84 Administrative Regulation No. 215, Investment Policy, page 9
Government Code Section 53601(h):
is short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson-American Express, Bank of America, Wells Fargo Bank, etc.
Twenty-five percent (25%) of the City's portfolio may be invested in "Prime" commercial paper as rated by a nationally recognized statistical-rating organization (NRSRO). Issuing corporations must be organized and operating in the United States, have $500 million total assets, and have at least an "A1" rating by an NRSRO on debt other than commercia l paper. No more than 10% of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer. The maturity period cannot exceed 270 days. Local agencies are permitted by state law to invest in co mmercial paper of “prime” quality of the highest ranking or of the highest lette r and numerical rating as provided by Moody’s Investor’s Service, Inc. or Standard and Poor’s Cor poration, or Fitch Financial Services, Inc. Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed twenty-five percent of the local agency’s excess funds.
7. NEGOTIABLE CERTIFICATES OF DEPOSIT
Government Code Section 53601(i): Thirty percent (30%) of the City's portfolio may be invested in Negotiable Certificates of Deposit issued by a nationally or state-chartered bank or a state or federal association or by a state-licensed branch of a foreign bank. These securities shall be rated in a ratings category of “A” or its equivalent or better by an NRSRO.
8. MEDIUM TERM CORPORATE NOTES
Government Code Section 53601(k) are unsecured promissory notes issued by a corporation operating in the United States. These are negotiable instruments and are actively traded in the secondary market. Medium Term Corporate Notes (MTN) can be defined as extended maturi ty commercial paper. Corporations use these MTNs to raise capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo Bank, etc.
Defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less (measured by settlement date), issued by corporations organized and operat ing within the United States or by depository institutions licensed by the Un ited States or any state and operating within the United States. Notes eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by an NRSRO.
No more than 10% of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer. Up to 30% of the City's portfolio may be so invested.Local agencies are restricted by the Government Code to investment in corporations rated in the top three note categories by a single nationally Monday, October 2, 2023 City Council Agenda Packet
85 Administrative Regulation No. 215, Investment Policy, page 10
recognized rating service. Further restrictions are maximum term of five years to maturity and total investments in Medium Term Corporate Notes may not exceed 30 percent of the local agency’s excess f unds. In addition, not more than ten percent of the City’s tota l investment assets can be in commercial paper and medium term notes of any single issuer.
REPURCHASE AGREEMENTS are short-term investm ent transactions. Banks buy temporarily idle funds fr om a customer by selling him U. S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreement s are typically for one to ten days in maturity. The customer receives intere st from the bank. The interest rate reflects both the prevailing demand for Fe deral Funds and the maturity of the REPO. Some banks will execute repurchase agreements for a minimum of $100,000, but most banks have a minimu m of $500,000. The City may invest periodically in repurchase agreements, but as a matter of policy the City will NOT directly invest in reverse-repurchase agreements.
9.LOCAL AGENCY INVESTMENT FUND (LAIF)
Government Code Section 16429.1: is a special fund in the California State Treasury, which local agencies may use to deposit funds for investment. There is no minimum investment period and t he minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $75 million (except for proceeds from bonds) for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable cost of making the investm ents, not to exceed one-quarter of one percent of the earnings.
LOS ANGELES COUNTY POOLED FUND is similar to the State of California Local Agency Investment Fund (LAIF). Los Angeles County has an existing pooled fund with current assets of exceeding $36 billion serving school districts and other special districts. This pooled fund is m anaged by the County Treasurer and interest is competitive to money market rates. There are no restrictions to number of transactions or dollar amount of deposits. The funds deposited by a local agency in the Count y Pooled Fund cannot be attached by the County.
All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited.
Interest is paid monthly by check, wa rrant or direct deposit to the agency’s County Pooled Fund account. The C ounty keeps an amount for reasonable administrative costs of the pool.
10. SECURED OBLIGATIONS as those authorized under
Monday, October 2, 2023 City Council Agenda Packet
86 Administrative Regulation No. 215, Investment Policy, page 11
Government Code Section 53601 (m) & (n)N, are notes, bonds, or other obligations which are at all ti mes secured by a valid first priority security interest in eligible securities pursuant to Se ction 53651. The securities serving as collateral shall be in the custody of a tr ust company or the trust department of a bank, which is not affiliated with the iss uer of the secured obligations. Also included are mortgage pass-thru investments and collateralized mortgage obligation (CMO). The CM O is a cash flow bond in which mortgage payments from the underlying mortgage pools pay pr incipal and interest to the CMO bondholder. Investments in secured obligations, et al, may not exceed 20 percent of the local agency’s excess funds.
11. MUTUAL FUNDS are referred to in the
Government Code Section 53601(l) a res “shares of beneficial interest issued by diversified management companies.” in order to invest in a mutual fund, it must be restricted by its by-laws to the same investments as th e Government Code allows local agencies. These investm ents include treasury debt obligations, banker’s acceptances, commercial paper, certificates of deposit, negotiable certificates of deposit, repurchase agreements, secured obligations, and medium term corporate notes. The quality rating and percentage restrictions in each investment category applicabl e to the local agency also applies to the mutual fund.
A further restriction is that the purchase price of the s hares of the mutual funds shall not include any sales commission. In vestments in mutual funds shall not exceed twentyfifteen percent of the local agency’s excess funds pursuant to this section and no more than t en percent may be invested in shares of beneficial interest of any one mutual fund.
12. Mortgage or Asset-Backed Securities (ABS)
Government Code Section 53601(o): Up to twenty percent (20%) of the City's portfolio may be invested in mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable passthrough certificates, or consumer receivable-backed bonds. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less measured on a weighted average life (WAL) basis.
DUE DILIGENCE REQUIREMENT
The Finance Director shall make a thorough investigation of an investment pool or mutual fund prior to investing funds and on a continual basis. At a minimum, the following information shall be on file for each pool and/or mutual fund:
1. A description of eligible investment securities, and a written statement of Monday, October 2, 2023 City Council Agenda Packet
87 Administrative Regulation No. 215, Investment Policy, page 12
investment policy and objectives.
2. A description of interest calculations, how interest is distributed, and how gains and losses are treated.
3. A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
4. A description of who may invest in the program, how often, and the size of deposits and withdrawals.
5. A schedule for receiving statements and portfolio listings.
6. Whether reserves, retained earnings, etc. are utilized by the pool/fund.
7. A fee schedule, and when and how fees are assessed.
8. Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds.
PROHIBITED INVESTMENTS
In compliance with Government Code Section 53631.5, the City of (REDACTED) shall not invest in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Additionally, the City shall not invest in any security that could result in zero interest accrual if held to maturity.
The City does not participate in any form of portfolio leverage, including but not limited to securities lending programs, reverse repurchase agreements and margin accounts.
DERIVATIVE INVESTMENTS
Derivatives are investments whose value is “derived” from or based upon the value of other assets or on the level of an interest rate index. The City of La Verne does not invest in derivative products.
LEGISLATIVE CHANGES
Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of La Verne Statement of Investment Policy and supersede any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investment Review Committee, until the maturity date to avoid an unnecessary loss.
VI. CASH MANAGEMENT
In order to obtain a reasonable return on public funds, the following cash management practices will be followed:
1. Maintain maximum investment of all City funds not required to meet immediate cash flow needs.
2. Pool cash from all City administered funds for investment purposes with Monday, October 2, 2023 City Council Agenda Packet
88 Administrative Regulation No. 215, Investment Policy, page 13
interest earnings allocated monthly, distributed quarterly based on the average cash balance of each fund at month end as a percentage of the entire pooled portfolio.
3. Maximize the City's cash flow through immediate deposit of all cash receipts, use of direct deposit when available, and appropriate timing of payment to vendors.
4. Maximize cash flow information available through the use of only one operating bank account.
_________________________________ __________________________ City Manager Date
Monday, October 2, 2023 City Council Agenda Packet
89 City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM: Andrea Blockinger, Administrative Analyst
SUBJECT: PROCLAMATION AND CERTIFICATE OF RECOGNITION POLICY _________________________________________________________________________________
SUMMARY
The City Council is requested to approve the Proclamation and Certificate of Recognition Policy to be included within the City of La Verne’s Administrative Regulations. The Policy outlines the City’s procedure for processing requests for honorary proclamations and certificates from the community.
RECOMMENDATION
That the City Council should approve the Proclamation and Certificate of Recognit ion Policy.
DISCUSSION
Over the past few years, the City of La Verne has experienced an increase in community requests for proclamations and certificates of recognition. These requests come from various individuals, groups, and organizations seeking to recognize or support national holidays, events, causes, or milestones.
The rising volume of requests has led to a need for policies to ensure that there is a consistent process to solidify expectations and prioritize proclamations and certificates of recognition that align with the City’s mission and values.
The proposed Policy will require that all requests be submitted through a form on the City’s website which will undergo preliminary review by the City Manager’s Office before then being forwarded to Council. Most requests will require 30 days’ notice for review and approval. The table below summarizes the workflow process per request type.
Request Option Workflow
Proclamation to be
presented at a City Council
Meeting
1. Submitted requests will be placed on the consent
calendar for Council approval to be presented at a
subsequent City Council Meeting.
2. Upon approval, the proclamation will be presented
at a City Council Meeting on the approved date.
Monday, October 2, 2023 City Council Agenda Packet
90 Proclamation not to be
presented at a City Council
Meeting
1. Submitted requests will be placed on the consent
calendar for Council approval to be produced.
2. Upon approval, the City Manager’s Office will
prepare the proclamation and send it to the
requesting group.
Certificate of Recognition
1. Submitted requests will be reviewed by the Mayor
and City Manager’s Office for approval.
2. Upon approval, the City Manager’s Office will
prepare certificate(s).
**Certificates of Recognition not requiring Council
attendance only require 15 days’ notice.
FISCAL ANALYSIS
Not applicable for this item.
ENVIRONMENTAL ANALYSIS
Not applicable for this item.
LEGAL REVIEW
The City Attorney has reviewed this report as to form and content.
ATTACHMENTS
1. Draft Proclamation and Certificate of Recognition Policy Monday, October 2, 2023 City Council Agenda Packet
91 Number: XXX Issued: XX-XX-XX Effective Date: XX-XX-XX Revised: XX-XX-XX
Subject: PROCLAMATION & CERTIFICATE OF RECOGNITION POLICY
I. Purpose: The purpose of this policy is to establish guidelines for the issuance of proclamations and certificates of recognition, which are ceremonial documents of appreciation and/or recognition. Proclamations and certificates of recognition are strictly honorary and do not carry any legislative or legal value, nor do they constitute an endorsement by the City of La Verne or the La Verne City Council.
II. General Policy: Requests should be submitted to the City, through the City Clerk’s Office, for routing to the City Manager for review consistent with this policy and to the Mayor for final approval. In the absence of the City Manager or Mayor, the Assistant City Manager or Mayor Pro Tem shall assume these responsibilities.
III. Proclamation Provisions:
a. The City of La Verne will consider a request for this recognition from any group or individual if the request has local relevance and/or promotes activities taking place in the City of La Verne.
b. Proclamations may be issued for the following (not an exhaustive list):
i. Civic celebrations;
ii. Celebration of City employees/departments;
iii. Organizations contributing to economic development of the City; iv. Issues with widespread community interest, with a primary emphasis on requests in support of City Council’s goals and objectives;
v. Significant community-based events;
vi. Significant anniversaries of City of La Verne based institutions, corporations, community partners, and non-profit organizations that are active in the community;
vii. Fundraisers benefiting the citizens of La Verne; or viii. Organizations providing service to residents of La Verne. c. Proclamations will not be issued for the following:
i. Events or organizations with no direct relationship to the City of La Verne;
ii. Political campaigns of any kind;
Monday, October 2, 2023 City Council Agenda Packet
92 iii. Events contrary to city policies and applicable law and regulations; or
iv. Matters of political controversy, ideological or religious beliefs or individual conviction(s).
d. All requests are subject to approval by, and prepared on behalf of, the Mayor, or the Mayor Pro Tem in the absence of the Mayor.
IV. Submitting Requests for Proclamations: To start the proclamation request process, an individual or organization must first submit a request online on the City Clerk’s webpage at [insert webpage here]. Requests received will be administered by the offices of the City Manager and the City Clerk, and be presented to the Mayor for approval. Requests must include:
a. Name and daytime phone number of the contact person; b. Brief history of the organization or description of the purpose, goal, motto or theme of the proclamation;
c. If it is tied to an event, list the day and time of the event and any pertinent event details;
d. Specification whether the proclamation can be mailed, held for pick-up, or presented at an event or Council Meeting; and
e. Draft language of the proclamation is highly recommended.
All requests must be submitted at least thirty (30) days prior to the requested presentation date. Submitted requests will be presented to the City Council on the consent calendar at the subsequent City Council meeting for approval.
Upon approval, the proclamation may be issued as a presentation at the following City Council meeting or, if not presented, distributed as needed.
Requests submitted with less than thirty (30) days’ notice have the option to accept a certificate of recognition instead of a proclamation.
Submission of a request does not guarantee the issuance of a proclamation.
The Mayor and the City Manager’s Office reserve the right to determine the appropriateness of the proclamation based on the information provided by the requesting individual and/or organization. The type of recognition, a proclamation or certificate or recognition, will be determined by the City Council, pursuant to section VI of this policy. Additionally, the City reserves the right to modify language and shorten the proclamation as necessary.
V. Proclamation Exemptions: The City of La Verne honors certain national holidays and events annually and therefore are exempt from the above provisions. These proclamations will be agenized with no further action by City Council. These proclamations include, but are not limited to, Monday, October 2, 2023 City Council Agenda Packet
93 a. Red Cross Month
b. Public Works Week
c. Older American Month
VI. Certificate of Recognition Provisions:
a. The City of La Verne will consider a request for this recognition from any group or individual if the request has local relevance and/or promotes activities taking place in the City of La Verne.
b. Certificates may be issued for the following (not an exhaustive list):
i. Grand openings;
ii. Employee retirements;
iii. Anniversary celebrations;
iv. Academic achievements;
v. Athletic achievements;
vi. Ceremonial acts;
vii. Service within the community;
viii. La Verne Chamber of Commerce Awards; and
ix. Eagle Scout recognitions.
c. Certificates of recognition will not be issued for the following:
i. Events or organizations with no direct relationship to the City of La Verne;
ii. Political campaigns of any kind;
iii. Events contrary to city policies and applicable law and regulations; or
iv. Matters of political controversy, ideological or religious beliefs or individual conviction(s).
d. All requests are subject to approval by, and prepared on behalf of, the Mayor or the Mayor Pro Tem in the absence of the Mayor.
VII. Submitting Requests for Certificates of Recognition: To start the request process, an individual or organization must first submit a request online on the City Clerk’s webpage at [insert webpage here]. Requests received will be administered by the offices of the City Manager and the City Clerk, and be presented to the Mayor for approval. Requests must include:
a. Name and daytime phone number of the contact person; b. Brief history of the organization or description of the purpose for the certificate of recognition;
c. If it is tied to an event, list the day and time of the event and any pertinent event details; and
Monday, October 2, 2023 City Council Agenda Packet
94 d. Specification whether the certificate of recognition can be mailed, held for pick-up, or presented at an event.
Certificate of recognition requests that ask for City Council attendance must be submitted at least thirty (30) days prior to the requested presentation date.
Certificates that do not request Council attendance require fifteen (15) days’ notice.
Submitted requests will be reviewed by the City Manager and the Mayor for approval. Submission of a request does not guarantee the issuance of a certificate of recognition. The Mayor and the City Manager’s Office reserve the right to determine the appropriateness of the request based on the information provided by the requesting individual and/or organization.
_________________________________ ____________________ City Manager Date Monday, October 2, 2023 City Council Agenda Packet
95 LA VERNE PUBLIC FINANCING AUTHORITY
Minutes of the Regular Meeting
Monday, August 7, 2023
___________________________________________
1. A regular meeting of the La Verne Public Financing Authority was called to order at 7:39 pm.
2. Board Members Present: Chairman Tim Hepburn, Rick Crosby, Wendy Lau, and Steven Frank Johnson.
Absent: Board Member Meshal “Kash” Kashifalghita.
Advisory personnel present: Executive Director Ken Domer, Assistant City Manager JR Ranells, Legal Counsel Kimberly Hall Barlow, and Deputy Secretary Debra Fritz.
3. Public Financing Authority
Minutes
Public Financing Authority Minutes from the meetings of August 15, 2022, and June 5, 2023.
Recommendation: That the JPFA Authority approve the minutes.
Approved.
RESOLUTION NO. JPFA-67 &
RESOLUTION NO. JPFA-68
ADOPTING BUDGETS FOR
LA VERNE MOBILE
COUNTRY CLUB MOBILE
HOME PARK AND VALLEY
RANCHO MOBILE HOME
PARK
Assistant Ci ty Manager Ranells reported on adopting budgets for La Verne Mobile Country Club Mobile Home Park and Valley Rancho Mobile H ome Park. He stated that a nnually, the La Verne Public Financing Authority (LVPFA ) reviews and approves the operating budgets for the two LVPFA -owned mobile home parks.
The budgets do not reflect significant changes from p revious years and were submitted to the La Verne Public Financing Authority for consideration and adoption.
Chairman Hepburn called for public comment on this matter. There was none.
It was moved by Crosby and seconded by Johnson and unanimous carried to approve that th e La Verne Public Financing Authority adopt Resolution No. JPFA- 67 titled, “A RESOLUTION OF THE
LA VERNE PUBLIC FINANCING AUTHORITY ADOPTING A
BUDGET FOR LA VERNE MOBILE COUNTRY CLUB MOBILE
HOME PARK; and adopt Resolution No. JPFA -68 titled, “A
RESOLUTION OF THE LA VERNE PUBLIC FINANCING
AUTHORITY ADOPTING A BUDGET FOR VALLEY RANCHO
MOBILE HOME PARK.
4. The meeting was adjourned at 7:46 pm
Respectfully submitted,
By Debra Fritz
Deputy Secretary
Monday, October 2, 2023 City Council Agenda Packet
96 This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
97 La Verne Public Financing
Authority Agenda Report
DATE: October 2, 2023
TO: La Verne Public Financing Authority
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTION NO. JPFA -69 GRANTING AN EASEMENT TO
SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY
PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO
MOBILE HOME PARK)
SUMMARY
The attached resolution grants an easement to Southern California Edison Company for utility purposes at the Valley Rancho Mobile Home Park which is owned by the La Verne Public Financing Authority. This easement is similar to one approved for the Southern California Gas Company and will allow the conversion of the current utility infrastructure for electrical to be replaced, improved, and transferred.
RECOMMENDATION
Adopt Resolution No. JPFA-69, titled, “A RESOLUTION OF THE LA VERNE PUBLIC
FINANCING AUTHORITY, GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO MOBILE HOME PARK).”
DISCUSSION
Utilizing funding from affordable housing under the Redevelopment Agency, t he City of La Verne underwent a process of purchasing Valley Rancho M obile Home Park (Valley Rancho) in April 2000 with the long-term goal of improving living conditions in the general area. Over subsequent years, Valley Rancho has undergone numerous improvements including substantial electrical upgrades. However, the current gas and electric infrastructure is primarily master metered, meaning it is owned by the park and metered by the park unlike traditional residential properties.
In 1997, Public Utilities Code §§ 2791-2799, established a statutory framework, Transfer of Facilities in Master -Metered Mobilehome Parks and Manufactured Housing Communities to Gas or Electric Corporation Ownership, for transferring such facilities to utilities that provide direct service where the park or community is located. However, because very few transfers have occurred since 1997, in 2014, the Commission initiated a pilot program to transfer master -meter/submeter service to direct utility service. In March of 2015, Valley Rancho applied for the transfer program and was notified in November 2021 that it was selected as eligible to participate in the 2023 program.
The criteria for conversion of these systems focus on safety first , and then on improvements in reliability and capacity. In an effort to improve efficiency , the program Monday, October 2, 2023 City Council Agenda Packet
98 encourages joint trenching and conversion of both gas and electric systems in th e entire park. Utilities, other than those providing gas and electric service, are encouraged to participate in the program to further improve efficiencies and potentially reduce overall program costs.
Southern California Edison Company is now ready to proceed with the necessary easement stage as part of the planning process. Southern California Gas Company has already been granted an easement for their portion of the project.
FISCAL IMPACT
The recommended action has no financial impact.
ENVIRONMENTAL IMPACT
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the Legal Counsel.
ATTACHMENTS
1. Resolution JPFA-69
2. Grant of Easement – Valley Rancho
Monday, October 2, 2023 City Council Agenda Packet
99 RESOLUTION NO. JPFA-69
A RESOLUTION OF THE LA VERNE PUBLIC FINANCING AUTHORITY ,
GRANTING AN EASEMENT TO SOUTHERN CALIFORNI A EDISON COMPANY FOR UTILITY PURPOSES FOR 2909 ARROW HIGHWAY (VALLEY RANCHO
MOBILE HOME PARK)
WHEREAS, the La Verne Public Financing Authority acquired Valley Rancho Mobile Home Park in April, 2000; and
WHEREAS, the Public Utilities Code established a framework for transferring gas and electric utility facilities from mobile home parks to utilities that provide direct service where the park is located.
BE IT RESOLVED by the La Verne Public Financing Authority as follows:
Section 1. The proposed Grant of Easement, attached hereto and made a part hereof by reference as though the same were set forth in full herein is hereby adopted.
Section 2. The La Verne Public Financing Authority hereby authorizes and directs the Secretary, or his/her designee, to execute and record the attached "Grant of Easement" with associated Exhibits in favor of Southern California Edison Company.
Section 3. The Chairman shall sign and the Secretary 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 2
nd of October 2023.
____________________________________
Tim Hepburn, Chairman
ATTEST:
________________________________
Lupe Gaeta Estrella, Secretary
I hereby certify that the foregoing JPFA Resolution No. 69, was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 2 nd day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Lupe Gaeta Estrella, Secretary
Monday, October 2, 2023 City Council Agenda Packet
100
RECORDING REQUESTED BY
J E DISON
SOUIl lt RN CAt.lf0ttNlA
An l: /,\'IIRN.r',/ 1(),\4t (:0m
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION wAY, 2nd FLOOR
POMONA, CA 9I768
SCE Doc. No.
GRANT OF
EASEMENT
Attn: Title and Real Estate Services
SPACE S USE
DOCUMENTARY TRANSFER TAX S NONE
VALUE AND CONSIDERATION LESS THAN $1OO,OO)
SCE Company
FIRM NAMESIG. OF OECLARANT OR AGENT DETERMINING TAX
DISTRICT
Covina TD2054409
MAP SIZE
GVM M I -JU/Z.E
lpN 8371-008-900 VEGETATION &
LAND
I\iIANAGEMENT
EY
SLSNP
DATE
08/18t23
LA VERNE PUBLIC FINANCING AUTHORITY, a Joint Exercise of Powers Authority (hereinafter referred to as "Grantor"), hereby grants to SOUTFIERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replaQe, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Los Angeles, State of Califomia, described as follows:
THE COMMON AREAS OF THE REAL PROPERTY IN CITY OF LA VERNE, COL]NTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 2 AND 3, OF THE FULTON TRACT, AS PER MAP RECORDED IN BOOK I 7, PAGE 92 OF MISCELLANEOUS RECORDS, SAID PORTION IS MORE PARTICULARLY DESCRIBED IN THE DEED TO THE GRANTOR HEREIN, RECORDED APRIL 24,2OOO AS INSTRUMENT NO. 00-0611249 OF OFFICIAL RECORDS,IN TFIE OFFICE OF THE COLTNTY RECORDER OF SAID COI.INTY.
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant a non-exclusive easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline ofsaid systems as constructed in, on, over, under, across, and along the Grantor(s) property.
This legal description was prepared pursuant to Sec. 8730(c) ofthe Business & Professions Code.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one o. *ori, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
THE COMMON AREAS BEING THE PRIVATE STREETS, PRIVATE DRIVEWAYS, AND OPEN SPACES LYING WITHIN TIIE ABOVE-DESCRIBED LAND. EXCEPTING TFIEREFROM ANY BUILDINGS OR STRUCTURES WHICH MAY PRESENTLY EXIST, OR ARE NOW LTNDER CONSTRUCTION.
Monday, October 2, 2023 City Council Agenda Packet
101
Grantor agrees for himsell his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property ofthe Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.
EXECUTED this _ day of 20
GRANTOR
LA VERNE PUBLIC FINANCING AUTHONTY, A
Joint Exercise of Powers Authority
Signature
Print Name
Title
On
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, 'of of that document.
State of California )
County of _ )
before me, a Notary Public, personally
who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
2 Signature (Seal)
DSE
TD2054409
Monday, October 2, 2023 City Council Agenda Packet
102
This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
103
City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM: Eric Scherer, Community Development Director
SUBJECT: CASE NUMBERS 74-23ANX AND 93-23ZC – 406 BASELINE ROAD –
ANNEXATION FROM COUNTY OF LOS ANGELES INTO LA VERNE
AND ZONE CHANGE TO ESTABLISH PRE-ZONING DESIGNATION
SUMMARY
The applicant, Deborah Chavez, is proposing to annex 406 Baseline Road ( APN No. 8666-009-033), a 15,096 square foot parcel, from the County of Los Angeles into the City of La Verne. A Pre- Annexation Zone Change is proposed to establish the zoning designation for the site that is currently within unincorporated Los Angeles County.
RECOMMENDATION
It is recommended that the City Council:
1. A pprove Case Nos. 74-23ANX and 93-3ZC with a Categorical Exemption from the California Environmental Quality Act , together with a subsequent Local Agency Formation Commission (LAFCO) approval of annexation of this property into the City of La Verne.
2. Adopt Resolution No. 23-68, approving the annexation of the property to the City of La Verne from unincorporated Los Angeles County.
3. Adopt Ordinance No. 1120, to establish a pre-zoning designation of PR3D.
DISCUSSION
Since the year 2000, municipalities have been precluded from extending utility services beyond their established jurisdictional boundaries. Consequently, for the prospective development of a residential dwelling on the subject property in the foreseeable future, the applicant must procure water services from the City of La Verne. The only method by which the City can facilitate this provision of water service to the property entails the annexation of the parcel into the City of La Verne. Therefore, the applicant has formally submitted an application for annexation and pre-zone considerations. Following potential approval by the City Council, the subsequent step in this process entails the submission of an application to the Local Agency Formation Commission (LAFCO) for its comprehensive review and evaluation.
The vacant, rectangular -shaped site, encompassing an area of 15,096 square feet, is along the southern perimeter of Baseline Road. The site is predominantly level and is undeveloped.
Monday, October 2, 2023 City Council Agenda Packet
104
The site is within the La Verne Sphere of Influence (as delineated in Study VII Area 2 (B), established on November 28, 1973. A “Sphere of influence” means a plan for the probable physical boundaries and service area of a local agency, as determined by the LAFCO.
The site is surrounded by single- family residences on all sides. Importantly, the subject property is presently within the jurisdiction of the County of Los Angeles, characterized by a zoning classification of A -1-15000. Although the property is in the county, the property is already designated in the La Verne General Plan as being for Low -Density Residential use (0-5 units per acre).
Annexation (74-23ANX)
The proposed project would annex approximately 15,096 square feet of undeveloped land from unincorporated Los Angeles County into the City of La Verne and allow for the future development of a single- family home and associated infrastructure. The future home would require City of La Verne utilities (sewer and water), therefore, the site is proposed to be annexed into the City of La Verne’s corporate boundaries. The annexation process would officially begin with the Los Angeles Formation Commission (LAFCO) once the project and environmental determination is approved by the City Council.
Pre-Annexation Zone Change (93-23ZC)
The property has a current Los Angeles County zoning designation of A-1-15000. Once annexed into the City of La Verne, the property is proposed to be zoned PR3D – Planned Residential 3 Dwelling Units per Acre Detached. This zoning is consistent with the zoning of adjacent and nearby properties that are within the City limits.
A future project of a single-family home would be consistent with the intent of the zoning and the density standards contained in PR3D zoning. The proposed PR3D zone complies with and implements the G eneral Plan designation for this area; the PR3D zone establishes standards for an orderly and harmonious development of planned residential units; the PR3D zone is compatible development between uses; and the PR3D zone implements developmental standards based on the suitability of the site.
Compatibility with Surrounding Uses
The proposed land use and zoning designations are compatible with the surrounding land uses. The City of La Verne properties to the east, west, and south are zoned PR3D.
Across the street, north of Baseline Road are single-family homes in unincorporated Los Angeles County. The future single- family home would be compatible to the PR3D zone as it would be similar to existing developed properties.
Planning Commission Determination
A Notice of public hearing was published in the Daily Bulletin and mailed out to properties within 300 feet on August 31, 2023, for a Planning Commission hearing on September 13, 2023. At the hearing, after public testimony, the Planning Commission approved recommending the project for approval to the City Council as well as for a Categorical Exemption under CEQA.
Monday, October 2, 2023 City Council Agenda Packet
105
Public Noticing
A notice of this public hearing was published in the Daily Bulletin on September 19, 2023.
The notice was also posted on the City’s website, displayed on the Council Chambers bulletin board, and mailed out to property owners within 300 feet of the subject property on August 31, 2023.
FISCAL ANALYSIS
The annexation of this parcel will provide nominal additional property tax for the City and, as development occurs, the City will receive the associated development permits, applicable fees, and additional property tax for property improvements. Impacts to existing City services are anticipated to be minor due to the limited size of the parcel requesting annexation.
ENVIRONMENTAL ANALYSIS
In accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines, staff is recommending a Categorical Exem ption per section 15319(b): Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single- family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single-family home.
LEGAL REVIEW
The City Attorney has approved the ordinance and resolution as to form.
Attachments:
1. Resolution No. 23-68 for Annexation
2. Ordinance No. 1120 for Pre-Zoning Designation
3. Planning Commission Resolution No. 1113
Monday, October 2, 2023 City Council Agenda Packet
106
RESOLUTION NO. 23-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A NNEXATION OF 406 BASELINE ROAD, APN# 8666 -009-033, (15,096 SQUARE FEET) FRO M LOS ANGELES UNINCORPORATED COUNTY INTO THE CITY OF LA VERNE.
WHEREAS, the applicant, Deborah Chavez, filed an application proposing to annex a 15,096 square foot parcel into the City of La Verne and a Zone Change to establish land use and zoning designations for the site located at 406 Baseline Road (the “Property”), which is at the south side of Baseline Road and west of Dawn Avenue; and
WHEREAS, Section 18.70.100 of the La Verne Municipal Code authorizes the City Council to hear and approve annexation requests; and
WHEREAS, on September 13, 2023, the Planning Commission of the City of La Verne held a further duly, noticed public hearing on the p roject at which time it considered all evidence presented, both written and oral, that the City Council approve the request; and
WHEREAS, the City Council of the City of La Verne held a duly noticed hearing on the Project on October 2, 2023, at which time it considered all evidence presented, both oral and written; and
WHEREAS, notice of the public hearings were published in the Inland Valley Daily Bulletin and mailed to all owners of properties within 300 feet of the property; and
WHEREAS, prior to adopting this Resolution, the City Council adopted Ordinance No. 1120 adopting a Categorical Exemption determination for the project and approving a pre- annexation zone change.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. Findings. In approving the proposed Annexation, City Council HEREBY FINDS AND DETERMINES that Case No. 74-23ANX satisfies the provisions of Section
18.70. 1. The proposed annexation shall be consistent with all applicable goals, policies and implementation measures of the C ity General Plan and any applicable specific plans.
The proposed annexation has been determined to be consistent with all applicable goals, policies and implementation measures of the C ity’s General Plan as is detailed in the staff report for this project. These measures include but are not limited to the evaluation of environmental factors such as development standards that protect natural habitats, grading, and tree preservation.
Monday, October 2, 2023 City Council Agenda Packet
107
2. The proposed annexation shall conform to the terms of any memorandum of understanding or other agreement adopted by the City Council applicable to the proposed annexed territory.
It has been determined that the annexation of this site will comply with all applicable zoning standards. There is no agreement adopted by the City Council which applies to the proposed annexed territory.
3. The application for the proposed annexation shall contain an analysis that demonstrates to the satisfaction of the Community Development Director and the finance officer the costs and revenues that will result from the proposed annexation and, if applicable, any subsequent development of the annexed property. The annexation shall not imperil the city’s long- term ability to finance, maintain and operate public facilities.
It has been determined that due to the limited size of the proposed development, the annexation would not imperil the city’s long- term ability to finance, maintain and operate public facilities related to the development of this site.
4. The application for the proposed annexation shall contain evidence that demonstrates to the satisfaction of the Director of Public Works and the Community Development Director that public services and utilities, including sewer and water service, can and shall be extended to serve the proposed annexed territory.
Each director has determined that public services including sewer, water, and utilities have been determined to be available to the proposed annexation area.
5. The application for the proposed annexation shall demonstrate to the satisfaction of the Community Development Director that an assessment district shall be established at an appropriate time to pay for lighting, landscape maintenance and other capital improvements and on- going maintenance, if such a district is necessary according to the consensus of the finance director, the Community Development Director , and the Director of Public Works.
It has been determined that due to the limited size of the proposed development, an assessment district is not necessary for improvements related to the development of this site.
6. The area to be annexed shall be within the city’s sphere of influence.
The area to be annexed within the city’s established sphere of influence (SOI) (SOI Study VII Area 2 (B), Est. 11/28/73).
7. In the case of county “islands,” the applicant(s) shall demonstrate to the satisfaction of the Community Development Director that annexation shall not negatively impact existing services or adjacent land.
Monday, October 2, 2023 City Council Agenda Packet
108
Annexation of this parcel into the City of La Verne would not create an “island” nor is it currently an island as the parcel is contiguous to the City of La Verne boundaries.
Section 2. Approval. Based upon the above findings, the City Council HEREBY APPROVES Annexation Case No. 74-23ANX. The approvals granted herein shall not take effect unless and until Ordinance No. 1120 is adopted, approving the Categorical Exemption and designating the pre-annexation zoning to PR3D.
Section 3. Attest. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this ordinance.
PASSED, APPROVED, AND ADOPTED this this 2nd day of October 2023.
___________________________________
Tim Hepburn, Mayor
ATTEST:
_________________________________
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-68 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 2 nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Exhibit A – Annexation Area
Monday, October 2, 2023 City Council Agenda Packet
109
EXHIBIT A
Annexation Area
Monday, October 2, 2023 City Council Agenda Packet
110
ORDINANCE NO. 1120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ESTABLISHING A PRE -ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING OF A-1- 15000 TO PR3D AND ADOPTING THE PR3D (HDOZ) ZONING FOR 406 BASELINE ROAD (APN No. 8666-009-033) IN THE CITY OF LA VERNE AND FINDING THE ORDINANCE
TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, Deborah Chavez (Applicant) submitted an application for a number of entitlements including annexation of a 15,096 square foot parcel, located at 406 Baseline Road (8666- 009-033) and currently within unincorporated Los Angeles County) into the City of La Verne and a zone change from the Los Angeles County zoning designation of A-1-15000 to PR3D; and
WHEREAS, on September 13, 2023 , the Planning Commission of the City of La Verne held a further duly, noticed public hearing on the Project at which time it considered all evidence presented, both written and oral, that the City Council approve the request; and
WHEREAS, the City Council of the City of La Verne held a duly noticed hearing on the Project on October 2, 2023 , at which time it considered all evidence presented, both oral and written; and
WHEREAS, notice of the public hearings were published in the Inland Valley Daily Bulletin and mailed to all owners of properties within 300 feet of the property; and
WHEREAS, prior to adopting this Ordinance to change the zoning from the Los Angeles County A-1- 15000 zone to PR3D (HDOZ), the City Council adopted Resolution No. 23-68 approving annexation of the property into the City of La Verne from the County of Los Angeles.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of La Verne as follows:
Section 1. CEQA. The City Council finds that no additional environmental review is required for multiple reasons. First, the annexation is not a "project" that is subject to CEQA, as there is no potential that the annexation will result in either a direct physical change to the environment or a reasonably foreseeable indirect change to the environment. The annexation will not substantially revise the development potential of the annexed lands under the existing zoning, and CEQA. As such, it will not result in any direct or indirect changes to the environment and is exempt per Public Resources Code § 21065 and CEQA Guidelines §15378. Additionally, the City Council is adopting a Categorical Exception for the project per section 15319(b): Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single- family residence, or a second Monday, October 2, 2023 City Council Agenda Packet
111
dwelling unit in a residential zone. In urbanized areas, up to three single- family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single-family home; and
Section 2. Findings. In approving the proposed pre -zoning designation, the City Council HEREBY FINDS AND DETERMINES that Case No. 93- 23ZC satisfies the requirements of California Government Code Section 65800, et seq. relating to zoning regulations, Government Code section 65450, et seq. and the requirements of Chapter
18.112 of the La Verne Municipal Code relating to changes and amendments in that:
1. The City has complied with all procedural requirements in the adoption of the Zone Change, including all required noticed, public hearings before the Planning Commission and City Council. Procedural requirements, including noticing and publishing of the Planning Commission and City Council hearing date and time, have occurred in compliance with Zoning Code requirements.
2. The proposed density of 3 units per acre is consistent with the General Plan land use designation of Low Density Residential.
3. The Zone Change is consistent with Land Use Element Policy and implementation measures. These policies and measures encourage the evaluation of environmental fiscal/service impact analysis, development standards that protect natural habitats, grading, and tree preservation while also ensuring compatibility with adjacent residential uses. Additionally, the Zone Change is consistent with the immediately adjacent properties which are developed with single family residences.
4. The Zone Change will enable the construction of an additional housing unit in furtherance of the goals and policies of the City’s Housing Element as well as in satisfaction of the City’s RHNA obligations.
5. T he Zone Change is consistent with all elements of the General Plan including land use, housing, and community design.
6. For the reasons set forth above, the proposed zone change serves the public necessity, convenience, and general welfare by creating development standards and regulations that will ensure that project will bring high- quality housing to the La Verne community and allow s the property to be developed with a single- family home similar to other single-family homes in the area.
Based upon the above findings, the City Council HEREBY APPROVES and ADOPTS:
1. The change in zone from A -1-15000 to P laned Residential - Detached 3 units/acre (PR3D) zone for the Property described above and depicted on the revised Zoning Map as shown on Exhibit A; and
Monday, October 2, 2023 City Council Agenda Packet
112
Section 3. Severability. If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, even thou gh any one or more sections, subsections, clauses, phrases, parts or portions thereof was declared invalid or unconstitutional.
Section 4. Attest. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this Ordinance.
Section 5. Effective Date. This ordinance shall become effective on the thirty first day after its adoption. Notwithstanding the foregoing, the zone for the property shall not change until the annexation becomes effective.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2023
___________________________________
Tim Hepburn, Mayor
ATTEST:
_______________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
113
CERTIFICATION
I, Lupe Estrella, Assistant City Clerk of the City of La Verne, do hereby certify that Ordinance No. 1120 was introduced for first reading at a regular meeting on the October 2, 2023, thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ____ day of ____________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Exhibit A – Current Los Angeles County Zoning Designation Exhibit B – Proposed La Verne Zoning Designation
Monday, October 2, 2023 City Council Agenda Packet
114
EXHIBIT A
Current Los Angeles County Zoning Designation: A-1-15000
Monday, October 2, 2023 City Council Agenda Packet
115
Exhibit B
Proposed La Verne Zoning Designation: PR3D
Monday, October 2, 2023 City Council Agenda Packet
116
Monday, October 2, 2023 City Council Agenda Packet
117
Monday, October 2, 2023 City Council Agenda Packet
118
Monday, October 2, 2023 City Council Agenda Packet
119
Monday, October 2, 2023 City Council Agenda Packet
120
Monday, October 2, 2023 City Council Agenda Packet
121
Monday, October 2, 2023 City Council Agenda Packet
122
This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
123
City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM:
Sam Gonzalez, Acting Chief of Police
SUBJECT: ASSEMBLY BILL 481 MILITARY EQUIPMENT LOAN REQUEST BY
SIERRA MADRE POLICE DEPARTMENT
SUMMARY
The Police Department is a member of the Foothills Special Enforcement Team (FSET), whose membership grew in 2023 with the addition of the City of Sierra Madre Police Department. This item follows the procedures outlined in Assembly Bill 481 (AB 481) regarding loaning equipment between police agencies.
RECOMMENDATION
Staff recommends City Council approve the loan of three (3) Colt rifles to the City of Sierra Madre Police Department, for a period of up to one year from the date of approval.
DISCUSSION
The Sierra Madre Police Department is in the early stages of equipping its officers with the appropriate safety equipment to begin training with FSET. Accordingly, the Sierra Madre Police Department is requesting to borrow from LVPD three (3) rifles while awaiting delivery of their own equipment. Due to the nature of the request, the Police Department is bound by AB 481 requiring the governing body’s approval for loaning “ military equipment,” as defined, for use by another law enforcement agency. The Police Department currently has three rifles not in service that can be loaned to the Sierra Madre Police Department. Sierra Madre Police has ordered their own rifles which should tentatively arrive before the end of 2023. They will return the rifles once they have received shipment of their equipment. Sierra Madre is also complying with AB 481 by requesting permission to borrow and use the military equipment from their governing body in accordance with AB 481.
FISCAL ANALYSIS
No fiscal impact.
ENVIRONMENTAL ANALYSIS
Not Applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
- List of Rifles to be Loaned to Sierra Madre
Monday, October 2, 2023 City Council Agenda Packet
124
AB 481 TEMPORARY TRANSFER TO CITY OF SIERRA MADRE
The City of Sierra Madre Police Department is a contributing agency to the Foothills Special Enforcement Team (FSET).
The three listed tactical rifles are property of the City of La Verne Police Department and have been designated to be temporarily transferred to the City of Sierra Madre Police Department for use by their tactical operators with FSET. The tactical operators utilizing the below listed rifles have received the appropriate training related to authorized use, operation, and functionality.
The City of La Verne Police Department firearms inventory has been updated to reflect the temporary transfer. The City of La Verne Police Department will maintain ownership of the rifles through this process and will remain indicated as such through the Department of Justice Automated Firearms System. The three rifles have been serviced, maintained at factory settings, and inspected prior to being transferred.
COLT M16A2 COMMANDO RIFLES:
Serial Number: A0169693
Serial Number: A0169694
Serial Number: A0169698
Monday, October 2, 2023 City Council Agenda Packet
125
City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM:
Cody A. Howing, City Engineer
SUBJECT: AWARD OF CONTRACT FOR LAS FLORES PARK AQUATIC
CENTER- POOL DECKING AND PLASTER IMPROVEMENT PROJECT
SUMMARY
This action will appropriate funding and award a construction contract to California Waters Development, Inc., in the amount of $1,330,505 for the Las Flores Park Pool renovations.
The project will be funded in part from a financial contribution from Assembly Member Chris Holden's office , with t he remaining amount shared equally by the City and it s Aquatic Center Partners – University of La Verne and Bonita Unified School District.
RECOMMENDATION
Staff recommends that the City Council:
1. A ward a public works construction contract to California Waters Development, Inc., the lowest, most responsible bidder, in the amount of $1,330,505 for the Las Flores Park Aquatic Center - Pool Decking and Plaster Improvement Project (Proj, No.
PK2301);
2. A uthorize staff to issue change orders not exceeding 15% of the construction budget for a total possible cost of $1,530,081, and
3. Adopt Resolution No. 23-69 appropriating $30,081 from the Park Development Fund to the Las Flores Park Aquatic Center - Pool Decking and Plaster Improvement Project.
DISCUSSION
The Las Flores Park Aquatic Center received a major overhaul in 1997- 1998 expanding the facility to its current size. The site includes an Olympic sized competition and diving pool, surrounded by a concrete deck, covered bleacher seating, diving boards, and competition starting blocks among the other existing amenities. Adjacent to the pool is the Aquatics Building which houses restrooms, lockers, mechanical rooms for pool equipment and storage space.
While maintenance on this facility is ongoing, the current pool plaster is coming to the end of its serviceable life and requires replacement. Similarly, the concrete pool deck is also in need of replacement. Both the plaster and pool deck are functional, but to avoid an unplanned shut down of the facility, replacement of the pool plaster and deck have been identified as maintenance needs for the facility. The City of La Verne currently has in place a joint-use agreement with the University of La Verne and the Bonita Unified School District allowing those organizations use of the pool facilities for the various aquatic and Monday, October 2, 2023 City Council Agenda Packet
126
sports programs. As part of that joint-use agreement maintenance costs are to be shared among the three entities.
Bid Process
The Public Works Department recently solicited bids for pool improvements at the aquatic center located at Las Flores Park. The planned improvements include demolition and replacement of the pool deck, demolition and re-plastering of the pool basin, replacement of tile, and painting or replacement of various other pool related amenities. The project was advertised on August 4th and August 18th, 2023 , with bid proposals received and opened via electronic platform “Planet Bids” on September 6, 2023.
On September 6, 2023, two sealed bids were opened for the Las Flores Park Aquatic Center Pool Decking and Plaster Improvement Project. The base scope of work consists of furnishing all necessary materials, labor, tools, equipment, and services to remove and replace the existing pool deck and pool basin plaster. In addition to the base scope work, “additive alternate” items were included in the bidding process to obtain competitive pricing of other work to the facility that could be accomplished during the window of the facility shut down.
The basis of determining the low bid for this project was on the base bid items alone.
California Wat ers Development Inc. also submitted the lowest cost for the “ additive alternate” items as noted in the bid summary total. Of the “additive alternate” items bid, Item A6 is not being recommended for award due to the cost proposed and the nature of the improvement not being required at this time by the Fire Department or Building Code compliance. Consideration of implementation for that item will be evaluated in the future should the scope align with other related improvements. The following table summarizes the bid results including all base bid and additive alternate items recommended for award by City Staff:
BIDDER TOTAL
California Waters Development, Inc.
Base Bid Items 1-14 $1,114,670.00
Additive Alternate Items A1-A5 & A7 $215,835.00
Total: $1,330,505.00
California Commercial Pools, Inc.
Base Bid Items 1-14 $1,530,000.00
Additive Alternate Items A1-A5 & A7 $301,750.00
Total: $1,831,750.00
Prior to scheduled bid opening date, staff organized a non-mandatory pre-bid meeting to be held at the Aquatic Center. A total of two prospective bidders attended the meeting to review conditions of the site prior to bidding the project. Additionally, a total of five self- identified prime contractors were on the plan holders list for the bid documents leading up to the due date.
Monday, October 2, 2023 City Council Agenda Packet
127
Additionally, leading up to this project, City staff coordinated the proposed improvements to the pool facility with both the University of La Verne and the Bonita Unified School District to arrange budgeting and scheduling for the proposed work. The planned improvement work is to take place from the beginning of March 2024 to mid- May 2024.
During the approximate 23-week period prior to the start of the construction window, the contractor will have adequate time to obtain a permit from the Los Angeles County of Public Health and arrange for any long lead time materials required for the construction of the project improvements.
As a note, this project was previously bid in December of 2022, but the sole bid from that process was subsequently rejected due to an elevated cost for the scope. The project scope was modified to remove construction of new shade structures and addition of painting the perimeter fence and other structures along with replacement of deck mounted sports equipment as “additive alternate” scope of work items.
FISCAL ANALYSIS
The Engineer's Estimate for the base scope of work is $1,150,000. Staff has identified funds of $1,500,000 available within the Park Development Fund, as outlined in the Fiscal Year (FY) 2022-23 and 2023-24 Adopted Budgets.
Under the terms of the existing facility agreement, both the Bonita Unified School District, the University of La Verne, and the City will contribute equally to cover the project's costs, ensuring a balanced financial burden.
Given the specific nature of the facility and the complexity associated with the on-site pool systems, we have deemed it prudent to request a project construction contingency of 15%. This contingency will guarantee that sufficient funds are at our disposal to expedite construction modifications and address any unforeseen conditions that may emerge during the project. To accommodate this contingency, we will need to allocate appropriations totaling $30,081 from the Park Development Fund to the FY 2023- 24 budget.
Additionally, the City is the recipient of a State appropriation secured by Assembly Member Chris Holden's office, earmarked for improvements to Las Flores Park, including enhancements to the Aquatic Center. The allocation towards each park improvement has not been finalized at this time and t he amount identified for the Aquatic Center will be applied to the cost of the pool improvement project with the remaining amount being equally shared by the District, University, and City.
ENVIRONMENTAL ANALYSIS
This project is categorically exempt from the California Environmental Quality Act, Section 15301 Existing Facilities, and City of La Verne environmental guidelines.
Monday, October 2, 2023 City Council Agenda Packet
128
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
1. Resolution 23-69
2. Project Bid Summary
Report Coordinated With:
Yvonne Duran, Community Services Director
Christy Lopez, Finance Director
Meg McWade, Public Works Director
Monday, October 2, 2023 City Council Agenda Packet
129
RESOLUTION NO. 23-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF A PUBLIC WORKS CONTRACT WITH CALIFORNIA WATERS DEVELOPMENT, INC.,
FOR THE LAS FLORES PARK AQUATIC CENTER POOL DECKING AND PLASTER IMPROVEMENT PROJECT.
WHEREAS, the City Council of the City of La Verne has heretofore advertised for bids for the construction of a public works project; and,
WHEREAS, said bids have been opened at the time designated and considered by the City Engineer of the City of La Verne; and,
WHEREAS, said City Engineer has recommended to said City Council that the bid of California Waters Development, Inc.
in the amount of $1,330,505.00 is in
accordance with plans, specifications and other data incidental to the obtaining of bids for such improvements, is the lowest and best responsible bid and should be accepted by the City Council; and,
WHEREAS, said bid has now been considered by the City Council;
NOW, THEREFORE, BE IT RESO LVED by the City Council of the City of La Verne as follows:
Section 1. That said City Council does hereby find and determine that the bid of said Contractor is the lowest and most responsive, responsible bid for the construction of said project.
Section 2. That the contract for the construction of said project, as set forth, is in accordance with the plans, specifications, and other data, and the same is hereby awarded to said Contractor subject to the following conditions:
a. That said Contractor execute and deliver an appropriate contract covering said work;
b. That the form of said contract shall be approved by the City Attorney for the City of La Verne;
c. That said Contractor post with the City of La Verne appropriate bonds covering Faithful Performance, and Labor and Materials, both in the amount of the contract, as required by said specifications; and, d. That said Contractor provide the City of La Verne with certificates of insurance naming the City and the Engineer as additional insured in accordance with the contract documents.
Section 3. That the Mayor and Assistant City Clerk are hereby authorized on behalf of the City of La Verne to enter into a contract with said Contractor, for the construction of said project as set forth and in accordance with plans, specifications and other data therein referred to.
Monday, October 2, 2023 City Council Agenda Packet
130
Section 4. Funds in the amount of $30,081 are appropriated from the Park Development Fund to the project expanding the current $1,500,000 included the Fiscal Year 2023-2024 Budget to a total amount of $1,530,081 for this project to cover all construction contract costs and a 15% project contingency.
Section 5. That said City Council does hereby find and determine that this project is categorically exempt from the California Environmental Quality Act, Section 15301 – Existing Facilities, and the City of La Verne environmental guidelines and affirms the State’s determination of a Categorical Exclusion under NEPA, 23 CFR 771.117(c): activity (c)(4).
Section 6. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 2nd day of October, 2023.
Mayor Tim Hepburn
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-69 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 2nd day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
131
BID DATE: 9/6/2023
PHONE (909) 594-9702 TIME: 10:00 AM
FAX (909) 594-2658 PLACE: City Hall
Sheet: 1 of 1
Computed By: CAH
Item
No.
1 Remove and salvage existing pool equipment intended for re-inst allation the unit price of 1 LS 10,000.00$ 10,000.00$ 12,402.00$ 12,402.00$ 7,000.00$ 7,000.00$ 2 Saw cut, break and remove existing reinforced concrete pool deck and drainage system for the unit price of 1 LS 225,000.00$ 225,000.00$ 247,317.00$ 247,317.00$ 230,000.00$ 230,000.00$ 3 Remove Existing Pool Plaster and Tile the unit price of 1 LS 225,000.00$ 225,000.00$ 92,706.00$ 92,706.00$ 219,000.00$ 219,000.00$ 4 Remove and replace expansion joint mastic on pool deck and insi de pool basin to industry standards. unit price of 1 LS 5,000.00$ 5,000.00$ 21,405.00$ 21,405.00$ 12,000.00$ 12,000.00$ 5 Installation of new reinforced pool deck, cantilever drain, til e and deck drainage system the unit price of 1 LS 400,000.00$ 400,000.00$ 367,598.00$ 367,598.00$ 642,000.00$ 642,000.00$ 6 Install new pool plaster, pool basin tile and salvaged pool eq uipment for the unit price of 1 LS 235,000.00$ 235,000.00$ 294,714.00$ 294,714.00$ 390,000.00$ 390,000.00$ 7 Department of Health Inspection Sign Off, and Pool F illing & Start Up unit price of 1 LS 50,000.00$ 50,000.00$ 78,528.00$ 78,528.00$ 30,000.00$ 30,000.00$ A1
Remove existing turf ground cover, modify existing irrigation, haul away or import material, grade and construct 5’ wide 4” PCC Sidewalk with deepened edge along northwesterly exterior side of pool enclosu re the unit price of
1220 SF 25.00$ 30,500.00$ 25.00 $ 30,500.00$ 50.00 $ 61,000.00$ A2
Clean and prepare perimeter tubular steel fence surface and apply two coat paint finish for the lump sum price of 1 LS 40,000.00$ 40,000.00 $ 56,045.00 $ 56,045.00 $ 70,000.00 $ 70,000.00 $ A3
Clean and prepare pool deck light system poles shafts and housi ngs surface and apply two coat paint finish for the lump sum price of 1 LS 20,000.00$ 20,000.00 $ 18,655.00 $ 18,655.00 $ 40,000.00 $ 40,000.00 $ A4
Clean and prepare pool deck score board system poles shaft surf aces and apply two coat paint finish for the lump sum price of 1 LS 5,000.00$ 5,000.00 $ 7,090.00 $ 7,090.00 $ 14,000.00 $ 14,000.00 $ A5
Furnish and install new starting block assembly, mounting ancho r, sleeves and appurtenances for the unit price of
13 EA 7,500.00$ 97,500.00 $ 5,884.00 $ 76,492.00 $ 6,750.00 $ 87,750.00 $ A6
Furnish an Install Pool Deck Exterior Pedestrian Gate Push Bar Panic Escape Retrofit Hardware with Tamper Resistant Shroud for the unit price off
4 EA 1,500.00$ 6,000.00 $ 13,292.00 $ 53,168.00 $ 4,000.00 $ 16,000.00 $ A7
Furnish and Install New One-Meter Diving Board System complete with Mounting Anchors, and appurtenances for the lump sum price of 1 LS 28,000.00$ 28,000.00 $ 27,053.00 $ 27,053.00 $ 29,000.00 $ 29,000.00 $ Base Bid Amount
Additive Alternate Amount
Total Bid Amount
Surety
Comments
398 Lemon Creek Drive, Suite E, Walnut, CA 91789
Yorba Linda, CA 92887 Glendora, CA 91740
California Commercial Pools Inc
BASE BID
$227,000.00 $269,003.00
Description Quantity Unit Unit Price
ADDITIVE ALTERNATE
Unit Price
Endurance Assurance Corporation
Total
$1,530,000.00
$317,750.00
$1,847,750.00
Summary of proposals received for:
Apparent Low Bidder
$1,114,670.00$1,150,000.00
Unit Price Total
Endurance Assurance Corporation
$1,377,000.00 $1,383,673.00
California Waters
Development Inc
Las Flores Park Aquatic Center
Pool Decking and Plaster Improvement Project
Engineer's Estimate
Total
2255 E Auto Center Drive 23311 E. La Palma Ave
Monday, October 2, 2023 City Council Agenda Packet
132
This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
133
City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM:
Sam Gonzalez, Acting Chief of Police
Yvonne Duran, Community Services Director
SUBJECT: ORDINANCE ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION
FACILITIES) OF THE LA VERNE MUNICIPAL CODE REGARDING
OBSTRUCTION OF TRANSPORTATION FACILITIES
SUMMARY
The City aims to maintain all public areas in a clean, sanitary, safe, attractive, and accessible condition and to protect the community' s health, safety, environment, and general welfare . Existing code provisions regulate use of and access to city streets, sidewalks, parks, and parkways. Staff recommends adding similar provisions to protect access to transportation facilities in the City by preventing conduct which interferes with the rights of others to use and enjoy those areas as intended by amending Title 12 of the La Verne Municipal Code to include prohibition of obstructing transportation facilities and regulations of camping, storage of personal property or bulky items in or upon transportation facilities in the city.
RECOMMENDATION
It is recommended that the City Council waive further reading of the Ordinance and place on first reading Ordinance No. 1121 amending Title 12 of the La Verne Municipal Code by adding a new Division IV, Chapter 12.6 0 (Obstruction of Transportation Facilities) to regulate camping and storage of personal property or bulky items , in or upon transportation facilities in the City.
DISCUSSION
The need to maintain access to public property, and particularly transportation facilities, is inc reasing in the City as the regional rail and bus system expands to reduce road congestion and pollution and to facilitate non -vehicular travel by residents, students and visitors to La Verne and its neighboring communities. In La Verne, concerns about obstruction of such facilities, including calls for service to the Police, have risen, highlighting the need to ensure that bus benches, shelters, transit and rail stops remain accessible by the travelling public, including handicapped users who may be unable to use other means of transportation.
With the construction of the A -Line light rail station at Arrow Highway, between E Street and White Avenue, the City is seeking to put into place necessary health and safety measures and after a review of our current municipal codes, determined that transportation facilities were lacking similar reasonable regulations as other public areas.
Monday, October 2, 2023 City Council Agenda Packet
134
The proposed Ordinance adds Chapter 12.60 to the La Verne Municipal Code concerning unlawful camping, storage and/or obstruction of access to transportation facilities and addresses both current transportation facilities in the City, such as bus stops, and will also protect access to the A-Line light rail transit system currently under construction.
Concerning transportation facilities, the proposed Ordinance would:
• Prohibit camping in or on any transportation facility or obstructing such property or immediately adjacent property, blocking access to the transportation facility.
•
Prohibit any persons from occupying any transportation facility for sleeping or living.
• Prohibit any persons from storing personal property, including camping items ( tents, huts, or other temporary shelters, as well as cots, beds, sleeping bags, hammocks, or bedrolls) on or in any transportation facility within the city.
• Prohibit any persons to erect a tent in or upon transportation facilities.
• Prohibit any persons from storing bulky items in or upon transportation facilities.
For the above reasons, staff recommends that the City Council introduce for first reading by title only and waive further reading the proposed ordinance.
It is important to note that the City currently provides multiple outreach and engagement programs for unhoused residents. Through the City’s Community Services D epartment, with the Community Services Director as the primary point of contact for those experiencing homelessness or requiring mental health services, the City directly works with Tri-City Mental Health, the San Gabriel Valley Council of Governments, and Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA). On June 19th, the City Council approved working with the San Gabriel Valley Council of Governments on a pilot program for the Crisis Assistance Response & Engagement Program (SGV CARES).
This program will emphasize mental health response needs to residents and others within La Verne and, while not emphasizing response to those experiencing homelessness, the mobile response teams are equipped to be a first response to those who are unhoused and experiencing a mental health issue. During the City’s 2023 Point in Time Count, which was conducted in late January 2023, six (6) unsheltered individuals were counted.
The once-a- year homeless count results are statistically accurate countywide at the Service Planning Area level. This is because the homeless count is designed to produce an estimate of people experiencing homelessness at a regional level. While r esidents may witness a different number during the day, the Point in Time number provided by the Los Angeles Homeless Services Authority is what is used for La Verne. Based on local settlement agreements in Los Angeles and Orange Counties , which follow the Martin v.
Boise case, La Verne currently contracts for enough beds for the counted homeless population.
Monday, October 2, 2023 City Council Agenda Packet
135
FISCAL ANALYSIS
Adopting the Ordinance will result in enforcement costs, to include costs of retaining personal property as required by law . The Police Department will be responsible for enforcing and handling personal property. At the same time, the Public Works Department will provide support for coordinating the pickup and disposal of any a ssociated trash.
These costs are absorbed within the City’s existing budget. The Community Services Director and the City Manager provide operational support with an emphasis on regional collaboration.
ENVIRONMENTAL ANALYSIS
Adoption of this O rdinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code, Section 21000, et. seq., hereafter “CEQA”). Adoption of the Ordinance will not result in a direct or reasonably foreseeable indirect adverse physical change to the environment, and therefore, its adoption is exempt from CEQA review. (CEQA Guidelines, Sections 15060(c)(2), 15061(b)(3))
The Ordinance is also an effort directed to improve public health and safety and is thus exempt from CEQA as an action taken by the City to assure the maintenance, restoration, or enhancement of a natural resource and/or the environment. (CEQA Guidelines, Sections 15307, 15308)
LEGAL REVIEW
The City Attorney prepared the proposed ordinance and has reviewed and approved this report.
ATTACHMENTS
Ordinance No. 1121
Monday, October 2, 2023 City Council Agenda Packet
136
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING DIVISION IV OF TITLE 12 OF THE LA VERNE MUNICIPAL CODE (TRANSPORTATION FACILITIES), CHAPTER 12.60
OBSTRUCTION OF TRANSPORTATION FACILITIES
WHEREAS, pursuant to the police power granted in Section 7, Article XI of the California Constitution, the city may enact and enforce ordinances that regulate conditions that protect the health, safety, and welfare of the community; and
WHEREAS, transportation facilities should be readily accessible to the public and available for use by intended users; and
WHEREAS, use of transportation facilities for purposes of camping such as erecting a tent, or other temporary shelter, lodging, sleeping, and storage of bulky items, interferes with the rights of others to use transportation facilities for the purposes for which they were intended; and
WHEREAS, the use of any transportation facility for camping purposes and/or lodging or erecting a tent or storage of bulky property creates a hazard to the public and safety through unsanitary and unsafe conditions; and
WHEREAS, the unauthorized use of transportation facilities for purposes of camping, lodging, erecting a tent, and storage of bulky items creates health, welfare, and safety concerns, including the accumulation of litter and waste in such areas, making the areas appear disorderly and unkept and interfering with access by the traveling public to use transportation facilities as intended; and
WHEREAS, the City recognizes that when transportation facilities remain accessible to the traveling public for protection from the elements while awaiting transportation, and appear clean, orderly, welcoming, and comfortable, the public peace, health, and safety tend to be preserved; and
WHEREAS, the City seeks to adopt measures to regulate the use of transportation facilities to preserve the public peace, health and safety of all.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A new Division IV of Title 12 is hereby added to the La Verne Municipal Code to read as follows:
Monday, October 2, 2023 City Council Agenda Packet
137
Title 12 Streets, Highways and Public Places
Division IV. Transportation Facilities.
Chapter 12.60 Obstruction of Transportation Facilities.
12.60.010 Purpose and intent.
Transportation facilities within the city should be readily accessible and available to residents and the public for their intended purposes. This Chapter aims to maintain transportation facilities within the city in a clean, sanitary, safe, attractive, and accessible condition and to protect the community's health, safety, environment, and general welfare. In addition, the use of transportation facilities for camping, sleeping, and storing of bulky items interferes with the rights of others to use and enjoy those areas as they are intended.
12.60.20 Definitions.
1. “Bulky item” means any item that is too large or a group of items that cumulatively are too large to fit into one sixty -gallon trash container with the lid closed, including, but not limited to, a mattress, couch, chair, or other furniture or appliance.
2. “Camping” means residing in or using any transportation facility for living accommodation or lodging purposes, as exemplified by remaining for prolonged or repeated periods not associated with the ordinary use of such transportation facility, with one’s possessions or while storing one’s possessions (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, and similar material). Consid ering all the circumstances, these activities constitute camping when it reasonably appears that a person is using the public property as a living accommodation with the intent to camp.
3. “Personal property” means any tangible property, including, but not limited to, goods, materials, merchandise, tents, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items.
4. “Store,” “stored” or “storing” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
5. “Tent” means any tarpaulin, cover, structure, or shelter made of any material that is not open on all sides and hinders an unobstructed view behind or into the area surrounded by the tarpaulin, cover, structure, or shelter.
6. “Transportation Facilities” means a highway, a railroad, a public or private mass transit facility, a taxi stand, bus stop, bus shelter, bus bench, spaces that are required for boarding and alighting activity for transit passengers, infrastructure needed for bus Monday, October 2, 2023 City Council Agenda Packet
138
vehicles to service the waiting areas, place providing access to or egress from transit services, including, but not limited to, bus stops, bus stations, interchanges on a highway used by one or more transit providers, train stations, shuttle terminals or stops and reserved travel lanes for exclusive transit operation.
12.60.030 Regulations of Camping, Storage of Personal Property or Bulky Items in or Upon Transportation Facilities.
A. Except as otherwise stated in this code, no person shall do any of the acts hereinafter specified on the grounds of any transportation facility or property immediately adjacent thereto.
1. It is unlawful for any person to camp in or on any transportation facility.
2. Unless otherwise permitted by law, it is unlawful for any person to occupy for lodging, any transportation facility.
3. It shall be unlawful for any person to store personal property, including camping items ( tents, huts, or other temporary shelters, as well as cots, beds, sleeping bags, hammocks, or bedrolls) on or in any transportation facility within the city.
4. It shall be unlawful to erect a tent in or upon any transportation facility.
5. It shall be unlawful to store bulky items in or upon any transportation facility.
6. It shall be unlawful to occupy any transportation facility or immediately adjacent property so as to interfere with access by persons intending to use any relate d transportation device, vehicle, or system for access to or egress from, such transportation facility.
Section 2. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this Ordinance. The Assistant City Clerk shall cause the same to be processed in the manner required by law.
PASSED, APPROVED and ADOPTED this 2
nd day of October, 2023.
______________________________________
Tim Hepburn, Mayor
_______________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
139
CERTIFICATION
I, Lupe Estrella, Assistant City Clerk of the City of La Verne, do hereby certify that Ordinance No. 1121 was introduced for first reading at a regular meeting on the 2nd day of October 2023, Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the X day of October 2023, by the following vote AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Monday, October 2, 2023 City Council Agenda Packet
140
This page left intentionally blank
This page left intentionally blank
Monday, October 2, 2023 City Council Agenda Packet
141