2022-10-16 City Council Meeting Agenda
CITY COUNCIL AGENDA 2023-10-16 (REGULAR AND STUDY SESSION)(KHB) KD.PDF
October 16 City Council Meeting Agenda Packet
CITY COUNCIL AGENDA PACKET 2023-10-16.PDF
1. Documents:
1.I.
Documents:
Monday, October 16, 2023
LA Impact & LA HIDTA Study Session at 5:30 p.m.
Regular City Council Meeting 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 publicviewing.
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 can turn your video on when called upon.
Call into the meeting via phone 1-669-900-6833 and enter ID: 899 8525 8387 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 Regular Meetings of October 16, 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 LA IMPACT AND LA HIDTA AGREEMENTS
The C
ity 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 Russell Lindquist; Marine, Master Gunnery Sgt. (E-9).
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
PRESENTATION BY ASSEMBLYMEMBER HOLDEN regarding State appropriation for Las Flores Park and Aquatic Center improvements.
RED RIBBON WEEK PROCLAMATION proclaiming the week of October 23- 31, 2023 as Red Ribbon Week encouraging 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.
DOMESTIC VIOLENCE AWARNESS MONTH PROCLAMATION proclaiming the Month of October 2023 as Domestic Violence Awareness Month calling upon every resident to change the social norms that permit domestic violence, provide meaningful support of survivors, and express gratitude to those working diligently on prevention and response efforts.
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 3
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.)
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
1. CI
TY COUNCIL MINUTES of the study session and regular City Council meetings of October 2, 2023.
RE
COMMENDATION: That the City Council approve the minutes.
2. REGISTER OF AUDITED DEMANDS for the following:
Fiscal Year 2023-24 – In the amount of $363,671.82 dated September 27, 2023.
RECOMMENDATION: That the City Councill approve the Register of Audited Demands.
3. AWARD TO HIGH STANDARD AUTOMOTIVE, LLC, FOR OUTFITTING OF FO UR PO
LICE INTERCEPTORS - This action will award a purchase order to High Standar d A
utomotive, LLC, in the amount of $79,926.87 for Police patrol vehicle outfitting (lighting package, internal equipment, radio/video interchange) and decommissioning of police units being replaced.
RECOMMENDATION: That the City Council award a purchase order to High Standard Automotive LLC, in the amount of $79,926.87 for outfitting of four Police vehicles.
4. RESOLUTION 23 -70, EXPRESSING SUPPORT FOR ACTIONS TO FURTHER
STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES - California Cities for Local Control, a coalition o f
c
ities and elected officials, contacted the City Council to request support to protect local authority over zoning and housing matters due to concerns about the impact of state- level housing legislation usurping local government authority. At the September 18, 2023, City Council meeting, Mayor Pro Tem Lau requested and received support to have a support resolution added to the agenda for consideration.
RE
COMMENDATION: That the City Council adopt Resolution No. 23- 70, titled, “A
RESOLUTION OF T HE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO
FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES.”
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 4
5. RESOLUTION 23-71 APPROVING FIDUCIARY SERVICES AGREEMENT WITH THE LOS A
NGELES HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (LA HIDTA) - In M
ay 2022, the City Council approved the existing Fiduciary Services agreement with the Los Angeles High Intensity Drug Trafficking Areas (LA HIDTA) Program. This revised agreement increases the fee payable to the City by $15,000, for a total amount of $165,000 annually.
This increase is to cover the heightened grant activity and the opportunity losses related to investment earnings.
RECOMMENDATION: That the City Council adopt the Resolution No. 23 -71 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AUTHORIZING A FIDUCIARY SERVICES
AGREEMENT WITH THE LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREAS (LA HIDTA) PROGRAM ”, authorizing the City Manager to execute grants secured for LA HIDTA operations to be awarded in the name of the City of La Verne and appropriate $260,000 of expenses to the Fiscal Year 2023 -24 Budget within the LA HIDTA fund for the remainder of the fiscal year and $15,000 of revenue within the General Fund.
6. ADOPTION OF ORDINANCE NO. 1120, ESTABLISHING A PRE-ANNEXATION ZONING
DESIGNATION FROM THE LOS ANGELES COUNTY ZONING AND ADOPTING T HE P
R3D ZONING FOR 406 BASELINE ROAD IN THE CITY OF LA VERNE - The City Council at
its meeting of October 2, 2023, approved the first reading of Ordinance No. 1120, establishing a pre- annexation zoning designation from the County of Los Angeles Zoni ng and adopt
ing PR3D zoning for 406 Baseline Road in the City of La Verne.
RE
COMMENDATION: That the City Council adopt 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 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.”
7. ADOPTION OF ORDINANCE NO. 1121, ADDING DIVIS ION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF THE LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF TRANSPORTATION FACILITIES - The City Council at its meeting of October 2, 2023, approved the first reading of Ordinance No. 1121, adding Division IV of Title 12 (Transportation Facilities) to the La Verne Municipal Code regarding obstruction of Transportation Facilities.
RECOMMENDATION: That the City Council adopt Ordinance No. 1121, titled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNT Y OF LOS ANGELES, STATE OF CALIFORNIA, ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF THE LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF TRANSPORTATION FACILITIES.”
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 5
OTHER MATTERS
8. RESOLUTIONS 23-72, 23-73 AND 23- 74 CALLING, CONSOLIDATING, AND ADOPTING REGULATIONS FOR CANDIDATES FOR THE MARCH 5, 2024, LA VERNE GENERAL MUNICIPAL ELECTION - This item calls, consolidates with the County of Los Angeles, and adopts regulations for candidates for the La Verne General Municipal Election to be held on March 5, 2024, for the Statewide Primary Election.
RECOMMENDATION: That the City Council adopt the following Resolutions for conducting the City of La Verne’s General Municipal Election to be held on Tuesday, March 5, 2024:
a. Resolution No. 23– 72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS A S REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
b. Resolution No. 23- 73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGEL ES T
O CONSOLIDATE THE CITY OF LA VERNE’S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD TUESDAY, MARCH 5, 2024, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE AND
TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION .
c. Resolution No. 23- 74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES F OR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HE
LD ON TUESDAY, MARCH 5, 2024.
1. CHRISTMAS PARADE ROUTE DESIGNATION AND AUTHORIZATION OF DOUBLE OVERTIME PAYMENTS - For the past 98 years, the City of La Verne has hosted the Christmas Morning event in which Santa has driven through the streets of La Ver ne ac
companied by emergency vehicles, signaling a time for neighbors to share the tidings of the season together. To facilitate this event, the City Council is asked to approve designating a
ll streets as a parade route and authorize double overtime for eligible participating City staff.
RECOMMENDATION: That the City Council designate the streets in the City of La Verne as a parade route on Monday, December 25, 2023, from 7:00 a.m. through 2:00 p.m. to complete the Christmas Morning Parade program and authorize the payment of double overtime to eligible participating City staff.
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 6
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 not 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:
a. 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
b. Consultation with Legal Counsel pursuant to California Government Code Section 54956.9. re: pending litigation, City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., No. 2:23-cv-03230-RMG.
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, NOVEMBER 6, 2023, at 5:30 P.M.
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 7
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, October 17 – Tri-City Mental Health Community Forum: 5:30 PM @ La Verne Community Center
Wednesday, October 18 – Senior Advisory Committee Meeting: 10:00 AM @ La Verne Community Center
Wednesday, October 18 – Taste of La Verne Food Festival: 5:30 PM @ Brackett Field Airport
Thursday, October 19 – Pink Patch Project City of Hope Fundraiser: 4:00 PM @ Mi Ranchito (1437 West Foothill Boulevard)
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 – Pink Patch Project City of Hope Fundraiser: 4:00 PM @ Panera (2315 Foothill Boulevard)
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 October 10, 2023, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
1 City Council Agenda Packet, Monday, October 16, 2023
Agenda 2
Agenda Items
1. City Council Minutes 9
2. Register of Audited Demands 19
3. Award for Outfitting Four Police Interceptors 23
4. Support for Local Democracy, Reso. 23-70 37
5. Fiduciary Services Agreement with LA HIDTA,
Reso. 23-71 41
6. Pre-Annexation Zoning Designation, 406 Baseline
Road, Ord. 1120 53
7. Division IV of Title 12 to La Verne Municipal Code
Regarding Obstruction of Transportation Facilities,
Ord. 1121 61
8. Calling the 2024 General Election, Resos. 23-72
to 23-74 67
9. Christmas Parade Route Designation and Double
Overtime Approval 79
Monday, October 16, 2023
LA Impact & LA HIDTA Study Session at 5:30 p.m.
Regular City Council Meeting 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 publicviewing.
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 can turn your video on when called upon.
Call into the meeting via phone 1-669-900-6833 and enter ID: 899 8525 8387 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 Regular Meetings of October 16, 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 LA IMPACT AND LA HIDTA AGREEMENTS
The C
ity 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 Russell Lindquist; Marine, Master Gunnery Sgt. (E-9).
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
PRESENTATION BY ASSEMBLYMEMBER HOLDEN regarding State appropriation for Las Flores Park and Aquatic Center improvements.
RED RIBBON WEEK PROCLAMATION proclaiming the week of October 23- 31, 2023 as Red Ribbon Week encouraging 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.
DOMESTIC VIOLENCE AWARNESS MONTH PROCLAMATION proclaiming the Month of October 2023 as Domestic Violence Awareness Month calling upon every resident to change the social norms that permit domestic violence, provide meaningful support of survivors, and express gratitude to those working diligently on prevention and response efforts.
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 3
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.)
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
1. CI
TY COUNCIL MINUTES of the study session and regular City Council meetings of October 2, 2023.
RE
COMMENDATION: That the City Council approve the minutes.
2. REGISTER OF AUDITED DEMANDS for the following:
Fiscal Year 2023-24 – In the amount of $363,671.82 dated September 27, 2023.
RECOMMENDATION: That the City Councill approve the Register of Audited Demands.
3. AWARD TO HIGH STANDARD AUTOMOTIVE, LLC, FOR OUTFITTING OF FO UR PO
LICE INTERCEPTORS - This action will award a purchase order to High Standar d A
utomotive, LLC, in the amount of $79,926.87 for Police patrol vehicle outfitting (lighting package, internal equipment, radio/video interchange) and decommissioning of police units being replaced.
RECOMMENDATION: That the City Council award a purchase order to High Standard Automotive LLC, in the amount of $79,926.87 for outfitting of four Police vehicles.
4. RESOLUTION 23 -70, EXPRESSING SUPPORT FOR ACTIONS TO FURTHER
STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES - California Cities for Local Control, a coalition o f
c
ities and elected officials, contacted the City Council to request support to protect local authority over zoning and housing matters due to concerns about the impact of state- level housing legislation usurping local government authority. At the September 18, 2023, City Council meeting, Mayor Pro Tem Lau requested and received support to have a support resolution added to the agenda for consideration.
RE
COMMENDATION: That the City Council adopt Resolution No. 23- 70, titled, “A
RESOLUTION OF T HE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO
FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES.”
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 4
5. RESOLUTION 23-71 APPROVING FIDUCIARY SERVICES AGREEMENT WITH THE LOS A
NGELES HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (LA HIDTA) - In M
ay 2022, the City Council approved the existing Fiduciary Services agreement with the Los Angeles High Intensity Drug Trafficking Areas (LA HIDTA) Program. This revised agreement increases the fee payable to the City by $15,000, for a total amount of $165,000 annually.
This increase is to cover the heightened grant activity and the opportunity losses related to investment earnings.
RECOMMENDATION: That the City Council adopt the Resolution No. 23 -71 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AUTHORIZING A FIDUCIARY SERVICES
AGREEMENT WITH THE LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREAS (LA HIDTA) PROGRAM ”, authorizing the City Manager to execute grants secured for LA HIDTA operations to be awarded in the name of the City of La Verne and appropriate $260,000 of expenses to the Fiscal Year 2023 -24 Budget within the LA HIDTA fund for the remainder of the fiscal year and $15,000 of revenue within the General Fund.
6. ADOPTION OF ORDINANCE NO. 1120, ESTABLISHING A PRE-ANNEXATION ZONING
DESIGNATION FROM THE LOS ANGELES COUNTY ZONING AND ADOPTING T HE P
R3D ZONING FOR 406 BASELINE ROAD IN THE CITY OF LA VERNE - The City Council at
its meeting of October 2, 2023, approved the first reading of Ordinance No. 1120, establishing a pre- annexation zoning designation from the County of Los Angeles Zoni ng and adopt
ing PR3D zoning for 406 Baseline Road in the City of La Verne.
RE
COMMENDATION: That the City Council adopt 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 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.”
7. ADOPTION OF ORDINANCE NO. 1121, ADDING DIVIS ION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF THE LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF TRANSPORTATION FACILITIES - The City Council at its meeting of October 2, 2023, approved the first reading of Ordinance No. 1121, adding Division IV of Title 12 (Transportation Facilities) to the La Verne Municipal Code regarding obstruction of Transportation Facilities.
RECOMMENDATION: That the City Council adopt Ordinance No. 1121, titled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNT Y OF LOS ANGELES, STATE OF CALIFORNIA, ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF THE LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF TRANSPORTATION FACILITIES.”
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 5
OTHER MATTERS
8. RESOLUTIONS 23-72, 23-73 AND 23- 74 CALLING, CONSOLIDATING, AND ADOPTING REGULATIONS FOR CANDIDATES FOR THE MARCH 5, 2024, LA VERNE GENERAL MUNICIPAL ELECTION - This item calls, consolidates with the County of Los Angeles, and adopts regulations for candidates for the La Verne General Municipal Election to be held on March 5, 2024, for the Statewide Primary Election.
RECOMMENDATION: That the City Council adopt the following Resolutions for conducting the City of La Verne’s General Municipal Election to be held on Tuesday, March 5, 2024:
a. Resolution No. 23– 72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS A S REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
b. Resolution No. 23- 73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGEL ES T
O CONSOLIDATE THE CITY OF LA VERNE’S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD TUESDAY, MARCH 5, 2024, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE AND
TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION .
c. Resolution No. 23- 74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES F OR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HE
LD ON TUESDAY, MARCH 5, 2024.
1. CHRISTMAS PARADE ROUTE DESIGNATION AND AUTHORIZATION OF DOUBLE OVERTIME PAYMENTS - For the past 98 years, the City of La Verne has hosted the Christmas Morning event in which Santa has driven through the streets of La Ver ne ac
companied by emergency vehicles, signaling a time for neighbors to share the tidings of the season together. To facilitate this event, the City Council is asked to approve designating a
ll streets as a parade route and authorize double overtime for eligible participating City staff.
RECOMMENDATION: That the City Council designate the streets in the City of La Verne as a parade route on Monday, December 25, 2023, from 7:00 a.m. through 2:00 p.m. to complete the Christmas Morning Parade program and authorize the payment of double overtime to eligible participating City staff.
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 6 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 not 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:
a. 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
b. Consultation with Legal Counsel pursuant to California Government Code Section 54956.9. re: pending litigation, City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., No. 2:23-cv-03230-RMG.
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, NOVEMBER 6, 2023, at 5:30 P.M.
AGENDA, La Verne City Council Study Session and Regular Meetings of October 16, 2023, Page 7
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, October 17 – Tri-City Mental Health Community Forum: 5:30 PM @ La Verne Community Center
Wednesday, October 18 – Senior Advisory Committee Meeting: 10:00 AM @ La Verne Community Center
Wednesday, October 18 – Taste of La Verne Food Festival: 5:30 PM @ Brackett Field Airport
Thursday, October 19 – Pink Patch Project City of Hope Fundraiser: 4:00 PM @ Mi Ranchito (1437 West Foothill Boulevard)
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 – Pink Patch Project City of Hope Fundraiser: 4:00 PM @ Panera (2315 Foothill Boulevard)
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
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Posting Statement: A true copy of this Agenda was posted on October 10, 2023, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
MINUTES OF
THE STUDY SESSION AND REGULAR MEETINGS
OF THE LA VERNE CITY COUNCIL
Monday, October 2, 2023
________________________________________________
A Study Session on the Landscape and Lighting Districts 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 Mesh “Kash” Kashifalghita
Absent: None.
Staff present: City Manager Ken Domer
Assistant City Manager JR Ranells
City Attorney Kimberly Hall Barlow
Public Works Director Meg McWade
City Engineer Cody Howing
STUDY SESSION ON
LANDSCAPING AND
LIGHTING DISTRICTS
City Engineer Howing reported on the Landscaping and Lighting Districts (LLMDs) in the City of La Verne along with a presentation. He explained what a LLMD is, why the districts were formed, their benefits, and the levy of assessments. He explained that the costs of contractual services and utilities continue to rise, outpacing revenue received from some of the assessments. Currently, General Fund revenue and reserves are used to make up the difference not covered by the assessment revenue. He reviewed options such as cutting services, increasing the assessment, and putting in Consumer Price Index (CPI) inflators that would require a Proposition 218 ballot process.
After City Council discussion on the matter, Mayor Hepburn called for public comment on the LLMDs.
Bill Henley, La Verne resident, asked what type of sprinkler system does the City use?
After further discussion by City Council, it was agreed that further information was needed to evaluate and develop specific options and how to address the problem, especially for the next fiscal year’s budget.
Additional information and public outreach are needed prior to the City Council providing further direction.
The City Council recessed at 6:28 p.m. and reconvened at 6:37 p.m. to the regularly scheduled City Council meeting.
October 16 City Council Meeting Agenda Packet
9 A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:37 p.m.
Before the start of the meeting, Mayor Hepburn welcomed the audience to the Council Meeting in which City business is conducted. He reminded everyone that per the City’s Rules for Decorum, all speakers, members of the audience, and Council Members are to conduct themselves with decorum and to not engage in conduct that interrupts the orderly conduct of the meeting.
Council Members Present Mayor Tim Hepburn
Mayor Pro Tem Wendy Lau
Council Member Rick Crosby
Council Member Steve Johnson
Council Member Mesh “Kash” Kashifalghita
Staff Present City Manager Ken Domer
Assistant City Manager JR Ranells
City Attorney Kimberly Hall Barlow
Assistant City Clerk Lupe Gaeta Estrella
Acting Police Chief Sam Gonzalez
Community Development Director Eric Scherer
Public Works Director Meg McWade
Finance Director Christy Lopez
Community Services Director Yvonne Duran
City Engineer Cody Howing
Police Lieutenant Chris Dransfeldt
Police Lieutenant Cory Leeper
Principal Planner Candice Bowcock
Pledge of Allegiance led by Matthew Jackson; Army National Guard; Major
Mayor Hepburn, on behalf of the City Council, presented to Matthew Jackson, Army National Guard, Major a Pride of La Verne Certificate of Recognition thanking him for his service to our country.
PRESENTATIONS
Recognition of Kenadie Kelly
Mayor Hepburn, on behalf of the City Council, recognized Kenadie Kelly a 13-year-old student at Ramona Middle School 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 K-9 Police Foundation. A Certificate of Recognition was presented to Kenadie for her community service and donations.
Pink Patch Presentation Holile Savage, Police Community Services Supervisor reported on the La Verne Police Department PINK PATCH fundraiser project for Breast Cancer Awareness Month along with a presentation.
October 16 City Council Meeting Agenda Packet
10 ANNOUNCEMENTS
Andy Glaze, President of the La Verne Fire Fighters’ Association announced they are selling t-shirts to raise funds for Breast Cancer Awareness Month.
Sherry Best, La Verne Historical Society President, announced they won the La Verne/San Dimas Sor optimist Trivia Competition . She also reported on their upcoming events.
Yvonne Gallegos, La Verne resident and member of the Cultural Awareness and Social Inclusion (CASI) Committee announced that CASI’s next meeting is on Wednesday, October 4, 2023, at Hillcrest and that they will be holding another La Verne Beautification Day.
Mayor Hepburn announced that the 4th annual Vendor Fair will be on October 7, at Heritage Park, and that on October 14, 2023, the City will be holding their annual Trunk-or-Treat event at City Hall.
City Attorney Hall Barlow announced that at the September 18, 2023, special meeting closed session, it was moved by Crosby, seconded by Kashifalghita, and unanimously carried for the City of La Verne to join as a party plaintiff with various Los Angeles County Cities to file suit against the Los Angeles Superior Court to block the implementation of the 2023 Zero Cash Bail policy.
CONSENT CALENDAR It was moved by Kashifalghita, seconded by Johnson, and unanimously carried to approve the Consent Calendar, except for Item No. 7, Proclamation and Certificate Policy which was pulled for further discussion.
City Council Minutes City Council Minutes of the study session and regular City Council meetings of September 18, 2023.
Recommendation: That the City Council approve the minutes.
Approved.
Register of Audited Demands 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 Council approve the Register of Audited Demands. Approved.
Request for Red Ribbon
2023 Proclamation
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 16th City Council meeting.
October 16 City Council Meeting Agenda Packet
11 RECOMMENDATION: That the City Council approve the Red Ribbon Week Proclamation to be presented at the October 16, 2023, City Council meeting. Approved.
Declaration of Surplus Public
Works Equipment
DECLARATION OF SURPLUS PUBLIC WORKS PROPERTY - 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. Approved.
Agreement with Merrimac
Petroleum for Fuel Delivery
Service
AUTHORIZE AGREEMENT WITH MERRIMAC PETROLEUM, INC.,
DBA MERRIMAC ENERGY GROUP, FOR FUEL DELIVERY
SERVICES - This item requested 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.
Approved.
City of La Verne Investment
Policy for Public Funds
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, as well as 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.” Approved.
Proclamation and Certificate
Recognition
Proclamation and Certifiate of Recognition Policy was pulled by Mr.
Stephen Ward, La Verne resident. He requested further discussion on the policy. He was concerned that proclamations supported by the community would no longer be recognized.
City Manager Domer stated that the policy is the same model of what other cities use and that proclamations and certificates supported by the community would be recognized. The City Attorney agreed the policy left discretion with the City Council.
October 16 City Council Meeting Agenda Packet
12 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 processing requests for honorary proclamations and certificates from the community.
It was moved by Johnson, seconded by Crosby, and unanimously carried to approve the Proclamation and Certificate of Recognition Policy.
At 7:19 p.m., the La Verne City Council recessed to meet as the La Verne Public Financing Authority and reconvened at 7:23 p.m. to the regularly scheduled Council meeting.
PUBLIC HEARINGS
406 Baseline Road
Annexation from County of
Los Angeles and Ordinance
Establishing Zoning
Designation
Principal Planner Bowcock reported on 406 Baseline Road Annexation from County of Los Angeles and the proposed Ordinance No. 1120, establishing pre-annexation zoning designation from the County of Los Angels. She reported that 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. In conjunction with the annexation, 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. It was recommended that the annexation be approved 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.
Mayor Hepburn opened the public hearing and called for public comment on this proposed annexation.
Bill Henley, La Verne/County resident, stated he was in favor of the annexation. He also stated he was concerned with traffic safety issues on Baseline Road.
After discussion by Council, they were all in favor of the annexation.
Council was also concerned with the traffic safety issues on Baseline Road and that the staff was working with Caltrans and other entitles to address the issue.
October 16 City Council Meeting Agenda Packet
13 Resolution No. 23-68,
Approving Annexation of 406
Baseline Road into the City
of La Verne
It was moved by Crosby, seconded by Kashifalghita to 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
Ordinance No. 1120,
Establishing a Pre-
Annexation Zoning
Designation and adopting
Zoning for 406 Baseline
Road, La Verne
To 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 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.
OTHER MATTERS
Military Equipment Loan to
Sierra Madre Police
Department pursuant to
Assembly Bill 481
Cory Leeper, La Verne Police Lieutenant, reported on the request by Sierra Madre Police Department for a loan of equipment per Assembly Bill 481 pertaining to military equipment. He stated the La Verne 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 request for the loan of Colt Rifles by Sierra Madre Police Department follows the procedures outlined in Assembly Bill 481 (AB 481) Military Equipment regarding loaning equipment between police agencies.
Mayor Hepburn called for public comment on this matter.
There was none.
It was moved by Kashifalghita, seconded by Lau, and unanimously carried to 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.
October 16 City Council Meeting Agenda Packet
14 Award of Contract for Las
Flores Park Aquatic Center
Pool Decking and Plaster
Improvement Project
Award of contract for Las Flores Park Aquatic Center improvement project - Mayor Pro Tem Lau recused herself from his matter because she is on the University of La Verne Board of Trustees and she left the Council Chambers. The University of La Verne and Bonita Unified School District use the Aquatic Center and they will be equally paying for the improvements.
Cody Howing, City Engineer, reported on the award of contract for the Las Flores Park Aquatic Center pool decking and plaster improvement project. He stated that approval by City Council of 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 City and its Aquatic Center Partners, the University of La Verne and Bonita Unified School District.
Mayor Hepburn called for public comment on this matter.
Danita Beauchamp, La Verne resident, asked about insurance coverage and the cost to the City if damages occurred in the surrounding areas as a result of the construction activity.
Resolution No. 23-69,
Awarding Contract to Waters
Development Inc., for the
Las Flores Aquatic Center
Pool Decking and Plaster
Improvement Project
It was moved by Kashifalghita, seconded by Crosby, and carried by a vote of 4-0 (Lau Recused) to 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) and authorized staff to issue change orders not exceeding 15% of the construction budget for a total possible cost of $1,530,081 and 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.
October 16 City Council Meeting Agenda Packet
15 Ordinance Adding Division
IV of Title 12 Pertaining to
Obstruction of
Transportation Facilities
Chris Dransfeldt, La Verne Police Lieutenant, reported on proposed Ordinance No. 1121, adding Division IV of Title 12 (Transportation Facilities) to the La Verne Municipal Code pertaining to obstruction of transportation facilities. He stated that 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.
Mayor Hepburn called for public comment on this matter.
Gary Hunter, La Verne resident, asked if shopping carts was included in the Ordinance and be removed from transportation facilities.
Danita Beauchamp, La Verne resident, asked who will be enforcing the Ordinance.
Rich Gill, La Verne resident, stated that the bus stop along Foothill Boulevard in San Dimas there is always obstruction of items.
City Attorney Hall Barlow replied that shopping carts are included within the definition of “bulky items. She stated that the City has no jurisdiction or control of the bus stops in the City of San Dimas.
It was moved by Crosby, seconded by Kashifalghita and unanimously approved to waive further reading of Ordinance No. 1121, 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.
PUBLIC COMMENT This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. (Below are only partial public comments, please visit the City’s website to view the
archived Council meeting.)
Mayor Hepburn called for public comment on items not listed on the Agenda.
Danita Beauchamp, La Verne resident, thanked the La Verne City Council for filing suit to block the Zero Bail Policy.
October 16 City Council Meeting Agenda Packet
16 Rich Gill, La Verne resident, asked what the status of the 740 Foothill Blvd, San Dimas project.
Gary Hunter, La Verne resident, asked i f the City would be blocking off Bonita Avenue for the Halloween treat or treaters.
Wayne Perry, La Verne resident, stated that it was difficult to find upcoming City events on the City’s website.
Bill Henley, La Verne/ County resident, thanked the La Ver ne Police for their enforcement pertaining to parking.
Stephen Wiard, La Verne resident, thanked City Council for clarifying the Proclamation and Certificate Policy. He stated Council should revisit the City’s participation in filing suit blocking the Zero Bail policy.
City Manager Domer replied to the questions asked during public comment.
COUNCIL COMMENTS Below are only partial Council comments, please visit the City’s website to view the archived Council meeting.
Council Member Crosby recognized Kenadie Kelly again for her service and donation to animal shelters and the La Verne K-9 foundation. He reminded everyone of the rally on the 740 Foothill Blvd, San Dimas, project at San Dimas Canyon Park on October 14, 2023. He also reported on City’s upcoming events in October.
Council Member Kashifalghita thanked everyone for attending the Council meeting. He spoke about the La Verne Police and Fire fundraising efforts in support of Breast Cancer Awareness Month.
Council Member Johnson stated he understood both sides of the issues pertaining to the Zero Bail policy, but he was in support of the new Zero Bail policy. He sta ted it was important to keep the community safe. He spoke about the Breast Cancer Awareness fundraisers and that discussion about Camp Afflerbaugh was back on the County agenda.
Mayor Pro Tem Lau thanked staff for their awesome presentations on their fundraising efforts for Breast Cancer Awareness. She thanked Finance Director Chrisy Lopez for the City’s I nvestment Policy. She reported that she attended the League of California C ities Conference and she also reported on upcoming events in October.
Mayor Hepburn stated that the Zero Bail Policy needs to be stopped. He reported on the Taste of La Verne event to be held on October 18, 2023.
He reported he attended “Coffee with a Cop”. He announced there is a new Deputy Chief in the Los Angeles County Probation Department. He also spoke about Camp Aff lerbaugh and as well as thanked Finance Director Lopez for the investment policy update.
October 16 City Council Meeting Agenda Packet
17 CLOSED SESSION At 8:38 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.
Adjournment at 9:01 p.m.
Respectfully submitted,
Lupe Gaeta Estrella
Assistant City Clerk
October 16 City Council Meeting Agenda Packet
18 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
9/27t2023
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVTEWED 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 DESCzuPTION
l.
2. 3.
4. 5.
6. 7.
8. 9.
10. PAYROLL 9/03/23 TO 9^6t2023 (LA HIDTA)
TREE MAINTENANCE 8/I6i23 TO 8/3I/23
SEPTEMBER 2023 SERVICE CONTRACT (LA HIDTA)
$ 342,604.97
DEMANDS OF S2I,066.85 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 CHzuSTY LOPEZ, MPA
FINANCE DIRECTOR
82.147.53
37,718.4s
16.852.33
14,952.25
14.326.97
13,907.08
I 1,000 00
t0,166.67
9,606.54
8,937. s0
122,989.65
STRATEGIC CONTRACTING SERVICES
WEST COAST ARBOzuSTS, INC.
BASS, ROGER
INLAND VALLEY HUMANE SOCIETY
OWSLEY ENTERPRISES, LLC
LIBERTY COASTAL LLC
TYNES, MICHAEL W
CORDRAY ENTERPzuSES LLC
SOUTHLAND MECHANICAL, NC,
DEROLA,N VENTURES LLC
OTHER DEMANDS
ANIMAL AND CARE CONTROL SERVICES FOR AUGUST 2023
SEPTEMBER 2023 SERVICE CONTRACT (LA HIDTA)
SEPTEMBER 2023 SERVICE CONTRACT (LA HIDTA)
SEPTEMBER 2023 SERVICE CONTRACT (LA HIDTA)
SEPTEMBER 2023 SERVICE CONTRACT (LA HIDTA)
HVAC GAS ELECTzuC PACKAGE UNIT FOR FS2
SEPTEMBER 2023 SERVICE CONTRACT (LA HIDTA)
October 16 City Council Meeting Agenda Packet
19 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO AMOUNT ISSUED TO
FY 2023-24
9t27t2023
l66l 3 I
166132
166133
r66134
166135
r66136
166137
1661 38
166139
166140
16614t
166t42
166143
166144
166145
166146
166141
166r48
166t49
t66150
I 6615 I
166152
166153
t66154
r66155
166156
166157
166r58
t66159
166160
166t61
166162
r66r63
t66164
166165
166166
166167
166168
166t69
t66t70
t66t71
166172
t66t73
166t74
166175
166t76
166t77
166t78
166t79
166180
l66l 8 I
r66182
166r83
t66t84
166r85
166186
166187
166188
166189
r66r90
EFT
EFT
I 78.88
270.00
1,547.00
225.00
150.00
42.50 352.06
r 00.00
7,268.78
3,t'74.21
695.00
l 2s.00
l00l .5
217.84
450.05
2,242.20
l 15.00
2,500.00
605.9 I
47.00 1,423.42
20t.r8
689.20
300.00
2,070.72
386.98
I, I 44.50
14,952.25
270.00
2,591.80
324.13
1,000.00
100.00
205.8 I
4,643.00
143.00
1,095.00
1,405.00
287.00
379.61
2t9.59
4,249.00
165,00
82.30 13.78
9,606.54
1,675.00
2,603.24
270.00
187.51
8l .90
4,000.00
486.l'',t
I t2.19
I,925.00
20.86 2,738.22
4,289.46
3,923.t9
2,412.78
3,969.87
I,404.14
ARROW TRAILER SUPPLIES, INC.
MICHAEL BENTZ
BLUE SHIELD OF CALIFORNIA
CALIFORNIA PEST MANAGEMENT,INC.
CALIFORNIA PRESERVATION FOUNDATION
CENTER WALLCOVERING & PAINTINC
CHARTER COMMLTNICATIONS
CHRISTINE FLORES
CMC RESCUE INC.
CPAC,INC.
CPRS
CSMFO
EAGLE ENGRAVING, INC.
EGGE, JENNIFER
FACTORY MOTOR PARTS
FAILSAFE TESTING, LLC
FERNANDO ROBLES
FOSTER & FOSTER, INC.
FRONTIER C OMMLTNICATIONS
GAIL SMITH
GORM,INC.
GRACIANO, MARK
HIGHLAND CONVERTING LLC
HINDERLITER, DE LLAMAS & ASSOCIATES
HOLLIDAY ROCK CO.
HUNTINGTON HARDWARE CO.
INLAND EMPIRE STAGES, LTD.
INLAND VALLEY HUMANE SOCIETY
JACQUES, MICHAEL
KAISER FOI.INDATION HEALTH PLAN
KYOCERA DOCUMENT SOLUTIONS WEST LLC
LA VERNE POLICE DEPARTMENT
LAUREN STEINKE
LIFE.ASSIST
LOS ANGELES COUNTY FIRE DEPT.
MARK KHACHATOORIAN
MCLAY SERVICES, INC.
OPTUMCARE MANAGEMENT LLC
FERGUSON ENTERPRISES LLC #3325
PVHMC FOTINDATION
INTERSTATE BILLING SERVICE INC
RUVALCABA, BERNICE
SANDERS LOCK & KEY
SCHERER, ERIC
SO CAL GAS CO
SOUTHLAND MECHANICAL, INC.
SOUTHWEST LIFT & EQUIPMENT, INC.
TEC EQUIPMENT
THOMPSON, CORY
TRILOGY MEDWASTE WEST, LLC
TURF STAR, INC,
UCLA CENTER FOR PREHOSPITAL CARE
UNITEDHEALTHCARE
TINITED SITE SERVICES OF CA, INC,
LTNITEDHEALTHCARE OF CALIFORNIA, INC
UPS
VERIZON WIRELESS
WAGEWORKS,INC.
WAXIE SANITARY SUPPLY
WELLS FARGO VENDOR FINANCIAL SVCS
ALL STATE POLICE EQUIPMENT CO.
AMAZON CAPITAL SRVC . LVPD
Page2of 3
October 16 City Council Meeting Agenda Packet
20 CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO, AMOI.INT ISSUED TO
FY 2023-24
9t2'7t2023
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
EFT
EFT
566.69
3,400.00
4,862.13
983.40
1,242.96
4,427.11
1,085.52
639.74
87.74 31 I .33
4,675.00
65.25 198.00
5,376.29
1,243.62
2,099.16
76.96 37,718.45
5,882.77
10,166.67
8,937.50
5,613.50
13,907.08
s,3s5 00
l 1,000.00
14,326.97
16,852.33
82,147.53
AMERICAN GRAPHIC SYSTEMS, INC.
RICHARD ARAGON
BRENNTAG PACIFIC, INC.
COMMERCIAL DOOR COMPANY, INC,
GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC
HAAKER EQUIPMENT CO.
INTERSTATE BATTERY INLAND VALLEY
KRONOS INCORPORATED
L.N. CLTRTIS AND SONS
MARTIN SCHERER ELECTRIC, INC,
POMONA TRUCK & AUTO SUPPLY
RKA CONSULTING GROUP
SALT WORKS, INC.
SHORT LOAD CONCRETE
SKYLINE SAFETY AND SUPPLY
SUPERION, LLC
WEST COAST ARBORISTS, INC.
WITTMAN ENTERPRISES, LLC
CORDRAY ENTERPRISES LLC
DEROIAN VENTURES LLC
CROUND ZERO TEHNOLOGIES LLC
LIBERTY COASTAL LLC
MARLYN PACHECO LLC
TYNES, MICHAEL W
OWSLEY ENTERPRISES, LLC
BASS, ROGER
STRATEGIC CONTRACTING SERVICES
Total LAIMPACT Demands
342,604.97
2l,066.85
Total Demands $ 363,671.82
LAIMPACT Law Enforcement Task Force Demands
t66l9l
166192
166194
MULTIPLE
Total
12,862.8s
I,099.00
1 05.00
7,000.00
$ 21,066.85
BANK OF AMERICA
CHARTER COMMTJNICATIONS
SOUTHLAND SHREDDING, INC.
LAI ENFORCEMENT OPERATIONS
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.
October 16 City Council Meeting Agenda Packet
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October 16 City Council Meeting Agenda Packet
22 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: AWARD TO HIGH STANDARD AUTOMOTIVE, LLC, FOR OUTFITTING OF
FOUR POLICE INTERCEPTORS
SUMMARY
This action will award a purchase order to High Standard Automotive, LLC, in the amount of $79,926.87 for Police patrol vehicle outfitting (lighting package, internal equipment, radio/video interchange) and decommissioning of police units being replaced.
RECOMMENDATION
It is recommended that the City Council award a purchase order to High Standard Automotive LLC, in the amount of $79,926.87 for outfitting of four Police vehicles.
DISCUSSION
The City recently replaced four Police patrol vehicles as part of the standard fleet replacement program. To place the vehicles in service, there is a need to outfit the vehicles with safety equipment such as a lighting package, internal equipment, and radio/video interchange. The Public Works Department, responsible for the City’s fleet replacement program, solicited bids to outfit four new 2023 Police Interceptors as well as decommission the prior units. The project was advertised on September 5, 2023, and September 12th, with sealed bid proposals received and opened on September 19, 2023. Two sealed bids were received. One bid was received from High Standard Automotive, LLC, in the amount of $79,926.87. The second bid from 10-8 Retrofit, Inc. did not include the required bid forms related to order lead times and schedule and as a result was deemed non-responsive.
FISCAL ANALYSIS
There are adequate appropriations in the Fleet Replacement Fund (Fund 624) for this purchase order in the amount of $79,926.87.
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 reviewed and approved this report.
ATTACHMENT
- Bidders Response Packet
Report Prepared By Joe Vieyra, Fleet Manager
October 16 City Council Meeting Agenda Packet
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36 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: RESOLUTION 23 -70 EXPRESSING SUPPORT FOR ACTIONS TO
FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND
CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES
SUMMARY
California Cities for Local Control, a coalition of cities and elected officials, contacted the City Council to request support to protect local authority over zoning and housing matters due to concerns about the impact of state- level housing legislation usurping local government authority. At the September 18, 2023, City Council meeting, Mayor Pro Tem Lau requested and received support to have a support resolution added to the agenda for consideration.
RECOMMENDATION
It is recommended t hat the City Council adopt Resolution No. 23- 70, titled, “A
RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO
FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES.”.
DISCUSSION
The City of La Verne, as with many cities across the Stat e, has experienced a growing concern over the continuous mandating of housing- related legislation proposed and enacted by the State of California. These state- level actions have significantly impacted our City’s ability to exercise control over zoning and housing issues within the community.
The City continues to explore various strategies and measures to safeguard the ability to retain local control over zoning, including collaboration with advocacy groups such as the California League of Cities and advocating to the California Legislature. During the 2023 legislative session, the City of La Verne submitted position letters strongly opposing the following bills related to housing that undermine local control:
• AB 309 – The Social Housing Act.
• AB 1490 – Affordable Housing Development Projects: Adaptive Reuse • SB 4 – Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions.
• SB 423 – Land Use: Streamlined Housing Approvals: Multifamily Housing Developments.
October 16 City Council Meeting Agenda Packet
37 During the September 18, 2023, City Council m eeting, Mayor Pro Tem Wendy Lau requested City staff review the California Cities for Local Control and bring forward a resolution at a forthcoming City Council Meeting. California Cities for Local Control monitors legislation that may impact local control, tracks how elected officials vote on these bills, and produces position letters on behalf of the cities they support. The organization currently has over 600 California elected officials in support of its mission and 81 resolutions of support from cities across California. Cities near La Verne which have passed similar resolutions include San Dimas, Glendora, and Covina. If approved, the Resolution will be forwarded to the California Cities for Local Control.
FISCAL ANALYSIS
Not applicable.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed this report and the attached resolution and approved them as to form.
ATTACHMENTS
1. Resolution No. 23-70
Report Prepared By:
Andrea Blockinger, Administrative Analyst
October 16 City Council Meeting Agenda Packet
38 RESOLUTION NO. 23-70
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO
FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS
RELATED TO LOCAL ZONING AND HOUSING ISSUES
WHEREAS, the legislature of the State of California each year proposes, passes, and submits for the Govern’s approval a number of bills addressing a range of housing issues; and
WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation enacted is successful in bringing about the desired change for the State of California’s housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs a nd differences of jurisdictions throughout the State of California; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for residential properties is a matter of great importance to the City of La Verne among other items related to local zoning and housing issues; and
WHEREAS, the City Council of the City of La Verne feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of State legislation that deprives us of that ability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Verne as follows:
Section 1. The City of La Verne is opposed to the current practice of the legislature of the State of California of continually proposing and passing bills that directly impact and interfere with the ability of cities to control their own destiny through the use of zoning authority that has been granted to them.
Section 2. The City of La Verne will continue to explore various ways to protect the ability of cities to retain local control over zoning as each individual city within the State of California is best suited to determine how the zoning in their city should be allocated to meet the housing needs of the community.
October 16 City Council Meeting Agenda Packet
39 Section 3. The City of La Verne supports the California Citizens for Local Control volunteer organization and its efforts to protect local control for cities.
Section 4. 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 16th day of October 2023.
______________________________
Mayor Tim Hepburn
ATTEST:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23- 70 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
October 16 City Council Meeting Agenda Packet
40 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Mayor and City Council
FROM: Christy Lopez, Finance Director
SUBJECT: FINANCIAL SERVICES AGREEMENT WITH THE LOS ANGELES HIGH
INTENSITY DRUG TRAFFICKING AREAS PROGRAM (LA HIDTA)
____________________________________________________________________________
SUMMARY
In May 2022, the City Council approved the existing Financial Services agreement with the Los Angeles High Intensity Drug Trafficking Areas (LA HIDTA) Program. This revised agreement increases the fee payable to the City by $15,000, for a total amount of $165,000 annually. This increase is to cover the heightened grant activity and the opportunity losses related to investment earnings.
RECOMMENDATION
It is recommended that the City Council:
1. A dopt the Resolution No. 23- 71 titled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AUTHORIZING A FIDUCIARY SERVICES
AGREEMENT WITH THE LOS ANGELES HIGH INTENSITY DRUG
TRAFFICKING AREAS (LA HIDTA) PROGRAM”.
2. Authorize the City Manager to execute grants secured for LA HIDTA operations to be awarded in the name of the City of La Verne.
3. Appropriate $260,000 of expenses to the Fiscal Year 2023- 24 Budget within the LA HIDTA fund for the remainder of the fiscal year and $15,000 of revenue within the General Fund.
DISCUSSION
The Los Angeles High Intensity Drug Trafficking Area (LA HIDTA) Program is a multi- jurisdictional initiative, involving federal, state, and local government agencies. It focuses on combating major drug trafficking and money laundering organizations operating in the LA HIDTA region, which spans 213 miles of coastline and 32,341 square miles, including the four counties of Los Angeles, Orange, Riverside, and San Bernardino, with a population of approximately 18 million. In May 2022, the City assumed fiduciary responsibilities for LA HIDTA.
LA HIDTA's initiatives are funded through Federal grants, with an initial award in 2022 of approximately $6 million granted in the City's name for each grant year, currently the City has been awarded for two grant years. LA HIDTA has requested that the City Council consider adding an additional $900,000, bringing the total to $6,900,000 per grant year, to cover additional activities within the LA HIDTA initiative for the Joint Regional Intelligence Center (JRIC).
October 16 City Council Meeting Agenda Packet
41 The JRIC plays a critical role in collecting, analyzing, and sharing threat intelligence to prevent terrorist attacks and major criminal threats. It serves a vast region encompassing six counties (Los Angeles, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura), nearly 40,000 square miles of territory, 18.5 million residents, and nearly 200 public safety agencies. The additional $900,000 of funding would be designated for salaries and benefits of the JRIC analytical team, who provide data collection, oversight, system management, and analysis for various programs throughout the region.
Under the financial services agreement, the City receives a fee of $150,000, enabling the hiring of an accountant to work on HIDTA activities and assist with general financial duties.
However, it's important to note that the initial contract did not consider the loss of investment earnings incurred when the City maintains cash reserves to cover monthly expenses. This opportunity loss should be factored into the assessment of the venture's benefits. A review of the first year's activity revealed an average monthly cash float of $575,000(see image below) . LA HIDTA r eimburses the City approximately 15- 27 days after each month's close, which corresponds to the average duration when the City has idle cash.
The estimated loss of investment opportunity varies between $17,250 (3%) and $28,750 (5%) annually, as the City maintains an average of $575,000 in unavailable cash for one month during the year. This range in investment income results from the City's recent change in investment policy, which may allow the short -term treasury to earn up to 5%, equivalent to $28,750 per month.
In response to this opportunity loss and the additional grant award, the City and LA HIDTA have mutually agreed to increase the fee for financial services by $15,000, bringing the total to $165,000 per year.
October 16 City Council Meeting Agenda Packet
42 FISCAL ANALYSIS
If approved, an additional $260,000 in appropriations will be required in the FY 2023- 24 Adopted Budget within the LA HIDTA fund to support JRIC operations through the end of the fiscal year. Future appropriations will be addressed during regular budgeting procedures. Additionally, revenues of $15,000 will need to be added to the fiscal year 2023-24 budget within the fiduciary services line item in the General Fund. This adjustment will offset the lost investment opportunity incurred from floating funds for LA HIDTA operations.
ENVIRONMENTAL ANALYSIS
Not applicable
LEGAL REVIEW
This report and the associated documents have been r eviewed and approved by City Attorney.
ATTACHMENTS
1. Resolution 23-71 – LA HIDTA Financial Services Agreement
2. Redline – LA HIDTA Financial Services Agreement
3. Updated – LA HIDTA Financial Services Agreement
October 16 City Council Meeting Agenda Packet
43 RESOLUTION NO. 23-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING A FIDUCIARY SERVICES
AGREEMENT WITH THE LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING
AREAS (LA HIDTA) PROGRAM
BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. That t he Mayor of the City of La Verne is hereby authorized to execute a fiduciary services agreement with Los Angeles High Intensity Drug Trafficking Areas Program (LA HIDTA), as follows with the Agreement attached hereto and made a part hereof by reference as though the same were set forth in full herein.
Section 2. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 16th day of October 2023.
________________________________
Mayor Tim Hepburn
ATTEST:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-71 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16 th day of
October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
October 16 City Council Meeting Agenda Packet
44 October 16 City Council Meeting Agenda Packet
45 October 16 City Council Meeting Agenda Packet
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47 October 16 City Council Meeting Agenda Packet
48 AGREEMENT BETWEEN
THE LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING PROGRAM (HIDTA PROGRAMS)
AND
THE CITY OF LA VERNE FOR
FIDUCIARY SERVICES
This Agreement for fiduciary services ("Agreement") is entered into effective October 16, 2023 between the City of La Verne, a municipal corporation, hereinafter "LA VERNE," and The Los Angeles High Intensity Drug Trafficking Program and its initiatives including, but not limited to, the Office of the Director Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR), Joint Regional Intelligence Center (JRIC), and Southern California Drug Task Force (SCDTF) hereinafter "HIDTA PROGRAMS".
RECITALS
WHEREAS, HIDTA PROGRAMS requires fiduciary services for receiving, maintaining, and expending funds; and
WHEREAS, LA VERNE is willing and able to provide the services required by HIDTA PROGRAMS.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF AGREEMENT. Effective October 16, 2023, LA VERNE will receive federal fu nds on behalf of HIDTA PROGRAMS. LA VERNE and HIDTA PROGRAMS agree to the following:
(a) LA VERNE will receive and deposit, either by check or electronic transaction, federal funds to be used in support of HIDTA PROGRAMS. LA VERNE will ensure all federal funds will be kept in separate accounts or account codes. Funds will not be co- mingled with funds from any other source.
(b) LA VERNE will be the recipie nt of the federal awards (by statutory definition) for Single Audit purposes and bears responsibility for compliance with applicable federal laws and guidelines.
(c) HIDTA PROGRAMS agrees to appropriate and request expenditures in compliance with applicable federal laws. LA VERNE will review HIDTA PROGRAMS requests for compliance concerns.
LA VERNE, in coordination with LA VERNE auditors, will not approve HIDTA PROGRAMS expenditures if those expenditures are concluded to be unallowable under applicable federal laws or guidelines. All accounting practices and internal controls must be in accordance with the Uniform Guidance, 2 CFR 200.303.
(d) Awards received by LA VERNE for HIDTA PROGRAMS supportive services shall be "earmarked" (legally appropriated/budgeted by City Council) for HIDTA PROGRAMS operational expenses. LAVERNE agrees that awards "earmarked" for HIDTA PROGRAMS are specifically intended as fiscal resources to fulfill the missio n and operations of HIDTA PROGRAMS.
October 16 City Council Meeting Agenda Packet
49 (e) Anticipated annual expenditures from the "earmarked" funds shall be appropriated in the LA VERNE annual budget. HIDTA PROGRAMS agrees to supply a detailed annual budget for requested HIDTA PROGRAMS use of these funds before May 1st each year to be included in the LA VERNE annual budget. Budget amendments for unforeseen expenditures will be separately presented to LA VERNE Council or included in LA VERNE's mid -year budget appropriations as deemed appropriate by the LA VERNE Finance Division. Such expenditures will be appropriated by the HIDTA PROGRAMS Board of Directors prior to submission to the LA VERNE Finance Division.
(f) LA VERNE will not pay appropriated expenditures in excess of funds received and recognized as revenue by LA VERNE unless there are available fund balance reserves specifically restricted for HIDTA PROGRAMS activities.
(g) All expenditures in support of HIDT A PROGRAMS shall be approved by HIDTA PROGRAMS Executive Director or designee. LA VERNE will make payments for appropriated purchases or obligation payments as requested and ensure expenditures are in accordance with federal guidelines as well as the procurement policies of LA VERNE.
(h) In the event LA VERNE purchases goods that carry potential liability (such as automobiles), HIDTA PROGRAMS agrees to secure and maintain insurance coverage to cover LA VERNE.
HIDTA PROGRAMS shall consider leases versus purchases to limit LA VERNE's ownership of equipment.
(i) In entering into agreements for the purchase of goods or services, certain implied warranties or guarantees may be established in the normal course of business. HIDTA PROGRAMS agrees to approve the continued obligations under such a situation or take necessary action to settle any created liability.
(j) In the event that there are questioned or disallowed costs, HIDTA PROGRAMS agrees to repay the funds if required by the applicable federal agency, take any and all actions necessary to mitigate the underlying issue going forward, fully participate in any remedial action plan deemed necessary by the LA VERNE Finance Department.
2. SPECIFIC EXCLUSIONS. LA VERNE will not physically handle any cash asset seizures. LA VERNE shall have no obligation to fund any of the debts, expenses, obligations or operations of HIDTA PROGRAMS whether or not described in this Agreement.
3. CITY ALLOCATED SHARE OF FUNDS. It is agreed that LA VERNE will appropriate the sum of $165,000 (One Hundred Sixty Five Thousand Dollars) per year from the above described funds as compensation for LA VERNE fiduciary activities described herein. This appropriation will reduce any fund balance available for HIDTA PROGRAMS purposes at the time the budget is approved.
4. TERM. This Agreement shall remain in effect for an initial term of three (3) years. Should LA VERNE or HIDTA PROGRAMS wish to terminate this agreement a ninety -day notice will be given. Should this agreement be terminated, the parties will cooperate in the transfer of all HIDTA PROGRAMS funds and assets to a replacement fiduciary.
5. CONFIDENTIALITY OF RECORDS. HIDTA PROGRAMS can request certain records be treated as confidential. LA VERNE will retain requested records as confidential except when disclosure is required by law or is necessary for LA VERNE operations including requests made by LA VERNE auditors and discussion by LA VERNE Council in public forums. In the event that October 16 City Council Meeting Agenda Packet
50 HIDTA PROGRAMS instructs LA VERNE to withhold data or documents and that decision is challenged in court, HIDTA PROGRAMS agrees to appear and defend such action and hold LA VERNE harmless from any judgment or award of attorney's fees.
6. INDEMNIFICATION. With respect to its duties hereunder, LA VERNE shall indemnify and save harmless HIDTA PROGRAMS, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of LA IMPACT, and shall defend, indemnify and save harmless HIDTA PROGRAMS, its officers, and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims, resulting from or arising out of the negligent acts, intentional acts, errors or omissions of LA VERNE, its employees or subcontractors.
7. INSURANCE. LA VERNE will maintain in full force and effect during the term of this agreement a policy of insurance, with a $1,000,000 total limit per loss for employee dishonesty, forgery and alteration, theft, disappearance and destruction, robbery and safe burglary, and computer fraud including funds transfer coverage.
8. LA VERNE NOT AGENT. Except as HIDTA PROGRAMS may specify, in writing, LA VERNE, its agents, employees and subcontractors shall have no authority, expressed or implied, to act on behalf of HIDTA PROGRAMS as agents or otherwise, or to bind HIDTA PROGRAMS to any obligation.
9. FAIR EMPLOYMENT PRACTICES. LA VERNE agrees that all persons employed by LA VERNE shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, sexual orientation, gender identity, gender expression, marital status, pregnancy or age in compliance with all antidiscrimin ation laws of the United States of America and the State of California.
10. COMPLIANCE WITH LAWS. LA VERNE agrees to comply with all State and Federal laws, rules and regulations now or hereafter in force pertaining to this Agreement.
11. SEVERABILITY. LA VERNE and HIDTA PROGRAMS agree that the invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.
12. ATTORNEY’S FEES. If any legal action, including an action for declarat ory relief; is brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs of suit in addition to any other relief to which it may be entitled.
13. AUTHORITY TO EXECUT E. LA VERNE acknowledges and represents that the person executing this Agreement on its behalf has the authority to do so. LAHIDTA acknowledges and represents that the person executing this Agreement on its behalf has the authority to do so.
14. NOTICES. Any notice required in this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, addressed as follows:
LA VERNE HIDTA PROGRAMS City Manager Executive Director
October 16 City Council Meeting Agenda Packet
51 City of La Verne 5700 S. Eastern Avenue
3660 “D” Street Commerce CA 90040
La Verne CA 91750-3599
15. CALIFORNIA LAW TO GOVERN. This Agreement is entered into, and shall be construed and interpreted in accordance with the laws of the State of California.
16. ENTIRE AGREEMENT. This Agreement contains the sole and entire agreement and understanding of the Parties with respect to the entire subject matter hereof. No other agreements not specifically contained herein oral or otherwise shall be deemed to exist or to bind any of the Parties hereto.
17. WAIVER MODIFICATION AND AMENDMENT. No provisions may be waived unless the Agreement in writing is signed by all parties. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein.
CITY OF LA VERNE
By:
__________________________
Tim Hepburn, Mayor
Attest:
__________________________
Lupe Gaeta Estrella, Assistant City
Clerk
HIDTA PROGRAMS
By:
_________________________
Executive Director
October 16 City Council Meeting Agenda Packet
52 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manger
SUBJECT: ADOPTION OF ORDINANCE NO. 1120, ESTABLISHING A PRE -
ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING AND ADOPTING THE PR3D ZONING FOR 406 BASELINE ROAD IN
THE CITY OF LA VERNE
__________________________________________________________________________
SUMMARY
The City Council at its meeting of October 2, 2023, approved the first reading of Ordinance No. 11 20, establishing a pre- annexation zoning designation from the County of Los Angeles Zoning and adopting PR3D zoning for 406 Baseline Road in the City of La Verne.
RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 1120 t itled, “ 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 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.”
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. If approved 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 Ordinance was previously introduced by title only, with further reading waived.
FISCAL ANALYSIS
N/A
October 16 City Council Meeting Agenda Packet
53 ENVIRONMENTAL ANALYSIS
The City Council on October 2, 2023, made the determination that Ordinance No. 1120 is in accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines, staff is recommending a Categorical Exemption 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
This agenda report and Ordinance No. 1120 were reviewed and approved by the City Attorney.
ATTACHMENTS
Ordinance No. 1120
October 16 City Council Meeting Agenda Packet
54 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 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, 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 October 16 City Council Meeting Agenda Packet
55 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
October 16 City Council Meeting Agenda Packet
56 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 though 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
October 16 City Council Meeting Agenda Packet
57 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 16
th day of October, 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
October 16 City Council Meeting Agenda Packet
58 EXHIBIT A
Current Los Angeles County Zoning Designation: A-1-15000
October 16 City Council Meeting Agenda Packet
59 Exhibit B
Proposed La Verne Zoning Designation: PR3D
October 16 City Council Meeting Agenda Packet
60 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manger
SUBJECT: ADOPTION OF ORDINANCE NO. 11 21, ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF THE LA VERNE MUNICIPAL CODE
REGARDING OBSTRUCTION OF TRANSPORTATION FACILITIES
SUMMARY
The City Council at its meeting of October 2, 2023, approved the first reading of Ordinance No. 1121, adding Division IV of Title 12 (Transportation Facilities) to the La Verne Municipal Code regarding obstruction of Transportation Facilities.
RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 1121, titled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING DIVISION IV OF TITLE 12 (TRANSPORTATION FACILITIES) OF THE
LA VERNE MUNICIPAL CODE REGARDING OBSTRUCTION OF TRANSPORTATION FACILITIES.”
DISCUSSION
The need to maintain access to public property, and particularly transportation facilities, is increasing 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 Department, 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. After a review of our current municipal codes, it has been determined that transportation facilities lacked similar reasonable regulations as other public areas. The City Council previously introduced, by title only, and waived further reading of Ordinance 1121.
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 associated 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.
October 16 City Council Meeting Agenda Packet
61 ENVIRONMENTAL ANALYSIS
Adoption of this Ordinance 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)).
LEGAL REVIEW
Ordinance No. 1121 was prepared and approved by the City Attorney, who reviewed and approved this report.
ATTACHMENT
Ordinance No. 1121
October 16 City Council Meeting Agenda Packet
62 ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AD DING 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 C ity 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 health 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:
October 16 City Council Meeting Agenda Packet
63 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). Considering 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 October 16 City Council Meeting Agenda Packet
64 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 related 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 16th day of October, 2023.
______________________________________
Tim Hepburn, Mayor
_______________________________
Lupe Gaeta Estrella, Assistant City Clerk
October 16 City Council Meeting Agenda Packet
65 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 16th day of October 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
October 16 City Council Meeting Agenda Packet
66 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Honorable Mayor and City Council
FROM: Lupe Gaeta Estrella, Assistant City Clerk
SUBJECT: CALLING, CONSOLIDATING, AND ADOPTING REGULATIONS FOR CANDIDATES FOR THE MARCH 5, 2024, LA VERNE GENERAL MUNICIPAL
ELECTION
SUMMARY
This item calls, consolidates with the County of Los Angeles, and adopts regulations for candidates for the La Verne General Municipal Election to be held on March 5, 2024, for the Statewide Primary Election.
RECOMMENDATION
It is recommended that the City Council adopt the following Resolutions for conducting the City of La Verne’s General Municipal Election to be held on Tuesday, March 5, 2024:
1. Resolution No. 23–72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. Resolution No. 23 -73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF LA VERNE’S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD TUESDAY, MARCH 5, 2024, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE AND TO RENDER SPECIFIED SERVICES
TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
3. Resolution No. 23 -74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE S TATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024.
DISCUSSION
The City of La Verne’s General Municipal Election is to be held on Tuesday, March 5, 2024. The election will be consolidated with the County of Los Angeles which will be conducting the Statewide Primary Election. The seats open for election are in District 2 and in District 5. Neither district seat has an incumbent as this is the first time the district seats are up for election. Council Member Rick Crosby and Mayor Pro Tem Wendy Lau, whose terms expire with this election, were elected at large in 2020.
October 16 City Council Meeting Agenda Packet
67 Pursuant to the provisions of the laws of the State of California relating to General Law cities, there are procedures, requirements , and actions t hat must be taken by City Council for calling and conducting elections. A resolution calling the election for the specified offices, a resolution requesting the Los Angeles Board of Supervisors to consolidate the City of La Verne’s General Municipal Election with the Statewide Primary Election and to request that the County Registrar of Voters provide specific election services, and a resolution setting forth regulations for candidates’ statements must be adopted by City Council.
The City of La Verne’s General Municipal Elections are scheduled pursuant to Ordinance No. 1108, establishing the date of the City’s General Municipal Election as the date of the statewide primary election of each even- numbered year. Accordingly, t he next City Council election is scheduled for Monday, March 5, 2024.
In December of 2021, the City Council established a five (5) City Council Districts for a by-district election system. The first by-district election was held on June 7, 2022. At that time, three (3) members of the City Council were elected to a four-year term in Districts 1, 3, and 4. At the March 5, 2024, election, voters in Districts 2 and 5 will vote for one (1) Council Member for a four-year term in their respective district, finalizing the City’s transition to by-district elections.
Residents can go to the City’s website at www.cityoflaverne.org/districtmap to view the district
map and locate in which district they reside.
Under a new provision of California law, Section 13307(c) of the California Elections Code permits the governing body of the City of La Verne to authorize the preparation of candidate statements for nonpartisan elective office for the purpose of electronic distribution. Candidates will prepare statements for electronic distribution pursuant to Section 13307(a) of the Elections Code. A statement prepared pursuant to this subdivision shall be posted on the website of the County Elections Official. Pursuant to Section 13307(d) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and ( c) of the Elections Code. The Candidate’s Statement will also be printed in the ballot pamphlet.
The nomination period for the two City Council seats opens on Monday, November 13, 2023, and closes on Friday, December 8, 2023. As there are no incumbents for the two eligible district seats under California law, the nomination period will not be extended.
City Responsibilities
• The Assistant City Clerk is the Election s Official and will only be involved in candidate nomination paperwork filing, receiving of FPPC filings, and publishing of notices. • The City must provide public voting locations as required by the Los Angeles County Registrar of Voters under state law.
• The City’s Elections Official will v isit voting centers and poll workers throughout the day on Election Day to ensure compliance.
• Update the City’s website on Election night with the election results, as they become available. • Serve as a “drop off” location for vote-by-mail ballots. (Ballot box located in front of City Hall)
Election Services by the County of Los Angeles
• Most elements of the election will be administered by the County. • Ballot counting will take place at the County's Registrar of Voter's office, not at City Hall.
October 16 City Council Meeting Agenda Packet
68 • Semi-final results may not be known until days following election and final results may not be certified until the middle of April, 2024. Elected officers may not legally take office until the City receives certification from the County and declares the results in a City Council meeting. • Precinct lists, street indexes, vote-by-mail lists, and maps will be available from the County of Los Angeles, not the City Clerk’s Office.
FISCAL ANALYSIS
The cost of conducting the City of La Verne’s General Municipal Election consolidated with the County of Los Angeles, to include a potential single ballot measure, is estimated to be $200,000.
This amount will also include expenses incurred by the City Clerk’s Office in conducting the election. Funds are appropriated in the 2023-24 Adopted Budget within the General Fund to support this expense.
ENVIRONMENTAL ANALYSIS
No environmental review is required of this item.
LEGAL REVIEW
The City Attorney has reviewed and approved this report and the attached resolutions.
ATTACHMENTS
Resolution No. 23-72 – Calling Election for March 5, 2024 Resolution No. 23-73 – Request to LACO for Consolidation Resolution No. 23-74 – Candidates’ Statements Requirements
October 16 City Council Meeting Agenda Packet
69 RESOLUTION NO. 23-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5 , 202 4,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, March 5, 2024, for the election of Municipal Officers.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF LA VERNE,
STATE OF CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER, AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of La Verne, California, on Tuesday, March 5 , 2024, a General Municipal Election for the purpose of electing t wo (2 ) Members of the City Council for a four -year term each.
Council Member, 2nd District for a four-year term
Council Member, 5th District for a four-year term
Section 2. Pursuant to the provisions of Section 10403 of the Election Code of the State of California, the City Council requests the Registrar Recorder/County Clerk of the County of Los Angeles to conduct the General Municipal Election and to consolidate the City’s election with the statewide election.
Section 3. That the notice of the time and place of holding the election is given and the Assistant City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.
Section 4. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by Elections Code section 10418.
Section 5. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Los Angeles County Registrar/Recorder County Clerk, the City Council in accordance with the Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
Section 6. That the Assistant City Clerk is hereby directed to forward a copy of this Resolution to the Registrar Recorder/County Clerk of the County of Los Angeles.
October 16 City Council Meeting Agenda Packet
70 Section 7. 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 16th day of October 2023.
__________________________________
Tim Hepburn, Mayor
ATTEST:
________________________________
Lupe Gaeta Estrella, City Clerk
I hereby certify that the foregoing Resolution No. 23-72 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16 th day of
October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
October 16 City Council Meeting Agenda Packet
71 RESOLUTION NO. 23-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF LA VERNE’S GENERAL MUNICIPAL E LECTION WITH THE STATEWIDE PRIM ARY ELEC TION TO BE HELD TUESDAY, MARCH 5 , 202 4, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE AND TO
RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A
GENERAL MUNICIPAL ELECTION
WHEREAS, the City Council of the City of La Verne called a General Municipal Election to be held on Tuesday, March 5, 202 4, for the purpose of electing two members of the City Council in districts 2 and 5 for a four year term each.
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Primary Election to be held on the same date, and that within the City, the precincts, voting centers, and election officers of the two elections be the same, and that the County Elections Official canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election;
WHEREAS, California Election s Code Section 10002 authorizes the City to request by resolution that the Board of Supervisors authorize the County Elections Official to conduct specified election services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE , DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California rela ting to g eneral law cities, the City Council has called for a General Municipal Election to be held on Tuesday, March 5, 2024, for the purpose of electing two (2) members to the City Council, for a four year term each, one for Dist rict 2 and one for District 5.
Section 2 . That pursuant to the provisions of Section 10403 of the Elections Code of the State of California, the City Council further requests the Board of Supervisors to consent and agree to the consolidation of the City of La Verne’s General Municipal Election with a S tatewide Primary Election to be held on Tuesday, March 5, 2024, and that the Los Angeles County Registrar Recorder/County Clerk Election Division take all necessary steps to hold a consolidated election.
Section 3. That the Los Angeles County Registrar Recorder/County Clerk Election Division is authorized to canvass the returns of the General Municipal Election.
The election shall be held in all respects as if there were only one election, and only one October 16 City Council Meeting Agenda Packet
72 form of ballot shall be used. The election will be held and conducted in accordance with the provisions of the law regulating the Statewide election, including Elections Code Section 10418.
Section 4. That the Los Angeles County Board of Supervisors is hereby further respectfully requested to place upon the same ballot as that provided for the Statewide General Election to be held in the County of Los Angeles on Tuesday, March 5 , 2024, the names of the candidates for the offices of
Council Member, 2nd District for a four-year term
Council Member, 5th District for a four-year term
Section 5 . That the City of La Verne recognizes that all necessary expenses incurred by the Los Angeles County Registrar Recorder/County Clerk Election Division in performing these services shall be paid by the City of La Verne.
Section 6 . That the Assistant City Clerk is directed to file an original certified copy of this Resolution with the Los Angeles County Board of Supervisors and a copy with the Los Angeles County Elections Official.
Section 7. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16
th day of October 2023.
________________________________
Tim Hepburn, Mayor
ATTEST:
______________________________
Lupe Gaeta Estrella, CMC
Assistant City Clerk
October 16 City Council Meeting Agenda Packet
73 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF LA VERNE )
I hereby certify that the foregoing Resolution No. 2 3-73 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16 th
day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Lupe Gaeta Estrella, CMC
Assistant City Clerk
October 16 City Council Meeting Agenda Packet
74 RESOLUTION NO. 23-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. GENERAL PROVISIONS . That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of La Verne on Tuesday, March 5, 202 4, may prepare a candidate’s statement on an appropriate form provided by t he Assistant City Clerk . The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2. ELECTRONIC DISTRIBUTION. Pursuant to Section 13307(c) of the California Elections Code, the governing body of the City of La Verne authorizes the preparation of candidate statements for nonpartisan elective office for the purpose of electronic distribution. Candidates will prepare statements for electronic distribution pursuant to Section 13307(c)(1) of the Elections Code, if the Los Angeles County Registrar/Recorder permits electronic distribution of a candidate’s statement. If permitted, a statement prepared pursuant to this subdivision shall be posted on the internet website of the County Elections and included in the official voter's pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7. Pursuant to Section 13307(d) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (c) of the Elections Code.
Section 3. FOREIGN LANGUAGE POLICY.
a. Pursuant to the Federal Voting Rights Act, the C ity is required to translate candidate’s statements into Spanish.
b. Pursuant to California Elections Code section 14201, county elections officials must provide a translated facsimile ballot and related instructions in a conspicuous location in precincts where 3% or more of the voting- age residents are members of a single language minority and lack sufficient skills in English to October 16 City Council Meeting Agenda Packet
75 v
ote without assistance. The Secretary of State is required to make these Section 14201 determinations by January 1 of each year in which the governor is elected. If requested by candidate, the candidate’s statement must be translated and printed (in the monolingual voters ’ pamphlet for that target language) in any language that is required to be provided by the County at the candidate’s request.
c. The Assistant City Clerk shall:
1. Translations
E nsure that all candidates ’ statements translated into the language specified in 3.a. above (Spanish).
Ensure that candidate’s statements are translated into the languages as requested by the candidate in 3.b. above.
2. Printing
Print or cause to be printed all translations of all candidates’ statements in the main voter pamphlet – the main voter pamphlet will be in English and Spanish.
Print or cause to be printed translations of candidates who so request printing in the main voter pamphlet – the main voter pamphlet will be in English and Spanish, also containing candidate statement translations if requested by the candidate.
Section 4. PAYMENT.
a. Translations
1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in subsection a. and/or b. of Section 3 above pursuant to Federal and/or State law.
2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is NOT REQUIRED by subsection a. or b. of Section 3 above, pursuant to Federal and/or State law, but which is requested as an option by the candidate.
Printing
1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in subsection a. of Section 3 above, in the main
voter pamphlet.
October 16 City Council Meeting Agenda Packet
76 3. The c
andidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate pursuant to subsection b. of Section 3 above, in the monolingual voters pamphlet for that target language which is separate from the main voter pamphlet.
The Assistant City Clerk or the County Elections Official shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, neither the Assistant City Clerk nor the County elections official is bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost. In the event of underpayment, the assistant clerk or elections official may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the assistant clerk or elections official shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 5. MISCELLANEOUS.
a. All translations shall be provided by professionally -certified translators as provided in Elections Code section 13307b.2.
b. The Assistant City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
Section 6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.
Section 7 . The Assistant City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
Section 8. All previous resolutions establishing City Council policy on payment for candidates are repealed.
Section 9. This resolution shall apply only to the election to be held on March 5, 2024, and shall then be repealed.
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77 Section 10. 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 16th day of October 2023.
____________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 23-74 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16 th day of October
2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Lupe Gaeta Estrella, Assistant City Clerk
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78 City of La Verne, City Council
Agenda Report
DATE: October 16, 2023
TO: Honorable Mayor and City Council
FROM:
Ken Domer, City Manager
Sam Gonzalez, Acting Chief of Police
SUBJECT: CHRISTMAS PARADE ROUTE DESIGNATION AND AUTHORIZATION
OF DOUBLE OVERTIME PAYMENTS
SUMMARY
For the past 98 years, the City of La Verne has hosted the Christmas Morning event in which Santa is driven through the streets of La Verne accompanied by emergency vehicles signaling a time for neighbors to share the tidings of the season together. To facilitate this event, the City Council is asked to approve designating all streets as a parade route and authorize double overtime for eligible participating City staff.
RECOMMENDATION
Staff recommends that the City Council designate the streets in the City of La Verne as a parade route on Monday, December 25, 2023, from 7:00 a.m. through 2:00 p.m. to complete the Christmas Morning Parade program and authorize the payment of double overtime to eligible participating City staff.
DISCUSSION
For nearly a century, the cherished tradition of Santa Claus making his way through the streets of La Verne on Christmas morning has brought joy to residents. In previous years, this event featured the distribution of special goodie bags prepared by C ity staff and dedicated volunteers and distributed by volunteer runners accompanying the different routes throughout the City . Over the years, with growth in the C ity, the event has faced growing challenges and on August 7, 2023, a Study Session was held to discuss the logistics of the event and potential alternative programming. Based on community and City Council discussion, staff was directed to conduct a community survey and schedule a new Study Session to gain direction from the City Council. The community survey was released on August 31
st and received 302 responses by its close on September 17th. The results of the survey and additional community input were shared during the September 18, 2023, Study Session at which time the City Council provided direction to staff for the 2023 Christmas Morning event.
As directed by the City Council, staff is finalizing a Christmas Morning event in line with the traditional six routes of Santa Claus escorted by a vehicle with lights and sirens starting at 7 a.m. to approximately 11 a.m. Goodie bags will not be distributed reducing the pre-event need for volunteers to assemble goodie bags and day-of volunteer runners, thereby reducing the overall length of time for each parade route and potential liability concerns for such activities. The Santa Claus tour troupe for each route will include at October 16 City Council Meeting Agenda Packet
79 least two vehicles : a lead vehicle with lights and sirens not on active duty, a vehicle to transport Santa, and potentially one additional emergency vehicle that is on- duty and subject to immediate response if there is a call for service.
In keeping with tradition, the utilization of emergency vehicles equipped with emergency lights and sirens requires special provisions for legal purposes. To properly conduct the event, the City Council is required to declare all streets within the City during the event as a “parade route.” The Califor nia Vehicle Code governs the utilization of emergency vehicles during this special event, specifically, Section 21055 (b), if the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians . Drivers of vehicles with lights and sirens are trained in such use, as when emergency lights and sirens are employed, drivers must exercise due regard for safety.
California Vehicle Code Section 23116 states that: (a) No person driving a pickup truck or a flatbed motortruck on a highway shall transport any person in or on the back of the truck, and (b) No person shall ride in or on the back of a truck or flatbed motortruck being driven on a highway. However, 23116 (f) clarifies that subdivisions (a) and (b) do not apply if the person in the back of the truck or flatbed motortruck is being transported in a parade that is supervised by a law enforcement agency and the speed of the truck while in the parade does not exceed eight miles per hour. Not only is the safety of other vehicles on the road critical, so is the safety of Santa!
Thus, our long-standing tradition of utilizing emergency vehicles or City -owned vehicles equipped with emergency lights and sirens during the Christmas Morning event necessitates the formal authorization of a designated "Parade Route" by the City Council.
This authorization also allows designated parade vehicles the privilege of utilizing amplified sound, including sirens and lights, exclusively while traversing the parade route, under California Vehicle Code Section 27007, which grants an exemption for the use of such equipment during parades or special events.
Finally, while the City will endeavor to use volunteers to support the logistics of the Christmas Morning event, it is necessary to also have City staff, who would otherwise be provided the holiday off, to work in support of the event. As identified during the two Study Sessions, one of the logistical issues is that in the past, the event has required staff members to work all day, sometimes up to 12 hours, to support the event. With the new concept, it is hoped that the longest commitment will be less than 6 hours. However, it is recognized that the holiday is a family holiday and if positions must be City staff, it is requested that those members be provided double overtime for working the holiday.
FISCAL ANALYSIS
Appropriations of $10,000 have been included in the 2023-24 Adopted Budget within the General Fund for this event. Estimated overtime costs are $3,000; supplies and decorations for vehicles is estimated at $2,000; and, $5,000 is estimated to be used for a city-wide postcard mailer to inform residents about the event changes as well as provide additional information about Christmas tree recycling and holiday trash schedules.
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80 ENVIRONMENTAL ANALYSIS
This item is exempt from review under the California Environmental Quality Act as it can be seen with certainty that it will not have an impact on the environment.
LEGAL REVIEW
The City Attorney has reviewed and approved this report as to form.
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