MINUTES OF A CLOSED SESSION AND REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
Monday, November 20, 2023
Meeting of a closed session of the La Verne City Council was called to order by Mayor Hepburn at 6:00 pm.
Council Members Present Mayor Tim Hepburn
Mayor Pro Tem Wendy Lau
Council Member Rick Crosby (Participated remotely)
Council Member Sleven Frank Johnson
Council Member Meshal "Kash" Kashifalohita
Advisory personnel present City Manager Ken Domer
Assistant City Manager JR Ranells
City Attorney Kimberly Hall Barlow
Gouncil Member Crosby City Attorney Hall Barlow communicated that Council Member Crosby Participation in Council was not in attendance due to illness and that he has reouested to be Meeting permitted to participate remotely.
It was moved by Johnson, seconded by Kashifalghita, and carried by vote of 4-0 (Crosby abstained) to permit Council Member Crosby to participate in the Council meeting remotely. Votes will be conducted by roll call.
CLOSED SESSION The City Council met in a Closed Session for the following:
Consultation with Legal Counsel pursuant to California
Govsrnment Cod€ Soction 54956.9. re: pending litigation, City of Camden, et al., v. 3M Company, et al., USDC Dist. of South Carolina, Charleston Division, No. 2:23-cv-03147-RMG.
Consultation with Legal Counsel pursuant to Galifornia
Government Code Section 54956.9. re: pending litigation, City of Camden, et al., v. E.l. DuPont de Nemours and Company, et al., USDC, Dist. of South Carolina, Charleston Division, No. 2:23-cv- 03230- RMG
Consultation with Legal Counsel pursuant to California
Government Code Soction 54956.9. re: pending litigation, City of Whittier, et al., v. Los Angeles County Superior Court, et al., LASC Case No. 23STCP03579.
City Council Minutes of the Closed Session and Regular Meetings of November 20, 2023, Page 2.
The City Council recessed at 6:25 pm and reconvened at 6:32 pm to the regularly scheduled City Council meeting.
A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:32 pm.
Before the start of the meeting, Mayor Hepburn welcomed the audience tothe 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. Also, he communicated that the City of La Verne will not allow for public comment through Zoom untilfurther notice. lf you wish to provide public comment for a public meeting, please email your comments to citvclerk@citvof laverne.orq prior to the start of the meeting. Public comments will be accepted at the meeting by those physically in attendance at the appropriate time.
Council Members Present Mayor Tim Hepburn
Mayor Pro Tem Wendy Lau
Council Member Rick Crosby (Participated remotely)
Council Member Steven Frank Johnson
Council Member Meshal "Kash" Kashifalghita
Advisorv Staff Present Ken Domer, City Manager
JR Ranells, Assistant City Manager
Kimberly Hall Barlow, City Attorney
Debra Fritz, D€puty City Clerk
Pledge of Allegiance was led by Pete Serrano, Army Specialist, and Purple Heart recipient.
Mayor Hepburn, on behalf of the City Council, presented to Pete Serrano, Army Specialist, and a purple heart recipient, a Pride of La Verne Certificate of Recognition thanking him for his service to our country.
PRESENTATION
Niagara Perk your Park
Announcement
NIAGARA PERK YOUR PARK announcement of the City's Success in the Niagara Bottling Perk Your Park Campaign for Las Flores Park improvements. A $75,000.00 grant was awarded to the City for ADA compliance and upgrades to the southern playground adjacent to Roynon Elementary.
City Council Minutes of the Closed Session and Regular Meetings of November 20 , ZOZ3, page 3.
ANNOUNCEMENTS
GONSENT CALENDAR
Citv Council Minutes
Register of Audited Demands
Mayor Hepburn congratulated the boys' varsity water polo team on their winning season.
K. Kalousek, Vice President of La Verne Historical Society, announced the December 16th Vintage sale and Holiday Home Tours, from 12:00 pm to 6:00 pm, tickets are $10, book bags from the Friends of the Library will be provided.
Y. Gallegos announced that CASI and Compassionate La Verne will be hosting a Cultural Festival on December 2"d from 1:00 pm to 5:00 om.
D. Beauchamp reminded everyone to save the date, Saturday, December 16rh for the Wreaths Across America event. La Verne Cemetery will host this event starting at 9:00 am with wreaths being placed immediately afterwards. Wreaths can be ordered online thru wreathsacrossamerica.org. the last day to order online will be Tuesday, November 28th. For additional info, refer to the meeting video.
It was moved by Kash seconded by Johnson and unanimously carried by a roll call vote to approve the Consent Calendar except for ltem 3, Approval of a MOAwith the SGVCOG regarding the East San Gabriel Valley Sustainable Multimodal lmprovements POect, which was pulled by resident Danita Beauchamp and ltem '10, Resolution No. 23-82, directing 2030 Election Ballot Measure for voter consideration of directv elected mayor was pulled by Council Member Johnson.
CITY COUNCIL MINUTES of the special meeting on October 30, 2023, and of the Study Session and regular City Council meetings of November 6, 2023.
RECOMMENDATION: That the City Council approve the minutes.
Approved.
REGISTER OF AUDITED DEMANDS for the following:
Fiscal Year 2023-24 - In the amount of $ 1 ,496,939.29 dated October 25,2023, and in the amount of $1,003,423.24 dated November 1, 2023.
RECOMMENDATION: That the City Councill approve the Register of Audited Demands. Approved.
City Council Minutes of the Closed Session and Regular Meetings of November 20, 2023, Page 4.
Pulled from Consent
Calendar. Approval of
Memorandum of Agreement
with San Gabriel Valley
Council of Governments
Regarding the East San
Gabriel Valley Sustainable
Multimodal lmprovement
Proiect
Renewal of Flock Safety
Agreement for Automated
License Plate Reader
Technology
Resident Danita Beauchamp pulled this item from Consent Calendar, to express her concerns regarding the decisions that are being made on behalf of the La Verne residents at these meetings and where the funds are going. City Manager Domer answered her questions prior to the meeting.
APPROVAL OF A M EMORANDUM OFAGREEMENTWITHTHE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS REGARDING
THE EAST SAN GABRIEL VALLEY SUSTAINABLE MULThIODAL
IMPROVEMENTS PROJECT - The San Gabriel Valley Council d Governments (COG) established the East San Gabriel Valley Sustainable Multimodal lmprovement Project (SMIP) to partially or wholly fund a variety of projects proposed by seven East San Gabriel Valley cities, including La Verne. As a participant in the SMIP, $3 million will be set aside for design and conslruction of the Laverne Pedestrian Bridge. Approval of the proposed Memorandum of Agreement (MOA) with the SGVCOG is required for participation.
Mayor Hepburn commented, he will be bringing more information back with the details of all that the COG does. Such as the grade separation and capital construction projects, and the various decisions being made.
It was moved by Johnson, seconded by Lau, and unanimously carried by roll call vote to approve and authorize the City Managerto execute the Memorandum of Agreement with the San Gabriel Valley Council cf Govemments for the East San Gabriel Valley Sustainable Multimodal lmprovement Project. Additionally, it is recommended the City Council authorize the Cily Manager to execute any documents or amendments related to this ptoject. Approved.
RENEWAL OF FLOCK SAFETY AGREEMENT FOR AUTOMATED
LfCENSE PLATE READER TECHNOLOGY - On July 18,2022, CiV
Council provided the City Manager authority to enter into an annual agreement for two-years with Flock Group, Inc., ("Flock"). The contract total was $63,000 foryear one and $56,000 foryear two. As is common with such subscriptions, Flock has increased their annual subscriotion price. Flock has agreed to maintain our current contract price if the City renews the agreement with a five-year contract prior to the end of the calendar year.
RECOMM ENDATION: That the City Council authorize the City Manager to enter into a five-year contract with Flock Group, lnc., for an annual amount of $56,000, not to exceed $280,000 over the five-year term.
Approvd.
City Council Minutes of the Closed Session and Rsgular Meetings of November 20, 2023, Page 5.
Resolution No. 23-80,
Approving a Class
Specification for Water Utility
Worker l, Water Utility Worker
ll, Water Utility Worker lll,
Lead Water Utility Worker
and Police Corooral
Retainer Agreement
Regarding Per and
Polyf luoroalkyl Substances
(PFAS) Litigation
Amendment to Service
Provider Agreement for Crisis
Assistance Resoonse &
Engagement Program
RESOLUTION 23-80 APPROVING A CLASS SPECIFICATION FOR
WATER UTILITYWORKER I, WATER UTILITYWORKER II,WATER
UTILITY WORKER III, LEAD WATER UTILITY WORKER, AND
POLICE CORPOML - As part of recent negotiations with the La Verne City Employees' Association and the La Verne Police Officen Association, it was agreed to add and/or update new classification titles to accurately reflect position roles and responsibilities.
RECOMMENDATION: That the City Council adopt Resolution No. 23- 80, tit|ed,,A RESOLUTIONOFTHECITYCOUNCILOFTHECITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA"
APPROVING A CLASS SPECIFICATION FOR WATER UTILIW
WORKER I, WATER UTILITY WORKER II, WATER UTILIry WORKER III, LEAD WATER UTILIry WORKER, AND POLICE CORPORAL"
Approved,
RETAINER AGREEMENT REGARDING PER- AND
POLYFLUOROALKYL SUBTITANCES (PFAS) LITIGATION -The City of La Verne has been notified that it is part of a class of water systems which have tested positive for Per- and Polyfluoroalkyl Substances (PFAS). Two proposed settlements in multi-district litigation with manufacturers DuPont and 3M are currently pending. In addition, there are approximately a dozen other manufacturers who are likely liable fo potential PFAS contamination in water wells and groundwater. Staff is recommending retention of specialized counsel to assist with makirE claims in pending lawsuits and representing the City in potential litigation against others.
RECOMMENDATION: That the City Council authorize the City Manager to sign, and the Assistant City Clerk to attest, to a retainer agreement for SL Environmental Law Group PC (SL), the Law Office of Kevin Madonna PLLC (KM), Douglas and London, P.C. (D&L), Taft Stettinius & Hollister, LLP (Taft), and Levin Papantonio Rafferty Proctor Buchanan O'Brien Ban Mougey P.A. (Levin Papantonio) in connection with pending and anticipated PFAS litigation. Approved.
AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR CRISS
ASSISTANCE RESPONSE & ENGAGEMENT PROGRAM . This item
seeks City Council authorization to amend the agreement for participation in the San Gabriel Valley Council of Governmenb (SGVCOG) Crisis Assistance Response & Engagement Program (SGV CARE) to co-respond to mental health crisis situations.
RECOMM ENDATION: That the City Council authorize the City Manager to execute an amended service provider agreement with the San Gabriel Valley Council of Governments for participation in the Crisis Assistance Response & Engagement Program related to an Alternative Response Unit. Approved.
City Council Minutes of the Closed Session and Regular Meetings of November 20, 2023, Page 6.
Adootion of Ordinance No.
1 123, Relative to Curbing
Dog Waste
Nomination for San Gabriel
Basin Water Quality Authority
Pulled From Consent
Calendar, Resolution No. 23-
82, Directing 2030 Election
Ballot Measure for Voter
Consideration of Directly
Elected Mavor
ADOPTION OF ORDINANCE NO. 1123 RELATIVE TO CURBING
DOG WASTE . The City Council at its meeting on November 6,2023, approved the first reading of Ordinance No. 1123, relative to curbing dog waste and setting forth penalties forviolations.
RECOMMENDATION: That the City Council approve Ordinance No. '1123 titled, "AN ORDINANCE OF THE CITY COUNCIL, CITY OF
LAVERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNA
AMENDING CHAPTER6.l6OFTHE MUNICIPALCODE OF THE CITY
OF LA VERNE RELATIVE TO DOG WASTE." Approved.
NOMINATION FOR THE SAN GABRIEL BASIN WATER QUAUW
AUTHORITY - The City of La Verne has been a member of the San Gabriel Basin Water Ouality Authority (WQA) since its establishment in 1993. Every two years, the City Council votes for a nominee who will represent cities without prescriptive water pumping rights. Rosemead Mayor Pro-Tem Margaret Clark currently serves as the alternate on the WQA Board as the member representing cities without prescriptive water pumping rights and has previously been supported by the La Verne City Council during her last few elections to the WQA Board.
RECOMMENDATION: That the City Council adopt Resolution No. 23- 81, "A RESOLUTION OF THE CITY COUNCIL, CIry OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CASTING ITS
VOTES FOR ROSEMEAD MAYOR PRO TEM MARGARET CLARK TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS
ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY
AUTHORITY." Approved.
Council Member Johson oulled this item from the Consent Calendar fd Council's consideration not to adopt the proposed Resolution but to consider a new resolulion directing a 2026 Ballot Measure for Voter consideration of directly elected Mayor since there will be three dishicts on the ballot.
RESOLUTION 23{2 DIRECTING 2O3O ELECTION BAI.I-oT
MEASURE FOR VOTERCONSIDERATION OF DIRECTLY EIfCTED
MAYOR-On November 6, 2O23, the City Council provided unanimous direction to place on the November 20, 2023, agenda a resolution directing that an election ballot measure be placed on the 2030 General Municipal Election to establish a directly elected mayor.
Mayor Hepburn called for public comment.
La Verne resident D. Beauchamp and K. Newlon supported this idea, resident K. Kalousek opposed this idea.
City Council Minutes of the Closed Ssssion and Regular Meetings of November 20, 2023, Page7.
Mayor Hepburn called for Council Comment:
Council Member Kashifalghita questioned the costs.
City Manager Domer clarified the costs and the implementation process involved.
Council Member Johnson commented on the costs in the future.
Mayor Pro-Tem Lau was in favor of leaving the date at 2030.
Council Member Crosby was also in favor of leaving the date at 2030.
Mayor Hepburn was in favor of changing it to 2026.
It was moved by Johnson and seconded by Hepburn to move up the vote for Mayor to the 2026 election cycle. A roll call vote was taken, motion failed 2-3, with Crosby, Lau and Kashifalghita voting no.
It was moved by Lau, and seconded by Crosby, and unanimously carried by roll call vote to adopt Resolution 23-82 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,
COUNW OF LOS ANGELES, STATE OF CALIFORNIA, DIRECTING
STAFF TO BRING FORWARD A BALLOT MEASURE FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO
ESTABLISHING A DIRECTLY ELECTED MAYOR TO BE
DETERMINED IN THE 2O3O GENERAL MUNICIPAL ELECTION."
Approved
OTHER MATTERS
Informational ltem on the INFORMATTONAL ITEM ON THE PROPOSED MIXED-USE Proposed Mixed-Use Project PROJECT AT 1941 WHTTE AVENUE - Novipax Buyer, LLC, has at '1941 white Avenue submitted applications for the proposed development of a five-stcy residential building which will provide a total of 367 dwelling units, a parking structure, and 1,540 square feet of commercial use located at 1941 White Avenue. The project is cunently being reviewed by staff and an environmental consultant contracted by the City.
Mayor Hepburn called for public comment on this matter.
La Verne resident D. Beauchamp questioned the number of low-tncome housing units.
Mayor Hepburn called for Council Comments.
City Council discussed this matter, with clarification from Senior Planner Bowcock regarding the completion of all entitlements and the number d low-income housing units.
City Council Minutes of the Closod Session and Regular Meetings of November 20, 2022, page g.
Approving a Memorandum of
Understanding the La Veme
Police Officers' Association
Resolution No. 23-83
Approving a Memorandum of
Understanding with the
La Verne City Employees'
Association, Resolution No.
23-U
RECOMMENDATION: That the City Council receive and file this project update. Received and flled.
APPROVING A M EMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS'
ASSOCIATION AND AUTHORIZING EXECUTION BY THE CTTY
MANAGER - The Memorandum of Understanding (MOU) with the La Verne Police Officers' Association (LVPOA) expired on June 30, 2023. Based on City Council direction and support of the terms, a tentative agreement has been reached and staff is now seeking formd approval in an open meeUng from the City Council to finalize the MOU.
Council discussed the matter.
Mayor Hepburn called for public comment on this matter.
There was none.
It was moved by Lau and seconded by Kashifalghita and unanimously carried by roll call vote to adopt Resolution NO.23-83, titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTAN DING BETWEEN THE CITY OF LA VERNE AND THE LA
VERNE POLICE OFFICERS'ASSOCIATION THROUGH JUNE 30,
2025:" authorizing the City Manager to execute the Memorandum of Understanding and appropriate $118,000 from the General Fund and appropriate a transfer of $118,000 from Measure LV to the General Fund for the Fiscal Year 2023124 Budoet.
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES'
ASSOCIATION AND AUTHORIZING EXECUTION BY THE CITY
MANAGER.
Council discussed the matter.
Mayor Hepburn called for public comment on this matter.
There was none.
City Council Minutes of the Closed Session and Regular Meetings of November 20, 2023, Page 9.
Adopting Full-Time
Employees Salary Chart
Schedule, Resolution No. 23-
85, and Amending Resolution
No. 2347 Amending the
Part-Time Employee Salary
Chart
PUBLIC COMMENT
It was moved by Lau and seconded by Johnson and approved unanimously by roll call vote to adopt Resolution No. 23-84 titled, "A RESOLUTION OF THE CIry COUNCIL OF THE CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE
LA VERNE CITY EMPLOYEES' ASSOCIATION THROUGH JUNE 30,
2025;" authorizing the City Manager to execute the Memorandum d Understanding with the La Verne City Employees'Association, ano appropriate $99,722 from the General Fund as well as a transfer of $99,722 from Measure LV to the General Fund to the Fiscal year 2023- 24 Adopted Budget; and, appropriate $29,906 from the Water Fund, $1 1,870 from the Sewer Fund, and $3,774 from the Equipment Fund to Fiscal Year 2023-24 Adopted Budget and authorizing the City Manager to execute.
FULL-TIME SALARY SCHEDULE RESOLUTION NO. 23.85
ADOPTING A SALARY CHART FOR FULL.TIME EMPLOYEES.
REPEALING RESOLUTION NO. 23.46, AND AMENDING
RESOLUTION NO.23-47 FOR PART-TIME EMPLOYEES. With the
conclusion of negotiations for labor units, a new full-time employee resolution and amended part-time employee resolution and salary table are required to reflect the adjustments in compensation.
Mayor Hepburn called for public comment on this matter.
There was none.
There was no Council discussion.
It was moved by Johnson and seconded by Hepburn and unanimously carried by roll call vote to adopt Resolution titled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY CHART
FOR FULL-TIME EMPLOYEES, REPEALING RESOLUTION NO. 23.
46, AND AMENDING RESOLUTION NO. 23*47 FOR PART-TIME
EMPLOYEES.'
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.)
City Council Minutes of the Clos€d Session and Regular Meetings of November 20, 2023, page 10.
COUNCIL COMMENTS
Adjournment at 8:'18 p.m.
Mayor Hepburn called for public comment.
La Verne resident D. Beauchamp requested more information be provided on the Veterans who lead the Pledge of Allegiance. She wished Council Member Crosby a speedy recovery and thanked the Council members who nominated her for the Measure LV Committee.
Finance Director Lopez received high praise regarding the information provided to the Committee.
La Verne resident G. Hunter commented on the Chelsea footbridoe needs to be trimmed.
La Verne resident Y. Gallegos comment on the open letter the San Dimas Mayor wrote to his city regarding hate, violence, and discrimination. She would like our mavor to do the same.
Council Member Crosby thanked everyone for their well wishes. He mentioned the Choral singer's participation in Yule Tide on Saturday, December 9rh at 2:00 pm and 7:00 pm.
Council Member Kashifalghita commented on another great meeting.
The Cruising La Verne event was successf ul. He remarked on his participation on the Vector Control Board on which he is now the Vice President.
Council Member Johnson wished everyone a safe Thanksgiving.
Mayor Pro Tem Lau commented on the recent grand openings, French Press and Crumbl Cookies. Veterans Day event participant spoke with her regarding recruiting more women veterans to participate and the various support options available. Also, there is still a shortage of blood, and stem cell donors are needed. A new Code Enforcemenr officer has been hired, Ron D'Alessandro. She wished all a Happy and Safe Thanksgiving and thanked her fellow Council Members for their support of the K-9 Foundation.
Mayor Hepburn commented on the time change and safety concerns, wear bright colors at night, slow down look for kids. Shop local, support La Verne. Wished all a Happy Thanksgiving. Check the website for the local events. Tree lighting will be at 6:00 pm on December 4rh.
Respectfullv submitted..A ' ' t'l
Mihr^ -14,
Debra Fritz u
Deputy City Clerk