MINUTES OF A CLOSED SESSION AND REGULAR MEETING OF THE LA VERNE CITY COUNCIL Monday, December 18, 2023 Meeting of a closed session of the La Verne City Council was called to order by Mayor Hepburn at 5:30 pm.
Council Members Present Mayor Tim Hepburn Mayor Pro Tern Wendy Lau Council Member Steven F. Johnson (Participated remotely) Council Member Rick Crosby Council Member Meshal “Kash’ Kashifalghita Absent None Advisory Staff Present Ken Domer, City Manager (Participated remotely) JR Ranells, Assistant City Manager Kimberly Hall Barlow, City Attorney Council Member Johnson City Attorney Hall Barlow communicated that Council Member Johnson Participation in Council was not in attendance due to illness and that he has requested to be Meeting permitted to participate remotely. It was moved by Crosby, seconded by Lau, and carried by a roll call vote of 4-0 (Johnson recused) to permit Council Member Johnson to participate in the council meeting remotely. Votes throughout the meeting will be conducted by roll call.
Conference with Legal Counsel - Existing Litigation Pursuant to Government Code § 54956.9 (two cases) - City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No. 23STCPO3579, and California Pistol and Rifle Association, Inc., et al. v. Los Angeles County Sheriff’s Department, et al., United States District Court for the Central District of California Case No. 2:23-cv-10169-SPG-ADSX. Public Employee Performance Evaluation - Pursuant to Government Code § 54957(b)(1)- Title: City Manager City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 2.
A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:35 pm. 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. Also, he communicated that the City of La Verne will not allow for public comment through Zoom until further notice. If you wish to provide public comment for the meeting, please email your comments to cityclerk@cityoflaverne.org 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 Council Member Steven F. Johnson (Participated remotely) Council Member Meshal “Kash” Kashifalghita Absent: None Advisory Staff Present JR Ranells, Assistant City Manager Kimberly Hall Barlow, City Attorney Erin Beilstein, Senior Management Analyst Pledge of Allegiance was led by Philip Ramirez, US. Army Spc. 5 (E5) Councilman Kashifalghita, on behalf of the City Council, presented to Philip Ramirez, US. Army Spc. 5 (E-5) a Pride of La Verne Certificate of Recognition thanking him for his service to our country. PRESENTATIONS lNTRODUCTION AND Dr. Mahdavi spoke regarding her commitment to upholding the goals WELCOME TO THE 19TH of higher education, civic engagement, diversity, and inclusivity at the UNIVERSITY OF LA VERNE University of La Verne (ULV). ULV was recently recognized as the top PRESIDENT, DR. PARDIS private university in California for social mobility, ranking 6th amongst MAHDAVI all universities in the state according to US News and World Report's 2024 rankings. She praised the commitment of both staff and students to higher learning and excellence. She highlighted some of the recent celebrations and events at the University including, National First- Generation Day, Veterans Day, and the Heart for Heros Campaign.
City Council Minutes of the Closed & Regular Meetings of December 18. 2023, Page 3.
RECOGNITION OF ASSISTANT CITY CLERK LUPE GAETA ESTRELLA WALK ON RESOLUTION No. 23-89
LVFD STRATEGIC PLAN
Mayor Hepburn on behalf of the City Council presented a proclamation to Mrs. Estrella highlighting her extensive career while working at the City. The Council Members presented her with a retirement gift and a custom street sign. She also received certificates of recognition from US Congresswoman Grace Napolitano, State Senator Susan Rubio, State Senator Anthony Portantino, Three Valleys Water District, and the La Verne Chamber of Commerce. Her proud family was in attendance and presented her with several bouquets of flowers. Public comments - Congratulations were received from Robin Carder, Charlie Rosales, Bob Russi, and Brian Bowcock. A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, NAMING LUPE GAETA ESTRELLA CITY CLERK OF THE CITY OF LA VERNE THROUGH JANUARY 11, 2024. It was moved by Crosby, seconded by Lau, and approved by a roll call vote of 5-0 to allow walk-on Resolution No. 23-89 to be added to the council agenda. ' Resolution No. 23-89 naming Lupe Gaeta Estrella City Clerk of the City of La Verne, effective December 18, 2023, through January 11, 2024. It was moved by Crosby. seconded by Kashifalghita and approved 5-0 by a roll call vote. Council comments - Council Member Crosby thanked Mrs. Estrella for all she has done for La Verne and her warm welcoming demeanor. Council Member Kashifalghita congratulated and thanked her for her knowledge and support, Council Member Johnson also thanked her and spoke of his father’s respect for her. The Johnson family considers her a special friend. Mayor Pro Tem Lau thanked her for her years of service and appreciates her knowledge of City history. Mayor Hepburn expressed he will miss her support, love, and service. Mayor Hepburn called for a 5-minute break for pictures and congratulations. The meeting was reconvened at 7:28 pm.
Fire Chief Chris Nigg presented an overview of the Fire Department’s 5- Year Strategic Plan. This plan aims to ensure the perpetual professionalism and ethics within the Fire Department. Utilizing data from the 2022 Community Risk Analysis, Standards of Coverage, community surveys, and internal priorities, the department prioritized key activities for efficient and effective implementation. The full Strategic Plan can be found on the Fire Department’s website.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 4. ANNOUNCEMENTS
AND UPCOMING COMMUNITY EVENTS
CONSENT CALENDAR
City Council Minutes
Council comments - Council Member Crosby thanked the Chief for all he has done in the past two years, with the addition of the ambulance operators and the Fire Marshal. Council Member Kashifalghita thanked the Chief for the implementation of a plan with direction, and the example the Fire Department sets for explorers and residents. Council Member Johnson thanked Chief Nigg for all he has done for the department, his service and leadership. Mayor Pro Tem Lau commented on bringing the department together, instilling pride and trust and putting together a blueprint forthe department. Mayor Hepburn thanked the Chief for his vision and exemplary job, making changes in the Fire Department, instilling confidence and respect in the department, and getting the automatic aid agreement in place, as well as succession planning.
Library Director George May announced online registration and classes currently available.
La Verne Historical Society President Sherry Best wished all a Happy Holiday and reported on the success of the Vintage Sales event. Ms. Best noted the event included a tour of the VFW Hall and provided a historical overview of the pride of La Verne, Veterans Hall. Friends of the Library, and the Hillcrest Woodworkers group participated in the event also. Resident Luke Melkesian spoke on the issue of human trafficking and an upcoming walk for awareness to be held on January 27, 2024. Resident Gil lvey, Chair of the Cultural Awareness and Social Inclusion Committee, thanked Council for all their support, reported on the recent success of the Cultural Awareness event held at ULV, and announced the change of CASI meetings to the first Tuesday of the month, due to the conflict with the BUSD School Board meetings. The change will allow educators to participate. He thanked the Mayor for the letter against hatred.
It was moved by Crosby, seconded by Lau, and unanimously carried by a roll call vote, to accept, approve or act on the Consent Calendar items except for the Southland Mechanical Agreement. CITY COUNCIL MINUTES of the study session and regular City Council meetings of December 4, 2023. RECOMMENDATION: That the City Council approve the minutes. Approved Register of Audited Demands REGISTER OF AUDITED DEMANDS for the following:
City Council Minutes of the Closed & Regular Meetings of December 18. 2023, Page 5.
In the amount of $1,555,437.65 dated November 21, 2023, and in the amount of $434,606.33 dated November 29, 2023. RECOMMENDATION: That the City Councill approve the Register of Audited Demands. Approved Mayor Hepburn pulled this item for further discussion.
AUTHORIZE AGREEMENT WITH SOUTHLAND MECHANICAL, INC FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) SERVICES FOR CITY FACILITIES Council Discussion AUTHORIZE
AGREEMENT WITH SOUTHLAND MECHANICAL, INC FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) SERVICES FOR CITY FACILITIES — This item seeks City Council authorization to enter into an agreement with Southland Mechanical, Inc. for heating, ventilation, and air conditioning (HVAC) services for City facilities. RECOMMENDATION: That the City Council approve an Agreement for heating, ventilation, and air conditioning services with Southland Mechanical, Inc. at prices bid, for an initial term of three years and authorize the City Manager, or designee, to administratively renew for up to two additional one-year extensions. Mayor Hepburn had questions regarding the different rates submitted on the bids and the comparisons for the four contractors that submitted bids. City Attorney Hall Barlow advised the Council that a revised version of the Southland Mechanical agreement is on the dais for their information, the wrong copy was included in packet. Copies for the public were provided and the website has been updated. Public Works Director McWade clarified this contract was a service- based bid, not awarded strictly on low bid, the review process was done by an interdepartmental committee. There were 4 bids, Southland Mechanical at $33,200, Diversified Thermal at $46,316, Acro Engineering at $77,426, and FM Thomas Air Conditioning at $103,252.00. The award was based on a balance between selection and quality of the vendor, Southland was the low bid as well. It was moved by Kashifalghita, seconded by Lau, and unanimously carried by a roll call vote, to accept, the Southland Mechanical Agreement. Approved.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 6.
PUBLIC HEARING ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR CURB RAMP ACCESSIBILITY PROJECT, RESO NO. 23-87 OTHER MATTERS LEGISLATIVE PLATFORM FOR THE 2024 LEGISLATIVE SESSION Senior Planner Bowcock reported on the CDBG funds available to address the community needs. There is currently $288,000.00 CDBG funds to be used by the end of the year, of which $230,000.00 is requested to be allocated for the Curb Ramp Accessibility Project.
RECOMMENDATION: That the City Council adopt Resolution No. 23-87 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 — 2024," and appropriate $230,000 in Community Development Block Grant funds to the Curb Ramp Accessibility Project. Approved Mayor Hepburn called for public comment, there was none.
Council Comments — none
It was moved by Lau, seconded by Crosby, and unanimously carried by a roll call vote, to approve Resolution No. 23-87.
Administrative Analyst Blockinger presented the Legislative Platform for the 2024 Legislative Session continued from the December 4th Council meeting. Council gave direction to continue the item to the December 18th and January 16th meetings to ensure residents have adequate time to provide input. Direction was also given to develop a page on the City website which included an FAQ document to help residents better understand the legislative process and the reason for the platform. The residents have the option to give feedback. There were also various social media posts regarding the platform. Townsend representative Eric O'Donnell spoke briefly on how the platform helps the Council when representing the City at other entities like SGVCOG, or SCAG, while also informing our representatives in Sacramento and DC. what the city’s policies and positions are on certain matters.
RECOMMENDATION: That the City Council continue the 2024 Legislative Platform discussion to the Tuesday, January 16, 2024, City Council Meeting.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 7.
LA VERNE FILM PERMIT PROCESS REVIEW AND CITY COUNCIL DIRECTION ON PROCESS REVISIONS Mayor Hepburn called for any Council questions or comments. Crosby stated this was a listening time for Council to hear from residents. Lau asked for an additional push of the information for residents to have an opportunity to respond to the survey to be posted in January.
Mayor Hepburn called for public comment. there was none.
It was moved by Lau, seconded by Crosby, and unanimously carried by a roll call vote, to continue the 2024 Legislative Platform to the January 16, 2024, meeting, and post it after the new year.
LA VERNE FILM PERMIT PROCESS REVIEW AND CITY COUNCIL DIRECTION ON PROCESS REVISIONS - City of La Verne Municipal Code Title 5, Chapter 5.57, Filming and Video Taping, outlines the process and requirements to obtain a permit to professionally film in La Verne. The procedure and requirements for approval can make it difficult for efficient processing and is being reviewed for direction on possible improvements.
RECOMMENDATION: That the City Council review the current Municipal Code related to Film Permits and provide Staff direction for procedural improvements.
Mayor Hepburn called for Council Comments. Mayor Pro Tem Lau asked for information on what other cities are currently doing for this process. She had concerns regarding public safety, the inconvenience to residents, and also liability issues. Council Member Kash stated we should make it more desirable, easier for people. Council Member Crosby asked how many large-scale permits are requested in a year. Assistant City Manager Ranells clarified the number was 3-5 however this number was impacted by COVlD. Mayor Hepburn stated he was in favor of outsourcing the process to free up staff time for other duties. Mayor Hepburn called for public comment. R. Bowen, La Verne resident had concerns about the city being covered, and the limit on city manager approvals. T. Skahill, La Verne resident commented on compensation to business and residents that are inconvenienced by the filming. M. Davis. La Verne resident felt keeping the process in-house was a better idea to cover the city and amending the process.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 8.
RESOLUTION APPOINTING CANDIDATES FOR CITY COUNCIL DISTRICTS 2 AND 5 AND CANCELING THE MARCH 5, 2024, GENERAL MUNICIPAL ELECTION, RESOLUTION NO. 23-88 L. Brainard, La Verne resident was concerned about street closures and being notified in advance. J. Gabaidon, La Verne resident was not in favor of giving up local control. Assistant City Manager Ranells clarified a third-party vendor would facilitate the film permit process, gathering the required documentation then presenting it to city staff. Control to approve the permit would stay with the city. Also, there is written notification given to any property owner affected by the filming process. Mayor Pro Tem Lau summarized the consensus of all the comments: staff should take a look at other cities and explore other options, retain local control, extend the 48-hour notice period as far as possible. The low impact items Council would be OK with being handled by an outside agency. the big items with the greater impact, should be brought to Council for review and approval. Additional details overall are necessary. Mayor Hepburn agreed that modification. additional review and streamline, check what other cities are doing and look at outsource company and see what they do. making sure our residents come first. Mayor Pro Tem Lau also stated Resident Skahill’s idea regarding revenue had merit, as the city could always use an additional revenue. Council Member Johnson concurred with the comments of the other Council Members. Council agreed and gave direction that additional information and research was necessary and will be brought back to the Council in the future. RESOLUTION APPOINTING CANDIDATES FOR CITY COUNCIL DISTRICTS 2 AND 5 AND CANCELING THE MARCH 5. 2024, GENERAL MUNICIPAL ELECTION — The 2024 General Municipal Election nomination period was Monday, November 13, 2023, through Friday, December 8, 2023. One qualified candidate per open district was nominated for District 2 and 5, respectively. As provided for in Elections Code Section 10229, since there were not more candidates nominated than offices to be filled, the City Council may cancel the election and appoint the two candidates.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 9.
RECOMMENDATION: That the City Council: 1. Receive the City Clerk's Certification that there are no more candidates than offices to be filled; and, 2. Approve Resolution No. 23-88, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF MEMBERS OF THE CITY COUNCIL, DISTRICT 2 AND DISTRICT 5, THAT WERE TO BE ELECTED ON TUESDAY, MARCH 5, 2024, AND CANCELING THE ELECTION FOR DISTRICT 2 AND DISTRICT 5." City Attorney Hall Barlow presented Resolution No. 23—88, the appointment of Council members to the offices in District 2 and 5. This action is a common practice when no other candidates are running. This will save the city approximately $54,000, which can be directed to other areas. Mayor Hepburn called for public comment. J. Mercica, San Dimas resident applauds the Councils efforts to cut expenses and save money but believes there are other ways to cut costs that makes practical sense, and to preserve the reputation of the city and hold the election. D. Beauchamp, La Verne resident feels not enough was done to make residents aware of the nomination period, opposes the council taking away the residents right to vote, and the opportunity for any write in candidates. J. Gabaldon, La Verne resident opposes the entire district process and now a large portion of the community will not be allowed to vote, opposes the election being cancelled. S. Best, La Verne resident, supports the Council cancelling the election and save the money as it is within the parameters of the law. The nomination period has expired, the parameters cannot be changed. She supports the resolution as proposed. JT Orr, La Verne resident, supports the council appointing the candidates, feels it would be financially irresponsible to hold an election without an opponent, it would be a waste of resources. R. Bowen, La Verne resident, spoke regarding the prior decision to go to District voting, wants the city to investigate the legality of a council overturning a ballot.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 10.
L. Brainard, La Verne resident, loves La Verne and appreciates her right to vote. Supports La Verne in different ways, District voting is less chance to win. G. lvey, La Verne resident, stated no one else ran because the constituents were happy with their representation for their Districts, and supports the resolution and the money savings. J. Riley, La Verne resident, lives in District 5 and is very happy with the representation and supports this resolution, to appoint the candidates and cancel the March election. Funds should be allocated the cities higher priorities such as public safety. M. Davis, La Verne resident, isjoyful that La Verne has returned to being La Verne, where the City has representation where there is no election necessary as those that chose to serve on Council did a fine job, he supports the resolution. S. WIard, La Verne resident, stated the nomination period was announced through various means, announcements, publications etc. Tonight's decision is not about the right to vote or District voting, it’s about the opportunity to save the taxpayers money. Please do not waste this money when no one wanted to run. K. Kalouseck, La Verne resident, thanked both Crosby and Lau for their willingness to serve La Verne. Other council members ran unopposed and were appointed. This will save the city $54,000, no need for debates. Supports the resolution. Y. Gallegos, La Verne resident, lives in District 2 and is happy with the representation by Crosby. Her family lives in District 5 and is also happy with their representation by Lau. Mr. Rivera, La Verne resident, supports the no drama approach, residents are happy with their representation. Both candidates have his support. Mayor Hepburn called for Council comments: Council Member Crosby asked for the dates that an election was not held. City Attorney Hall Barlow provided the answer, 1996, 2006, 2010, and 2012 also 4 surrounding Cities within the last 4 years have canceled elections, the LA County Recorder’s office confirmed multiple jurisdictions have cancelled elections due to lack of candidates.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023, Page 11.
PUBLIC COMMENT
COUNCIL COMMENTS
Council Member Kashifalghita felt the opportunity was available for people to come, regarding the nomination period. It was on social media and others came forward during public comment and talked about it. He feels everyone is doing a good job. The opportunities were there to put in and they didn’t. Council Member Johnson had no additional comments. Mayor Hepburn stated he was not happy with district voting, he voted against it, he wasn’t happy with the unelected Mayor, but it’s time to move on. He is proud of the two Council Members, that's a testament to their work in their Districts. He’s proud of the Council overall, they work very well together, they have the support of leadership, the City is behind them, and they have the support of the residents. The deadline was there, the deadline passed. He does not agree with having an election for the possibility of a write in candidate. He supports the Resolution. It was moved by Johnson, seconded by Kashifalghita, and unanimously carried by a roll call vote, to approve Resolution 23-88 canceling the election and appointing Crosby and Lau. Mayor Hepburn called for public comment. D. Beauchamp, La Verne resident directed a question to the City Attorney, to be answered later, regarding Crosby and Lau voting on their own appointments. Additionally, she had questions regarding the cow unconstitutional excessive fees and requirement for a psychological evaluation. G. Hunter, La Verne resident, commented that Cal Trans trimmed the overgrowth on the Chelsey bridge however, it wasn't done well, and the lighting is still an issue. Y. Gallegos, La Verne resident, thanked the Mayor for the Open letter, was happy to see it released on various platforms. J. Gabaldon, La Verne resident, clarified his position on Crosby and Lau and their efforts on Council to represent their districts, thinks that more outreach should be done regarding elections, maybe spend a little more money. He is thankful for living in La Verne. Supports many local businesses, restaurants, cleaners, vet clinic, gyms and jewelers. Thanked our Public Safety Department, Fire Department, City Staff and Council. Mayor Hepburn called for Council comment.
City Council Minutes of the Closed & Regular Meetings of December 18, 2023. Page 12. Adjournment at 10:03 pm. ResEectfully s bmitted,
Debra Fritz Deputy City Clerk
Mayor Pro Tem Lau appreciates the audience’s support and engagement during this busy time of year. Supports local businesses, shop small, shop local. There is a Tri-City Mental Health meeting this Wednesday at 5:00 pm. Supports succession planning and education whether it’s as a Council Member, in yourjob or on other committees that you serve on. Thanked the community for being awesome and a great place to live. Council Member Crosby thanked staff and residents. Highlighted accomplishments such as multi-year agreements, new City Manager and his development of staff, and the Mayors letter against hate, appreciates his guidance and being the voice for Council. During the holidays, please use a designated driver, and be safe. Thanked Public Works Director McWade for listening to his comments regarding B Street. Council Member Kashifalghita thanked staff and the community members for their engagement at council meetings. Thanked La Verne Police & Fire Departments for their efforts during the holidays to support the community. Thanked Crazy Bear Cycle for their time putting bikes together to support the Spark of Love program. He is happy to have his amazing colleagues for 4 more years. Would like to assist businesses to protect them from smash and grab crimes. Council Member Johnson congratulated fellow Council Members Crosby and Lau for their not having to run for election, it does not happen very often. He wished everyone a happy and safe holiday season, enjoy family and be safe. Mayor Hepburn thanked staff for their amazing support and collaboration across all departments within the City. Congratulated Crosby & Lau, he is proud to serve with them. Wreaths Across America laid 380 wreaths on Saturday, great event, he thanked the National Society of the Daughters of the American Revolution. and congratulated Lupe Estrella on her retirement, she is much loved and appreciated. Public Works Director McWade clarified the B Street improvements are funded for this year (2024), currently they are in the design phase, with work to potentially begin in the summer. Mayor Hepburn encouraged everyone to shop La Verne, and support our local community. Keep our dollars in La Verne. He wished all a Happy Holidays and Merry Christmas, and to reach out to family members. Enjoy and be safe.