Agenda packet, regular meeting, first session — La Verne City Council, February 5, 2024 (part 1 of 2)

2024-02-05 City Council Agenda
AGENDA 2024-02-05.PDF
City Council Agenda Packet February 5, 2024
AGENDA PACKETA 2-05.PDF

1. Documents:

1.I.

Documents:

_________________________________________________________________

Monday, February 5, 2024
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 City Clerk’s Office at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.

Individuals who wish to share their comments with Council during the meeting may do so by filling out a comment card or raising your hand to request to comment on the current agenda item(s).

View the Council meeting via Zoom by visiting www.cityoflaverne.org/zoom where you will be automatically redirected to the meeting or c all into the meeting via phone 1 -669-900-6833 and enter ID: 835 6372 0936 when prompted. Public Comments via Zoom are not accepted at this time.

Once items have been 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.

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REGULAR CITY COUNCIL MEETING – 6:30 p.m.

PLEDGE OF ALLEGIANCE by Al Jimenez - Air Force (E-6) Tech Sergeant

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.

PRESENTATIONS

Black History Month Proclamation - Every February, National Black History Month serves as both a celebration of the achievements of African Americans and a recognition of the central role they play in the nation’s development.

Christmas Morning - The Christmas Morning event requires detailed coordination from City Staff across numerous departments and selfless volunteers from the community to ensure that Santa greets every resident on Christmas Morning. During this time, we honor all who assisted in the Christmas Morning event:

RSVP Norm Faustini Resident Robert Perez (Santa)
RSVP Wayne Perry Resident Abel Gandara (Santa)
RSVP Joe Givigliano Resident Danny McLaughlin (Santa) RSVP Carlos Candela Maintenance Supervisor Ramiro Nunez RSVP Steve Dorse Maintenance Worker Austin Walters
RSVP Barry Brandler (Santa) Maintenance Supervisor Colin Purdy RSVP Dave Boscarino (Santa) Maintenance Worker Miguel Crespo Captain Dave Bonanno Fire Fighter Kenny Villasenor
Ambulance Operator Abraham Sosa
Sanders Towing Scott Dilley
Resident Darren Baumunk
Resident Craig Baumunk
Resident Don Johnson
Council Member Rick Crosby (Santa)

Crown Coach Fire Enthusiasts Team Member Mike McDonald
Crown Coach Fire Enthusiasts Team Member Rick Klemundt
Crown Coach Fire Enthusiasts Team Member Mike Bramm
Crown Coach Fire Enthusiasts Team Member Mark Bramm

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. CITY COUNCIL MINUTES of the regular City Council meeting of January 16, 2024.

RECOMMENDATION: That the City Council approve the minutes.

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2. REGISTER OF AUDITED DEMANDS for the following:

In the amount of $2,199,995.85 dated January 3, 2024, and in the amount of $321,101.45 dated January 9, 2024.

RECOMMENDATION: That the City Council approve the Register of Audited Demands.

3. CITY OF LA VERNE TREASURER’S REPORT FOR QUARTER ENDING DECEMBER 31, 2023 - The Treasurer’s Report for Quarter ending December 31, 2023, is submitted for City Council to receive and file per City of La Verne Administrative Regulation Number 215, the Statement of Investment Policy, and the State of California’s Government Code (GC) Section 53646.

RECOMMENDATION: That the City Council receive and file the Treasurer’s Report for the Quarter ending December 31, 2023.

4. DEVELOPMENT IMPACT FEE EVALUATION AWARD OF CONTRACT – The City of La Verne utilizes five (5) development impact fees to cover the costs of improvements impacted by the increased demand for new property development projects. The fees are periodically reassessed to align with the evolving needs of the City’s growing popula tion and the City released a request for proposals to update these fees and propose potential fees.

RECOMMENDATION: That the City Council approve a professional services agreement with David Taussig & Associates to evaluate development impact fees and authorize the City Manager to execute the agreement.

5. TRACT MAP N O.83353, BOND REDUCTION - La Verne 58, LLC (Brandywine Homes), the developer of Verdana (Tract Map No. 83353), a 50 -unit three story interlocking townhome project located on Fruit Street between Foothill Boulevard and Amherst Street, has requested to reduce bonds that were established with the approval of the final map for the project on June 6, 2022.

RECOMMENDATION: That the City Council authorize the reduction of the bond amounts for the Performance Bond and the Labor & Materials Bond to approximately 25% of each of the bonds original value and retain the Survey Monument Bond at the full value.

6. DECLARATION OF INTENTION TO PROVIDE WEED ABATEMENT ON SPECIFIC PROPERTIES - Each year, the County of Los Angeles Department of Agricultural Commissioner/Weights & Measures conducts inspections for weeds, brush, rubbish, and refuse on public and private property that may be considered a seasonal and recurrent nuisance. A list of properties is provided to the City for review. City Council is then required to declare its intention to provide for this abatement and set a public hearing for affected property owners to register objections to said abatement.

RECOMMENDATION: That the City Council adopt Resolution No. 24 -08, “Declaring the intention to provide for the abatement of weeds, brush, rubbish, and refuse and setting a public hearing for Tuesday, February 20, 2024, at 6:30 p.m.”

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7. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR JUNE 30, 2023 - The City has completed its Annual Comprehensive Financial Report (ACFR) for the fiscal year ending June 30, 2023. This report has undergone a thorough audit by the independent firm Badawi & Associates (B&A). The ACFR, detailing the City's financial posi tion and operating activities, is accessible on the City’s website: https://www.cityoflaverne.org/468/Annual- Budget-Comprehensive-Report.

RECOMMENDATION:

It is recommended that the City Council receive and file the Annual Comprehensive Financial Report, Report on Internal Control over Financial Reporting and on Compliance and Other Matters, along with the Auditor Letter to the City Council for the fiscal year ended June 30, 2023.

PUBLIC HEARING

8. ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR CURB RAMP ACCESSIBILITY PROJECT ($150,000) - This action will allocate approximately $150,000 of the Community Development Block Grant to the Curb Ramp Accessibility Project to ensure completion of the project by the March 31, 2024, expenditure deadline.

RECOMMENDATION: That the City Council approve Resolution No. 24 -10 titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA,

APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024,” and appropriating $150,000 within the CDBG fund to the Fiscal Year 2023-24 Adopted Budget.

OTHER MATTERS

9. RESOLUTION NO. 24-07 APPROVING A CLASS SPECIFICATION AND SALARY FOR DEPUTY CITY CLERK - As a result of the recent retirement of the Assistant City Clerk, the City Clerk’s Office has been evaluated for efficiencies and organizational updates. Based on that review, a new classification titled Deputy City Clerk is being recommended to support the City Clerk’s Office for vital City business.

RECOMMENDATION: That the City Council adopt the attached Resolution No. 24-07 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR DEPUTY CITY CLERK.”

10. VIRTUAL COMMENTS AT CITY COUNCIL MEETINGS - The City allowed public comments via Zoom as a result of the COVID-19 pandemic and, as a matter of public convenience, allowed Zoom comments to continue after the state -of-emergency elapsed. Due to incidents of hate speech affecting other municipalities, the City stopped accepting Zoom comments out of an abundance of caution beginning with the November 6, 2023, City Council meeting. Mayor Tim Hepburn and Council Member Steve Johnson requested the option for virtual public comments be brought forward for discussion.

RECOMMENDATION: That the City Council provide staff with direction regarding the option for residents to submit virtual comments via Zoom at City Council Meetings.

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11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2.12.010 OF THE LA VERNE MUNICIPAL CODE REGARDING CITY COUNCIL SALARIES - The California Government Code provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary and Senate Bill 329 (SB 329) increases the maximum threshold for council member compensation. During the January 16, 2024, City Council Meeting, the City Council directed staff to increase Council Member salaries to $950 per month.

RECOMMENDATION: that the La Verne City Council introduce by title only, and waive further reading of Ordinance No. 24-XX, entitled “AN ORDINANCE OF THE CITY

COUNCIL, CITY OF LA VERNE, CALIFORNIA, ADJUSTING SALARIES FOR THE MAYOR AND THE CITY COUNCIL MEMBERS AND AMENDING CHAPTER 2.12.010 OF THE LA VERNE MUNICIPAL CODE.”

12. FIRST AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER - Per the City Manager’s employment agreement, he is to be evaluated at least annually, with the City Council having held a Performance Evaluation on January 16, 2024. This item amends the City Manager’s agreement to reflect a 2.5% compensation increase, an additional 1% cost share of PERS costs to be paid by the City Manager, and changes to vehicle allowance for use of electric charging.

RECOMMENDATION: That the City Council approve “AMENDMENT #1 TO EMPLOYMENT AGREEMENT - CITY MANAGER,” approving a First Amendment to the City Manager’s employment agreement.

13. FILM PERMIT REQUEST FROM SHADOWBOXER FILMS LLC - The City has been contacted by production company Shadowboxer Films LLC. to film at the University of La Verne. Per the City’s Municipal Code Chapter 5.57, all film permits must be approved by the La Verne City Council . To meet the requested filming dates desired by Shadowboxer Films, the City Council is being asked to authorize the City Manager to execute an agreement and issue a film permit if all required steps are completed to the City’s satisfaction.

RECOMMENDATION: That the City Council authorize the City Manager to execute an agreement with Shadowboxer Films LLC. and issue a permit for filming if all required steps are completed.

PUBLIC COMMENT

This is the time set aside for anyone wishing to address the City Council on items within the jurisdiction of the City Council which are 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 at a later date. Please email your public comment to the City Clerk’s Office 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

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meetings they have attended per Assembly Bill 1234.

The City Council will meet in a Closed Session for the following:

Conference with Legal Counsel – Existing Litigation, Pursuant to Government Code § 54956.9 (one case):

City of La Verne vs. Beas, et al., Los Angeles County Superior Court Case No. 21PSCP00135.

ADJOURNMENT

THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, FEBRUARY 20, 2024 AT 5:30 P.M. WITH A STUDY SESSION/CLOSED SESSION FOLLOWED BY THE REGULAR COUNCIL MEETING AT 6:30 P.M.

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RESIDENT INFORMATION

UPCOMING EVENTS AND MEETINGS

Tuesday, February 6 - Development Review Committee Meeting at City Hall, 9:00 a.m.

Friday, February 9 - Dance for those with Special Needs at Community Center, 5:00 p.m.

Wednesday, February 14 - Planning Commission Meeting at City Hall, 6:30 p.m.

Monday, February 19 - Holiday Closure - President’s Day

Tuesday, February 20 - City Council Meeting at City Hall, 5:30 p.m.

Wednesday, February 21 - Senior Advisory Committee Meeting at Community Center, 10:00 a.m.

Tuesday, February 27 - Youth & Family Action Committee Meeting at City Hall, 6:30 p.m.

LA VERNE LINK MOBILE APP

Link to La Verne in seconds with the new La Verne Link mobile app! Through the app, residents can sign up for recreation classes, submit reports, and much more. The app is free and available at the Apple App Store and Google Play Store.

Posting Statement: A true copy of this Agenda was posted on January 31, 2024, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.

_________________________________________________________________

Monday, February 5, 2024
Regular City Council Meeting at 6:30 p.m.,
La Verne City Hall Council Chambers
3660 “D” Street, La Verne, CA

Individuals who wish to share their comments with Council during the meeting may do so by filling out a comment card or raising your hand to request to comment on the current agenda item(s).

Once items have been 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.

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REGULAR CITY COUNCIL MEETING – 6:30 p.m.

PLEDGE OF ALLEGIANCE by Al Jimenez - Air Force (E-6) Tech Sergeant

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.

PRESENTATIONS

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. CITY COUNCIL MINUTES of the regular City Council meeting of January 16, 2024.

RECOMMENDATION: That the City Council approve the minutes.

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2. REGISTER OF AUDITED DEMANDS for the following:

In the amount of $2,199,995.85 dated January 3, 2024, and in the amount of $321,101.45 dated January 9, 2024.

RECOMMENDATION: That the City Council approve the Register of Audited Demands.

RECOMMENDATION: That the City Council receive and file the Treasurer’s Report for the Quarter ending December 31, 2023.

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RECOMMENDATION:

PUBLIC HEARING

RECOMMENDATION: That the City Council approve Resolution No. 24 -10 titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA,

APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024,” and appropriating $150,000 within the CDBG fund to the Fiscal Year 2023-24 Adopted Budget.

OTHER MATTERS

RECOMMENDATION: That the City Council provide staff with direction regarding the option for residents to submit virtual comments via Zoom at City Council Meetings.

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RECOMMENDATION: that the La Verne City Council introduce by title only, and waive further reading of Ordinance No. 24-XX, entitled “AN ORDINANCE OF THE CITY

COUNCIL, CITY OF LA VERNE, CALIFORNIA, ADJUSTING SALARIES FOR THE MAYOR AND THE CITY COUNCIL MEMBERS AND AMENDING CHAPTER 2.12.010 OF THE LA VERNE MUNICIPAL CODE.”

RECOMMENDATION: That the City Council approve “AMENDMENT #1 TO EMPLOYMENT AGREEMENT - CITY MANAGER,” approving a First Amendment to the City Manager’s employment agreement.

RECOMMENDATION: That the City Council authorize the City Manager to execute an agreement with Shadowboxer Films LLC. and issue a permit for filming if all required steps are completed.

PUBLIC COMMENT

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

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meetings they have attended per Assembly Bill 1234.

The City Council will meet in a Closed Session for the following:

Conference with Legal Counsel – Existing Litigation, Pursuant to Government Code § 54956.9 (one case):

City of La Verne vs. Beas, et al., Los Angeles County Superior Court Case No. 21PSCP00135.

ADJOURNMENT

THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, FEBRUARY 20, 2024 AT 5:30 P.M. WITH A STUDY SESSION/CLOSED SESSION FOLLOWED BY THE REGULAR COUNCIL MEETING AT 6:30 P.M.

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RESIDENT INFORMATION

UPCOMING EVENTS AND MEETINGS

Tuesday, February 6 - Development Review Committee Meeting at City Hall, 9:00 a.m.

Friday, February 9 - Dance for those with Special Needs at Community Center, 5:00 p.m.

Wednesday, February 14 - Planning Commission Meeting at City Hall, 6:30 p.m.

Monday, February 19 - Holiday Closure - President’s Day

Tuesday, February 20 - City Council Meeting at City Hall, 5:30 p.m.

Wednesday, February 21 - Senior Advisory Committee Meeting at Community Center, 10:00 a.m.

Tuesday, February 27 - Youth & Family Action Committee Meeting at City Hall, 6:30 p.m.

LA VERNE LINK MOBILE APP

Table of Contents
City Council Agenda Packet, Monday, February 5, 2024
Agenda 2
Agenda Items

1. City Council Minutes 7

2. Audited Demands 15

3. Treasurer’s Report for Quarter Ending December 2023 23

4. Development Impact Fee Evaluation Award of Contract 27

5. Bond Reduction, La Verne 58, LLC (Brandywine Homes) 85

6. Declaration to Provide Weed Abatement, Reso No. 24-08 99

7. Annual Comprehensive Financial Report for June 30, 2023 115

8. Allocate Community Development Block Grant Funding, Reso No. 24-10 117

9. Class Specification and Salary for Deputy City Clerk, Reso No. 24-07 121

10. Virtual Comments at City Council Meetings 127

11. First Reading of an Ordinance Amending Council Salaries 131

12. First Amendment to Employment Agreement with City Manager 137

13. Film Permit Request from Shadowboxer Films LLC 141
MINU

TES OF A STUDY SESSION AND REGULAR MEETING

OF THE LA VERNE CITY COUNCIL
Tuesday, January 16, 2024
ACTI

ON MINUTES
“see items in italics”
_________________________________________________________________

STUDY SESSI
ON – 5:30 p. m. - Meeting called to order at 5:30 p.m.

ROLL C
ALL Council Mem be r Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

Council Members present: All

Absent: None
Advisory Staff Present: City Manager Ken Domer, Assistant City Manager JR Ranells Assistant City Attorney Scott Porter.

The
City Council will meet in a Study Session for the f ollowing:

Code Enf
orcement – Overview of the City’s Code Enforcement Program Code Compliance Officer Ron D’Alessandro gave an overview of the City’s code enforcement practices, and policies highlighting some updates coming in 2024.

REGUL
AR CITY COUNCIL MEETING – 6: 30 p.m. – th e Regular Meeting was called to order at 6:33 p.m.

PLE
DGE OF ALLEGIANCE by Christopher M uzquiz, Army, Spec.4 (E-4) Council Member Kashifalghita, on behalf of the City Council, presented, Christopher Muzquiz, U.S. Army Spec. 4 (E-4) a Pride of La Verne Certificate of Recognition thanking him for his service to our country.

ROLL CA
LL Council M em ber Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

Council Members present: All

Absent: None
Advisory Staff Present: City Manager Ken Domer, Assistant City Manager JR Ranells, Scott Porter Assistant City Attorney.

City Council Agenda Packet, Monday, February 5, 2024. Page 7 PRESENTATIONS - Nathan Kwan is currently a senior at Bonita High School and was honored for his academic achievements. This item was not previously listed on the agenda. Nathan received a perfect score on the Advanced Placement Computer Science Principles exam, a rare achievement.

Mayor Hepburn, on behalf of the City Council, presented Nathan with a Pride of La Verne Certificate of Recognition congratulating him on this achievement.

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.)
Announcements were received from:

Josh Goldman, La Verne Chamber of Commerce Board Member, announcing the 2024 Excellence in La Verne Business Awards.

Geor
ge May, La Verne Librarian, announcing upcoming and current library programs.

Kath
y Kalousek, VP of the La Verne Historical Society, announcing upcoming events.

CONSE

NT 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.) It was moved by Johnson , seconded by Crosby, and unanimously carried by a vote of 5-0, to accept, approve or act on the Consent Calendar items.

1. CITY
COUNCIL MINUTES of the regular City Council meeting of December 18, 2023.

RECOM
MENDATION: That the City Council approve the minutes. Approved

2. REGI
STER OF AUDITED DEMANDS for the following:

In the amount of $1,906,750.44 dated December 6, 2023, and in the amount of $335,956.99 dated December 12, 2023, and in the amount of $1,331,988.98 dated December 20, 2023, and in the amount of $1,117,958.50 dated December 27, 2023.

RECOM
MENDATION: That the City Council approve the Register of Audited Demands.

Approved

3. DESIGNATION OF THE CITY’S VOTING DELEGATE AND ALTERNATE AT THE

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL CONFERENCE AND GENERAL ASSEMBLY MEETING - The Southern California Association of Governments (SCAG) requests the selection of one delegate to vote on behalf of the City for the General Assembly Meeting and it is recommended that the City Council designate Mayor Tim Hepburn as the delegate and Mayor Pro Tem Wendy Lau as the alternate.

City Council Agenda Packet, Monday, February 5, 2024. Page 8 RECOMMENDATION: That the City Council adopt Resolution No. 24- 05 appointing Mayor Tim Hepburn to represent the City of La Verne as the voting delegate for SCAG’s General Assembly Meeting, and Mayor Pro Tem Wendy Lau as alternate. Approved

4. ADOPTION OF A RESOLUTION AFFIRMING VISION ZERO FOR TRAFFIC SAFETY AND ACCEPTING THE FY22/23 ACTIVE TRANSPORTATION COMMITTEE ANNUAL REPORT – This item requests adoption of a Resolution affirming the City’s Vision Zero philosophy to aid in future grant applications for traffic safety improvements and accepting the Active Transportation Committee’s Annual Report. The Annual Report summarizes the City’s Complete Streets activities and the Active Transportation Committee’s progress and accomplishments during fiscal year 2022/2023.

RECOMMENDATION: T hat the City Council adopt the attached Resolution No. 24- 01 affirming Vision Zero for traffic safety and accepting of the Active Transportation Committee Annual Report (Annual Report) for fiscal year 2022/2023. Approved

5. PURCHASE OF GRANT FUNDED BEAM GATE VEHICLE BARRIER – The Department received grant funding from a State Homeland Security Program (SHSP) to purchase protection barriers to be used to strengthen public safety. This item will appropriate funds to proceed with the purchase.

RECOMMENDATION: That the City Council:

1. Approve the purchase of a beam gate that includes four vehicle barriers from Meridian Rapi
d Defense Group for $51,000; and

2. Adopt Resolution No. 24-02 appropriating $51,000 from the Miscellaneous Grants Fund for the purchase of vehicle barriers; and

3. Authorize the City Manager to execute the applicable documents.

All recommendations above Approved.

6. AWARD OF CONTRACT FOR FISCAL YEAR 23 -24 CDBG FUNDED CITY HALL ACCESSIBILITY IMPROVEMENTS PROJECT – This action will provide funding and award a construction contract to ACE Capital Engineering in the amount of $395,132.25 for the 23- 24 Community Development Block Grant (CDBG) City Hall Accessibility Improvements Project. The project will be funded in part by CDBG funds for the accessibility enhancement focused portions of project scope, with the remaining amount of work (paint and carpet) funded by American Rescue Plan Act (ARPA) funds.

RECOMMENDATION: That the City C ouncil:

1. Award a public works construction contract to ACE Capital Engineering, the lowest, most responsible bidder, in the amount of $395,132.25 for the CDBG City Hall Accessibility Improvements Project (Project. No. CF2304); and

2. Authorize staff to issue change orders not exceeding 10% of the construction budget for a total possible cost of $434,645.48; and

3. Authorize staff to shift $45,000 of ARPA (Fund 290) appropriations previously designated by City Council for “CIP / Outdoor Improvements Project” to the 23- 24 CDBG City Hall Accessibility Improvement Project (Project. No. CF2304) to provide additional funding for the project.

All recommendations above Approved.

City Council Agenda Packet, Monday, February 5, 2024. Page 9

7. RESOLUTION NO. 24 -03 ADOPTING A SALARY CHART FOR PART -TIME EMPLOYEES AND AMENDING RESOLUTION NO. 23 -85, A SALARY CHART FOR

FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE OPERATOR - The attached resolution and associated part -time salary table reflect adjustments in compensation resulting from increases in the California Minimum Wage. The proposed changes also include an adjustment to the full -time Ambulance Operator position since they are also tied to the statutory minimum wage of $16 per hour.

RECOMMENDATION: That the City Council adopt the attached Resolution titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA,

ADOPTING A SALARY CHART FOR PART -TIME EMPLOYEES AND AMENDING RESOLUTION NO. 23 -85, A SALARY CHART FOR FULL -TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE OPERATOR.” Approved

8. RESOLUTION APPOINTING CITY MANAGER AS CITY CLERK - This item approves a Resolution appointing the City Manager as the City Clerk, with no additional compensation.

RECOMMENDATION: That the City Council adopt Resolution No. 24- 04 titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPOINTING THE CITY MANAGER AS THE CITY CLERK.” Approved

PUBLIC HEARING

9. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2024 -2025 - This is the 50th funding year for the Community Development Block Grant Program. According to the Los Angeles County CDBG Bulletin, the City of La Verne will be allocated approximately $154,782 in Community Development Block Grant (CDBG) funds.

RECOMMENDATION: That the City Council approve Resolution No. 24- 05 titled, “ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA,

APPROVING PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT

PROGRAM AND SELECTING CERTAIN PROJECTS FOR FUNDING IN THE FISCAL YEAR 2024 – 2025.”
Principal Planner Candice Bowcock reported on the CDBG Program for 2024-2025.

Council Comments:

Coun
cil Member Johnson asked for clarification on the unallocated amount of $31,000.

Cit
y Manager Domer, clarified what these funds could be used for and explained there is a drawdown timeline on CDBG funds. The unallocated funds can be used for items not yet identified or used on items that have been identified as a priority, such as the crosswalk pedestrian signal notifications that need to be updated.

Coun
cil Member Kashifalghita, asked if the Senior Hot Lunch program amount was the same as last year.

City Council Agenda Packet, Monday, February 5, 2024. Page 10 Public Comments: Mayor Hepburn called for public comments.

D. Beauchamp asked what the maximum percentage was to repair the sidewalks and curbs and if the amount of CDBG funds is the same as last year.

Principal Planner Bowcock clarified the fund amount was very close to last year with only a few thousand dollars difference, and there is no maximum on sidewalk construction projects that are removing barriers for disabled persons.

Mayor Pro Tem Lau thanked staff for finding uses for these restrictive funds. She appreciates that the projects that have been identified do provide accessibility to our community and would love to have our 15% allocation increased.

Council Member Crosby thanked staff for their diligence in using these funds to the extent possible.

Mayor Hepburn called for a motion. It was moved by Crosby and seconded by Lau and unanimously approved by a vote of 5-0 to approve Resolution No. 24-05.

OTHER MATTERS

10. LEGISLATIVE PLATFORM FOR THE 2024 LEGISLATIVE SESSION - Adoption of the 2024 Legislative Platform will help define the City’s interests on priority issues and provide a framework for advocacy efforts at the federal, state, and local levels. This item is continued from the December 4, and 16, 2023, City Council meetings to allow for additional resident input on the Platform.

RECOMMENDATION: It is recommended that the City Council adopt the 2024 Legislative Platform.

Administrative Analyst Andrea Blockinger gave a follow up report on the 2024 Legislative Platform.

Public Comment: Mayor Hepburn called for public comment, there was none.

Council Comments:

Council Member Crosby thanked the City for extending the item so people could get a better understanding and give guidance to the City Manager . He appreciates the hard work that went into this well written document.

Council Member Kashifalghita thanked and appreciated staff for all the hard work and the presentation.

Council Member Johnson thought it was great to have a document such as this for staff and residents to refer to.

Mayor Pro Tem Lau echoed the sentiments of her colleagues, noting the guiding principles will inform the community and elected official s that we work with, what’s important to us . Local controls, fiscal stability, and making sure there are funding opportunities is important.

City Council Agenda Packet, Monday, February 5, 2024. Page 11 Mayor Hepburn thanked staff, and agreed we need to stay in tune to what is happening in Sacramento. It’s important that we stay focused on decisions that are being made and how they affect us.

Mayor Hepburn called for a motion. It was moved by Crosby and seconded by Kashifalghita and unanimously carried by a vote of 5-0, to approve the 2024 Legislative Platform.

11. COUNCIL MEMBER SALARY UPDATE PER SENATE BILL 329 - The California Government Code provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary. Senate Bill 329 (SB 329) increases the maximum threshold for council member compensation.

RECOMMENDATION: that the La Verne City Council provide Staff with further direction on Mayor and City Council salary and request for the item to be brought back for potential First Reading at the February 5, 2024, City Council meeting.

City Manager Domer reported on Senate Bill 329 - Council Member salary update.

Senate Bill 329 was passed in the last legislative session, effective January 1. C urrent La Verne Council salaries were set in 1999 and became effective in 2001, as salaries can only become e ffective when a new term begins. Based on direction, the item could be brought back in ordinance form at the February 5th meeting for a first reading, followed by the second reading and adoption at a subsequent meeting. Pay would become effective in April, after the (2) council seats are certified and sworn in. The State uses a per capita approach to determine the limits; payments would change to $950 per month from $519.

Public Comment: Mayor Hepburn called for public comment.

D. Beauchamp asked if the salary increases to Council were included in the budget.

City Manager Domer responded to the question, the salary increases were not included, due to the legislation not in place at the time of the budget process. An allocation or appropriation will need to be brought back with an ordinance, should Council so direct.

Council Comments:

Council Member Johnson commented on the fact that in 2003 the C ouncil was paid $519. He was in favor of the change.

Mayor Pro Tem Lau agreed with Council Member Johnson regarding the need to increase the amount and supported the change.

Council Member Crosby agreed with moving this item forward.

Council Member Kashifalghita agreed with moving this item forward and stated he felt this was a fair amount.

City Council Agenda Packet, Monday, February 5, 2024. Page 12 Mayor Hepburn agrees with this increase, it’s important to be compensated for all the efforts the Council puts forth and that it definitely needs to be updated . He appreciates the Staff’s time and thanked City Manager Domer for putting together this information.

Mayor Hepburn stated it was important to let the item go on for residents to digest the information.

Mayor Hepburn called for a motion to direct Staff to provide further direction and to bring the Council salary item back for first reading on February 5 th. It was moved by Kashifalghita, seconded by Johnson, and unanimously carried, by a vote of 5/0.

Council M
ember Johnson asked for a survey of local Councils with regard to the amount others receive when the item is brought back.

City Manager Domer clarified when the amount was set in 2001 and if it was ever increased by at least the annual CPI. City Manager Domer also noted on if the amount was compounded, the amount would be different. The ordinance will be brought back with the $950 amount and the survey of other cities.

Mayor Hepburn requested a wide survey of other like cities in population size.

PUBLIC COMMENT
(Below are only partial public comments, please visit the City’s website to view the archived Council meeting.)

Mayor Hepburn called for public comment:

The following attendees provided comments to the Council: Mary Teng on the use of the Community Center for meetings, Patrick Ramirez also spoke regarding using the Community Center for meetings and thanked staff for their help with homelessness, Danita Beauchamp spoke on the Community Center meeting use, and the parking at Haynes Family of Programs facility.

COUNCIL COMMENTS A ND CONFERENCE/MEETING REPORTS

Council Member Johnson spoke on the Earthquake Brace and Bolt program.

Registration closes February 21, 2024, and information can be found at Earthquakebracebolt.com.

Council Member Kashifalghita wished everyone a Happy New Year and is looking forward to continuing to serve this great community. He shared his hope to be able to protect the community and businesses. He also encouraged the community to l ike, follow, and subscribe to the new City app, and to attend the VFW Post, on January 20 th
for the fundraising event.

Council Member Crosby noted he is happy to see that our firefighters are able to attend training exercises and get proper training. H e thanked Chief Nigg for making that happen. Council Member Crosby shared he was a proud participant for the Christmas Morning Program as Santa and was glad that we are still able to do this. He thanked Robert Russel for his hard work in coordinating Staff and volunteers. Council Member Crosby would like to recognize the volunteers at a future council meeting. He also thanked Eric Scherer and Ron D’Alessandro for the Code Enforcement presentation and announced upcoming events.

City Council Agenda Packet, Monday, February 5, 2024. Page 13

Mayor Pro Tem Lau reported on the recent ATC meeting and the upcoming YFAC meeting on Tuesday, at 6:30 p.m. as well as the ULV Day of Service that was on MLK Day. The owner of W ahfles passed away and will be closing. Mayor Pro Tem asked for people to keep the family in their thoughts. This Saturday 2:00-5:00 p.m. they will be honoring the owner at the location. Happy New Year, stay safe, and be kind!

Mayor Hepburn expressed his condolences to the family, encouraged all to come out on Saturday and support the family and business. The State of the City is at ULV on Monday, January 29
th at 10:00 a.m. School is back in session, be careful and look out for students. Happy New Year!

Mayor Hepburn announced the closed session items. There will be no report out after closed session.

The City Council met in a Closed Session for the following:

Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8:

Property: Vacant parcel on 800 block of Canyon View Drive; APN: 8665-032-049 City Negotiator: City Manager
Negotiating Parties: DeAnza Land & Leisure Corporation

Conference with Legal Counsel – Existing Litigation, Pursuant to Government Code § 54956.9 (one case):

City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No.  23STCP03579, and

Public Employee Performance Evaluation, Pursuant to Government Code § 54957(b)(1):

Title:  City Manager

ADJOURNMENT at 8:42 p.m.

Respectfully submitted,

Debra Fritz
Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 14

CITY OF LA VERNE

DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYME TS OTHER THAN PAYROLL A D RELATED BE 1EFITS.

AMOU T
I. 523,857.36

2. 148,056.60

3. 79,654.69

4. 34,327.22

5. 28,814.25

6. 20,484.12

7. 11,510.25

8. 7,958.50

9. 6,234.56

10. 5,976.12
66 341.32
$ 933,214.99

ISSUED TO

WASTE MANAGEMENT
MOTOROLA SOLUTIONS, INC.

STRATEGIC CONTRACTING SERVICES

DEPARTME T OF HEAL TH CARE SERVICES

RKA CONSUL TING GROUP
ALL STAR FIRE EQUIPMENT INC.

INLAND VALLEY HUMANE SOCIETY

JONES & MA YER

LOS ANGELES COUNTY PUBLIC WORKS
COMMERCIAL DOOR COMPANY INC.

OTHER DEMANDS

DESCRIPTION
OCTOBER AND NOVEMBER 2023 SERVICES
RADIO COMMUNICATIO S EQUIPMENT· MOTOROLA
PAYROLL 12/10/2023 TO 12/23/2023 {L.A. CLEAR)
PP-GEMT PROGRAM PAYMENT I OF 4 FOR YEAR 2024
OCTOBER AND OVEMBER 2023 SERVICES

TURNOUTS
NOVEMBER 2023 ANIMAL CARE & CONTROL SERVICES
NOVEMBER 2023 LEGAL SERVICES
1W LA VERNE I 0/ 18/2023 TO I 1/15/2023
REPAIRS TO DOORS I A D 4
DEMANDS OF$ 280.00 WERE PAID ON BEHALF OF LA IMPACT FOR LAWE FOR CEMENT TASK FORCE OPERATIONS.

DEMA DS OF$ 1,266,500.86 WERE PAID FOR PAYROLL A D EMPLOYEE BENEFIT RELATED ITEMS.

IN ACCORDANCE WITH GOVER ME T CODE SECTIO 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.

Page I of 4
City Council Agenda Packet, Monday, February 5, 2024. Page 15 CITY OF LA VERNE Fiscal Year 23-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A 1/3/2024
CHECK NO. AMOUNT ISSUED TO
167382 4,997.00 ALLIANT INSURANCE SERVICES, INC.
167383 58.00 ANDREW D'AMICO
167384 1,584.36 ASSETWORKS USA,INC.
167385 2,797.73 ATKINSON ,ANDELSON,LOYA,RUUD & ROMO
167386 315.00 BREAK TIME YOGA, LLC
167387 354.56 CHARTER COMMUNICATIONS
167388 887.00 CPAC, TNC.
167389 170.00 CPRS
167390 1,598.18 FRONTIER COMMUNICATIONS
167391 250.00 GOVERNMENT FINANCE OFFICERS ASSN.
167392 100.00 HEATHER BLY
167393 2,367.45 HTNDERLITER, DE LLAMAS & ASSOCIATES
167394 749.20 HIRSCH PIPE AND SUPPLY
167395 589.07 HOLLIDAY ROCK CO.
167396 11 ,510.25 INLAND VALLEY HUMANE SOCIETY
167397 107.16 INNOVATION AND TECHNOLOGY DEPT.
167398 186.00 JIEQUI
167399 7,958.50 JONES & MA YER
167400 105.00 KIM SITCHA
167401 14.00 KYOCERA DOCUMENT SOLUTIONS WEST
167402 252.47 KYOCERA DOCUMENT SOLUTIONS WEST LLC
167403 4,759.64 LIFE-ASSIST
167404 791.53 LINE GEAR
167405 6,234.56 LOS ANGELES COUNTY PUBLIC WORKS
167406 148,056.60 MOTOROLA SOLUTIONS , INC.
167407 100.00 OLTYIA DEVILLEZ
167408 100.00 PATTY PACHECO
167409 131.20 SANDERS LOCK & KEY
167410 210.00 SCMAF-SAN GABRIEL VALLEY
1674 11 959.50 SIERRA PACIFIC ELEC. CONTRACTING
167412 863.48 STAPLES
167413 2,473.48 T-MOBILE
1674 14 281.68 T-MOBILE
167415 544.01 T-MOBILE
167416 133.04 TK PRINT MANAGEMENT, INC.
16741 7 1,318.37 U.S. POSTMASTER
167418 140.00 VALERIE E. FRANKLIN-VALDEZ
167419 88.11 VERIZON WIRELESS
167420 57.00 VINCENT PADILLA
16742 1 131.07 WALTERS WHOLESALE ELECTRIC CO.
167422 2,533.40 WELLS FARGO VENDOR FINANCIAL SVCS
167423 728.34 WHITE CAP, L.P.
167424 2,030.63 WM CORPORA TE SERVICES , INC.
167425 4,433.94 HERMELIN , LAURA
167437 349.99 CHARTER COMMUNICATIONS
167438 3,047.15 CHARTER COMMUNICATIONS
167439 25.00 DEPARTMENT OF HUMAN RESOURCES
167440 5,170.00 ESRI, INC.
167441 286.62 EXECUTIVE ENGRAVERS
167442 84.88 FEDEX
167443 600.00 HUNTER, JASON
167444 2,423.51 MASERGY CLOUD COMMUNICATIONS, INC
167445 551 .54 SOUTHERN CALIFORNIA TROPHY COMPANY
167446 1,543.66 VERIZON WIRELESS
EFT 20,484.12 ALL STAR FIRE EQUIPMENT INC.

EFT 733.24 AMAZON CAPITAL DRVC- LVPD
EFT 2,832.03 BRENNTAG PACIFIC INC.

EFT 5,976.12 COMMERCIAL DOOR COMPANY TNC.

EFT 3,025.00 DENNIS GRUBB & ASSOCIATES
EFT 34,327.22 DEPARTMENT OF HEALTH CARE SERVICES

Page 2 of 4 ends

City Council Agenda Packet, Monday, February 5, 2024. Page 16 CITY OF LA VERNE Fiscal Year 23-24

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
EFT 571.20 GIRON, ANTHONY
EFT 330.69 GRAINGER
EFT 950.00 GREENSCAPE MAINTENANCE SERVICES INC
EFT 556.57 HAAKER EQUIPMENT CO.

EFT 323.68 HI-WAY SAFETY INC.

EFT 620.00 LAW ENFORCEMENT MEDICAL SERVICES
EFT 28,814 .25 RKA CONSUL TING GROUP
EFT 523,857.36 WASTE MANAGEMENT
EFT 2,025.96 WESTERN WATER WORKS
EFT 79,654.69 STRATEGIC CONTRACTING SERVICES
933,214.99
1,266,500.86 Total Payroll Demands
280.00 Total LA IMPACT Demands
Total Demandt 2,199,995.85
Payroll and Employee Benefit Payments :
167437 1,384.05 AFLAC
167438 3,035.16 DELTA DENTAL INSURANCE COMPANY
167439 13,668.32 DELTA DENT AL(0020785555)
167440 520.00 CITY OF LA VERNE EMPLOYEE FUND
167441 350.00 FIDELITY INVESTMENTS #P0754
167442 7,480.08 THE HARTFORD-PRIORITY ACCOUNTS
167443 154,455.21 HEALTH NET
167444 96,855.33 KAISER FOUNDATION HEALTH PLAN
167445 1,707.19 METLIFE - GROUP BENEFITS
167446 457.25 A.C. NEWMAN CO.
167447 9.00 UNITED WAY CAMPAIGN
EFT 2,987 .00 LA VERNE FIRE ASSOCIATION
EFT 2,320.60 LA VERNE POLICE ASSOCIATION
EFT 1,618.33 CHARLES SCHWAB BANK
EFT 110.00 WAGEWORKS - ADMIN FEE
Bank Draw 60 1,693.58 PAYROLL 12/17/2023 -1 2/31/2023
Bank Draw 116,456.80 UNITED STATES TREASURY
Bank Draw 39,978 .03 ST A TE OF CALIFORNIA
Bank Draw 1,297.30 ST A TE DISBURSEMENT BD0005689
Bank Draw 187, 187.71 STATE OF CALIFORNIA
Bank Draw 26,724 .22 EMPOWER TRUST COMPANY , LLC-457
Bank Draw 6,205 .70 EMPOWER TRUST COMPANY , LLC-ROTH
Total 1,266,500.86
Break down of standard providers and the benefits they provide Provider Benefits Description
A.C. Newman Co.

Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasury
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Verne
Accidental Death Life Insurance
Employee dental insurance coverage
Life Insurance Policy
Employee health insurance
Employee health insurance
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/garnishments 401A plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LA IMPACT Law Enforcement Task Force Demands
167447 280.00 TRANSUNJON RISK & ALTERNATIVE DATA
1/3/2024

Page 3 of 4 ends

City Council Agenda Packet, Monday, February 5, 2024. Page 17 CITY OF LA VERNE Fiscal Year 23-24

MULTIPLE
Total

AMOUNT ISSUED TO

LAI ENFORCEMENT OPERA TJONS
280.00
1/3/2024
LA IMPACT demands are paid from federal asset forfeiture dollars allocated to LA IMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LA IMPACT activities.

Page 4 of 4 ends

City Council Agenda Packet, Monday, February 5, 2024. Page 18

CITY OF LA VERNE

DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.

AMOUNT ISSUED TO I. 120,219.16 _D_E_P_A-RT-M-EN_T_O_F_JU_S_T_IC_E _____ _

2. 33,069.60 STRATEGIC CONTRACTING SERVICES

3. 23,246.25 DE NOVO PLANNING GROUP

4. 13,144.99 MOTOROLA SOLUTIONS, INC.

5. 12,775.13 INTER-CON SECURITY SYSTEMS, INC.

6. 12,726.08 BRENNTAG PACIFIC, INC.

7. 10,340.35 ATHENS SERVICES

8. 9,711.49 JONES & MAYER

9. 7,713.29 GENERAL PUMP COMPANY

10. 4,586.06 L.N. CURTIS AND SONS
68,502.87 OTHER DEMANDS
$ 316,044.43

DESCRIPTION
OCTOBER AND NOVEMBER 2023 PAYROLL LAC (LA CLEAR)
PAYROLL 12/1 0/2023 TO I 2/23/2023 (LA CLEAR)

SERVICE NOVEMBER AND DECEMBER LV GENERAL

EQUIPMENT - MOBILE RADIOS ACCESSORIES AND SERVICE
DECEMBER 2023 PARK.ING ENFORCEMENT

CHEMICALS PURCHASE
DECEMBER 2023 STREET SWEEPER SERVICE
JANUARY 2024 RETAINER AND OTHER LEGAL FEES
PULL, REPAIR AND INSTALL AMHERST BOOSTER 2

USAR EQUIPMENT
DEMANDS OF $5,057.02 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 CH~STY C/4~

FINANCE DIRECTOR
Page I of3
City Council Agenda Packet, Monday, February 5, 2024. Page 19 CITY OF LA VERNE FY 2023-24

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
167448
167449
167450
167451
167452
167453
167454
167455
167456
167457
167458
167459
167460
167461
167462
167463
167464
167465
167466
167467
167468
167469
167470
167471
167472
167474
167475
167476
167477
167478
167479
167480
167481
167482
167483
167484
167485
167486
167487
167488
167489
167490
167491
167492
167493
167494
167495
167496
167497
167498
167499
167500
167501
167502
167503
167504
167505
167506
167507
167508
167509
167510
AMOUNT

9.16 200.00

63.70 94.00
10,340.35

95.00 234.00
217.00
339.00
1,491.00
I, 155.00
363.96
657.00
659.07
219.97
699.00
2,445.00
123.04
2,292.00
200.00
23,246.25
212.76
1,803.00

62.47 338.06
416.00
2,896.12
250.00
680.98
1,488.76

55.00 9,711.49

94.00 28.00
129.40

94.00 1,088. 16
2,600.00
396.28
152.58

20.00 311.77
125.00
13,144.99
1,045.50
3,735.76

39.86 4,321.55
695.25
306.67

90.00 546.87

94.00 21 .77
139.97
2,033.94
300.00

21.89 2,600.00
1,000.00
3,657.43
312.00

ISSUED TO

ALBERTSONS/SAFEWA Y
ALT AF L. ALI, MD , INC.

ANNA MORGAN

ANNA SANCHEZ

ATHENS SERVICES

BENJAMIN AQUINO

BESTWAY LAUNDRY SOLUTIONS

BW PRINTWORKS

CAL OPTIMA
CALIFORNlA DEPT OFT AX & FEE ADMIN
CALIFORNIA PEST MANAGEMENT,INC.

CA REMO RE HEAL TH
CDCE

CENTRAL SUPPLY INTERNATIONAL

CHARTER COMMUNICATIONS

CHARTER COMMUNICATIONS
CIVIL TEC ENGINEERING, INC.

COLLEY FORD
COUNTY OF LA INTERNAL SVCS. DEPT.

D.F. POLYGRAPH

DE NOVO PLANNJNG GROUP

DEPARTMENT OF HEALTH SERVICES

DEPARTMENT OF VETERANS AFFAIRS

EVERSOFT

FACTORY MOTOR PARTS

FRESHMOBTLECA LLC

FRONTIER COMMUNICATIONS

HARDEN, DEVON
HOLLIDAY ROCK CO.

HOME DEPOT CREDIT SERVICES

HOMETOWN RENTALS

JONES & MA YER

JORDAN MILLER

KYOCERA DOCUMENT SOLUTIONS WEST

LA VERNE PETTY CASH

LENORA BOULL T
LESLIE'S POOLMART, INC.

JOHN LEWIS

LIFE-ASSIST

LINE GEAR

LORI REEB
LOWE'S
MMASC
MOTOROLA SOLUTIONS, INC.

PACIFIC BATTLESH[P CENTER

PARADISE EMBROIDERY & SCREEN PRINT

PRISTINE UNIFORMS
RlNGCENTRAL INC.

ROADPOST USA INC
INTERSTATE BlLLING SERVICE INC
SAFESHRED COMPANY, INC.

SAFETY NETT, INC.

SAMANTHA PEACE

SANDERS LOCK & KEY

CONNECTA SATELLITE SOLUTIONS LLC
SCHWALM GENERATION, INC.

SCPLRC
SMART & FINAL IRIS CO.

THE COUNSELING TEAM INTERNATIONAL

THE DOMINGUEZ GROUP

TPX COMMUNICATIONS

TRANS UNION RISK & ALTERNATIVE DAT A

Page 2 of 3 ends

1/9/2024
City Council Agenda Packet, Monday, February 5, 2024. Page 20 CITY OF LA VERNE FY 2023-24

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
167511
167512
167513
167514
167515
167516
167517
167520
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT

BANK DRAWN
Total Demands
AMOUNT

56.47 1,437.20
2,275.00

29.77 120,219.16
491.36
699.00
1,300.00
3,146.52
1,493.60
184.91
12,726.08
622.54
7,713.29
577. I 0
1,795.00
1,409.28
202.60
12,775.13
580.74
4,586.06
110.00

56.00 92.50
1,983.52
227.00
381.51
805.86
33,069.60
2,792.85
316,044.43

ISSUED TO
WAGEWORKS, INC.

WALTERS WHOLESALE ELECTRIC CO.

WILLDAN

B&H PHOTO VIDEO

DEPARTMENT OF JUSTICE

ODP BUSINESS SOLUTIONS, LLC

TOWERSTREAM CORPORATION

INTEGRATED TA CTI CAL CONCEPTS, LLC
ALL ST AR FIRE EQUIPMENT INC.

AMAZON CAPITAL SRVC - FIRE

AMAZON CAPITAL SRVC - LVPD
BRENNTAG PACIFIC, INC.

COMMERCIAL DOOR COMPANY, INC.

GENERAL PUMP COMP ANY

GRAINGER

GRANICUS LLC

HACH COMPANY

HARCHUT, CYNTHIA
INTER-CON SECURITY SYSTEMS, INC.

INTERSTATE BATTERY INLAND VALLEY
L.N. CURTIS AND SONS
LA VERNE POWER EQUIPMENT, INC.

RADC, INC.

STEVE A FILARSKY, ATTORNEY AT LAW
TURBO DATA SYSTEMS, INC.

UNDERGROUND SERVICE ALERT OF SO CAL

WESTERN WATER WORKS

AMAZON CAPITAL SRVC - LA CLEAR

STRATEGIC CONTRACTING SERVICES
CINTAS
---=-=-.,..c5'..,...05,...,7_.0,..,,2_ Total LAIMPACT Demands 321 ,101.45
LAIMPACT Law Enforcement Task Force Demands
167519 5,057.02 VERIZON WIRELESS

MULTIPLE
Total 5,057.02

LAI ENFORCEMENT OPERATIONS
1/9/2024
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 ofLAIMPACT activities.

Page 3 of 3 ends

City Council Agenda Packet, Monday, February 5, 2024. Page 21 This page left intentionally blank
City Council Agenda Packet, Monday, February 5, 2024. Page 22 City of La Verne, City Council
Agenda Report
DATE: Febr
uary 5, 2024
TO: May
or and City Council
FRO
M: Christy Lopez, Finance Director
SUBJE
CT: CITY OF LA VERNE TREASURER’S REPORT FOR QUARTER ENDING DECEMBER 31, 2023
____________________________________________________________________________

SUMMARY
The Treasurer’s Report for Quarter ending Dec ember 31, 2023, is submitted for City Council to receive and file per City of La Verne Administrative Regulation Number 215, the Statement of Investment Policy, and the State of California’s Government Code (GC) Section 53646.

RECOM

MENDATION
It is recommended that the City Council receive and file the Treasurer’s Report for the Quarter ending December 31, 2023.

DISCUS
SION
The attached Treasurer’s Report is provided to the City Council per the City of La Verne Administrative Regulation Number 215, Investment Policy, and as provided under the State of California’s Government Code (GC) Section 53646. GC 53646 provides that a quarterly report (or monthly if legislatively elected) may be submitted to the City Council on a quarterly basis. This report details cash and investments held by the City, a statement that the portfolio complies with the Investment Policy and confirms the City’s ability to meet pooled expenditure requirements for the next six months.

As of December 31, 2023, the City had total cash and invested funds (cost basis) of $104,488,364.

Of this amount, $20, 007,007 is held in a fiduciary capacity for the Los Angeles Interagency Metropolitan Police Apprehension Taskforce (LA IMPACT). In addition, the City also has $3,228,587 that is held outside the treasury by a fiscal agent to meet the 1996 Revenue Bond covenant. The City’s portfolio is fully liquid; 72 % ($ 75,762,082) is maintained in on- demand accounts, including those held by the State Local Agency Investment Fund (LAIF).

The investment portfolio conforms to the City’s investment policy and sufficient money is available to meet City obligations due within the next six months.

FIS

CAL ANALYSIS
Not applicable
ENVI

RONMENTAL ANALYSIS
Not applicable
LEGA

L REVIEW
Not applicable
ATTA

CHMENTS
Treasurer’s Report Tables for the quarter ended December 31, 2023 City Council Agenda Packet, Monday, February 5, 2024. Page 23 Par Value Coupon Rate
Moody's/ S&P
Rating
Purchase
Date
Maturity/
Called Date
Days to
Maturity
Yield to
Maturity Cost Basis
Category
Total
Market Value
On Call Deposits
Treasurer Checking Account - US Bank U S Bank 9,770,544 N/A N/A N/A Demand N/A None 9,770,544 9,770,544 L A Impact - US Bank U S Bank 1,382,518 N/A N/A N/A Demand N/A None 1,382,518 1,382,518 PFA La Verne Mobile Country Club (Payments)WFB Wells Fargo 276,464 N/A N/A N/A Demand N/A None 276,464 276,464 PFA La Verne Mobile Country Club (Rents) WFB Wells Fargo 2,500 N/A N/A N/A Demand N/A None 2,500 2,500 PFA Valley Rancho Mobile Home Park WFB Wells Fargo 357,715 N/A N/A N/A Demand N/A None 357,715 357,715 Local Agency Investment Fund - City LAIF 45,984,532 N/A N/A N/A Demand N/A 4.00% 45,984,532 45,984,532 Local Agency Investment Fund - LA IMPACT LAIF 18,624,489 N/A N/A N/A Demand N/A 4.00% 18,624,489 18,624,489 On-Call Deposits 76,398,762 76,398,762 76,398,762
Short-Term Investments (1 Year or Less)
Corporate Notes
Capital One Bk US Bank 245,000 2.70% NA 4/22 4/21/2025 477 2.70% 245,000 237,780 Discover Bk US Bank 244,000 4.80% NA 11/17 4/28/2025 484 4.78% 244,000 243,312 Farmers Ins CD US Bank 248,000 5.00% NA 1/23 1/18/2024 18 5.00% 248,000 247,953 General Electric US Bank 248,000 5.00% NA 1/23 1/30/2024 30 5.00% 248,000 247,926 Goldman Sachs CD US Bank 245,000 2.75% NA 4/22 4/28/2025 484 3.00% 245,000 237,886 Israel Disc US Bank 244,000 4.85% NA 11/17 11/25/2024 330 4.83% 244,000 243,317 JP Morgan MTN US Bank 250,000 3.25% A- 5/13 5/13/2024 134 3.25% 250,000 245,760 Municipal Investments
Riverside Cnty CA US Bank 655,000 4.91% AA 4/22 2/15/2025 412 3.87% 672,999 654,057 US Government Issued Securities
F H L B Debt US Bank 1,000,000 5.00% AAA/AA+ 2/23 3/15/2024 75 5.00% 999,950 999,100 F H L B Debt US Bank 10,000,000 5.25% AAA/AA+ 2/23 2/21/2025 418 5.25% 10,000,000 9,979,800 F H L B Debt US Bank 9,000,000 5.00% AAA/AA+ 2/23 8/27/2024 240 5.00% 9,000,000 8,975,250 Short-Term Investments (1 Year or Less) 22,379,000 22,396,949 22,312,141 Long-Term Investments (2 to 5 Years)
Corporate Notes
American Express US Bank 244,000 4.90% NA 11/17 11/24/2025 694 4.86% 244,000 244,461 Austin Telco US Bank 248,000 5.05% NA 11/15 11/27/2026 1,062 4.97% 248,000 249,049 BMW Bk North US Bank 244,000 4.80% NA 11/17 11/24/2025 694 4.78% 244,000 243,212 City National Bk US Bank 244,000 4.90% NA 11/15 11/24/2025 694 4.86% 244,000 244,461 Goldman Sachs MTN US Bank 250,000 3.00% A2/BBB+ 2/22 2/26/2027 1,153 3.07% 250,000 232,705 Synchrony Bk US Bank 244,000 4.25% NA 11/15 11/18/2027 1,418 4.32% 244,000 239,881 City of La Verne
Investment Detail
For the Month Ended December 31, 2023

Page 1 of 3 ends

City Council Agenda Packet, Monday, February 5, 2024. Page 24 Par Value Coupon Rate
Moody's/ S&P
Rating
Purchase
Date
Maturity/
Called Date
Days to
Maturity
Yield to
Maturity Cost Basis
Category
Total
Market Value
City of La Verne
Invest
ment Detail
For the Month Ended December 31, 2023
Municipal Investments
Barstow CA US Bank 225,000 3.75% A+ 4/22 6/1/2026 883 3.94% 218,653 227,097 US Government Issued Securities
F H L B Debt US Bank 1,000,000 2.50% AAA/AA+ 3/22 3/10/2027 1,165 2.54% 1,000,000 949,020 F H L B Debt US Bank 1,000,000 3.00% AAA/AA+ 4/22 4/21/2027 1,207 3.00% 1,000,000 963,760 F H L M C US Bank 2,000,000 5.25% AA+ 12/22 12/12/2025 712 5.25% 2,000,000 1,992,560 Long-Term Investments (2 to 5 Years) 5,699,000 5,692,653 5,586,206 Total Cash and Investments 104,476,762 104,488,364 104,297,109 Ronald L. Clark

CITY TREASURER
I hereby certify that the investment activity for this reporting period conforms with the current investment policy as set forth in Resolution No. 23-67. Per government code requir
ements, there are adequate funds available to meet the City of La Verne's budgeted and actual expenditures for the next six months.

Page 2 of 3 ends

City Council Agenda Packet, Monday, February 5, 2024. Page 25 Agency #
Maturity Range Debt Corporate # Municipal Maturity
(Years) Securities Notes Investments Schedule LAIF

0.5 10,000,000$ 746,000$ -$ 10,746,000 45,984,532$ 1 10,000,000 244,000 655,000 10,899,000 -

1.5 734,000 734,000 -
2 2,000,000 732,000 225,000 2,957,000 -

2.5 248,000 248,000 -
3 2,000,000 250,000 2,250,000 -

3.5 - -
4 244,000 244,000 -

4.5 - -
5 - - - - - 24,000,000$ 3,198,000$ 880,000$ 28,078,000$ 45,984,532$ #
% of Policy Max In Compliance
Category Portfolio Limit Maturity with Policy
Agency Debt Securities 24,000,000$ 32.4 None 5 years Yes Corporate Notes 3,198,000 4.3 30% 5 years Yes Municipal Investments 880,000 1.2 20% 5 years Yes LAIF (Excludes LA Impact) 45,984,532 62.1 $75,000,000 N/A Yes 74,062,532$
City of La Verne Treasurer's Report
Portfolio Maturity Schedule (shown at redemption value) Investment Policy Compliance
For the Month Ended December 31, 2023
$- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000

0.5 1

1.5 2

2.5 3

3.5 4

4.5 5
In Thousands
Negotiable CDs
Corp. Notes
Agency
Portfolio Maturities

Page 3 of 3 ends

I
City Council Agenda Packet, Monday, February 5, 2024. Page 26 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honor
able Mayor and City Council
FRO
M: Ken Domer, City Manager
SUBJE
CT: AWARD OF CONTRACT FO R DEVELOPMENT IMPACT FEE

EVALUATION
SUMM
ARY
Development impact fees are one- time charges to new development allowed under the State’s Mitigation Fee Act (AB 1600). The City imposes five (5) development impact fees, as applicable, to cover the costs of improvements impacted by the increased demand for new property development projects. To ensure that our current fees are based on a reasonable relationship between need and the development, as well as to modernize the City’s mitigation fees, it is recommended that we evaluate our current fees.

RECOM

MENDATION
It is recommended that the City Council approve an award of contract to David Taussig & Associates for Development Impact Fee evaluation and authorize the City Manager to execute the agreement.

DISCUS
SION
Pursuant to the Mitigation Fee Act (AB 1600) which became law in 1987, the City has adopted five development impact fees to pay a share of future public facility or improvement costs impacted by the increased demand for new property development projects. Fees apply to residential and non- residential development. The amounts per project differ based on varying factors including the size of the land, location of the development, square footage of the buildings, and number of units.

The
City utilizes five (5) development impact fees: the Housing Linkage Fee; Fire Safety Equipment and Facility Equipment Fees (for north La Verne); Underground Utilities Fee; Park Development Fund Fee; and, Storm Drainage Facilities Fee. The table below identifies when each fee was founded. With the exception of the Fire Safety Equipment and Facility Equipment Fee, which has only been collected from the historical development of north La Verne, no other fee has been increased since its inception.

Fee Year Approved
Housing Linkage Fee FY 1993
Fire Safety Equipment & Facility Equipment Fee FY 1987
Underground Utilities Fee FY 1990
City Council Agenda Packet, Monday, February 5, 2024. Page 27 Park, Open Space, Recreation Fee (Park Development
Fund)
FY 2006
Storm Drainage Facilities Fee FY 1987

It is crucial to periodically reassess and update these fees to align with the changing needs and future demands of growth. Updating development impact fees is necessary to accommodate this growth and ensure that new developments contribute their fair share to the expansion and maintenance of essential facilities.

Revisiting these fees allows us
to align them with the actual impacts of development, ensuring that the fee is reasonably related to the cost of the service provided.

Bid Process

On December 6, 2023, a Request for Proposals (RFP) was published on PlanetBids for a development impact fee evaluation to assess them as far as meeting the City’s needs, update if needed, and propose additional or modify existing development impact fees. At the bid due date on January 18, 2024, 2 bids were received from the following qualified firms (listed in alphabetical order):

• David Taussig and Associates, Inc.
• Harris & Associates, Inc.

The bids were reviewed by an inter departmental committee to assess experience and expertise, methodology, references, and cost. Each section was rated independently by each committee member and each section given equal ranking through a forced ranking process. Based on this assessment, David Taussig & Associates’ (DT&A) proposal best fits the needs of the City.

DT&A, a seasoned public finance and urban economics consulting firm, has been in operation for over 35 years. Specializing in infrastructure and public services finance, DT&A has successfully delivered financial consulting services to over 500 agencies, including more than 50 in California.

The committee acknowledged DT&A's extensive experience in fee models and their thorough understanding of State government codes regulating such studies. Impressed by their track record, the panel noted that DT&A's Development Impact Fee evaluations have consistently adhered to State regulations and withstood legal scrutiny, with none of their previous studies facing litigation.

For the upcoming impact fee evaluation, DT&A will deploy a local team from their Irvine office, led by David Taussig, Chairman/Managing Director, as Principal -In-Charge. The assigned team members boast a collective experience of over 125 years, ensuring a comprehensive and knowledgeable approach to the project.

City Council Agenda Packet, Monday, February 5, 2024. Page 28 DT&A submitted the lowest bid for the project, offering their services at $61,700. This includes the provision for additional in-person meetings as needed, with a separate cost of $1,500. In comparison, Harris and Associates submitted a bid of $78,240, wit h additional in-person meetings incurring a cost of $3,400.

Should the City Council award the contract to David Taussig & Associates, the start of work is intended to be in early March. The project will be completed in the late summer .

David Taussig & Associates will assess the City’s various planning documents, projected future population and housing needs, and facility updates to assess potential changes to the City’s Development Impact Fees. Based on these findings, David Taussig & Associates will provide a report and implementation guideline to City staff, which will also be presented at a Planning Commission meeting and City Council Meeting for approval.

FISCAL ANALYSIS
The cost of the Development Impact Fee evaluation agreement with DT&A will be $61,700 with possible additional costs as requested by the City for additional in-person meetings. There are sufficient appropriations in the Fiscal Year 2023-24 Adopted budget within the General Fund to cover the cost of the study at $61,700 as there are savings in the Department of Finance budget due to a position vacancy.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
The City Attorney has reviewed and approved this report.

ATTACHMENTS

1. Development Impact Fee Evaluation RFP

2. Bids Analysis

3. David Taussig & Associates’ Proposal

4. Professional Services Agreement

Report Prepared By:

Andrea Blockinger, Administrative Analyst

City Council Agenda Packet, Monday, February 5, 2024. Page 29

REQUEST FOR PROPOSALS (RFP)

DEVELOPMENT IMPACT FEE

EVALUATION

PROPOSALS MUST BE RECEIVED BY
5:00 PM ON THURSDAY, JANUARY 18,
2024

City of La Verne
3660 “D” Street
La Verne, CA 91750

CITY oi

LAVERNE
City Council Agenda Packet, Monday, February 5, 2024. Page 30

Page 2 of 7 ends

RFP Issue Date: Wednesday, December 6, 2023
Proposal Name: Development Impact Fee Evaluation

Proposal Due Date: Thursday, January 18, 2024 by 5:00 PM Questions: Please direct any questions or concerns to the City Clerk’s Office at [email protected] in writing by 5:00 PM on Thursday, December 28, 2023. Only questions with
“Development Impact Fee Program Evaluation” in the
subject line will be accepted. Answers to submitted
questions will be posted on the City’s website.

Proposal Submitted To: Proposals must be submitted electronically for the exact item(s) requested in the RFP specifications. Proposals
must be submitted through Planet Bids at:
https://pbsystem.planetbids.com/portal/45040/portal-home

Due Date and Delivery:

Proposals are to be submitted electronically online. Electronic bid system will close exactly at the date and time set forth in this RFP , 5:00 PM, on Thursday, January 18, 2024. All applicable forms required to be completed per the RFP shall be submitted electronically prior to the RFP deadline. Hard copies will not be accepted. It is the Proposer’s sole responsibility to ensure that their proposal is received as specified.

Proposals may be submitted earlier than the date(s) and time(s) indicated.

Proposals must be submitted through Planet Bids at:
https://pbsystem.planetbids.com/portal/45040/portal-home

City Council Agenda Packet, Monday, February 5, 2024. Page 31

Page 3 of 7 ends

TABLE OF CONTENTS

SECTION I: GENERAL INFORMATION 4
A. BACKGROUND 4
B. OBJECTIVE 4
SECTION II: SCOPE OF WORK 4
SECTION III: PROPOSAL SUBMITTAL REQUIREMENTS 5
A. TENTATIVE SCHEDULE OF EVENTS 5
B. SUBMISSION OF PROPOSALS 5
SECTION IV: PROPOSAL EVALUATION 6
SECTION V: GENERAL TERMS AND CONDITIONS 6
SECTION VI: ENCLOSURES 7

City Council Agenda Packet, Monday, February 5, 2024. Page 32 City of La Verne
Development Impact Fee Evaluation RFP

Page 4 of 7 ends

SECTION I: GENERAL INFORMATION

A. BACKGROUND
The City of La Verne is located along the foothills of the San Gabriel and Pomona Valleys. La Verne was founded in 1887 and incorporated in 1906, is approximately 35 miles east of Los Angeles, and has a population of over 33,000. The City maintains a council-manager form of government in whic h the City Council develops and establishes ordinances and policies in the best interest of its citizens.

Pursuant to the La Verne Municipal Code and the City’s adopted fee resolution, property developers are required to pay their share of future public facility or improvement costs impacted by the increased demand of new property development projects. Fees apply to residential and non-residential development. The amounts per project differ based on varying factors including the size of the land, location of the development, square footage of the buildings, and number of units. Specific amounts for each fee and the methodology determining the charge are included in the City’s Comprehensive Fee Schedule identified in Resolution 23-33.

B. OBJECTIVE
The City of La Verne is seeking a qualified firm to review the City’s existing Development Impact Fees, evaluate them as far as meeting the City’s needs, update if needed, and upon the City’s needs, propose additional or modify existing Development Impact Fees. The City currently assesses impact fees on new residential, commercial, and industrial development to mitigate the fiscal impact on the Housing Linkage Fee, Fire Safety Equipment and Facility Equipment Fees, Underground Utilities Fee, Park Development Fund Fee, and Storm Drainage Facilities Fee.

SECTION II: SCOPE OF WORK
The Scope of Work shall include, but is not limited to the following:

• Evaluate the City’s Development Impact Fees and update, modify, or propose additional Development Impact Fees if needed to ensure there is appropriate funding based on current and future impacts on City services, staffing, equipment, and facilities from any new residential, commercial, industrial, or other developments.
• Prepare a report summarizing the analysis, assumptions, and conclusions. • Attend City Council meeting (s) with a PowerPoint presentation to discuss the findings and recommendations.

City Council Agenda Packet, Monday, February 5, 2024. Page 33 City of La Verne
Development Impact Fee Evaluation RFP

Page 5 of 7 ends

• Attend at least one (1) Planning Commission meeting to present and explain final report.
• Provide suggestions on how to properly implement the changes. • Prepare a final report and provide eight (8) bound copies and a PDF file of the Development Impact Fee Evaluation that can be made available to City Staff, Council and Committee members. Models, tables, and graphs should be provided in Excel.

SECTION III: PROPOSAL SUBMITTAL REQUIREMENTS

A. TENTATIVE SCHEDULE OF EVENTS
Below is the desired schedule for initiation of his project; however, dates may be subject to change and adjusted as necessary:

RFP Issued December 6, 2023
Deadline for Written Questions December 28, 2023
Response to Questions January 11, 2024
Proposal Submittal Deadline January 18, 2024
Review of Proposals January 2024
Council Review and Approval February 2024
Contract Start Date March 2024

B. SUBMISSION OF PROPOSALS
One (1) copy of the Proposal must be submitted to the City Clerk’s Office no later than 5:00 PM on January 18, 2024 as listed in Section A in the Tentative Schedule of Events.

The Proposal must be submitted to:

City of La Verne
Attn: City Clerk’s Office
3660 “D” Street
La Verne, CA 91750

The Proposal shall include the following:

1. Cover Letter
i. Maximum of two (2) pages

2. Executive Summary
i. In brief, provide a summary as to why the firm is qualified to perform this work.
ii. Describe the proposed solution by setting forth the overall approach and plans to meet the requirements of the RFP .

City Council Agenda Packet, Monday, February 5, 2024. Page 34 City of La Verne
Development Impact Fee Evaluation RFP

Page 6 of 7 ends

3. Experience
i. Provide experience the firm has had in creating development impact fee studies to other governmental agencies and the firm’s ability to meet the Scope of Work.

4. Scope of Work
i. Provide a detailed description of the approach and methodology to be used in this RFP .
ii. Provide a project timeline designed to meet the requirements of the City.
iii. Provide a detailed description of the firm’s quality control procedures that ensures all work products delivered to the City are of high quality.

5. References
i. Provide at least three (3) references using the same services being proposed. Please include the contact person’s name, title, agency, phone, and email address.

SECTION IV: PROPOSAL EVALUATION
All proposals received will be evaluated by an RFP Evaluation Committee. During the evaluation process, the City will review proposals to ensure that the minimum requirements of the RFP are met and evaluated on the following criteria:

 Experience and Expertise
o Previous related work experience and qualifications in the subject area of personnel assigned
o Quality of the firm’s professional personnel to be assigned to the engagement o Responsiveness to the City’s needs, including availability of professional personnel assigned
 Methodology
o Proper submission of proposal
o Demonstrates clear understanding of the Scope of Work o Adequacy of implementation plan, sampling techniques, analytical procedures o Demonstrated ability to stay on schedule
 Cost
o Reasonableness of fees and cost proposal
 Review of references
o References and recommendations of previous clients
o History and performance of firm/project team on similar projects

SECTION V: GENERAL TERMS AND CONDITIONS

City Council Agenda Packet, Monday, February 5, 2024. Page 35 City of La Verne
Development Impact Fee Evaluation RFP

Page 7 of 7 ends

1. Read all Instructions. Please read the entire RFP and all enclosures before preparing your proposal.

2. Proposal Costs. Costs for developing proposals are entirely the responsibility of the proposer and shall not be charged to the City.

3. Proposal Becomes City Property . The RFP and all materials submitted in response to this RFP will become property of the City.

4. Selection of Vendor. The selection of a vendor will be memorialized in the form of a City Agreement (See Section VI – Enclosures), authorized by a resolution of the City Council and signed by both parties.

Once a vendor is selected, the Agreement with that vendor must still be negotiated and submitted to the City Council for approval, and there is no contractual agreement between the selected vendor unless and until the City Council accepts and signs the Agreement.

5. Insurance. The City of La Verne requires a certificate of insurance prior to the commencement of any work. Upon successful selection, the consultant has three (3) business days to provide the certificate of insurance to the City.

6. Incomplete Proposals May be Rejected. If a Proposer fails to satisfy any of the requirements identified in this RFP , the Proposer may be considered non - responsive and the proposal may be rejected.

SECTION VI: ENCLOSURES
Enclosure 1 Standard City Agreement
Enclosure 2 Resolution No. 23-33 City of La Verne 2023-24 Comprehensive Fee Resolution

Enclosure 3 Development Impact Fee Report for Fiscal Year ending June 30, 2023

City Council Agenda Packet, Monday, February 5, 2024. Page 36 Development Impact Fee RFP Bids Analysis
Project Cost
DTA Harris & Associates
Project Cost $61,700 $78,240

Reference Check Analysis
DTA (3/5 Received) Harris & Associates (2/4 Received)
On Budget Yes (1 in-progress) Yes
Within the Timeline Yes (1 lists setbacks due to
new legislation)
Yes
Met Expections Strongly agree Strongly agree
EƯective Deliverables Strongly agree Strongly agree
Timely
Communication
Strongly agree Strongly agree
EƯective Leaders/
Communicators
Strongly agree (1 somewhat
agree)
Strongly agree
Would you select
them again
Yes Yes
Primary Manager 2 Kuda Wekwete & 1 Richard
Ruiz
Megan Quinn
Additional Feedback DTA very knowledgeable &
have been hired to do
additional projects after DIF
update
Happy with their performance &
worked with them on many projects.

Overall Rating
Rating was listed in rank order (1 or 2) for the four categories – experience, methodology, personnel qualiﬁcations, and cost. These ranks were then averaged to make the overall rating.

DTA Harris & Associates
Rater 1 1 2
Rater 2 1.25 1.75
Rater 3 1 2
Rater 4 1 2
Rater 5 1.25 1.75

Findings 1.1 1.9

City Council Agenda Packet, Monday, February 5, 2024. Page 37 City Council Agenda Packet, Monday, February 5, 2024. Page 38

www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
CITY O

F LA VERNE

DEVELOPMENT IMPACT FEE EVALU A TION
PROPOSAL SUBMISSION DEADLINE:

JANUARY
18, 2024, AT 5:00 P.M.

Prepared for:

City o
f La Verne
3660 D
Street
La Verne, CA 91750
Attention: City Clerk
Project Contact:

Kuda W
ekwete
Managing Director, DTA
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
Phone: (800) 969-4DTA x204
dta
City Council Agenda Packet, Monday, February 5, 2024. Page 39

www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
City Clerk Januar y 18, 2024
City of La Verne
3660 “D” Street
La Verne, CA 91750
E-Mail:

RE: Request for Proposals (“RFP”) for a Development Impact Fee E valuation
To Whom
it May Concern:

DTA, formerly David Taussig & Associates, is pleased to submit this proposal to the City of La Verne (the “City”). It is our understanding that the City is seeking a qualified firm to review the City’s existing Development Impact Fees (“DIFs”), evaluate the DIFs to ascertain if they meet the City’s needs, update the DIFs (if needed), and propose additional or modify existing DIFs, if applicable. The Assembly Bill (“AB”) 1600 DIF Nexus Study (“Fee Study”) would recommend the appropriate fee justification methodology and fee levels to support specific types of City-selected capital facilities needed to serve new growth. The City currently assesses impact fees on new residential, commercial, and industrial development to mitigate the fiscal impact on the Housing Linkage Fee, Fire Safety Equipment and Facility Equipment Fees, Underground Utilities Fee, Park Development Fund Fee, and Storm Drainage Facilities Fee.

With respect to DIF Nexus Studies, each of DTA’s AB 1600 studies includes a cost-benefit analysis and the determination of nexus between the facilities financed and specific financing mechanism, which in this case would be the DIF(s). DTA has prepared approximately 500 fee justification studies to date for a variety of public improvements, including transportation, water, sewer and flood control facilities, fire and police stations, parks, libraries, and other types of infrastructure.

In recent years, our firm has prepared AB 1600-compliant DIF justification studies for the Cities of Anaheim, Blythe ,
Brawley, Calexico, Campbell, Cathedral City, Cerritos,
Chino
Hills, Colton, Coronado, Costa Mesa, Daly City,
Desert Hot Springs, Fontana, Fowler, Hesperia, King City, L os Banos, Mammoth Lakes, Palo Alto, Pasadena, Paso Robles, Perris, Redlands, San Francisco, San Ja cinto, San Jose, San Luis Obispo, Temple City, Torrance, Tustin, Upland, Victorville, and Yucaipa, and the Counties of Fresno, San Bernardino, San Jose, San Luis Obispo, Santa Barbara, Shasta, and Yuba, amo ng others.

In addition to the above, most recently, DTA has been rehired by the County of San Bernardino and hired by the Cities of Coronado, Daly City, Redlands, Redwood City, San Jose, Upland, and Yucaipa to prepare comprehensive fee updates in compliance with AB 602. DTA
has closely followed the evolution of AB 602 and is prepared to implement recently amended Government Code Sections 65940.1 and 66019 and the added Section 66016.5, as necessary. As the City will be adopting its new DIF ordinance after July 1, 2022, we have included a discussion of AB 602 and our experience in other states with similar impact fee requirements in the enclosed proposal.

All services for this engagement will be provided out of DTA’s corporate offices in Irvine, CA. DTA staff members have considerable experience working on fee models for a variety of public improvements and will take a hands-on, detail-oriented approach with an emphasis on accuracy, efficiency, and reliability. As a result, from unique deadlines to fluid, potentially changing priorities, DTA is ready to hit the ground running with David Taussig as the proposed Principal-in-Charge.

dta
CrtyClerl<©CityofLaYeme,org:

City Council Agenda Packet, Monday, February 5, 2024. Page 40

www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
As described in greater detail in the attached proposal, DTA is a public finance consulting firm with office
s in Irvine, San Jose, San Francisco, and Riverside, California, as well as Dallas and Houston, Texas, Raleigh, North Carolina, and Tampa, Florida. Since its establishment in 1985, DTA staff has completed consulting assignments for more than 3,000 clients in 22 states. During this period, the firm has been involved in the formation of more than 2,000 public finance districts, with total bond authorizations exceeding $75 billion. Our
financing programs have utilized a variety of
public financing mechanisms, such as
Assessment Districts (“ADs”), Community
Facilities Districts (“CFDs”), Enhanced
Infrastructure Financing Districts (“EIFDs”), Certificates of Participation, Tax Allocation Bonds, Sewer and Water Revenue Bonds, Marks-Roos Bond Pools, Landscaping and Lighting Districts (“LLDs”), Integrated Financing Districts, and various types of fee programs. DTA is licensed and registered with the U.S. Securities and Exchange Commission (“SEC”) and Municipal Sec urities Rulemaking
Board (“MSRB”) as a Municipal Advisor (No. 867-01160) and follows all the fiduciary requirements associated with this designation.

DTA’s d
iverse and multidisciplinary project team for this project has the breadth of experience required to provide impact fee consulting services in a professional and timely manner. I, David Taussig, Chairman/Managing Director, would be the Principal-in-Charge and have the City’s primary account responsibility. I would be assisted by Kuda Wekwete, a Managing Director at DTA, Steve Runk, P.E., Vice President of Engineering Services at DTA, and Richard Ruiz, a Manager at DTA, in addition to other support staff.

Mr. Wekwete, who will serve as the Project Manager, holds a Series 50 license as a Municipal Advisor with the SEC/MSRB under rules promulgated following the Dodd-Frank Act in 2010. Brief resumes for each of our team members are included in Section II of this proposal. Key personnel will be available to the extent proposed, or designated by the City, for the duration of the project and no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City. All personnel will be available full-time (100%) for the duration of the project and a proposed schedule can be found in Section III.

If you have questions regarding this proposal, please feel free to call me or Kuda Wekwete at (800) 969-4DTA. We look forward to having the opportunity to work with the City on this engagement.

Best Regards,

David Taussig
Chairman/Managing Director
Phone: (800) 969-4DTA

dta
David@Finance OT A.com
City Council Agenda Packet, Monday, February 5, 2024. Page 41

TABLE

OF CONTENTS

SECTION PAGE
I EXECUTIVE SUMMARY ...................................................... 1 II EXPERIENCE AND EXPERTISE .......................................... 4 A DIF-Specific Experience ................................................... 4 B Key P
ersonnel Qualifications...... .................................... 6

III SCOP
E OF WORK ................................................................ 1 A Project Approach ...... ........................................................ 1 B Proposed Scope of Work ...... ........................................... 2 C Project Management Services and Quality
Contro
l Procedures ........................................................... 6 D Information to be Provided by the City ...... ................. 8 E Project Schedule...... .......................................................... 9

IV COST
PROPOSAL .............................................................. 10 A Limitations ...... .................................................................. 12

V REFERE
NCES ...................................................................... 13 A City of Paso Robles ...... ................................................... 13 B City of Yucaipa ...... ........................................................... 13 C City of Torrance ...... ........................................................ 14 D City of Colton ...... ............................................................. 14 E City of Fontana ...... .......................................................... 14

VI EXCEP
TIONS...................................................................... 15

~ dta
• 0
"~ ~
6'. O O it-'\ ,.

City Council Agenda Packet, Monday, February 5, 2024. Page 42 1 SECTION I

EXECUTIVE SUMMARY

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com

EXECUT IVE SUMMARY
DTA is pleased to submit this proposal to the City of La Verne (the “City”). It is our understanding that t
he City is seeking a qualified firm to review the City’s existing DIFs, evaluate the DIFs to ascertain if they meet the City’s needs, update the DIFs (if needed), and propose additional or modify existing DIFs, if applicable. The AB 1600-compliant Fee Study would recommend the appropriate fee justification methodology and fee levels to support specific types of City-selected capital facilities needed to serve new growth. The City currently assesses impact fees on new residential, commercial, and industrial development to mitigate the fiscal impact on the Housing Linkage Fee, Fire Safety Equipment and Facility Equipment Fees, Underground Utilities Fee, Park Development Fund Fee, and Storm Drainage Facilities Fee.

DTA brings a practical perspective combined with real-world experience in working with municipalities, which gives us the ability to understand and communicate with all stakeholders throughout the process. Regarding our engagement approach, we will work closely with City leadership to engage with property owners, business owners, and community leaders to understand any issues or pressure points, as well as what is envisioned for the future. DTA staff members have considerable experience working on fee models for a variety of public
improvements and will take a hands-on, detail-oriented approach with an emphasis on accuracy, efficiency, and reliability. As a result, from unique deadlines to fluid, potentially
changing priorities, DTA is able to begin work with minimal notice.

DTA is
a public finance and urban economics consulting firm specializing in infrastructure and public services finance. Our firm, which was founded in 1985, provides public finance consulting services to both public and private sector clients. We have offices in Irvine, San Francisco, San Jose, and Riverside, California, as well as Dallas and Houston, Texas, Raleigh, North Carolina, and Tampa, Florida. Additional information on DTA is available on our website ( ).

DTA has been performing public facilities fee consulting se rvices for over 36 years, since DIFs
were enacted in 1987 under AB 1600 by the California Legislature and codified under California Government Code §66000 et seq., also called the Mitigation Fee Act (the “Act” or “AB 1600”).

DTA has extensive experience preparing DIF studies that ha ve complied with Section 66000
et seq. of the Government Code and withstood legal scrutiny to t he extent that none of our prior studies have been subject to any litigation.

DTA ha
s a diverse, multidisciplinary staff of approximately 50 employees, all of whom are directly involved solely in public finance. Staff members come from backgrounds in several fields, including land development, public administration, civil engineering, investment banking, economic consulting, redevelopment, law, non-profit administration, and land use planning.

This diversity of experience and expertise allows DTA to meet a wide variety of challenges related to both the actual work product and client management. DTA’s staff members have considerable experience in computer-based financial analyses and modeling, which is a key component of the firm’s consulting services. This ensures that the development of any computer model(s) utilized in the City’s potential Fee Study will be in experienced hands.

dta
www.FinanceDTA.com
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City Council Agenda Packet, Monday, February 5, 2024. Page 43 2 SECTION I

EXECUTIVE SUMMARY

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
DTA has assembled a project team for the City with the breadth of experience required to provide
impact fee consulting services in a professional and timely manner. This project would be primarily handled out of DTA’s Irvine office located at 18201 Von Karman Avenue, Suite 220, Irvine, CA 92612. Davi
d Taussig, Chairman/Managing Director, , would be the Principal-in-Charge and have the City’s primary account responsibility. He would be assisted by Kuda Wekwete, a Managing Director at DTA, Steve Runk, P.E., Vice President of Engineering Services at DTA, and Richard Ruiz, a Manager at DTA, in addition to other support staff.

Since its formation in 1985, DTA has assisted over 3,000 public and private sector clients in meeting their infrastructure and public services goals. DTA has been licensed and registered with the SEC and MSRB as a Municipal Advisor (No. 867-01160) and is following all the
fiduciary requirements associated with this designation.

DT
A’s co
nsulting services include the following:

Proposition (“Prop”) 218 and AB 1600-compliant impact fee studies; Public infrastructure and public services financing strate gies; Assessment engineering and special tax consulting;
Annual administration of ADs and CFDs;
Public-private partnerships;
EIFD formation and ongoing management;
Fiscal and economic impact analyses;
Clean Energy Bonds;
Federal and state grant, loan, and tax credit applications; Economic development and revitalization studies; and
Public
improvement construction management services.

DTA has
been involved in the formation of over 2,000 public finance districts, with total authorized bonded indebtedness over $75 billion. Our financing programs have utilized a variety of public financing mechanisms, such as CFDs, 1913/1915 Act ADs, 1972 Act LLDs, EIFDs, Certificates of Participation, Tax Allocation Bonds, Sewer and Water Revenue Bonds, Marks-Roos Bond Pools, Integrated Financing Districts, and various types of fee programs. DTA’s level of experience with special district formations is unequaled as our firm is the State of California’s leading special tax and assessment consultant, having prepared special tax and assessment formulas on behalf of public agencies for the establishment of over 1,500 CFDs, ADs, and LLDs . DTA also has considerable experience establishing a variety of financing districts and property owner associations for the purpose of funding public service shortfalls created by new development.

On a Statewide basis, DTA has planned and implemented Public Facilities Financing Plans (“PFFPs”) that have ranged from the quantitative analysis of a single financing mechanism for an individual facility to the preparation of a comprehensive financing plan covering multiple facilities and public services through a series of financing mechanisms. Our financial analyses provide public officials, landowners, and other interested parties with the level of information needed to make fully informed decisions regarding land use, infrastructure, and public services financing issues. DTA staff has extensive experience working with various stakeholder groups, including public agencies, public agency municipal staff, residents, local chapters of the Building dta
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City Council Agenda Packet, Monday, February 5, 2024. Page 44 3 SECTION I

EXECUTIVE SUMMARY

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Industry Association (“BIA”), local Chambers of Commerce, and other interested parties.

DTA’s s
pecial assessment formulas, some of which have been in use since 1985, are based on a variety of methodologies that have withstood the test of time and legal scrutiny. Our firm’s objective has been to take a balanced approach and utilize innovative and state-of-the-art techniques that enable all parties to receive the maximum benefit from public financing. DTA’s knowledge and experience have enabled our firm to maximize the capacity of land-secured financing programs while minimizing burdens on homebuyers and other property owners.

DTA has earned the trust of public agencies, bond investors, and other industry participants.

Our name is synonymous with quality, accuracy, and responsiveness. Our clients understand there is a quantifiable difference to our consulting services that gives us a clear edge over the competition.

DTA is committed to excellence and innovation, which allows us to attract and retain the most experienced and knowledgeable personnel in the industry. We have an enviable reputation for producing high-quality work in a quick and efficient manner to correspond with even the most aggressive project schedule. DTA’s clients also receive high levels of personal attention from senior staff, with a Principal, Managing Director, Senior Vice President, or Vice President always available to meet with public agency staff and other groups. Perhaps DTA’s most outstanding qualification is the dedication and loyalty of the senior employees in our firm, many of whom have worked for DTA for 15-30 years, enabling our clients to count on the same personnel year after year on the job. As a result, DTA can offer a level of management expertise that is unequalled throughout the fields of public finance and special tax consulting. In fact, every DTA engagement is led by a Principal, Senior Vice President, or Vice President with at least 15 years of experience with our firm.

The result of this experience and expertise is that in 38 years of work establishing over 2,000
financing districts and bond programs, DTA has never once been sued. Our qu ality control is without peer and one of the key components in ensuring our firm’s success. DTA continues to seek innovative solutions and refine our work product to better serve and protect our clients. dta
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City Council Agenda Packet, Monday, February 5, 2024. Page 45 4 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com

EXPERI ENCE AND EXPERTISE
A DIF-Specific Experience
As not
ed
previously, DTA has been performing public facilities fee consulting services since DIFs were enacted under AB 1600 by the California Legislature and codified under California Government Code §66000 et seq., also referred to as the Mitigation Fee Act. DTA has extensive experience preparing DIF studies that have complied with Section 66000 et seq. of the Government Code and withstood legal scrutiny to the extent that none of our prior studies have been subject to any type of litigation.

DTA has prepared approximately 500 fee justification studies to date for a variety of public improvements, including transportation, water, sewer and flood control facilities, fire and police stations, parks, libraries, school facilities, and other types of infrastructure. Regarding the land
valuation calculations that apply to Park Impact Fees and/or Quimby in-lieu fee calculations, DTA staff accesses multiple data resources and employs a variety of analytical strategies to ensure that the final recommended land valuation is one that properly smooths out the data to address the dramatic high and low figures that can be common in the Los Angeles County real estate market. We subscribe to the CoStar real estate database that provides us with current and historical sales prices and lease rates for all local real estate transactions.

dta
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EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
In recent years, our firm has prepared AB 1600-compliant DIF justification studies for the munic i
palities listed below, among others. Most recently, DTA has been hired by the County of San Bernardino and Cities of Coronado, Daly City, Fontana, Ione, Redlands, Redwood City, Rialto, San Jose, Upland, and Yucaipa to prepare comprehensive fee updates in compliance with AB 602. Conta
ct information for any of our clients listed below can be provided upon request.

City of Anaheim; City of San Jacinto;
City of Blythe; City of San Jose;
City of Brawley; City of San Luis Obispo;
City of Calexico; City of Santa Ana;
City of Campbell; City of Soledad ;
City of Cathedral City; City of South San Francisco;
City of Cerritos; City of Torrance;
City of Chino; City of Tustin;
City of Chino Hills; City of Upland;
City of Colton; City of Victorville;
City of Costa Mesa; County of Colusa;
City of Cypress; County of Fresno;
City of Desert Hot Springs; County of Kings;
City of Escalon; County of Pasadena;
City of Firebaugh; County of Riverside;
City of Fontana; County of San Bernardino;
City of Fowler; County of San Francisco
City of Glendale; County of San Luis Obispo;
City of Hesperia; County of Santa Barbara;
City of Ione; County of Santa Clara Fire Department;
City of Kingsburg; County of Shasta;
City of Lakeview; County of South Santa Clara Fire District; City of Live Oak; County of Yuba;
City of Los Banos; Town of Loomis;
City of Manteca; Town of Mammoth Lakes;
City of Napa; Beaumont Cherry Valley Recreation and Parks District; City of Palo Alto; Denair Community Services District; City of Pasadena; El Dorado Hills Community Services District; City of Paso Robles; El Dorado Hills Fire Department;
City of Perris; Jurupa Area Recreation and Park District; City of Red Bluff; San Gorgonio Memorial Hospital;
City of Redlands; San Gorgonio Pass Water Agency; and City of San Bernardino; South Yuba Transportation Improvement Authority .

City of San Francisco;

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City Council Agenda Packet, Monday, February 5, 2024. Page 47 6 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
B Key Personnel Qualifications
DTA h
as
assigned personnel to this project who bring experience and technical expertise to each unique element of study. Our team organization is illustrated below. Project roles of our key team members are described below and followed by professional biographies. All personnel will be available full-time (100%) for the duration of the project. DTA does not anticipate employing the services of a subcontractor for any portion of the Cit y’s requested services.

Figure 1: Team Organization Chart

DTA h a
s assembled a project team with the breadth of experience required to assist the City with preparing the Fee Study. This project would be primarily handled out of DTA’s Irvine office. Mr. Taus sig will serve as the Principal-in-Charge of DTA’s project team and handle primary account responsibilities for this engagement. Mr. Taussig will attend meetings as necessary and supervise all project staff.

Mr. Wekwete will serve as the Project Manager for the DTA team and be the City’s primary point of contact throughout this engagement. Mr. Wekwete will oversee all day-to-day activities and attend all meetings. This will include scheduled meetings with City staff at which he will provide regular updates regarding progress and any problems that have arisen. In addition, Mr. Wekwete will be setting up conference calls with City staff and other interested parties whenever necessary. He may schedule these conference calls once per month on a date in-between any scheduled meetings with City staff.
dta
Steve Runk. P.E.

Vice Prnsldent
(Engineerlng)
-dta
WWW AnanctOTA.com
Richard Rutz. Jr
Manager
ff ask Specialist)
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City Council Agenda Packet, Monday, February 5, 2024. Page 48 7 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Mr. Wekwete will handle the ongoing execution and completion of the entire Scope of Work and match
DTA’s work and deliverables with the City’s needs and objectives. He will also manage the work of DTA’s project team, including leading data collection efforts, directing the development of our technical model, providing senior-level analysis, reviewing progress and work products with City staff and stakeholders, presenting study findings at project meetings, and finalizing study documentation. Mr. Wekwete will be assisted in these tasks by Mr. Ruiz and other support staff.

Mr. Runk will provide engineering expertise, assist in the selection of facilities to be included on the needs list, prepare and/or review facilities cost estimates, and contribute to the apportionment analysis of specific facilities to be included in the fee program.

Key personnel will be available to the extent proposed, or designated by the City, for the duration of the project and no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City. In addition, DTA is not behind schedule or past the completion date for any active projects and has a long history of delivering projects on a timely basis and adhering to agreements.

We have an enviable reputation for producing high-quality work in a quick and efficient manner to correspond with even the most aggressive project schedule. DTA’s clients also receive high levels of personal attention from senior staff, with a Principal, Managing Director, Senior Vice President, or Vice President always available to meet with public agency staff and other groups.

B.1 DTA Team Biographies
David Taussig
Chairma n/
Managing Director |
Project Role – Principal-in-Charge
Mr. Tau
ssig has over 45 years of experience in the fields of real estate finance and urban economics. His areas of expertise include municipal finance programs for infrastructure and public facilities development, fiscal and redevelopment impact analyses, and land development project feasibility studies.

Mr. Taussig has an extensive background in computerized financial analyses.

Since founding DTA in 1985, Mr. Taussig has developed several state-of-the-art analytical methods and modeling approaches, in addition to directing the formation of over 1,000 public financing districts and
subsequent sale of tax-exempt municipal bonds.

These districts have funded public infrastructure
and services for many types of residential and
non-residential development and included
several hundred master-planned communities built throughout California and in several other western states. Mr. Taussig’s work has involved both the preparation and implementation of financing plans and his public sector clients have included virtually every major urban county and city within California and hundreds of special districts. He has provided similar consulting services to many of the largest land development firms in the State of California. The financing programs Mr. Taussig has over 45 years of experience in the
fields of real estate finance and urban economics. He
has assumed project management responsibilities for
several hundred AB 1600 DIF justification studies.
dta
[email protected]
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City Council Agenda Packet, Monday, February 5, 2024. Page 49 8 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
implemented by Mr. Taussig have ranged from land-secured CFDs to redevelopment tax increment progra
ms and lease revenue-based Certificates of Participation. He is also responsible for DTA’s successful efforts related to funding opportunities under various tax credit programs.

Mr. Taussig has also overseen the preparation of numerous f easibility and impact studies involving computerized analyses of project cash flows and/o r impacts on public agencies and landowners. He has assumed project management responsibili ties for several hundred AB 1600 DIF justification studies, including recent studies prepared on behalf of the Cities of Blythe, Cathedral City, Chino Hills, Coachella, Fontana, Palo Alto, Paso Robles, Perris, San Jose, Temple City, Torrance, Tustin, and Victorville and the Counties of Riverside, San Bernardino, San Luis Obispo, and Santa Barbara. He ha
s also handled the preparation of over 100 fiscal impact studies utilized by public agencies to determine the impact of new development or annexations on a municipality.

Prior to establishing his own firm, Mr. Taussig was the Director of Finance for Gfeller Development Company, where he handled all take-out and construction financing for the company’s residential projects and infrastructure. He also prepared development project proformas that were used by prospective lenders and joint venture partners to evaluate the company’s proposed projects.

Mr. Taussig was previously employed for 6 years by Mission Viejo Company (“MVC”) where, as the Manager of Housing and Community Development, he was involved in the planning and financing of two planned communities encompassing over 50,000 homes. Mr. Taussig handled a substantial portion of MVC’s mortgage and infrastructure financing during that period. He also worked for 5 years in the public sector as the Administrator of a Federal housing and community development program and as a Land Use Planner. Mr. Taussig’s educational background includes a master’s degree in city planning from the University of California at Berkeley and B.A. in economics from Cornell University. He received full certification from the American Institute of Certified Planners in 1982.

Mr. Taussig and the firm are a registered Municipal Advisor with the SEC/MSRB. He holds a Series 54 license as a Principal Municipal Advisor and Series 50 lice nse as a Municipal Advisor under
regulations promulgated by the SEC and MSRB. Even after 45 years of experience in the industry, to this day, he continues to seek innovative answers to the industry’s biggest questions and contributes to the development of public finance and development-related legislation. In addition, he is an active member of the Urban Land Institute’s (“ULI’s”) Na tional Council for Public-Private Partnerships (“NCPPP”) and advocates and facilitates the formation of public-private partnerships at Federal, state, and local levels.

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City Council Agenda Packet, Monday, February 5, 2024. Page 50 9 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Kuda Wekwete
Managi n
g Director |
Project Role – Project Manager
Since j
oining DTA in 2005, Mr. Wekwete has been involved in all aspects of the formation and implementation of special districts to fund infrastructure and services, as well as the sale of over $300 million in CFD bonds. His work has involved the preparation of tax spreads and overlapping debt analyses for the formation and/or sale of bonds for over 175 special districts established throughout California. In this role, Mr. Wekwete has prepared Rates and Methods of Apportionment (“RMAs”), CFD and Engineer’s Reports, and documents required for the formation of CFDs, sale of property, and annual levying of special taxes.

He has also been responsible for preparing PFFPs involving CFDs and other public finance mechanisms.

In addition, Mr. Wekwete has been actively involved in the preparation of dozens of impact fee studies, especially in the area of transportation infrastructure costing, and apportionment of these costs over various land use types based on benefit criteria. His engineering background has enabled him to assist DTA’s Vice President of
Engineering Services in applying a variety of
apportionment methodologies to the
development of fee studies and establishment of
Benefit ADs for public sector clients.

Mr. Wekwete's recent work on DIF studies has
included engagements for the Cities of Colton, Desert Hot Springs, Fontana, Paso Robles, Perris,
and Torrance and the Counties of Riverside, San Bernardino, San Luis Obispo, and Santa Barbara, among others.

Mr. Wek
wete also has experience in the preparation of Fiscal Impact Reports (“FIRs”), tax increment analyses, and PFFPs and has performed due diligence services and developed disclosure documentation for land purchasers, public agencies, and lenders.

Mr. Wekwete received his B.S. and M.S. in operations research and industrial engineering from Cornell University and Columbia University, respectively. He also holds a Series 50 license as a registered Municipal Advisor with the SEC/MSRB under rules promulgated following the
Dodd-Frank Act in 2010.

Mr. Wekwete has been actively involved in the
preparation of dozens of impact fee studies, especially in the area of transportation infrastructure costing,
and apportionment of these costs over various land
use types based on benefit criteria.
dta
[email protected]
I
City Council Agenda Packet, Monday, February 5, 2024. Page 51 10 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Steve Runk, P.E.

Vice Pr
esident, Engineering Services |
Project Role – Engineer (State License Number C23473 – Cali fornia Registered Civil Engineer) Mr. Runk has over 45 years of experience in the design and construction management of major civil engineering projects, including roadways, bridges, sewer and water improvements, and flood control facilities, grading for public works projects, and construction of commercial and industrial buildings. Mr. Runk’s specific responsibilities have included design, quality control, specifications, estimates, construction bid packages, construction coordination and management, cost analyses and cost control, scheduling, manpower forecasting, staffing, and marketing. He has also assisted public agencies and developers in the procurement of funding from the California Department of Transportation (“Caltrans”) and other Federal and state agencies.

Mr. Runk has a proven track record of meeting schedules and adhering to budgets. Since joining DTA in 2000, he has worked with local agencies to resolve community issues and negotiate scope changes with contractors to ensure the timely and satisfactory completion of construction projects.

He has also acted as the Project Manager for the establishment of ADs and preparation of numerous AB 1600 DIF justification studies. Mr. Runk
specializes in preparing assessment
apportionment formulas and fee studies for
roads, storm drains, and water and wastewater
facilities. He has been involved in preparing
needs lists and apportioning facilities costs for
many of DTA’s AB 1600 studies, including
those in the Cities of Anaheim, Brawley, Coachella, Chino H ills, Hesperia, Paso Robles, San Luis
Obispo, Tustin, and Victorville, as well as the County of San Bernardino and a number of water districts, including the San Gorgonio Pass Water Agency. H e was also closely involved in DTA’s previous work as the AB 1600 consultant for the County of Riverside.

Prior to
joining DTA, Mr. Runk, as the Senior Construction Manager for Holmes & Narver, Inc., successfully completed the construction of the SR-41 Freeway in Fresno County, which was the County’s first Measure “C” sales tax-funded freeway. Prior to this project, Mr. Runk successfully completed the construction of the SR-71 Freeway in Chino/Chino Hills, California. This $98 million project was the first Measure “M” sales tax-funded project for the San Bernardino Associated Governments (“SANBAG”). Mr. Runk’s responsibilities on both projects included contract management, quality control, public relations, cash flow analyses, project closeout, and compliance with Federal and State funding requirements.

Previously, Mr. Runk held positions with various public and private engineering entities in which he delivered projects requiring a wide variety of engineering expertise. He holds a B.S. in engineering from the University of California at Los Angeles and an M.S. in civil engineering from California State University at Long Beach. Mr. Runk is a registered Civil Engineer in the State of California.

Mr. Runk has acted as the Project Manager for the
establishment of ADs and preparation of numerous
AB 1600 DIF justification studies. Mr. Runk
specializes in preparing assessment apportionment
formulas and fee studies for roads, storm drains,
and water and wastewater facilities.
dta
[email protected]
I
City Council Agenda Packet, Monday, February 5, 2024. Page 52 11 SECTION II

EXPERIENCE AND EXPERTISE

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Richard Ruiz, Jr.

Manager |

Project Role – Task Specialist
Mr. Rui
z has a background in econometrics and industrial organization. Since joining DTA in 2018, he has been involved in the formation and administration of numerous CFDs, ADs, and LLDs throughout California and several other states, including Florida, North Carolina, Texas, and Utah. His responsibilities related to these projects have included the development of tax spread proforma analyses and preparation of overlapping debt analyses. In addition, while at DTA, he has participated in a variety of projects, including fiscal and economic impact studies for cities and counties throughout California, school district rezoning projects, city/county annexation projects, user fee calculations, and living wage analyses.

Mr. Ruiz also has extensive experience working on the preparation of DIF justification studies for cities and counties in California and numerous other states, including Arizona, Florida, and South Carolina. His
responsibilities during the impact fee justification and apportionment analysis process for each respective project include the preparation of capital improvement and public facilities needs lists, data collection, the development and modification of the DIF Report model, the production of a written report, and interactions with
city, county, and district staff and key stakeholders.

Mr. Ruiz' recent work on DIF studies in California
has included engagements for the Cities of Chino
Hills, Colton, Coronado, Cypress, Daly City, Desert
Hot Springs, Fontana, Fowler, Inglewood, Ione,
Manteca, Mammoth Lakes, Norco, Palo Alto, Perris, San Jose, Soledad, Torrance, Upland,
Victorville, and Yucaipa and the Counties of San Luis Obis po and Santa Barbara, among others, in addition to the El Dorado Hills Fire Department. East coast projects include Pickens County, South Carolina, City of Fayetteville, Arkansas, City o f Riviera Beach, Florida, and Hillsborough, County, Florida.

Prior to joining DTA, Mr. Ruiz spent 14 years with an energy economics consulting firm that focused on economic and market research studies, mergers and acquisitions analyses, market entry research strategies, and economic due diligence projects for companies seeking equity funding. He has a degree in economics from California State University at Long Beach with a concentration in public finance. Notably, Mr. Ruiz is a member of the American Water Works Association (“AWWA”) and has the experience and work history of understanding and applying the best practices of AWWA and Water Environment Federation (“WEF”) in rate studies. He is also a Professional Member with the Institute of Transportation Engineers (“ITE”).

Mr. Ruiz has extensive experience working on
the preparation of DIF justification studies for
cities and counties in California and numerous
other states, including Arizona, Arkansas,
Florida, South Carolina, and West Virginia.
dta
Richard@Flnance DT A.com
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City Council Agenda Packet, Monday, February 5, 2024. Page 53 1 SECTION III

SCOPE OF WORK

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com

SCOPE OF WORK
A Project Approach
With
re
spect to the Fee Study, DTA would provide all-inclusive professional and technical support to the City in developing a conceptual project scope, in addition to reviewing any existing City DIF studies, the City Municipal Code, the City’s General Plan, Specific Plans, and the Capital Improvement Program (“CIP”). DTA’s comprehensive review of required impact fee levels shall be documented in a formal Nexus Study prepared under California Government Code 66000 et seq.

DTA’s Final Report would present a fee methodology that satisfies the “rational nexus” tests used by the courts to determine the legality of development exactions. Having previously been subject to legal and developer scrutiny, DTA has developed a streamlined approach and methodology that establishes a rational and substantial nexus between new development and the need for public facilities.

New State Legislation: With the recent approval by the State Legislature of AB 602, the C ity must be in compliance with new nexus requirements that apply to any DIF studies approved by the City Council after January 1, 2022. Starting on that date, if the City decides to adopt infrastructure standards that are above its existing levels of service, the DIF analysis must include an explanation of why the new level of service is necessary. Furthermore, the City’s approved impact fees must either be levied on residential development on a per square foot basis or the DIF study must include specific findings explaining why square footage is not an appropriate metric to calculate the fees.

DTA is familiar with this new residential square foot metric based on work we have performed on fee studies in California and other impact fee studies outside of California, as well as fee studies in Arizona and other states where new higher levels of service must be justified.

General Approach to Development Impact Reviews and Nexus S tudies: In determining a reasonable nexus for each specific type of public facility, DTA will utilize one or more of the methodologies discussed below depending upon the data and other information available from the City and its current infrastructure policies. All of these fee methodologies employ the concept of an Equivalent Dwelling Unit (“EDU”) to allocate benefit among various land use classes. EDUs are a means of quantifying different land uses in terms of their equivalence to a residential dwelling unit, where equivalence is measured in terms of potential infrastructure use or benefit from each type of public facility. For many types of facilities, EDUs are calculated based on the number of residents or employees generated by each land use class. For other facilities, different measures, such as the number of service calls, quantity of trip miles, or amount of storm water run-off, more accurately represent the benefit provided to each land use class. Transportation facilities typically demand EDU calculations predicated on a per unit or per trip basis, or according to Vehicle Miles Traveled (“VMT”) criteria.

The three types of fee methodologies used by DTA to establish EDUs for a public facility within a typical AB 1600 study are based on either an existing Infrastructure Plan, a predetermined capacity amount, or a generic standard.

Plan-Based Fees: The f
irst method of apportioning fees is based on a “plan,” such as a Master Plan of Facilities, that identifies a finite set of improvements. These Facilities Plans generally identify a specific set of facilities needed by the public agency and are developed according to assessments of dta
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City Council Agenda Packet, Monday, February 5, 2024. Page 54 2 SECTION III

SCOPE OF WORK

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
facilities needs prepared by staff and/or outside consultants and adopted by the public agency’s legisl
ative body. With this plan-based approach, specific costs can be projected and assigned to all land uses planned in the future, often with a specific time period in mind that reflects new development projections. In preparing an impact fee analysis, facilities costs can be allocated in proportion to the amount of demand caused by each type of future development. It works well when it is difficult to measure the actual service needed by a land use type or where capacity cannot be directly related to demand. Roads and flood control improvements are examples where plan-based fees are often used. These fees are typically per unit assessments. This type of plan-based approach is generally preferable to the two other approaches to cost allocation listed below, but it does require the existence of a Facilities Plan, which is not always available.

Capacity-Based Fees: A secon
d method of fee assessment is based on the “capacity” of a service or system, such as a water tank or a sewer plant. This kind of fee is not dependent on a particular Land Use Plan (i.e., amount or intensity), but rather it is based on a rate or cost per unit of capacity that can be applied to any type of development as long as the system has adequate capacity. This type of fee is useful when the costs of the facility or system are unknown at the outset, but it requires that the amount of capacity used by a particular land use type be measurable or estimable.

Capacity-based impact fees are assessed based on the demand rate per unit. This type of fee would most typically be assessed for water or wastewater systems.

Standard-Based Fees: A third
method of assessing fees is based on “standards” where costs are based on units of demand. This method establishes a generic unit cost for capacity, which is then applied to each land use per unit of demand. Parks are an excellent example of this type of fee structure. California’s Quimby Act allows cities and counties to establish a service standard, typically

3.0 to 5.0 acres of parkland per thousand residents, that may be required of all new residential development. For the City, the service standard is currently 4 acres of parkland per 1,000 people, as reflected in the City’s Parks and Community Services Master Plan adopted in 2006. Thus, t his
standard is not based on cost but rather on a standard of service. This methodology provides several advantages, including not needing to know the cost of a specific facility, identifying how much capacity or service is provided by the current system, or having to commit to a specific size of facility.

In preparing its analysis, DTA will apply one or more of these three methodologies to each facility type to generate applicable fee levels.

B Proposed Scope of Work
Work pr
oducts stemming from the work plan described in this section will include a memorandum (“memo”) summarizing the fee methodology options, Draft Study and Ordinance, and Final Study and Ordinance.

Task 1 – Development of Project Strategy and Kickoff Meeting DTA sta
ff will meet with City staff in a virtual project kickoff meeting to finalize the details of the project, deliverables, timetables, and tasks, discuss the fee methodologies and best practices, identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc.), prepare the final schedule, discuss the public process, and resolve other concerns, as appropriate. dta
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SCOPE OF WORK

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Task 2 – Develop Population and Dwelling Unit Projections DTA w
il
l compile and document existing and future population and development estimates for the City. The projections resulting from this task will ultimately calculate fee levels. This task comprises four subtasks.

Subtask 2A – Population Projections
DTA will gather existing information on present and future population for the City from various sources, including City staff, the General Plan, existing Master Plans, the U.S. Census, the Los Angeles County Metropolitan Transportation Authority (“Metro”), the State Department of Finance, and from other data sources, including the City’s CIP.

Subtask 2B – Conduct Entitlement Research and Projections DTA will coordinate with the City Planning Division to determine existing and future residential and non-residential development within the City over the planning horizon. To complete this subtask, DTA will review the General Plan/CIP, and related plans to determine expected development land use patterns in the City, assess City records to identify existing entitlements for dwelling units and commercial/industrial development, and project the number of new dwelling units and commercial/industrial development based on existing entitlements and population projections for the next 20 years, or such other target year as selected by City staff.

Subtask 2C – Review Current City Fee Structure
DTA shall review and summarize the City’s current development fee structures, City policies and procedures, and other regulatory requirements affecting potential fee structures and revenue program requirements.

Subtask 2D – Review Prior City Fee Justification Studies DTA shall review the approach and methodology utilized in prior City fee justification studies so they can be evaluated in light of the City’s current needs.

Task 3 – Review Facility/Capital Needs and Levels of Service This ta
sk entails the review of the facilities and capital needs required to serve new development in the study area projected in Task 2. DTA will use existing City materials as base documents and focus our effort on updating this information.

For any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities that will be impacted by additional growth, including those already discussed in the General Plan or CIP. This task will require close coordination with all appropriate City departments. DTA will consider updates to the City’s current impact fees, specifically the Housing Linkage Fee, Fire Safety Equipment and Facility Equipment Fees, Underground Utilities Fee, Park Development Fund Fee, and Storm Drainage Facilities Fee.

Subtask 3A – Survey/Interview City Staff
DTA shall survey/interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical dta
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data that would assist in developing the costs estimated below in Subtask 3C. Based upon the re
sults of the surveys and interviews, DTA will verify and, if appropriate, expand the list of new facilities found in the General Plan/CIP to be included within the fee program for the City.

Subtask 3B – Facilities List
Based on the information collected in Subtask 3A, DTA shall prepare a facilities needs list that details the new facilities and equipment to serve new development in the City.

Subtask 3C – Review Cost Estimates
DTA’s engineering and technical staff will, as necessary, consult with City department heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for existing and projected facilities and equipment, apply inflation and cost-of-living escalators to the list of projected public facilities to determine future costs, review and/or refine existing cost data, examine major sources of revenue to fund the construction of new public facilities, and provide a proportional estimate between projected costs for new facilities and estimated revenue from mitigation fees and other sources.

Subtask 3D – Infrastructure or Facilities Improvement Plan DTA will prepare an Infrastructure or Facilities Improvement Plan that reflects the costs of infrastructure, improvements, real property, financing, other capital and associated appurtenances, equipment, vehicles, furnishings, and other eligible items that are associated with meeting future needs necessary for public services as allowed per State statutes.

Deliverables: Infra
structure or Facilities Improvement Plan; Needs Assessment Report Task 4 – Develop Methodology for Calculating New Fee Amounts This ta
sk entails developing the methodology used to establish the fee amount for each fee component to the extent appropriate. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AB 1600. Since fees of any sort are controversial, it is critical that any fee established be legally defensible.

DTA’s Fee Study methodology must meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between the fees imposed, use of the fees, and development projects on which the fees are imposed. Furthermore, there must be a relationship between the amount of the fee and cost of the improvements. In order to impose a fee as a condition for a development project, the methodology must accomplish the following:

Identify the purpose of the fee;
Determine the use to which the fee is to be put; if the us e is financing public facilities, the
facilities must be identified;
Establish if there is a reasonable relationship between th e fee’s use and type of development project on which the fee is imposed; and
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Proposal for a Development Impact Fee Evaluation

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Ascertain if there is a reasonable relationship between th e need for the public facility and type of development project on which the fee is being imposed.

Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this task will be documented in the Final Report.

DTA shall prepare a memo to be submitted to City staff summarizing available methodologies and their respective pros and cons and providing detailed examples of other cities’, counties’, or agencies’ impact fee programs. The memo will also discuss, as applicable, context-sensitive adjustments and “credits” for capital improvements required as part of a project application. DTA will recommend a Fee Expenditure Plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds, as well as possible flexibility to allow collected fees to be used to provide the City with a match for grant applications. Finally, the memo will include recommendations for methodology and next steps. Upon review and discussion by City staff, a methodology will be selected.

Deliverable: Memo S u
mmarizing the Fee Methodology Options
Task 5 – Determine Fee Levels
This ta
sk entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task 2, facilities needs and costs determined in Task 3, and methodology selected in Task 4.

Subtask 5A – Calculate Recommended Fee Amounts
DTA shall calculate fees for the City by inputting the data compiled under the preceding tasks and computing each fee to be levied. This work will be done in a spreadsheet format that can be updated annually. DTA will also evaluate this data in comparison to surrounding cities so as to arrive at comparable and acceptable fee levels.

Subtask 5B – Document Fee Derivation
DTA shall document the methodology utilized for the fee calculation model in such a way that can be understood by the City and public. DTA shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City. These statements will be made to meet the requirements of AB 1600 and documented in the Final Report discussed below.

Deliverables: Propo
sed Fee Levels; Brief Report of Similar Jurisdictions’ DIFs, Including a Summary Table
Task 6 – Prepare Draft and Final Reports
This ta
sk entails the preparation of the Draft and Final Reports for consideration by the City Council and City staff.

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City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

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Subtask 6A – Prepare Draft Report for Comments
Based on the work completed in Tasks 1-5, DTA will prepare the Draft Report for review and consideration by City staff. The Draft Report will be prepared under the standards of AB 1600 and is expected to include an executive summary, population projections, the facilities and improvements list, areas of benefit (if applicable), fee calculations, recommended fee levels, and the suggested process for keeping fees current.

Subtask 6B – Prepare Final Report
Based on the incorporation of City staff comments and concerns on the Draft Report, DTA will prepare the Final Report for presentation to the City Council and City staff.

Deliverables: Draft and Final Reports
Task 7 – Outline Tasks Required for the Implementation and Administra tion of the Fee Program DTA wil
l prepare a list of tasks required of the City once they have adopted their new fee program.

These tasks include the determination of actual fee levels if the City decides not to impose the maximum fee levels allowed under the Fee Study, the implementation of the fee credit program, and other issues the City may face when implementing the fee program. In addition, DTA shall prepare a Draft Ordinance to adopt the fee program, subject to review and approval by the City's legal counsel.

Deliverables: Draft
and Final Ordinance
Task 8 – Attend Meetings and Public Outreach
This ta
sk entails attendance at a total of four (4) in-person meetings/workshops, including the kickoff meeting, with the City Manager (or similar), other City staff, focus groups, stakeholders, the Planning Commission, and the City Council to present information regarding the status of the impact fee program update, draft study, and Final Impact Fee Methodology Report to obtain input. DTA will also be prepared to lead meetings and workshops with selected groups to gain better project understanding, gauge community sentiment, and determine the key objectives.

During these meetings, DTA will consider community and stakeholder input. For this purpose, DTA will develop handouts for these meetings that summarize the findings and analysis from the Public Review Draft. DTA staff shall also schedule standing conference calls (i .e., weekly
or bi-weekly) with City staff to stay on track with tasks and deliverables.

C Projec
t Management Services and Quality Control Procedures
In addi
tion to the elements identified in the City’s proposed Scope of Work, DTA would recommend incorporating the following key strategies:

Reviewing prior studies and effectively managing data requ ests and data gathering/consolidation;
Ensuring key stakeholder input is received prior to writin g any reports, so work need not be duplicated;
Leveraging technology to request and track information fro m various sources and stakeholders;
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Proposal for a Development Impact Fee Evaluation

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Setting up standing conference calls or Teams meetings (i. e., bi-weekly), in addition to scheduled meetings with City staff in order to stay on track with tasks and deliverables and discuss critical project elements; and
Preparing internal report drafts for City staff review and discussion on conference call(s).

Finally, as part of the completion of this Scope of Work, DTA suggests evaluation of some other key considerations, including:

Should a “fee credit” program be established for developer s who build or oversize facilities
on the City’s facilities needs list?
Should a stakeholders’ committee or group be established t o ensure outside input prior to the preparation of the Fee Study?
Should the automatic fee escalator be reviewed to possibly further mitigate the impacts of inflation on the fee program prior to the preparation and adoption of the next fee program by the City?
DTA utilizes the software application Vision to track project expenditures. This program is always available to DTA’s employees and provides detailed project information ranging from the execution of the contract to completion of the project. To manage this contract effectively in terms of team performance, schedule compliance, and budget adherence, Mr. Wekwete, DTA’s Project Manager, will utilize these tools:

Bi-weekly assignment checklists throughout the life of the contract to ensure each task
remains on schedule by utilizing proper staffing assignments.

Consistent communication with City staff via e-mail, telep hone, and in-person meetings, as needed.

Weekly budget review to ensure no budget overruns occur. DTA’s customized accounting system will enable us to track the expenditures to date each week and ensure budget compliance.

Regular meetings with City staff to discuss progress and a ny issues and receive guidance.

At DTA, all our multidisciplinary team members come from diverse backgrounds, and we put people first. We pride ourselves on developing strong relationships with our clients and working closely with them to understand the big picture and goals they want to achieve as a result of our engagement, as well as how DTA’s work may impact other initiatives both now and in the future. At DTA, we understand that public finance is about ensuring that communities can thrive by assessing what the best solution is for the community as a whole and what will help the community reach and sustain growth goals.

DTA brings an impartial perspective combined with real-world experience in working with municipalities, which gives us the ability to understand and communicate with all stakeholders throughout the process. Regarding our engagement approach, we will work closely with City leadership to engage with property owners, business owners, and community leaders to understand any issues or pressure points, as well as what is envisioned for the future.

Finally, DTA will provide independent and objective work products. DTA staff regularly reviews legal opinions, regulations, and statutes that impact or modify public finance-related case law. We are dta
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committed to providing unbiased deliverables that reflect the most current developments in public financ
e and real property law.

D Information to be Provided by the City
DTA re q
uests that the following information be provided by the City at no charge and in a timely manner such that the project does not extend beyond 6 months from the date of authorization to proceed:

The City’s General Plan, CIP and capital needs information , any Specific/Master Plans,
Development Agreements, and data regarding existing entitlements; To the extent available, detailed description of the propo sed public facilities, including the facility name and number of square feet, acres, etc. (as applicable for each type of facility); Inventory of completed facilities within the City, includi ng type, size, and location of facility; Cost estimates for proposed facilities (DTA anticipates th at the City’s cost data and estimates will be reviewed by DTA staff and discussed with City staff); Existing City Fee Ordinances and/or Resolutions;
Current Annual and Five-Year Reports per Government Code S ections 66006 and 66001; and Identification of any committed revenue sources pledged to fund proposed facilities.

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City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

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E Project Schedule
DTA’ s
ty
pical schedule of tasks for a DIF program/AB 1600 Nexus Study is outlined below. Given the City’s desired project timeline, this timeline of events can and will be completed within the proposed time frame according to the City’s specifications. Notably, the firm shall provide ongoing communication, education, a nd outreach throughout the duration of the project. DTA is able to begin work with minimal notice.

Table 1: Proposed Schedule
Task Description Weeks
1 to 5
Weeks
6 to 9
Weeks
10 to 13
Weeks
14 to 18
Weeks
19 to 22
Weeks
23 to 25 Week 26
1 Development of Project Strategy and Kickoff Meeting
2 Develop Population and Demographic Projections
3 Review Facility/Capital Needs and Levels of Service
4 Develop Methodology for Calculating New Fee Amounts
5 Determine Fee Levels
6 Prepare Draft and Final Impact Fee Methodology Reports 7 Outline Tasks Required for the Implementation and
Administration of the Fee Program
8 Attend Three (3) Additional In-Person Meetings and
Virtual Meetings, Plus Regular Virtual Meetings for
Bi-Weekly Updates

Ongoing Communication, Education, and Outreach of Project

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COST PROPOSAL

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com

COST P ROPOSAL
Fees for services shall be charged on an hourly basis according to the rates set forth in the fee sch
edule below, with invoices being submitted to the City monthly. The estimated fee for services shall not exceed $61,700 for the Fee Study, including out-of-pocket expenses. Notably, the figures listed in Table 2 for each task are just estimates and the charges assigned to any one task may be transferred to another task, as long as th e overall invoices submitted by DTA do not exceed $61,700, including out-of-pocket expenses . Fees for services shall be charged according to the professional services fee schedule identified in Table 3.

Table 2: Proposed Budget
Description Title Hourly Rate Est. Hours Total Cost
Task #1: Development of Project
Strategy and Kickoff Meeting
President/MD $290 4 $1,160
Vice President $250 0 $0
Manager $200 8 $1,600
Associate II $165 0 $0
Task 1 12 $2,760
Task #2: Develop Population and
Demographic Projections
President/MD $290 6 $1,740
Vice President $250 0 $0
Manager $200 8 $1,600
Associate II $165 4 $660
Task 2 18 $4,000
Task #3: Review Facility/Capital Needs
and Levels of Service
President/MD $290 8 $2,320
Vice President $250 8 $2,000
Manager $200 20 $4,000
Associate II $165 8 $1,320
Task 3 44 $9,640
Task #4: Develop Methodology for
Calculating New Fee Amounts
President/MD $290 12 $3,480
Vice President $250 8 $2,000
Manager $200 16 $3,200
Associate II $165 8 $1,320
Task 4 44 $10,000
Task #5: Determine Fee Levels and
Document Comparative Fees
President/MD $290 8 $2,320
Manager $200 4 $800
Manager $200 12 $2,400
Associate II $165 12 $1,980
Task 5 36 $7,500
Task #6: Prepare Draft and Final
Impact Fee Methodology Reports
President/MD $290 16 $4,640
Vice President $250 0 $0
Manager $200 24 $4,800
Associate II $165 8 $1,320
Task 6 48 $10,760
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COST PROPOSAL

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
Description Title Hourly Rate Est. Hours Total Cost
Task #7: Outline Tasks Required for
the Implementation and
Administration of the Fee Program
President/MD $290 8 $2,320
Vice President $250 0 $0
Manager $200 12 $2,400
Associate II $165 0 $0
Task 7 20 $4,720
Task #8: Attend Three (3) Additional
In-Person Meetings and Virtual
Meetings, Plus Regular Virtual
Meetings for Bi-Weekly Updates
President/MD $290 18 $5,220
Vice President $250 6 $1,500
Manager $200 18 $3,600
Associate II $165 0 $0
Task 8 42 $10,320
Total Not to Exceed
Preside
nt/MD $290 80 $23,200
Vice President $250 26 $6,500
Manager $200 118 $23,600
Associate II $165 40 $6,600
Subtotal 264 $59,900
Out-of-Pocket Expenses (Maximum) $1,800
Total Not to Exceed $61,700

Table 3: DTA’s Fee Schedule
Labor Category Labor Rate
President/Managing Director $290/Hour
Senior Vice President $275/Hour
Vice President $250/Hour
Senior Manager $210/Hour
Manager $200/Hour
Senior Associate $190/Hour
Associate III $175/Hour
Associate II $165/Hour
Associate I $150/Hour
Research Associate II $140/Hour
Research Associate I $125/Hour
Additional in-person meetings [more than the four (4) in-person meetings specified in the Scope of Work, including the kickoff meeting] shall be billed on a time and materials basis, not to exceed $1,500 per additional in-person meeting. DTA
staff shall also schedule standing
conference calls (i.e., weekly or bi-weekly) with City staff to stay on track with tasks and deliverables.

Out-of-pocket and administrative expenses are included in the maximum budget listed above and shall be equal to 3% of DTA’s billings for labor, plus travel expenses and any outside vendor payments. All hourly rates for services apply through December 31, 2024, and are subject to a dta
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Proposal for a Development Impact Fee Evaluation

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cost-of-living increase at that time. On or about the first two weeks of each month during which consult
ing services are rendered hereunder, DTA shall present to the City an invoice covering the current consulting services performed and reimbursable expenses incurred pursuant to this Notice of Authorization. Each invoice submitted for payment shall contain a brief description of the work billed on that invoice, total billed to date, total paid to date and amount remaining.

Invoices shall be paid by the City within 30 days of the date of each invoice. A 1.2% charge may be imposed monthly against accounts that are not paid within 45 days of the date of each invoice. The prevailing party in any legal action brought by one party against the other and arising out of this Consultant Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.

A Limitations
The lab
or costs in the table above include attendance at a total of four (4) in-person meetings with the Planning Commission and the City Council, virtual meetings with City department personnel, and periodic conference calls with City staff. Attendance at more than four (4) in-person meetings, detailed written responses to resolve disputes, or the preparation of more than one set of major revisions to the Draft Report will be classified as additional work and may require further billing at the hourly rates identified in Table 3 if the ma
ximum fee level has been exceeded. Other examples
of additional work shall include:

Additional analyses based on revised assumptions requested by the City, including possible changes in the needs list, infrastructure costs, population projections, future land uses, and related data once the preparation of the Draft Report has been initiated, as well as adjustments to assumptions once the Draft Report has been approved; Additional meetings or lengthy negotiations with stakehold ers, including representatives of
the BIA;
Tasks related to litigation by stakeholders should it occu r once the Fee Study has been completed;
Time expended related to obtaining data assigned to the Ci ty under “Information to be Provided by the City”;
Actual implementation of the fee program(s); and
More than eight (8) bound copies of the Draft or Final Stu dy and Ordinance.

The maximum fee listed above assumes the review and implem entation of the fee program with a schedule between initiation of services and public outreach that is within the proposed time frame according to the City’s specifications.

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REFERENCES

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com

REFERE NCES
Listed below are five (5) references for DTA’s recent work involving impact fee studies for munici p
alities in California. We encourage you to contact our references to learn firsthand how well DTA staff meets the needs of its clients.

A City of Paso Robles
Table 4: Reference Information
Location City of Paso Robles, CA
Client Contact Warren Frace
Title Community Development Director
Address 1000 Spring Street, Paso Robles, CA 93446
Phone Number (805) 237-3970
E-mail Address [email protected]
Project Dates November 2006-Present
Project Team Kuda Wekwete (Project Manager) and Richard Ruiz (Task Spec ialist) Work Product DIF Studies [2014, 2018, and 2022 (Currently in Progress)] Fee Categories Transportation, Fire, Law Enforcement, and Parks and Recrea tion B City of Yucaipa
Table 5: Reference Information
Location City of Yucaipa, CA
Client Contact Benjamin Matlock
Title Planning Manager
Address 34272 Yucaipa Blvd, Yucaipa, CA 92399
Phone Number 909-797-2489 Ext. 261
E-mail Address
Project Dates August 2022-March 2023
Project Team Kuda Wekwete (Project Manager) and Richard Ruiz (Task Spec ialist) Work Product Development Impact Fee Study (Adopted)
Fee Categories Transportation, Police, Fire, Public Facilities, Parks, and Storm Drain.

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BMatlock@Yucaipa .org
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REFERENCES

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com
C City of Torrance
Tabl e
6: Reference Information
Location City of Torrance, CA
Client Contact Sheila Poisson Danny Santana
Title Finance Director Assistant City Manager
Address 3031 Torrance Boulevard, Torrance CA 90503
Phone Number (310) 618-5854 (310) 328-5310
E-mail Address [email protected] [email protected] Project Dates 2018-2019
Project Team Kuda Wekwete (Project Manager) and Richard Ruiz (Support Te am) Work Product DIF Study (Adopted)
Fee Categories Utility Undergrounding, Transportation, Storm Drain, Sewer Improvements, Police Facilities, Library Facilities, and Community Services Facilities D City of Colton
Table 7: Reference Information
Location City of Colton, CA
Client Contact Mark Tomich
Title Development Services Director
Address 659 North La Cadena Drive, Colton, CA 92324
Phone Number (909) 370-5185
E-mail Address [email protected]
Project Dates 2019-2021
Project Team Kuda Wekwete (Project Manager) and Richard Ruiz (Task Spec ialist) Work Product Development Impact Fee Study (Adopted)
Fee Categories Traffic, Fire Department, Police Department, Public Facilities, Libraries, Civic Center, and Park Development
E City of Fontana
Table 8: Reference Information
Location City of Fontana, CA
Client Contact Gia Kim
Title Public Works Director/City Engineer
Address 8583 Sierra Avenue, Fontana, CA 92335
Phone Number (909) 350-6655
E-mail Address
Project Dates 2018-2020
Project Team Kuda Wekwete (Project Manager) and Richard Ruiz (Task Spec ialist) Work Product DIF Study (Adopted)
Fee Categories Transportation, Fire, Law Enforcement, Public Facilities, Li braries, and Parks and Recreation

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City Council Agenda Packet, Monday, February 5, 2024. Page 67 15 SECTION VI

EXCEPTIONS

City of La Verne Janua r y 18, 2024
Proposal for a Development Impact Fee Evaluation

www.FinanceDTA.com

EXCEP T IONS
DTA accepts the terms, conditions, and general form of the Standard Professional Services Agree m
ent, including the insurance requirements, except for the revisions noted below.1 Article 6.8, “Indemnification and Hold Harmless ”
“Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of resulting from the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

Addition of the following phrase to the end of Article 6.1 2, “Ownership of Documents ”:
“Notw
ithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.

Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.”
This supplemental language has been requested to provide us with adequate trade secret protection. We have developed our computer models over the past 38 years and the formulas inherent in the models are proprietary. However, the ultimate work product itself belongs to the City.

1 Text with a strikethrough indicates language we are requesting be removed and the text in red indicates language we’d like added in its place.
dta
VI
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City Council Agenda Packet, Monday, February 5, 2024. Page 68

18201 VON KARMAN AVENUE, SUITE 220

IRVIN E
, CA 92612
PHONE: (800) 969-4DTA
www.FinanceDTA.com
Public Finance
Publi c
-Private Partnerships
Development Economics
Clean Energy Bonds
City Council Agenda Packet, Monday, February 5, 2024. Page 69

CITY OF LA VERNE

PROFESSIONAL SERVICES AGREEMENT
WITH
David Taussig & Associates

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5
th day of February, 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and David Taussig & Associates (“Consultant”).

RECITALS

A. City proposes to utilize the services of Consultant as an independent contractor to evaluate the City’s Development Impact Fees, as more fully described herein; and

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and

D. N o official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Serv
ices. Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professi onal Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performanc
e to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet wit h C
onsultant to review the quality of the work and resolve the matters of concern;

City Council Agenda Packet, Monday, February 5, 2024. Page 70 (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-Discrim
ination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, e xcept as permitted pursuant to s ection 12940 of the Government Code.

1.6. Non-Exclus
ive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and As
signment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidential
ity. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSAT

ION AND BILLING

2.1. Compensation . Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement (the “Fee Schedule”).

Consultant’s total compensation shall not exceed sixty-one thousand and seven hundred Dollars ($ 61,700.00).

City Council Agenda Packet, Monday, February 5, 2024. Page 71

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing . Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records an
d Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF

PERFORMANCE

3.1. Commencem ent and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “D,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable D
elays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

City Council Agenda Packet, Monday, February 5, 2024. Page 72

4.0. TERM AND TERMINATION

4.1. Term. This A greement shall commence on the Effective Date and continue for a period of seven months, ending in August, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Ter mination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation
. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents.

In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. M
inimum S cope and Limits of Insurance . Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:

(a) Commerc
ial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business automobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

City Council Agenda Packet, Monday, February 5, 2024. Page 73 (c) Workers’ compensation insurance as required by the State of California.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsement
s. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional
insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of La Verne , its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible
or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City City Council Agenda Packet, Monday, February 5, 2024. Page 74 is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certifi cates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. N othing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PR

OVISIONS

6.1. Entire Agr eement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representat
ives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant s
hall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project M
anagers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant s
hall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. A
ny notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

_________________
_________________
_________________
City of La Verne
3660 D Street
La Verne, CA 91750

City Council Agenda Packet, Monday, February 5, 2024. Page 75

Tel: _________________ Tel:

Attn: _________________ Attn: _________________

Courtesy copy to:

City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing

6.5. Attorney s’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. Thi
s Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment.

Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consul tant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions City Council Agenda Packet, Monday, February 5, 2024. Page 76 contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Con t ractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithst
anding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All fi ndings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to City Council Agenda Packet, Monday, February 5, 2024. Page 77 Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.13. Public Rec
ords Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000, et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict
of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibil
ity for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited
Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each
party shall bear its own costs and fees incurred in the preparation City Council Agenda Packet, Monday, February 5, 2024. Page 78 and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. Binding Eff ect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.20. No Third Pa r ty Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.21. Headings. Paragr
aphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.22. Construct
ion. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.23. Amendmen t s. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.25. Severabili
ty. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.26. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.27. Corporate A uthority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this City Council Agenda Packet, Monday, February 5, 2024. Page 79 Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF LA VERNE

__________________________________ Date: __________________________ [Name]
[Mayor or City Manager or Purchasing Officer]

ATTEST:

__________________________________

Debra Fritz
Deputy City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________

City Council Agenda Packet, Monday, February 5, 2024. Page 80

EXHIBIT A

REQUEST FOR PROPOSALS
City Council Agenda Packet, Monday, February 5, 2024. Page 81

EXHIBIT B

CONSULTANT’S PROPOSAL

City Council Agenda Packet, Monday, February 5, 2024. Page 82

EXHIBIT C

FEE SCHEDULE

City Council Agenda Packet, Monday, February 5, 2024. Page 83

EXHIBIT D

PROJECT SCHEDULE

City Council Agenda Packet, Monday, February 5, 2024. Page 84 City of La Verne, City Council
Agenda Report

DATE: February 5, 2024

TO: Honorable Mayor and City Council

FROM:

Cody A. Howing, City Engineer

SUBJECT: TRACT MAP No.83353, BOND REDUCTION

SUMMARY
La Verne 58, LLC (Brandywine Homes), the developer of Verdana (Tract Map No. 83353), a 50-unit, three story interlocking townhome project located on Fruit Street between Foothill Boulevard and Amherst Street, has requested to reduce bonds that were established with the approval of the final map for the project on June 6, 2022.

RECOMMENDATION
Staff recommends that the City Council authorize the reduction of the bond amounts for the Performance Bond and the Labor & Materials Bond to approximately 25% of each the bonds original value and retain the Survey Monument Bond at the full value.

DISCUSSION
A requirement of the subject Tract Map was the placement of sureties to guarantee the completion of improvements in accordance with the Final Map and related plans . The project grading phase has been completed for the entire project. Work has progressed on the project resulting in completion and issuance of Certificate of Occupancy for the first phase of units in late 2023 (23 Units). Work to complete the remaining units continues and is anticipated to be completed during 2024.

Given the current status of work completed on the project, Brandywine Homes has requested to have the project bonds reduced to 25% of the original bond values for the Performance Bond and the Labor & Materials Bond.

The current bonds held by the City are as follows:

Performance Bond No. 800136518 $1,361,598.00
Labor & Materials Bond No. 800136518 $1,361,598.00
Survey Monument Bond No. 800136519 $ 2,500.00

Based on the current completion of work including the site retaining walls, grading and partial completion of the housing units, the sureties can be reduced to the following amounts:

Performance Bond No. 800136518 $ 340,000.00
Labor and Materials Bond No. 800136518 $ 340,000.00
Survey Monument Bond No. 800136519 $ 2,500.00

City Council Agenda Packet, Monday, February 5, 2024. Page 85

FISCAL ANALYSIS
Not applicable

ENVIRONMENTAL ANALYSIS
Not applicable

LEGAL REVIEW
Not applicable

ATTACHMENTS

1. Performance Bond No. 800136518

2. Labor and Materials Bond No. 800136518

3. Survey Monument Bond No. 800136519

City Council Agenda Packet, Monday, February 5, 2024. Page 86 Bond Number: 800136518
1 CITY OF LA VERNE
2 SUBDIVISION LABOR AND .lvlATERIAL UOND
3 4 WHEREAS, City Council of the City of La Verne, State of California, and s La Verne 58, LLC, a Delaware limited liability company 6 01ereinafter designated as "PRINCIPAL") have entered into an Agreement whereby 7 PRrNCTPAL agrees to install and complete certain designated public improvements, which said s Agreement, dated _ _ ________ , 20 __ ~ and identified as project 9 Tract No. S3353 is hereby referred to and made a part hereof; and 10 I I WHEREAS, under the terms of said Agreement, PRINCIPAL is required before entering 12 upon the performance of the work, to file a good and sufficient payment bond with the City of La 13 Verne to secure the claims to which reference is made in Tille IS (commencing with Section 14 3082} of Part 4 of Division 3 of the Civil Code of the State of California; 15 16 Now, therefore, said PRlNCIPAL and the undersigned as corporate surety, are held firmly bound 17 unto the City of La Verne, and all contractors, subcontractors, laborers, matcrialmen and other 18 persons employed in the performance of aforesaid Agreement and referred to in aforesaid Civil 19 Code in the sum of On< Million, Thrt<: HunJ,eJ Sixty-one lhOU$01ld, fr,e Hundred Ninety-Eight & noil00 dollars 20 ($ I 361.598.00 ') for materials furnished or labor thereon of any kind, or for amounts 21 due under the Unemployment Insurance Act with respect to such work or labor, that said surety 22 will pay the same in an amount not exceeding the amount hereinabove set fo1th, and also in case 23 suit is brought upon this 0ond, will pay, in addition to the face amount thereof, costs and 24 reasonable expenses and fees, including reasonable attorney's fees, incurred by City in 25 successfully enforcing such obligation, to be awarded and fixed by the court, and to be ta,ced as 26 costs and to be included in the judgement therein rendered. 27 28 It is hereby expressly stipulated IJJJd agreed that this bond shall inure to the benefit of any 29 and all persons, companies and corporations entitled to file claims under Title 15 (commencing 30 with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right to action to 31 them or their assigns in any suit brought upon this Bond. 32 33 Should the condition of this Bond be fully performed, then this obligation shall become 34 null and void, otherwise it shall be and remain in full force and effect. 35 36 The surety hereby stipulates and agrees that no change, extension of time, alteration or 37 addition to the terms of said Agreement, or the specifications accompanying the same shall in 38 any manner affect its obligations on this Bond, and ii does hereby waive notice of any such 39 change, extension, alteration or addition.
40 41 In witness whereof, this instrument has been duly executed by the PRrNCIPAL and 42 surety above names on April 25 20 22
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55 PRINCIPAL: La Verne 58, LLC, a Delaware limited liability company (Type Name)
·~-=-
Signature
By: ~~~::::::::::.-==-----~-~~ ==' =--
Signature
Brook T. Smijh. Attomey-io-Fact
(Type Name and Title) (Type Name and Title)
SURETY : _ A_U_a_nt_ic_S_pe_a_a_lfy_ ln_su_ra_n_~_ c_om_pa_n_y ___ _ p:\- clieuu\10. .,erne\_furrns\2000\lvlbrmtrlbndwln.doc City Council Agenda Packet, Monday, February 5, 2024. Page 87

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of Kentucky
County of Jefferson
On April 25, 2022 before me, Susan Ritter, Notary Public (insert name and title of the officer)
personally appeared _ B_r_o_o_k_T_._S_m_i_th __________________ __ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the St~ •0 nf Kentuckv that the forec oing paragraph is true and correct. ... lllllr
.,_MUC
--•ua.-WITN ESS my hand and official seal. .,,..,._
IY CIIIHIIIJI IIPIII IIMCN 4, -
Signature __ ~----~------- (Seal)
-~------- ---------------------------------'
City Council Agenda Packet, Monday, February 5, 2024. Page 88 Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIAL TY TNSURANCE COMPANY, a New York corporation with ils principal office in Plymouth, Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James IL Martin, Deborah S.

Neichter, Michele D. Lacrosse, each individually if there be more than one lliUlled, its true and lawful Altorney-in-Fact, to make, execu1e, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all 01her writings obligatory in the nature lhcm,f; prnvided that no bond or undertaking executed under this authorlty shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of d1ese presents, sh~ll be ~s binding upon said Company as if they had been fully signed by an authoriied officer of the Company and sealed with the Company seal. This Power of Attorney is made and exeru1ed by authority of the following resolutions adopted by the Board of DirccLOrs of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and tu affix the Company ,ea! thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all pow~r aml authority given to any such Attorney-ia Fact.

Resolved: TitaL !he AtLorney-in-Fact may be given full power and authmiry to execute for and in the name and on behalf of the Company any and all bonds, rcr;ognizances, contracts of indemnity, and all other writings obligatory ;n the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, conlracts of indemnity, and all other writings obligatmy in the nature thereof.

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Bo.;rd of Directors of ATLANTIC SPECIAL TY JNSURANCE COMP ANY on the twenty-fifth day of September, 2012:

Resolved; That the signature of an Authorized Officer, the signature of the Secretary or the As;istant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any ccrlificatc relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any hond, wtderl.aki.ng, recognizance ur other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with lhe same force and effect as though manually affixed.

IN WJTNESS WHEREOF, A lLAITTIC SPECIAL TY INSURANCE COMPAl\'Y has caused these presents to be signed by an Authorized Officer and tbe seal of the Company to be affixed this cwenty-seventb dar of April, 2020.

STATE OF MINNESOTA

HENNEPIN COUN'IY
By
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came PaulJ. Brehm, Senior Vice President of ATLANTIC SPECIALTY JNSURANCE COMPANY, to me personally lmown to be the individual and officer described in and who executed the preceding instrument, and he acknowledged die ex.ccuUon uf the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to lhe preceding instrument is Ille seal uf said Company and that the said seal and the signature as such officer was duly artixed and subs<Tibed to the said imtrlllllent by lhc authority ~ad at the direction of the Company.

ALISON DWAN NASH,TROIJT

NOTARY PUBLIC ,MINNESOTA
My Commlstlon Expires
January 31, 2025 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY JNSURANCE COMPANY, a New York Corporation, do hereby certify that 1he foregoing power of attorney is in full force and lias not been rcvok.r;d, and the ,e~olutions set forth above are now in force.

Signed and sealed. Dated ;?S-+ 1,-i day of /rpri I -'--0.l._2, This Power of Attorney expires
January 31, 2025
Please direct bond ve1ifications to surcty@inld<:IInsuranr;e com Kara Barrow, Secretary
City Council Agenda Packet, Monday, February 5, 2024. Page 89

State of California
County of Orange
On April 27, 2022 before me, Sandra L. Zundell1 Notary Public (insert name and title of the officer)
personally appeared _ D_a_vi_d_B_a_r_is_i_c ____________________ _ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
~ eeeeee eeeeeef
"' - SANDRA L. ZU.~DELL
: _ ' ~~ Notary Public - California 2
ll: "' _: • ; Orange County f
,, - - .. . ' Commis1ion It 22 7893 5 -
·""''' My Comm. b-pire~ Mar 26. 2023
(Seal)
City Council Agenda Packet, Monday, February 5, 2024. Page 90 2 3
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55 CITY OF LA VERNE
PF.RFORMANCF. ROND
Bond Number: 800136518
Whereas, The City Council of the City of La Verne, State of California, and J.a Veme 58, !.LC, a Delaware limited liability company (hereinafter designated as "PRINCIPAL") have entered into an agreement whereby PRTKCIP AL agrees lo install an<l complete certain designated public improvements, which said Agreement, dated ________ , 20 ___ , and identi tied a5 project _ T_r_act_ N_o_. 8_3_3_5_3 _ ____ _ __________________ is hereby referred to and made a part hereof; and Whereas, said PRJNCIP AL is required under the terms of sai<l agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and Atlan1ic Specialty Insurance Company as surety, are held and firmly bound unto the City of La Verne, hereinafter called "CITY", in the penal sum of One Million, Three Hundred Sixty-one lltousand, Five Hundred Ninety-Eigltt & noll00 dol!ars, ($ L'l6l..S~x.oo ) lawful money of the United Stah:s, fur Lhe payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bonded PRJNCLPAL, his or its heirs, executors, administrators, successors or assigns, shall in al! things stand to and abide by, and wc11 and truly keep and perform the covenants, wnditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmles~ the City of La Verne, its officers, agents and employees, as therein stipulated, then this ohligation shall hecome null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by ClTY in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.

In witness whereof, this instrument has been duly executed by the PRINCJP AL and surely above names on April 25 , 20_ 2_2 __ _
PRINC[PAL: La Verne 58. LLC. a Delaware limited liability compWJy ~ .,..._ (TypeName) ~ _L.,_
By: ~-=::S'-11~_-=---__ - 13y: ~-~ -----
~
(Signature) (Signature)
Brook T. Smith, Attorney-in-Fact
(Type Name and Title) (Type Name and Title)
Surety: Atlantic Speciatty Insurance Company
p:\-ctients\la "·em~\_forrnsl.2000\h-prfmnc:wnmbr.doc-
City Council Agenda Packet, Monday, February 5, 2024. Page 91

State of Kentucky
County of Jefferson
on April 25, 2022 before me, Susan Ritter, Notary Public (insert name and title of the officer)
' personally.appeared _ B_r_o_o_k_T_._S_m_ith ________ _ __________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument.

J certify under PENAL TY OF PERJURY under the laws of the State of Kentucky that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __ ~_ · __ - (_~----- - (Seal)
Susan Ritter

IOTARY PUBLIC
11111 IT LARGE. KENTUCKY
ID # KVNP462oc
IIY CGllll8S10H EXPIRES MAriCt< 4. 2112e
City Council Agenda Packet, Monday, February 5, 2024. Page 92 POWE of torney
KNOW ALL MEN BYTIIESE PRESENTS, that ATLANTIC SPEC! AL TY JNSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H, Martin, Deborah S.

Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, fur and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authodty shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, comracrs of jndcmnity, and all other writings obligatoiy in the nature thereof in pursuaace of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Dircclors uf ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of Scptcmb~r, 2012:

Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer'') rnay execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company 1hcrc10; and that the Authorii.ed Officer IIlilY appoint and authorize an Attorney-in-Fact 10 exe<:ure on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Atlomey-in-Fact and revoke all power and authority given to any such Allomey-in- Fact. •
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Comp,;ny any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Paci is hereby authorized to verify any affidavit required to be aaached to bonds, recognizances, cnntr.;cL, of indemnity, and all other writings obligamry in the nature thereof.

This power of attorney is signed and sealed by facsimile wider the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY 011 the l\'lenty-fifth day of September, 2012:

Resolved: Thal the signatw-e of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of auorncy or 10 any ~ertificate relating thereto appointing an Attorney-ill-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the narure thereof, and any such signature and seal where so used, being hereby adopted by the Compally as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Cnmpany with the san1c force ijnd effect as though manually affixed.

IN WITNESS WHEREOF, ATLANTIC SPECIAL TY INSURANCE COMP A NY hascaused these presents co be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020.

STAIB OF MINNESOTA

HENNEPIN COUNTY
By
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the s~al of said Company and that the said seal and the signature as such officer wa,; duly Jffi.x:ed and subsc1ibed to die said instrument by the authurily and al the direction of the Company. - - .......... & ............. . I
◄ 8 ALISON OWAN NASH,lROUT ,
◄ NOTARY PUBLIC· MINNESOTA ~
, My Commission Expires J
' January 31, 2025 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY lNSURANCE COMP ANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full for(e and has not been revuk,-d, and the resolutions set forth above are now ill force.

Signed and sealed. Dated :lS +"'- day of ~211') , J.c)..:?,- I
This Power of Attorney expires
January 31, 202 5 I
Please direct bond verifications co suretyCaJjncac1jnsyrance com Kara Barrow, Secrela1y
City Council Agenda Packet, Monday, February 5, 2024. Page 93

State of California
County of Orange
on April 27, 2022 before me, Sandra L. Zundell, Notary Public (insert name and title of the officer)
personally appeared _ D_av_i_d_B_a_r_is_ic _____________ _ _____ __ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my h 'nd and official seal.

SA,~DRA l. ZUNDELL
Notary Public • California
O~an_ge Caun ty
Comm1,s10n # 2278935
My Comm. fxpirt>s Mar 26, 2023
City Council Agenda Packet, Monday, February 5, 2024. Page 94 Bond Number. 800136519

CITY OF LA VERNE

SUR VEY MONUMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the CITY OF LA VERNE, County of Los Angeles, State of California, has entered into a Survey Monument Agreement with La Verne 58, LLC, a Delaware limited liability company hereinafter designated as the "Principal", which Agreement is dated ______ ____ , for the setting of survey monuments and tie points for that certain division of land known as Tract No. 83353 , and
WHEREAS, said Principal is required under the terms of said contract to famish a bond for the faithfol performance on said contract;
NOW, THEREFORE, we the Principal, and AtlanticSpeciattylnsurancaCompany as Surety, are held and firmly bound unto the CITY OF LA VERNE in the penal sum of Two 1ha11saod Five Hundred and no/JOO DOLLARS (S 2.500.00 ), lawful money of the United States for the payment of which sum well and lruly lo be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly ke<a:p and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and perfomted at the time and in the manner therein specified, and in all respects according to their true inlenl and meaning, and shall indemnify and save harmless the CITY OF LA VERNE, its officers, agents and employees a~ therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable allorney's fees, incurred by the CITY OF LA VERNE in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect il, obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifo;ations. [)I WITNESS WHEREOF, the above bounded parties have entered this instrument under their seals this 25th day of April . 20 22 , the name
and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

La Verne 58, LLC, a Delaware limited liability company
APPROVED AS TO FORM:

PRINCIPAL
CfTY ATTORNEY
Brook T. Smith, Attorney-in-Fact
p:\- clien19\,la verne\_forms\WOO\lvsurveymnmtbnd.doc
City Council Agenda Packet, Monday, February 5, 2024. Page 95

State of Kentucky
County of Jefferson
On April 25, 2022 before me, Susan Ritter, Notary Public (insert name and title of the officer)
personally appeared _ B_ro_o_k_T_._S_m_ it_h _________ ________ ___ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of Kentucky that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __ ~_ · --~-~---- (Seal)
lnan Ritter
IIOTMrPUaLrc
IWIAT WiGE, WfTIJCkY
ID # ICYNP48206
llr Cl IIIJOUIPIRES MAACH 4, 2026
------ ----------------------------------
City Council Agenda Packet, Monday, February 5, 2024. Page 96 Power c Attorney
KNOW ALL MEN BY TIIESE PRESENTS, that ATLANTIC SPECIAL TY INSURANCE COMP ANY, a New York corporation with ii- principal office in Plymouth, Minnesota, docs hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S.

Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authorily shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, comracts of indemnity, and all other \\Tilings obligatory in the nature thereof in pursuance of these present~, shall be as binding upon said Company as ii they had been fully signed by an authorized officer of the Company and sealed with the Company seal. Titis Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATI.ANTIC SPECIAL TY JNSURANCE COMPANY on the twerny-fifch day of September, 2012:

Resolved: That the President, any Senior Vice President or Vice-President (each an «Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authortzed Officer may appoint and authortze an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authotity given to any such At1omey-in Fac1.

Resolved; That the A norney-in-Fact may be given full power and authority to execute for and in the name and on behall' of the Company any and all bonds, recognizances, comracts of indemnity, and all other writings obligatozy in the nature thereof, and any such instrument executl'd by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY JNSURANCE COMPANY on the twenty-fifth day of September, 2012; Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and lhc Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an A1torney-i.n-Fac1 for purposes only of executing and sealing any bond, undertaking, n,cognizonce or other written obligation ill the nature thcm.,f, and any such signature and seal where so used, being hereby adopted by the Company as the orjgiaal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, AILANTIC SPECIAL TY INSURANCE COMP ANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020.

STAIE OF MJNNESOTA

HENNEPIN COUNTY
By
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of 11.prH, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer desctibed in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding ircstrument is the sea\ of said Company and that the said seal and the signature as such officer was duly affixl'd and subscribed to the said instrument by the authority and at the direction of the Company.

ALISON OWAN NASH-TROUT
NOTARY PUBUC • MIHN£SOTA
My Commission Expires
January 31, 2025 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECTAL TY TNSURANCE COMPANY, a New York Corporution, <lo hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above arc now in force.

Signed and sealed. Dated 2S ,t,h day of /tpn I ;..o;;.;;;... .i'.,.,,~:.i'~-;/S''t,~,~
This Power of Attorney expires
January 31, 2025
•• 'I-" .-· "••·"-9 ..... .ic"J,,·· 1"1Q •• __ ..,..A_-s.1 , t,; •• ,:,t:-,V..c ll,ir(' • . ..,"
!fki SEAL ·-,~;,
t~'._ 1986 :gj
';".i-··.-i, +. . .-~l \""f -~~ •101'.'.• ➔.,, ·' ,..,,<"'._*•.,.i,,,..- 4~~"'~~····
Please direct bond verifications to _,.,ret, rc11jntactjns11rnncr com Kara Barrow, Secretary
City Council Agenda Packet, Monday, February 5, 2024. Page 97

State of California
County of Orange
On April 27, 2022 before me. Sandra L. Zundell, Notary Public (insert name and title of the officer)
personally appeared __ D_a_vi_d_B_a_r_is_i_c _ _____________ _ ______ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
City Council Agenda Packet, Monday, February 5, 2024. Page 98 City of La Verne, City Council
Agenda Report

DATE: February 5, 2024

TO: Honorable Mayor and City Council

FROM:

Debra Fritz, Deputy City Clerk

SUBJECT:

DECLARATION OF INTENTION TO PROVIDE WEED

ABATEMENT ON SPECIFIC PROPERTIES

SUMMARY
Each year, the County of Los Angeles Department of Agricultural Commissioner/Weights & Measures conducts inspections for weeds, brush, rubbish, and refuse on public and private property that may be considered a seasonal and recurrent nuisance. A list of properties is provided to the City for review. City Council is then required to declare its intention to provide for this abatement and set a public hearing for affected property owners to register objections to said abatement.

RECOMMENDATION
Staff recommends that Council adopt Resolution No. 24- 08, declaring the intention to provide for the abatement of weeds, brush, rubbish, and refuse and setting a public hearing for Tuesday, February 20, 2024, at 6:30 p.m.

DISCUSSION
Every year, a number of private and public properties are declared to be a fire hazard, therefore; a public nuisance due to overgrowth of weeds or brush or the presence of rubbish or other flammable materials. The County of Los Angeles Department of Agricultural Commissioner/Weights & Measur es has been designated to inspect the properties, provide notice to the property owners, and perform weed abatement services.

The process as permitted by California Government Code Section 39560 to 39588 requires that Council first declare its intention to provide for the abatement and set a public hearing to allow affected property owners to register objections to the abatement of the weeds, brush, rubbish, and refuse.

FISCAL ANALYSIS
The recommended action has no financial impact.

ENVIRONMENTAL ANALYSIS
Not applicable.

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

ATTACHMENTS

1. Weed Abatement Declaration List

2. Resolution No. 24-08

City Council Agenda Packet, Monday, February 5, 2024. Page 99 Kurt E. Floren
Agricultural Commissioner
Director of Weights and Measures
January 10, 2024
Lupe Estrella, City Clerk
City of La Verne
3660 D Street
La Verne, CA 91750
Dear Ms. Estrella,

COUNTY OF LOS ANGELES
Department of
Agricultural Commissioner/
Weights and Measures
12300 Lower Azusa Road
Arcadia , CA 91006-5872
https://acwm.lacounty.gov
REQUEST TO REVIEW DECLARATION LIST 2024
Maximiliano E. Regis
Chief Deputy
Enclosed is a list of parcels in the City of La Verne which have been identified, by inspection, to contain or have the potential to contain weeds or brush sufficient to be considered a public nuisance. We are recommending that the City include them in its annual weed abatement process beginning with the City Council resolution adoption scheduled for February 5, 2024. Please review the list and submit any changes in writing as soon as possible so the Resolution and Final Declaration List be sent to your City for approval.

The same state law pursuant to which the City's weed abatement program is conducted can also be used to abate rubbish and refuse (illegal dumping, etc.) on private property in your City. If your City is interested in pursuing this, our Department may be able to help.

For more information on this, please feel free to contact me at (626) 575-5487.

ADRIAN ZAVALA
Deputy Director/Bureau Chief
Weed Hazard and Integrated Pest Management Bureau
AZ:jr
Enc.

Protecting Consumers and the Environment Since 1881
To Enrich Lives Through Effective and Caring Service
City Council Agenda Packet, Monday, February 5, 2024. Page 100 Kurt E. Floren
Agricultural Commissioner
Director of Weights and Measures
January 10, 2024
The Honorable City Council
City of La Verne
3660 D Street
La Verne, CA 91750
Honorable City Council:

COUNTY OF LOS ANGELES
Department of
Agricultural Commissioner/
Weights and Measures
12300 Lower Azusa Road
Arcadia , CA 91006-5872
https://acwm./acounty.gov
Maximiliano E. Regis
Chief Deputy
RESOLUTION DECLARING THAT WEEDS, BRUSH, RUBBISH, ETC., ARE A

SEASONAL AND RECURRENT PUBLIC NUISANCE
Transmitted herewith is the Declaration List of properties which have been found by inspection to have weeds, brush and/or rubbish growing or occurring upon them and which constitute an existing or potential hazard to the health and safety of adjacent property owners.

Also attached is a resolution for adoption by the City Council declaring that hazardous weeds, brush, rubbish, etc., growing or occurring upon or in front of the listed properties are a seasonal and recurrent public nuisance.

It is my recommendation that the Honorable City Council adopt this resolution at its meeting of February 5, 2024, which sets February 20, 2024, at 6:30 p.m. as the date and time for Hearing of Protests. After your City Council adopts the resolution, please send a copy to our Weed Abatement Division at the above address.

On or before February 1, 2024, Annual Weed Abatement Notices will be sent to the owners of the properties identified in the resolution pursuant to state law. An affidavit attesting to the mailing of the annual notices is attached. If you have any questions, please contact me at (626) 575-5487.

Respectfully submitted ,

ADRIAN ZAVALA
Deputy Director/Bureau Chief
KEF:AZ:jr
Protecting Consumers and the Environment Since 1881
To Enrich Lives Through Effective and Caring Service
City Council Agenda Packet, Monday, February 5, 2024. Page 101

PARCEL LOCATION
8371004903 WHITE AVE
8371004904 WHITE AVE
8371004908
8375010001 2743 DST
8375026066 8TH STREET
8375026068 8TH STREET
8377025900 ARROW HWY
8377025901 ARROW HWY
8377025902 ARROW HWY
8377026900 ARROW HWY
8377026901 ARROW HWY
8377028900 ARROW HWY
8377028901 ARROW HWY
8378002900 ORANGE STREET
8378002901 ORANGE STREET
8378002902 D STREET
8378002903 FAIRPLEX DRIVE
8378003013 2016 ARROW HWY
8378003034 ARROW HWY
8378004025 WALNUT STREET
8378004900 ORANGE STREET
8378004901 ORANGE STREET
8378005005 1974 ARROW HWY
8378006900 ORANGE STREET
8378006901 ORANGE STREET
8378007030 WALNUT STREET
8378007031 WALNUT STREET
8378007032 WALNUT STREET
8378007903 WALNUT STREET
2024

LOS ANGELES COUNTY DECLARATION LIST

CITY OF LA VERNE
KEY OF B, CITY CODE 370 (UNIMPROVED)

OWNER MAILING ADDRESS
LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 METRO GOLD LINE C/O MITCHELL S PURCEL 406 E HUNTINGTON DR STE 202 CULLEN,JEREMIAH J AND JENNIFER L 5265 VIA DE MANSION
BUTLER,CHRISTOPHER AND LYNN TRS 2415 7TH ST
GARCIA,JUAN M 1996 PEYTON RD
LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
MCLAY,ARCHIBALD AND TALVA TRS 2036 ARROW HWY
JACKSON,WILLIAM HAND ENJOLI TRS 273 ROSEBOY DRIVE
ZAVALA,AGATHA CTR 2046 WALNUT ST
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
GOMEZ,SOLEDAD RAND 803 DONLEY ST
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
ALEJANDRE,VINCENT E AND 1615 REDWOOD WAY
ALEJANDRE,VINCENT E AND 1615 REDWOOD WAY
ALEJANDRE,VINCENT E AND 1615 REDWOOD WAY
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE

CITY/STATE ZIP
MONROVIA CA 91016
MONROVIA CA 91016
MONROVIA CA 91016
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
MONROVIA CA 91016
MONROVIA CA 91016
MONROVIA CA 91016
MONROVIA CA 91016
MONROVIA CA 91016
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LA VERNE CA 91750
ENCINITAS CA 92024
LA VERNE CA 91750
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LA VERNE CA 91750
LOS ANGELES CA 90012
LOS ANGELES CA 90012
UPLAND CA 91784
UPLAND CA 91784
UPLAND CA 91784
ALHAMBRA CA 91803
City Council Agenda Packet, Monday, February 5, 2024. Page 102

PARCEL LOCATION
8378007904 A STREET
8378007910 WALNUT STREET
8378008011 1828 ARROW HWY
8378010041 MARSHALL CANYON CHANNEL
8378010911 MARSHALL CANYON CHANNEL
8378010918 A STREET
8378010926 WHEELER AVE
8378010927 WHEELER AVE
8378011904 PUDDINGSTONE CHANNEL
8378011905 ARROW HWY
8378011906 ARROW HWY
8378011907 ARROW HWY
8378011908 ARROW HWY
8378012033 ARROW HWY
8378012909 CARRION RD
8378012911
8378012912
8378012913 PUDDINGSTONE CHANNEL
8378012914
8378013082 FAIRPLEX DRIVE
8378013083 FAIRPLEX DRIVE
8378013910 ORANGE STREET
8378013911 ORANGE STREET
8378014004 1910 FAIRPLEX DR
8378014005 1911 FAIRPLEX DR
8378025113 ARBOR CIRCLE
8378028006 PUDDINGSTONE DR
8378029020 VAN DUSEN RD
8381019900 WHEELER AVE
2024

LOS ANGELES COUNTY DECLARATION LIST

CITY OF LA VERNE
KEY OF B, CITY CODE 370 (UNIMPROVED)

OWNER MAILING ADDRESS
LACMTA 1 GATEWAY PLAZA
LA VERNE 58 LLC 16580 ASTON
MOLLICONE,LARRY AND FRANCES TRS 10926 MICHAEL HUNT DR
UNIVERSITY OF LAVERNE 1950 3RD ST
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 METRO GOLD LINE FOOTHILL EXT 460 E HUNTINGTON DR SUITE 202 UNIVERSITY OF LA VERNE 1950 3RD ST
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
LACMTA 1 GATEWAY PLAZA
SOUTHERN CALIFORNIA WATER CO 630 E FOOTHILL BLVD
SOUTHERN CALIFORNIA WATER CO 630 E FOOTHILL BLVD
METROPOLITAN WATER DIST PO BOX 54153
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
AYALA,MARIAN MTR 2081 N RESERVE PKWY
AYALA,MARIAN MTR 2081 N RESERVE PKWY
PLV HOMEOWNERS ASSOC INC 147 E OLIVE AVE
PARK LA VERNE ESTATES AT PO BOX 7758
PARK LA VERNE ESTATES AT PO BOX 7758
METROPOLITAN WATER DIST PO BOX 54153

CITY/STATE ZIP
LOS ANGELES CA 90012
IRVINE CA 92606
SOUTH EL MONTE CA 91733
LA VERNE CA 91750
ALHAMBRA CA 91803
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
ALHAMBRA CA 91803
MONROVIA CA 91016
MONROVIA CA 91016
MONROVIA CA 91016
MONROVIA CA 91016
LA VERNE CA 91750
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
LOS ANGELES CA 90012
SAN DIMAS CA 91773
SAN DIMAS CA 91773
LOS ANGELES CA 90054
ALHAMBRA CA 91803
WASHINGTON UT 84780
WASHINGTON UT 84780
MONROVIA CA 91016
LA VERNE CA 91750
LA VERNE CA 91750
LOS ANGELES CA 90054
City Council Agenda Packet, Monday, February 5, 2024. Page 103

PARCEL LOCATION
8381020902 WHEELER AVE
8381020903 WHEELER AVE
8381023901 WHEELER AVE
8381030902 WHEELER AVE
8381030903 WHEELER AVE
8381033017 18371ST ST
8381034900 ARROW HWY
8381034901 ARROW HWY
8381036023 3RD ST
8381036905 WHEELER AVE
8381036906 WHEELER AVE
8382005901
8382006039 DE ANZA HEIGHTS
8382006042 WALNUT STREET
8382006043 WALNUT STREET
8382006044 DE ANZA HEIGHTS
8382006049 DE ANZA HEIGHTS
8382006050 DE ANZA HEIGHTS
8382006051 DE ANZA HEIGHTS
8382006052 DE ANZA HEIGHTS
8382006053 DE ANZA HEIGHTS
8382006054 DE ANZA HEIGHTS
8382006055 DE ANZA HEIGHTS
8382006061 DE ANZA HEIGHTS
8382006062 DE ANZA HEIGHTS
8382006065 DE ANZA HEIGHTS
8382024170 SUN ROSE ST
8382024176 DE ANZA HEIGHTS
8382025192 SUN ROSE ST
2024

LOS ANGELES COUNTY DECLARATION LIST

CITY OF LA VERNE
KEY OF B, CITY CODE 370 (UNIMPROVED)

OWNER MAILING ADDRESS
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
CARMONA,RICHARD CO TR ET AL 1273 GROVE AVE
LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 LA TO PASADENA METRO BLUE LINE 460 E HUNTINGTON DR SUITE 202 DREAM HOME TCB LLC 4183 TEMPLE CITY BLVD UNIT A
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
LACMTA 1 GATEWAY PLAZA
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
PUDDINGSTONE LA VENTURE LLC 18401 ARENTH AVE BLDG B
LIU,PYNG SHAN 439 DEODAR LN
PUDDINGSTONE VILLAGE HOMEOWNERS PO BOX 7758
PUDDINGSTONE VILLAGE HOMEOWNERS PO BOX 7758
PUDDINGSTONE VILLAGE HOMEOWNERS PO BOX 7758

CITY/STATE ZIP
LOS ANGELES CA 90054
LOS ANGELES CA 90054
LOS ANGELES CA 90054
LOS ANGELES CA 90054
LOS ANGELES CA 90054
UPLAND CA 91786
MONROVIA CA 91016
MONROVIA CA 91016
EL MONTE CA 91731
LOS ANGELES CA 90054
LOS ANGELES CA 90054
LOS ANGELES CA 90012
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
CITY OF INDUSTRY CA 91748
BRADBURY CA 91008
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
City Council Agenda Packet, Monday, February 5, 2024. Page 104

PARCEL LOCATION
8391003911 DAMIEN AVE
8391021059 BONITA AVE
8391026040 DAMIEN AVE
8391026070 DAMIEN AVE
8664009901 PUDDINGSTONE CHANNEL
8664009902 PUDDINGSTONE CHANNEL
8664009904 PUDDINGSTONE CHANNEL
8664009905 PUDDINGSTONE CHANNEL
8664010030 PUDDINGSTONE CHANNEL
8664010031 PUDDINGSTONE CHANNEL
8664010032 PUDDINGSTONE CHANNEL
8664010033 PUDDINGSTONE CHANNEL
8664010034 PUDDINGSTONE CHANNEL
8664010035 PUDDINGSTONE CHANNEL
8664010036 PUDDINGSTONE CHANNEL
8664010037 PUDDINGSTONE CHANNEL
8664010038 PUDDINGSTONE CHANNEL
8664010039 PUDDINGSTONE CHANNEL
8664015030 PUDDINGSTONE CHANNEL
8664017002 OLD WHEELER ROAD
8664020902 BIRDIE DR
8664035019 4527 EMERALD AVE
8664043902 WHEELER AVE
8664043903 WHEELER AVE
8665015903
8665019133 PUDDINGSTONE CHANNEL
8665019912 PUDDINGSTONE CHANNEL
8665027918 PUDDINGSTONE CHANNEL
8665027920 PUDDINGSTONE CHANNEL
2024

LOS ANGELES COUNTY DECLARATION LIST

CITY OF LA VERNE
KEY OF B, CITY CODE 370 (UNIMPROVED)

OWNER MAILING ADDRESS
METROPOLITAN WATER DIST PO BOX 54153
CHF,INC 630 E FOOTHILL BLVD
MORA ,STEVE V AND TRINIE G 3322 DAMIEN AVE
MORA ,STEVE V AND TRINIE G 1416 ELYSIAN AVE
LA VERNE CITY 3660 DST
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
TORRES,JOHN AND GLORIA 4969 OLD RANCH RD
MCCOOK,GAYE 4973 OLD RANCH RD
PLUMLEY,JEFF D AND EILEAN N 4981 OLD RANCH RD
MARSHALL ,PETER AND MONICA TRS 4985 OLD RANCH RD
MARROLLl ,DONALD JSR AND MARIA R 4987 OLD RANCH RD
ROBBINS,MATTHEW J AND 4991 OLD RANCH RD
RODGERS,CARRIE L CO TR 1166 OAK KNOLL TERRACE
SCHIRO,VITO AND GIOVANNA TRS 2225 EAGLE DR
PALOVCHIK,TAWNY 1158 OAK KNOLL TERRACE
MILLER,FRED D AND CHING H 1154 OAK KNOLL TER
WILKINSON,LINDA L 5077 OLD RANCH RD
BURKLE,JOE SAND ELIZABETH A 37888 OAK GLEN RD
METROPOLITIAN WATER DIST PO BOX 54153
CHANG,SHUI SHENG AND YU CHIN 5560 BLUEJAY ST
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
STATE OF CALIF 707 3RD ST 5TH FL
CARRANZA,JUAN C AND ALBAROSA 1338 CANYON VIEW DR
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE

CITY/STATE ZIP
LOS ANGELES CA 90054
SAN DIMAS CA 91773
LA VERNE CA 91750
POMONA CA 91767
LA VERNE CA 91750
ALHAMBRA CA 91803
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
YUCAIPA CA 92399
LOS ANGELES CA 90054
LA VERNE CA 91750
LOS ANGELES CA 90054
LOS ANGELES CA 90054
SACRAMENTO CA 95605
LA VERNE CA 91750
ALHAMBRA CA 91803
ALHAMBRA CA 91803
ALHAMBRA CA 91803
City Council Agenda Packet, Monday, February 5, 2024. Page 105

PARCEL LOCATION
8665027921 PUDDINGSTONE CHANNEL
8665027923 PUDDINGSTONE CHANNEL
8665030045 SAN DIMAS CANYON RD
8665031900 PUDDINGSTONE CHANNEL
8666005041 GRANADA LANE
8666005044 MANZANITA CIRCLE
8666009032 DAWN AVE
8666051028 ESPERANZA DR
8666051029 YUCCA CIRCLE
8666054038 ESPERANZA DR
8666058904 5100 ESPERANZA DR
8666058905 5101 ESPERANZA DR
8666058906 SHEMIRAN ST
8666059009 5101 ESPERANZA DR
8666059901 RIDGEVIEW ST
8666059903 EDGEWOOD DR
8666059904 CANYON CREST DR
8666059908 RIDGEVIEW ST
8666063034 TEAL STREET
8678021912 5101 ESPERANZA DR
8678021914 5102 ESPERANZA DR
8678021919 5103 ESPERANZA DR
8678022012 BRYDON RD
8678022901 GOLDEN HILLS RD
8678022902 GOLDEN HILLS RD
8678023020 MOUNTAIN SPRINGS RD
8678023026 MOUNTAIN SPRINGS RD
8678023027 MOUNTAIN SPRINGS RD
8678023031 MOUNTAIN SPRINGS RD
2024

LOS ANGELES COUNTY DECLARATION LIST

CITY OF LA VERNE
KEY OF B, CITY CODE 370 (UNIMPROVED)

OWNER MAILING ADDRESS
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
BURKLE,JOE SAND ELIZABETH A 37888 OAK GLEN RD
LA COUNTY FLOOD CONTROL DISTRICT 900 S FREMONT AVE
SBICCA,ARTHUR TR ET AL 2650 LOMBARDY RD
BECKER,JONATHAN AND MELISSA TRS 1935 PUDDINGSTONE DR
MAN DELL,STEVE 541 S GLENDORA AVE
BAKSHANDEH,NORA 3048 CLARMEYA LN
BAKSHANDEH,NORA 3048 CLARMEYA LN
LA VERNE LIVE OAK HOMEOWNERS 1275 CENTER COURT DR
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
METROPOLITAN WATER DIST PO BOX 54153
SOL LONG TERM LAND INVESTMENT PO BOX 11480
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
METROPOLITAN WATER DIST PO BOX 54153
LA VERNE CITY 3660 DST
LA VERNE LIVE OAK HOMEOWNERS 1275 CENTER COURT DR
LA VERNE CITY 3660 DST
LA COUNTY 500 W TEMPLE ST RM 648
LA VERNE CITY 3660 DST
ANABl,SAMIR AND MANAL TRS ET AL 7463 BRYDON RD
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
CHOW,HUBERT WAND ERIN J TRS 5360 MOUNTAIN SPRINGS RANCH RD MISTRETTA FAMILY PROPERTIES LLC 846 W FOOTHILL BLVD STE G MISTRETTA FAMILY PROPERTIES LLC 846 W FOOTHILL BLVD STE G CHARLEBOIS,GARY AND LORI TRS 2025 BONITA AVE

CITY/STATE ZIP
ALHAMBRA CA 91803
ALHAMBRA CA 91803
YUCAIPA CA 92399
ALHAMBRA CA 91803
SAN MARINO CA 91108
LA VERNE CA 91750
GLENDORA CA 91741
PASADENA CA 91107
PASADENA CA 91107
COVINA CA 91724
LOS ANGELES CA 90054
LOS ANGELES CA 90054
LOS ANGELES CA 90054
BEVERLY HILLS CA 90213
LA VERNE CA 91750
LA VERNE CA 91750
LOS ANGELES CA 90054
LA VERNE CA 91750
COVINA CA 91724
LA VERNE CA 91750
LOS ANGELES CA 90012
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
UPLAND CA 91786
UPLAND CA 91786
LA VERNE CA 91750
City Council Agenda Packet, Monday, February 5, 2024. Page 106

PARCEL LOCATION
8678024019
8678024021 SAN DIMAS CANYON RD
8678024022 CHARMONTRD
8678027029 COUNTRY CLUB DR
8678027036 ANGUS DR
8678027273 BIRDIE DR
8678034051 BELLA COLINA
8678062900 ESPERANZA DR
8678066021 ESPERANZA DR
8678067270 CANYON CREST DR
8678067271 CANYON CREST DR
8678067900 CANYON CREST DR
8678067901 CANYON CREST DR
8678072047 VISTA DEL SOL
8678073013 VISTA DEL SOL
8678073900 VISTA DEL SOL
8678067901
8678069900
8678069903
8678071901
8678072047
8678074020 SADDLE CREEK COURT
8678074027 GOLDEN HILLS RD
2024

LOS ANGELES COUNTY DECLARATION LIST

CITY OF LA VERNE
KEY OF B, CITY CODE 370 (UNIMPROVED)

OWNER MAILING ADDRESS
HENNESSY, MILDRED E 1959 TEMPLE HILLS DR
AHMED,IQBAL TR PO BOX 8181
ZACHARIAS,DAVID SAND CYNTHIA M 6702 CALM BANK AVE
SO LONG TERM LAND INVESTMENT PO BOX 11480
SO LONG TERM LAND INVESTMENT PO BOX 11480
LA CITY DEPT OF WATER AND POWER PO BOX 51111 RM 633
CREEKSIDE AT LA VERNE 5 PETERS CANYON RD STE 310
LA VERNE CITY 3660 DST
SEIDNER,MURREY I CO TR 4500 ROSEMEAD BLVD
LA CITY DEPT OF WATER AND POWER PO BOX51111
LA CITY DEPT OF WATER AND POWER PO BOX51111
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
MARSHALL CANYON ESTATES 9130 ANAHEIM PLACE
MARSHALL CANYON ESTATES 9130 ANAHEIM PLACE
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
LA VERNE CITY 3660 DST
MARSHALL CANYON ESTATES 9130 ANAHEIM PLACE
LA VERNE OAK TREE ESTATES HOA 9858 IRVINE CENTER DR
VINTAGE GROUP 24422 AVENIDA DE LA CARLOTA STE 450

CITY/STATE ZIP
LAGUNA BEACH CA 92651
LA VERNE CA 91750
LA VERNE CA 91751
BEVERLY HILLS CA 90213
BEVERLY HILLS CA 90213
LOS ANGELES CA 90051
IRVINE CA 92606
LA VERNE CA 91750
ROSEMEAD CA 91770
LOS ANGELES CA 90051
LOS ANGELES CA 90051
LA VERNE CA 91750
LA VERNE CA 91750
RANCHO CUCAMONGA 91730
RANCHO CUCAMONGA 91730
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
LA VERNE CA 91750
RANCHO CUCAMONGA 91730
IRVINE CA 92618
LAGUNA HILLS CA 92653
City Council Agenda Packet, Monday, February 5, 2024. Page 107 RESOLUTION NO. 24-08

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

DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF

SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC

NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR

THE ABATEMENT THEREOF

THE CITY COUNCIL OF THE CITY OF LA VERNE DOES RESOLVE AS FOLLOWS:

BE IT RESOLVED THAT, pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of La Verne specifically finds:

SECTION 1. That the w eeds, brush, or rubbish growing or existing upon the streets, sidewalks, or private property in the city attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious, dangerous, or a public nuisance.

SECTION 2. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard.

SECTION 3. That by
reason of the foregoing fact, the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property constitute a seasonal and recurrent public nuisance and should be abated as such.

SECTION 4. That the pr
ivate property, together with the streets and sidewalks in front of same herein referred to, is more particularly described as follows, to wit: That certain property described in the attached list hereto and by this reference made a part hereof as though set forth in full at this point.

BE IT TH ER
EFORE RESOLVED, pursuant to the findings of fact, by this Council heretofore made, that the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail and said notice shall be substantially in the following form to wit.

City Council Agenda Packet, Monday, February 5, 2024. Page 108

NOTICE TO DESTROY WEEDS, REMOVE BRUSH, RUBBISH AND REFUSE

Notice is hereby given that on February 5, 2024, the City Council of the City of La Verne passed or will pass a resolution declaring noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse were growing or occurring upon or in front of said property on certain streets in said city or unincorporated area of the County of Los Angeles, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of said noxious or dangerous vegetation, rubbish and refuse. The resolution further declares that, if not abated, the vegetation and/or rubbish and refuse may be removed, and the nuisance abated by County authorities in which case the cost of removal shall be assessed upon the land from or in front of which the noxious or dangerous vegetation, rubbish and refuse are removed. Such cost will constitute a special assessment against such lots or lands. Reference is hereby made to said resolution for further particulars. In addition, the Board of Supervisors of the County of Los Angeles authorized and directed the Agricultural Commissioner to recover its costs of details. All property owners having any objections to the proposed removal of noxious or dangerous vegetation, rubbish and refuse and the recovery of inspection costs, are hereby notified that they may attend a hearing of the City Council of said City to be held at 3660 D Street , La Verne, CA 91750, in the Council Chambers on Tuesday, February 21, 2023 at 6:30 p.m. where their objections will be heard and given due consideration. If the property owner does not want to present objections to the proposed removal of the noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse, or the recovery of inspection costs, the owner need not appear at the above mentioned hearing.

Debra Fritz, Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 109

BE IT FURTHER RESOLVED that the Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspections. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety.

BE IT FURTHER RESOLVED that the 20th day of February, 2024, at the hour of 6:30 p.m. of said day is the day and hour, and the meeting room of the City Council of the City of La Verne in the City Hall in the City of La Verne is fixed by this City Council as the place when and where any and all property owners having any objections to the aforesaid proposed removal of weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material may appear before the City Council and show cause why said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material should not be removed in accordance with this resolution, and said objections will then and there be heard and given due consideration; and

BE IT FURTHER RESOLVED that the notices to destroy weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material hereinbefore referred to shall be mailed by said Agricultural Commissioner/Director of Weights and Measures at least ten days prior to February 20, 2024.

Passed and adopted this 5
th day of February 2024.

Mayor Tim Hepburn

ATTEST:

BY
Debra Fritz, Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 110 ABATEMENT ORDER: 24-08 February 5, 2024

FOLLOWING THE PUBLIC HEARING HELD ON TUESDAY, FEBRUARY 20, 2024, IN THE

MATTER OF RESOLUTION TO ABATE NOXIOUS WEEDS, RUBBISH, AND REFUSE, THE

CITY COUNCIL OF THE CITY OF LA VERNE, BY MOTION ADOPTED AN ORDER

DIRECTING THE AGRICULTURAL COMMISSIONER/DIRECTOR OF WEIGHTS AND

MEASURES TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, AND REFUSE REMOVED.

CITY OF LA VERNE

Mayor Tim Hepburn

ATTEST:

BY
Debra Fritz, Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 111

STATE OF CALIFORNIA )
) SS

COUNTY OF LOS ANGELES )

ADRIAN ZAVALA, DEPUTY DIRECTOR, BUREAU CHIEF, AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES, being first duly sworn says: That on or before the 5th day of February, 2024, as required by the Government Code of the State of California, he notified by United States Mail the owners of each of the properties described in the attached list a notice or notices to destroy noxious or dangerous weeds, of which the annexed is a true copy, and setting the 20th day of February, 2024, as the date upon which owners of said property could attend a meeting of the Council of the City of La Verne, when their objections will be heard and given due consideration.

ADRIAN ZAVALA
Deputy Director, Bureau Chief

SUBSCRIBED AND SWORN TO BEFORE ME

This 5th day of February, 2024

Debra Fritz, Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 112

CERTIFICATION

I hereby certify that the foregoing Resolution No. 24-08, was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 5th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________________
Debra Fritz, Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 113 This page left intentionally blank
City Council Agenda Packet, Monday, February 5, 2024. Page 114 City of La Verne, City Council
Agenda Report

DATE: February 5, 2024

TO: Mayor and City Council

FROM: Christy Lopez, Finance Director

SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR JUNE 30, 2023 ____________________________________________________________________________

SUMMARY
The City has completed its Annual Comprehensive Financial Report (ACFR) for the fiscal year ending June 30, 2023. This report has undergone a thorough audit by the independent firm Badawi & Associates (B&A). The ACFR, detailing the City's financial position and operating activities, is accessible on the City’s website : https://www.cityoflaverne.org/468/Annual-Budget- Comprehensive-Report.

RECOMMENDATION
It is recommended that the City Council receive and file the Annual Comprehensive Financial Report, Report on Internal Control over Financial Reporting and on Compliance and Other Matters, along with the Auditor Letter to the City Council for the fiscal year ended June 30, 2023.

DISCUSSION
In accordance with the City of La Verne Municipal Code and State Law, an annual audit of the City's financial records was conducted by the independent certified public accountant firm, B&A.

The audit adhered to auditing standards generally accepted in the United States of America and Governmental Auditing Standards. B&A's Independent Auditor’s Report, found on pages 1 – 4 of the ACFR, provides an unmodified ("clean") opinion, representing the highest level of assurance.

B&A also fulfilled reporting requirements for an audit in line with Government Auditing Standards.

Their considerations covered the City’s internal controls and procedures to test compliance with laws, regulations, contracts, and grant agreements. The auditors outlined significant accounting estimates made by the City and confirmed their reasonableness. Importantly, the financial statement disclosures were deemed neutral, consistent, and clear. No uncorrected misstatements were identified, and the auditor’s letter contains no findings.

To fulfill reporting obligations under the California Health & Safety Code Section 34176.1, as amended by Senate Bills 341 (2013) and 107 (2015), B&A prepared the Addendum to the Annual Progress Report of the Housing Successor of the City of La Verne as of June 30, 2023. This addresses specific reporting requirements outlined in the legislation.

FISCAL ANALYSIS
There is no fiscal impact associated with this item.

ENVIRONMENTAL ANALYSIS
Not applicable

LEGAL REVIEW
Not applicable
City Council Agenda Packet, Monday, February 5, 2024. Page 115 This page left intentionally blank
City Council Agenda Packet, Monday, February 5, 2024. Page 116 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council
FROM: Candice Bowcock, Principal Planner
SUBJECT: ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR CURB RAMP ACCESSIBILITY PROJECT ($150,000)

SUMMARY
This action will allocate approximately $ 150,000 of the Community Development Block Grant to the Curb Ramp Accessibility Project to ensure completion of the project by the March 31, 2024, expenditure deadline.

RECOMMENDATION
That the City Council approve Resolution No. 24- 10 titled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING THE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF

FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024,” and appropriating $150,000 within the CDBG fund to the Fiscal Year 2023- 24 Adopted Budget.

DISCUSSION
The City of La Verne receives Community Development Block Grant (CDBG) funds on an annual basis to address community needs. Working in collaboration with the Los Angeles County Development Authority (LACDA), the City has identified approximately $150,000 in CDBG funds designated for utilization by March 31, 2024.

A total of 10 -20 curb ramps between White Avenue and the City limits, and Foothill Boulevard and Bonita Avenue have been identified to be substandard, in disrepair, and do not provide unobstructed pathways for elderly seniors and disabled adults per current Americans with Disabilities Act guidelines. Acknowledging this deficiency, the City has garnered approval from the LACDA for the Curb Ramp Accessibility Project, an initiative deemed appropriate for the allocation of CDBG funds.

The Chart below illustrates the approved/allocated CDBG projects:

Program Allocation Status
Senior Hot Lunch Program 602243-23 $31,290 On-Going
ADA Sidewalk Repair Project 602624-23 $74,500 Complete
City Hall ADA Doors & Restroom 602637-22 $80,000 In Progress City Hall ADA Counters 602636-22 $120,000 In Progress
Curb Ramp Accessibility Project (1) $220,000 Complete
Curb Ramp Accessibility Project (2) $150,000 Proposed
City Council Agenda Packet, Monday, February 5, 2024. Page 117 A public notice was advertised on December 26, 2023 , at City Hall, the Public Safety Building, the Los Angeles Public Library, and published in the Inland Valley Daily Bulletin.

FISCAL ANALYSIS
Appropriations of $150,000 will need to be added to the Fiscal Year 2023- 24 Adopted Budget within the CDBG Fund. There is no impact to the General Fund.

ENVIRONMENTAL ANALYSIS
This project is categorically exempt per the California Environmental Quality Act.

LEGAL REVIEW
The City Attorney has reviewed and approved of this Agenda Report.

ATTACHMENTS
Resolution No. 24-10
City Council Agenda Packet, Monday, February 5, 2024. Page 118 RESOLUTION NO. 24-10

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

CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT

PROGRAM ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024
WHEREAS, the City of La Verne participates in the Community Development Block Grant program through the Los Angeles County Urban County Program; and WHEREAS, the County has allocated funds for projects which primarily benefit low- and moderate-income persons; and
WHEREAS, a duly noticed public hearing was posted on December 26, 2023, for the purpose of receiving public input.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. Staff is instructed to submit the CDBG Program Planning Summary for approval to the Los Angeles County Community Development Commission with funding for the following program in the specified amount for fiscal year 2023- 2024, as recommended in the staff report dated February 5, 2024:
2023-2024 CDBG Allocation
Curb Ramp Accessibility Project $150,000
Section 2. St
aff is authorized to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining unspent at the close of the fiscal year.

Section 3. The City Manager shall be authorized to submit the application and to sign all necessary forms and agreements for implementing the project.

Section 4. That the Mayor shall sign and the City Clerk shall attest to the passage and adoption of this Resolution.

Section 5. Funds in the amount of $150,000 are appropriated from the CDBG Fund within the Fiscal Year 2023-24 Budget for Sidewalk Repairs.

PASSED, APPROVED AND ADOPTED this 5th day of February 2024.

Mayor Tim Hepburn
I
City Council Agenda Packet, Monday, February 5, 2024. Page 119

ATTEST:

Debra Fritz, Deputy City Clerk

CERTIFICATION

I hereby certify that the foregoing Resolution No. 24 -10 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 5 th
day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________

Debra Fritz, Deputy City Clerk

City Council Agenda Packet, Monday, February 5, 2024. Page 120 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTION No. 24-07 APPROVING A CLASS SPECIFICATION

AND SALARY FOR DEPUTY CITY CLERK

SUMMARY
As a result of the recent retirement of the Assistant City Clerk, the City Clerk’s Office has been evaluated for efficiencies and organizational updates. Based on that review, a new classification titled Deputy City Clerk is being recommended to support the City Clerk’s Office for vital City business.

RECOMMENDATION
It is recommended that the City Council a dopt the attached Resolution No. 24-07 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR DEPUTY CITY CLERK.”

DISCUSSION
The City Clerk function within the Administrative Department includes the City Manager as City Clerk and requires technical and administrative support from a staff member with specialized training as well as relevant experience. Following the retirement of the longtime incumbent Assistant City Clerk who filled that technical support role, the City wishes to provide an updated position based on current needs and functionality of the City Clerk’s Office. Adoption of the Deputy City Clerk classification would set the specifications for this role, ensuring these key functions are ful filled by qualified and experienced staff, while allowing for future professional growth.

The Deputy City Clerk would be a member of the Middle Management employee group, receiving benefits as provided to other similarly classified positions. The proposed salary range is based on a review of the competitive market for deputy city clerk and is in line with area agency compensation.

It is important to note that the proposed Deputy City Clerk classification is separate from the designation defined in Title 2 Chapter 2 of the Municipal Code. That designation allows other staff such as an Administrative Clerk to provide attestation or certification as part of their regular job duties, such as swearings -in for employees or commissioners.

Such employees are deputized only for these limited certifications. The proposed formal job classification performs the full range of professional services for the City Clerk’s Office.

City Council Agenda Packet, Monday, February 5, 2024. Page 121

FISCAL IMPACT
The recommended action results in a financial savings and as such, no additional appropriations are being requested.

ENVIRONMENTAL IMPACT
Not applicable.

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

ATTACHMENTS

1. Resolution No. 24-07

2. Deputy City Clerk Job Classification
Submitted by:

Erin Friedeman, Management Analyst
City Council Agenda Packet, Monday, February 5, 2024. Page 122 Deput
y City Clerk
DEPARTMENT: A
dministration REVISED: February 2024
SUMMARY: To lead and coordinate comprehensive administrative, technical, and complex records functions within the City Clerk’s Office under the administrative direction of the City Manager; to supervise the City’s records management program; to perform as an office manager for City Administration by organizing and coordinating clerical office functions and procedures in order to ensure organizational effectiveness and efficiency; and perform other related duties as assigned.

Receives administrative and policy direction from the City Manager and Assistant City Manager.

Exercises technical supervision over assigned subordinate personnel.

ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of thi s class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:
• Oversees, coordinates, and implements City Clerk’s Office services, policies, procedures, and activities. • Prepares, organizes, prints, and assures distribution of the agenda and agenda packet materials for City Council and other meetings.
• Attends City Council meetings and records all official proceedings; prepares and edits minutes and other documents; directs the publication, filing, indexing, and safekeeping of all proceedings of the Council. • Maintains custody and directs the processing of official records and archives of the City including ordinances, resolutions, contracts, agreements, deeds, insurance documents, and meeting minutes; certifies copies as required; attests, publishes, indexes, and files ordinances and resolutions. • Oversees, signs, and ensures the dissemination of public and legal notices in accordance with state open meeting laws; maintains related files or directs such activity. • Executes and certifies official City documents, maintains custody of City Seal, administers and files oaths and affirmations, takes affidavits and depositions pertaining to City affairs, notarizes City documents as needed.
• Conducts City elections, assists in administering local data returns for State- wide elections, and provides liaison to the County Registrar/Recorder office.
• Supervises and administers the City’s Records Management and Archiving programs. • Coordinates City Clerk’s Office activities with those of other departments, staff, or managerial personnel, as well as outside agencies and organizations, as needed. • Administers required filings such as Conflict of Interest Statements and Financial and Campaign Disclosure Statements.
• Verifies and implements City Code updates by informing appropriate parties, coordinates with publisher and City Attorney to correct inconsistencies under policy direction of the City Council. • Attends bid openings, opens bids, and maintains custody of bid bonds. • Oversees copy room and mail operations, including equipment and consumables.

City Council Agenda Packet, Monday, February 5, 2024. Page 123 • Coordinates facility renovations and furniture purchases. • Arranges or coordinates travel arrangements and accommodations for City Council Members, City Manager, and executive staff attending conferences, classes, or events on behalf of the City as needed. • Maintains custody of the Administration Department credit card, reconciles monthly invoice with receipts, maintains billing records.
• Serves as acting City Clerk in the City Clerk’s absence and signs official documents as needed. • Coordinates claims filed against the City and processes proof of insurance certification requests. • Processes annual contract renewal documents.
• Responds to public inquiries and/or complaints that cannot be resolved at a lower staff level and assists in responding to Council Members' needs.
• Assists staff and other departments in interpreting City Municipal Code and City policies and procedures. • Provides complex research of records and documents for public and departmental requests. • Ensures office operations and procedures are organized, electronic and other filing systems are well designed and maintained, and requisitions are reviewed and approved. • Develops, implements, and trains processes for all administrative staff core functions, including travel booking, expense reporting, payment processing, record keeping, and other general administrative tasks to improve office procedure efficiency and effectiveness. • Performs review and analysis of special projects, tracks and communicates all progress. • Performs other duties as assigned.

QUALIFICATIONS:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education: Equivalent to an associate of arts degree from an accredited college or university and four years of responsible administrative experience, which involved responsibilities of a highly sensitive nature, and contact with the public, including or supplemented by specialized training in the city clerk occupational field. (Additional experience may be substituted for educational requirements on a year for year basis.) Experience: Six y ea rs of increasingly responsible administrative support experience involving taking and transcribing minutes of meetings, maintaining complex files, and providing technical assistance regarding policies, procedures, and regulations to staff or the public.

Knowledge of: Municipal Code, sections of Government Code, Elections and Fair Political Practices Commission laws, budget process, municipal government procedures; principles, practices, and techniques related to the City Clerk function; a wide range of administrative duties and executive support-related tasks; office management responsibilities, systems, and procedures; proven office management, administrative or assistant experience ; English usage, spelling, grammar, and punctuation; c ity government structure and processes; analysis and research methods and techniques.

Ability to: Collect, compile, and analyz e data; apply, explain, and work in accordance with a variety of laws; initiate and compose reports and correspondence; establish and maintain comprehensive computerized and manual files and records systems; establish and maintain effective relationships with those contacted in the course of work; meet the public with courtesy and tact; comprehend and follow oral and written instructions; communicate effectively orally and in writing and make oral presentations ; handle multiple deadlines and multiple projects ; i nteract effectively with the public and employees and assist in development and implementation of systems and procedures; work independently with little or no supervision; demonstrate strong organizational and planning skills as well as an enjoyment of the administrative challenges of City Council Agenda Packet, Monday, February 5, 2024. Page 124 supporting an office of diverse people; learn, retain, and follow specific operational guidelines, rules and policies.

LICENSES, CERTIFICATES, SPECIAL REQUIREMENTS
• A valid Class C California driver’s license and the ability to maintain insurability under the City’s Vehicle Insurance Policy.
• Ability to attend evening meetings and work extended hours. • Commission as a Notary Public.
• Certification as a Municipal Clerk by the International Institute of Municipal Clerks (IIMC) is highly desirable.

City Council Agenda Packet, Monday, February 5, 2024. Page 125 RESOLUTION NO. 24-07

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

CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR

DEPUTY CITY CLERK
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. The class specification for Deputy City Clerk attached hereto and hereby incorporated herein, is adopted.

Section 2. Resolution No. 23- 85 pertaining to the salaries of full-time employees is hereby amended as follows effective February 5 , 2024 , until subsequently amended:

Deputy City Clerk
Step 1=$57,846 Step 2=$60,738 Step 3=$63,775 Step 4=$66,964 Step 5=$70,312 Section 3. This unrepresented position shall be included in the Middle Management, Professional, and Confidential Employees group.

Section 4. The Mayor shall sign and the Deputy 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 5th of February, 2024. ________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Debra Fritz, Deputy City Clerk
I hereby certify that the foregoing Resolution No. 24-07 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 5 th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Debra Fritz, Deputy City Clerk
City Council Agenda Packet, Monday, February 5, 2024. Page 126 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: VIRTUAL COMMENTS AT CITY COUNCIL MEETINGS

SUMMARY
The City allowed public comments via Zoom as a result of the COVID-19 pandemic and, as a matter of public convenience, allowed Zoom comments to continue after the state- of-emergency elapsed. Due to incidents of hate speech affecting other municipalities, the City stopped accepting Zoom comments out of an abundance of caution beginning with the November 6, 2023, City Council meeting. Mayor Tim Hepburn and Council Member Steve Johnson requested the option for virtual public comments be brought forward for discussion.

RECOMMENDATION
It is recommended that the City Council provide staff with direction regarding the option for residents to submit virtual comments via Zoom at City Council Meetings.

DISCUSSION
The Brown Act requires that City Council Meetings be open to the public and provide the opportunity for public comment. During the COVID -19 Pandemic, the State Legislature passed legislation temporarily modifying the Brown Act for teleconferencing public meetings and modifying and expanding public comment opportunities using virtual platforms such as Zoom. Following the Pandemic, municipalities across the State have returned to in-person City Council Meetings while others have maintained varied public comment options ranging from in-person and email comments only, to continuing public comments via Zoom and the telephone.

In the fall of 2023, several municipalities across the State experienced a sharp increase in hate speech, recently coined “zoom bombing,” from individuals conducting virtual public comments at City Council Meetings. In response to these actions, municipalities have prohibited the option for residents to submit public comments via Zoom or by telephone.

In a united front to stand against hate speech, the City of La Verne also paused the option for residents to submit public comments via Zoom, while still providing the option for residents to submit public comments in person or by emailing [email protected].

This policy went into effect starting at the November 6, 2023, City Council Meeting.

Mayor Tim Hepburn and Council Member Steve Johnson requested that a discussion on the option for remote public comments be brought before the City Council for discussion.

In preparation for the meeting, a survey of public comment options was conducted across the San Gabriel Valley to better understand the public comment policies currently being City Council Agenda Packet, Monday, February 5, 2024. Page 127 implemented. Out of 26 municipalities surveyed, 7 cities (27%) allow public comments via Zoom or telephone.

After review of other municipalities, discussion with the City Attorney, and understanding of the capability of the Council Chamber technology for conducting meetings, Staff provides the following options for City Council consideration:

1. Return to virtual comments via Zoom as the City of La Verne previously implemented.

2. Return to virtual comments via Zoom to be regulated by the City. (The speaker will be silenced if the conversation strays off -topic and towards hate speech and the speaker persists after being called to order by the Mayor.)

3. Allow virtual comments via Zoom for specific agenda items (Public Hearings, Other Matters, pulled Consent items, Announcements ) but not during general Public Comment.

4. Take no action, therefore maintaining that City Council Meetings will not allow public comments via Zoom or telephone.

FISCAL ANALYSIS
The recommended action has no financial impact.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
The City Attorney reviewed and approved this report.

ATTACHMENTS
Survey of Cities in the San Gabriel Valley

Report Prepared By:

Andrea Blockinger, Administrative Analyst

City Council Agenda Packet, Monday, February 5, 2024. Page 128 City Zoom Comments & Notes
Alhambra Allows virtual comments
Arcadia No virtual comments
Azusa No virtual comments
Baldwin Park Allows virtual comments
Bradbury DNR*
Chino No virtual comments
Claremont No virtual comments
Covina No virtual comments
Duarte No virtual comments
Glendora Allows virtual comments
Irwindale No virtual comments
La Canada
Flintridge
No virtual comments
La Puente No virtual comments
Monrovia Allows virtual comments
Montclair Allows virtual comments
Ontario No virtual comments
Pomona No virtual comments
Rancho
Cucamonga
No virtual comments
Rosemead DNR*
San Dimas No virtual comments
San Gabriel No virtual comments
San Marino Written virtual comments allowed
Sierra Madre No virtual comments
South El Monte Allows virtual comments
South Pasadena Allows virtual comments
Temple City No virtual comments
Upland No virtual comments
Walnut DNR*
West Covina No virtual comments
*DNR – Did not respond
I I
I I
I I
City Council Agenda Packet, Monday, February 5, 2024. Page 129 This page left intentionally blank
City Council Agenda Packet, Monday, February 5, 2024. Page 130 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2.12.010

OF THE LA VERNE MUNICIPAL CODE REGARDING CITY COUNCIL

SALARIES

SUMMARY
The California Government Code provides that a City Council may enact an ordinance providing that each member of the city council shall receive a salary and Senate Bill 329 (SB 329) increases the maximum threshold for council member compensation. During the January 16, 2024, City Council Meeting, the City Council directed staff to increase Council Member salaries to $950 per month.

RECOMMENDATION
It is recommended that the La Verne City Council introduce by title only, and waive further reading of Ordinance No. 24-XX, entitled “AN ORDINANCE OF THE CITY COUNCIL,

CITY OF LA VERNE, CALIFORNIA, ADJUSTING SALARIES FOR THE MAYOR AND THE CITY COUNCIL MEMBERS AND AMENDING CHAPTER 2.12.010 OF THE LA VERNE MUNICIPAL CODE.”

DISCUSSION
On June 29, 2023, Governor Gavin Newsom signed SB 329 into law, effective January 1, 2024, aiming to increase the maximum compensation for Council Members in general law cities based on city population. These statewide limits, established in Government Code Section 36516, have not been raised since 1984. SB 329 introduces specific adoption procedures and adheres to existing laws preventing increases during the current term. Notably, compensation adjustments for councils with staggered terms are allowed under §36516.5 when a member starts a new term. For municipalities with a population under 35,000, the maximum council member compensation is set at $950 per month. The law also permits salary increases beyond specified maximums, with conditions capped at 5% annually or an inflation-based increase, not exceeding 10% per calendar year.

The City of La Verne last updated the Mayor and City Council Member salaries in 1999 to $519/month (Ordinance 938) which went into effect following the March 2001 election.

Since its adoption, compensation has not been updated accordingly. During the January 16, 2024, City Council Meeting, the City Council directed staff to move forward with increasing Council Member salaries to $950 per month. The City Council also directed City staff to survey municipalities in the San Gabriel Valley to identify Council M ember compensation, which is attached.

City Council Agenda Packet, Monday, February 5, 2024. Page 131 All adjustments must be adopted by ordinance by February 20, 2024, to be implemented when new terms begin in April 2024.

FISCAL ANALYSIS
The recommended action is estimated to have a fiscal impact of $6,465 for the remainder of the 2023 -24 Fiscal Year Budget which can be absorbed without additional budget appropriation.

ENVIRONMENTAL ANALYSIS
Not applicable

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

ATTACHMENTS

1. Survey of Council Member Compensation

2. Draft Ordinance No. 24-XX
Report Prepared By:

Andrea Blockinger, Administrative Analyst
City Council Agenda Packet, Monday, February 5, 2024. Page 132 Council Member Salary**
Cities with Populations Under 35,000 ($950/month maximum) City Population* Council Member
Monthly Salary
Mayor Monthly
Salary
Bradbury 921 $0 $0
Duarte 21,727 $550 $550
Irwindale 1,472 $750 $750
La Cañada
Flintridge
20,573 $300 $300
San Dimas 34,924 $620 $620
San Marino 12,513 $0 $0
Sierra Madre 11,268 $250 $250
South El Monte 19,567 $1,133.43 $1,133.43
South Pasadena 26,943 $300 $300
Walnut 28,430 $300 $300
Cities with Populations 35,000 to 50,000 ($1,275/month maximum) City Population* Council Member
Monthly Salary
Mayor Monthly
Salary
Azusa 50,000 $400 $400
Claremont 37,266 $400 $400
La Puente 38,062 $536 $536
Monrovia 37,931 $400 (Feb 6 going to
increase to $1275)
$400 (Feb 6 going
to increase to
$1275)
Montclair 37,865 $742 $1042
San Gabriel 39,568 $893.70 $893.70
Temple City 36,494 $1,080 $1,080
City Council Agenda Packet, Monday, February 5, 2024. Page 133 Cities with Populations 50,000 to 75,000 ($1,600/month maximum) City Population* Council Member
Monthly Salary
Mayor Monthly
Salary
Baldwin Park 72,176 $600 $600
Covina 51,268 $400 $400
Glendora 52,558 $700 (Dec 2024 will be
$1500)
$700 (Dec 2024
will be $1500)
Rosemead 51,185 $1118.63 $1118.63
Cities with Populations 75,000 to 150,000 ($1,900/month maximum) City Population* Council Member
Monthly Salary
Mayor Monthly
Salary
Alhambra 82,868 $953.68 $1032.72
Chino 91,403 $1,281 $1,534
Upland 79,040 $1,200 $1,300
West Covina 109,501 $765 $765
*Populations pulled from 2020 Census Data
**Amounts are subject to change as municipalities are currently assessing council member salary due to SB 329
City Council Agenda Packet, Monday, February 5, 2024. Page 134 ORDINANCE NO. 24-XX

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

ADJUSTING SALARIES FOR THE MAYOR AND THE CITY COUNCIL MEMBERS AND AMENDING CHAPTER 2.12.010 OF THE LA VERNE MUNICIPAL CODE WHEREAS, in June 2023, Governor Gavin Newsom signed into law Senate Bill 329 (SB 329), which amends California Government Code Section 36516 to update city council compensation schedules to account for inflation; and WHEREAS, California Government Code Section 36516 provides a method by which salaries for members of a city council are established based on city population; and WHEREAS, according to the 2020 United States Census, the City of La Verne has an estimated population of 31,581; and
WHEREAS, under SB 329, city council salaries in cities with populations under 35,000 can be up to $950; and
WHEREAS, pursuant to Ordinance 938, La Verne City Council Members currently receive $519 per month in salary; and
WHEREAS, California Government Code Section 36516.5 provides that a change in salary for each city council member does not take effect until one or more members of the city council begins a new term of office; and
WHEREAS, the new salary for each City Council Member would go into effect beginning on the date on which a City Council Member is sworn into office after the general municipal election date of March 5, 2024.

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

Section 1. Effect
ive the first pay period after the certification of the March 2024 election and swearing in of the appointed public officials to their new term of office , the Mayor and each member of the City Council shall be paid a salary of $950 per month.

Section 2. Chapter 2. 12.010 of the La Verne Municipal Code is hereby amended to read as follows:
“2.12.010 – S
alaries Designated.

The mayor and each member of the city council shall be paid a salary of $950 per month.

City Council Agenda Packet, Monday, February 5, 2024. Page 135 Following any new and later estimates of population made by the United States Census placing the city in a population group other than that set forth in Government Code Section 36516, the salary payable to each member of the council shall be increased or decreased accordingly to equal the sum prescribed for that population group in Section 36516 of the Government Code. The increase or decrease becomes payable only on and after the date when one or more council members become eligible beginning a new term of office following the next succeeding general municipal election held in the city.

Council member salaries may also be increased annually beyond the amount of $950 pursuant to Government Code Section 36516, as amended, to account for cost-of- living adjustments and inflation.”
Section 3 . The Mayor shall sign and the Deputy City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage.

PASSED, APPROVE
D and ADOPTED this 5th day of February, 2024.
______________________________________
Mayor Tim Hepburn
_______________________________
Debra Fritz, Deputy City Clerk

CERTIFICAT
ION
I hereby certify that the foregoing Ordinance 24-XX was introduced for first reading by title only at a regular meeting of the City Council of the City of La Verne held on February 5, 2024 and duly and regularly adopted by the City Council of the City of La Verne at a regular meeting thereof held on the 5 th day of February , 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________ Debra Fritz, Deputy City Clerk City Council Agenda Packet, Monday, February 5, 2024. Page 136 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council
FROM: Kimberly Hall Barlow, City Attorney
SUBJECT: FIRST AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY

MANAGER

SUMMARY
Per the City Manager’s employment agreement , he is to be evaluated at least annually, with the City Council having held a Performance Evaluation on January 16, 2024 . This item amends the City Manager’s agreement to reflect a 2.5% compensation increase, an additional 1% cost share of PERS costs to be paid by the City Manager, and changes to vehicle allowance for use of electric charging.

RECOMMENDATION
That the City Council approve “AMENDMENT #1 TO EMPLOYMENT AGREEMENT - CITY MANAGER,” approving a First Amendment to the City Manager’s employment agreement.

DISCUSSION
The City Council approved the employment of Ken Domer as City Manager on November 21, 2022, and he commenced employment with the City on December 19, 2022. Per his employment agreement, the City Council held a performance evaluation and on January 16, 2024, directed the City Attorney’s office to draft an amendment to the employment agreement for consideration at a Regular City Council meeting during Other Matters.

Based on the City Council’s direction, the following amendments to the employment agreement are presented for City Council consideration:

In consideration of similar increases to middle and executive management, as well as consistent with the City Employee’s Association increase, Section 3. would be amended in its entirety to reflect the provision of a 2.5% increase to read:

The salary for EMPLOYEE shall be $251,125 per year. This salary may be adjusted by the City Council after EMPLOYEE’s annual evaluations.

Section 5 regarding CAR ALLOWANCE shall be amended in its entirety to include the provision that the City Manager may utilize exterior electrical outlets or an electrical vehicle charging station, if applicable, to charge his vehicle when necessary. That section is proposed to read:

EMPLOYEE shall receive a car allowance of $612 per month. EMPLOYEE shall provide his own vehicle, insurance, fuel, registration and maintenance.

City Council Agenda Packet, Monday, February 5, 2024. Page 137 EMPLOYEE may use any CITY provided electrical outlet or electric vehicle charging system to charge his personal vehicle.

Currently, the City Manager pays the entire eight percent (8%) employee portion and cost shares a full one percent (1%) of the employer portion of the PERS retirement contribution for a total of nine percent (9%). Recently, in addition to the Executive, Middle Management, Professional and Confidential employees, the Police Management Association, Police Officers Association, and City Employee’s Association agreed to cost share a half percent (.5%) upon agreement and an additional half percent (.5%) after the first pay period in July, 2024, after effective date of an amendment to the CalPERS contract. In keeping with the fiscal sustainability intent of these actions, the City Manager’s agreement will be amended to increase his cost share percentage by an additional one percent (1%) for a total of two percent (2%) of the employer’s contribution.

Section 6 shall be amended in its entirety to read:

EMPLOYEE shall be responsible for paying the full eight percent (8%) of their member contribution to PERS in addition to a two percent (2%) cost share of the employer portion upon the applicable amendment to the contract with PERS.

FISCAL ANALYSIS
The fiscal impact of the 2.5% increase on an annualized basis is $6,125. For Fiscal Year 2023-24, the fiscal impact is approximately $2,138, less any offset from increase in employee portion of employer cost share upon implementation. No budget appropriation is required as this amount will be absorbed within the Administration Department budget.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
The City Attorney has reviewed and approved this report.

ATTACHMENTS
Amendment #1 to Employment Agreement - City Manager
City Council Agenda Packet, Monday, February 5, 2024. Page 138 AMENDMENT #1 TO
“EMPLOYMENT AGREEMENT
CITY MANAGER”

This First Amendment to Employment Agreement (“First Amendment”) is made and entered into this 5th day of February, 2024, by and between the City of La Verne (“City”) and Kenneth Domer (“Employee”). This First Amendment revises the “Employment Agreement City Manager” (“Original Agreement”) entered into on November 21, 2022.

A. Recitals

a. Between the time the Original Agreement was entered into and today, the City Council approved a salary increase of 2.5% for Executive Management, Mid-Management/Un- represented employees, and members of the City Employees Association. b. The City Council has completed Employee’s initial evaluation and the changes in this First Amendment are appropriate.

B. Amendment. The following sections of the Original Agreement are hereby revised to provide as follows:

SECTION 3. SALARY. The salary for EMPLOYEE shall be $251,125 per year. This salary may be adjusted by the City Council after EMPLOYEE’S ANNUAL EVALUATIONS.

SECTION 5. CAR ALLOWANCE . EMPLOYEE shall receive a car allowance of $612 per month. EMPLOYEE shall provide his own vehicle, insurance, fuel, registration and maintenance. EMPLOYEE may use any CITY provided electrical outlet or electric vehicle charging system to allow EMPLOYEE to charge his personal vehicle.

SECTION 6. CONTRIBUTION TO PERS RETIREMENT COSTS. EMPLOYEE shall be responsible for paying the full eight percent (8%) of their member contribution to PERS in addition to a two percent (2%) cost share of the employer portion upon the applicable amendment to the contract with PERS.

IN WITNESS WHEREOF, the CITY has caused this First Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its Deputy City Clerk, and EMPLOYEE has signed and executed this First Amendment on the date first above written.

[signatures on next page]

City Council Agenda Packet, Monday, February 5, 2024. Page 139

CITY OF LA VERNE

_______________________________
Tim Hepburn, Mayor

ATTEST:

________________________________
Debra Fritz, Deputy City Clerk

APPROVED AS TO FORM:

________________________________
Kimberly Hall Barlow, City Attorney

EMPLOYEE

_______________________________
Kenneth Domer

City Council Agenda Packet, Monday, February 5, 2024. Page 140 City of La Verne, City Council
Agenda Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: FILM PERMIT REQUEST FROM SHADOWBOXER FILMS LLC.

SUMMARY
The City has been contacted by production company Shadowboxer Films LLC. to film at the University of La Verne. Per the City’s Municipal Code Chapter 5.57, all film permits must be approved by the La Verne City Council. To meet the requested filming dates desired by Shadowboxer Films, the City Council is being asked to authorize the City Manager to execute an agreement and issue a film permit if all required steps are completed to the City’s satisfaction.

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute an agreement with Shadowboxer Films LLC. and issue a permit for filming if all required steps are completed.

DISCUSSION
Staff received a rush request for filming from Shadowboxer Films LLC. to film at multiple locations at the University of La Verne on February 18th.

According to their application , the filming will not impact public infrastructure or the surrounding neighborhood as it will take place on campus. The film also proposes conversational and passive activities not expected to create disruption to surrounding areas. Specifically, shooting is proposed to be done in and around the La Fetra College of Education building at D Street and Second Street and the Campus Center (C Street and Second Street). There are a total of 20 people that will be associated with filming and all equipment being used is smaller compared to more robust productions. There is also a component that includes the production company working with University of La Verne students, providing them with professional experience in the film industry.

The film company is working to produce the required forms, proof of insurance and deposits to satisfy the City’s requirements prior to permit issuance.

Typically, the City would require more notice but given the film company has been responsive thus far, has filmed in the City previously, and the filming project is relatively minor in nature, Staff is supportive of moving the rush request forward for potential approval by the City Manager.

City Council Agenda Packet, Monday, February 5, 2024. Page 141 Film Permit - Shadowboxer
February 5, 2024

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La Verne City CouncilFebruary 5, 2024

La Verne City Council
February 5, 2024