MINUTES OF A REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
LAVERNE Monday, February 5, 2024
ACTION MINUTES
SIN "see items in italics"
19 REGULAR CITY COUNCIL MEETING - 6:30 p.m.- Meeting called to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE by Al Jimenez - Air Force (E-6) Tech Sergeant Council Member Kashifalghita, on behalf of the City Council, presented Al Jimenez, Air Force (E-6) Tech Sergeant, a Pride of La Verne Certificate of Recognition thanking him for his service to our country.
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.
Council Members present: All
Absent: None
Advisory Staff Present: City Manager Ken Domer, Assistant City Manager JR Ranells, and City Attorney Kimberly Hall Barlow.
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.
Mayor Hepburn, on behalf of the City Council, presented CASI Members Gil Ivey and Carroll Wheatley with the Proclamation proclaiming February 2024, as Black History Month.
Christmas Morning - The Christmas Morning event required detailed coordination from City Staff across numerous departments and selfless volunteers from the community to ensure that Santa greeted every resident on Christmas Morning. During this time, the Counci nonored all who assisted in the Christmas Morning event.
Mayor Hepburn, and Council Members, presented the Christmas Morning volunteers witl Pride of La Verne certificate, thanking them for their contribution to making Christma Morning the tradition that it is.
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 thistime.)
Announcements were received from:
Sherry Best, La Verne Historical Society, announcing the February events.
George May, La Verne Library Director, announced the February and March events at the library.
Danita Beauchamp, La Verne resident, announced the Probation Oversight Commission meeting on February 8 at 9:30 a.m.
Yvonne Gallegos, CASI Member announced the upcoming CASI meeting on Tuesday, February 6, at 5:00 p.m. in the Citrus Room at Hillerest.
Council Member Crosby announced the BUSD State of the District, Thursday, February 7 at 10 a.m. at the Bonita Center for the Arts (BCA).
Mayor Pro Tem Lau announced a Blood Drive this Wednesday, February 7, 11:00 a.m.- 5:00 p.m. at ULV.
Mayor Hepburn, spoke on the 740 Foothill Project, they pulled their application.
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.) It was moved by Crosby, seconded by Johnson, and unanimously carried by a vote of 5-0, with Johnson recused on item 5, to accept, approve or act on the Consent Calendar items.
1. CITY COUNCIL MINUTES of the regular City Council meeting of January 16, 2024.
RECOMMENDATION: That the City Council approve the minutes. Approved
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. Approved
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. Approved
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 population 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. Approved
5. TRACT MAP NO.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.
Approved
** Councilmember Johnson recused from Item 5.
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." Approved
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 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. Received and Filed
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.
Senior Planner Candice Bowcock reported on the CDBG Program for 2024-2025 Substandard curb ramps on White Ave, to the boundary of Foothill Blvd, and on Bonita Ave were identified which were in disrepair and do not provide unobstructed pathways for elderly citizens and disabled adults per ADA guidelines.
Council Comments:
Council Member Crosby asked for clarification on the Foothill Blvd curb locations as Foothill Blvd is a State Highway.
Senior Planner Bowcock clarified; Foothill Blvd was the boundary for White Avenue.
Mayor Hepburn called for Public Comment: There were none.
Council Comments:
Council Member Crosby appreciates the diligent work of staff to utilize the CDBG funds to meet the deadlines, so our residents' benefit.
Mayor Hepburn agreed with the fact that our residents will benefit with the use of these funds.
Council Member Johnson agrees and appreciates all that staff has done.
It was moved by Johnson, seconded by Lau, and unanimously carried by a vote of 5-0, to approve Reso No. 24-10.
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."
Assistant City Manager JR Ranells presented this item.
Mayor Hepburn called for Public Comment: There were none.
Council Comments:
Council Member Crosby appreciates the City looking at these positions and making sure the positions fits the City's current needs.
It was moved by Crosby, seconded by Kashifalghita, and unanimously carried by a vote of 5-0, to approve Reso No. 24-07.
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.
City Manager Domer reported on this item reiterating why the ability to comment via Zoom was put on hold. Per Council's request to staff to check into options, the recommendation is to allow Zoom comments for specific items on the agenda, such as consent, other matters and public hearings. Not allowing it for the general public comment section. Emails can be submitted to the City Clerk or Council for the general public comment section. The Presiding Officer/Chair would call anyone straying out of decorum to order, if they fail to comply the Zoom comments can be turned off.
City Attorney Hall Barlow agreed with the recommendation, and with the need to have the clarification on the agenda regarding which topics can be commented on, and being quick to call the commentor to order if they violate the rules of decorum or stray off topic.
Council Comments:
Council Member Kashifalghita asked why they should be given a second or third chance before shutting them down.
City Attorney Hall Barlow clarified the normal process when handling someone who has strayed off topic or making inappropriate comments would be to call them to order, give them a chance similar to anyone making comments at the podium, before cutting them off.
Council Member Lau added the First Amendment protects their right to talk. She agrees having the Zoom comments specific to agenda the items is a good way to handle this.
Council Member Johnson questioned if this would affect the other meetings, such as Planning Commission.
City Manager Domer replied that it would, but currently we do not have the technology in place. In the future this will be looked at expanding our technological abilities.
Public Comment:
Joe Gabaldon thanked Mayor Pro Tem Lau for remembering the First Amendment rights and the importance of the public to engage with Council and speak.
Council Comments:
Mayor Hepburn agreed with the rights for the public to speak, and decorum must be Council Member Crosby asked for clarification as to what they were voting on.
City Manager Domer stated option #3 on the staff report, which states specific agenda items which occur under public hearings, other matters, and pulled consent items, but not general public comments, which are matters not listed on the agenda but within the jurisdiction of the Council.
It was moved by Johnson, seconded by Crosby, and unanimously carried by a vote of 5-0, to approve option #3 on the agenda report as stated above.
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: 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."
City Manager Domer reported on this item, summarizing the Ordinance and when the salary increase would take effect.
Council Comments:
Council Member Crosby asked if the item would be brought back at another time for a finalization.
City Attorney Hall Barlow affirmed that was a correct statement, this was the first reading of the ordinance.
Mayor Pro Tem Lau asked for clarification on the table included in the report, were current salaries for other cities.
City Manager Domer confirmed, and stated other cities are currently working through the process.
Mayor Hepburn called for Public Comment: There were none.
It was moved by Johnson and seconded by Kashifalghita and unanimously carried by a vote of 5-0.
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.
City Attorney Hall Barlow reported on this item. It is important to comply with the law to identify the proposal before Council, which is an amendment to the City Manager employment agreement. Which provides 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. Fiscal impact of $6,125.00 on an annualized basis, this fiscal year is $2,138.00 less the increase in the PERS contribution.
Mayor Hepburn called for public comment: There were none.
Council Comments:
Council Member Crosby thanked City Manager Domer for changes in the last year, bringing in key people, and bringing our employment groups together in multi-year agreements, has improved the City, and is looking forward to the next year. Our veteran Department Heads are moving in a good direction.
Council Member Kashifalghita, thanked City Manager Domer for the communication with City Council, having all the information ahead of time, the phone calls, texts, etc. He appreciates the good job.
Mayor Hepburn appreciates the methods CM Domer employed to engage staff and Council which is important for true leadership. No matter what level of employee you are everyone is equal here, everyone communicates and treats each other as equals.
A creative atmosphere thrives here with an open-door policy. We have gone through some major changes this past year, Christmas morning, we brought on some new people with a new vision, redoing our fee structure, making changes to the way we do things. Making our community better and our employees. Please keep up the good work.
It was moved by Kashifalghita, seconded by Lau, and unanimously carried by a vote of 5-0, to approve the first amendment to the 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.
Mayor Pro Tem Lau and Council Member Johnson recused themselves from voting en this item.
Assistant City Manager JR Ranells reported on this item. A rush request was received from Shadowboxer Films to film at various locations at ULV. There will be no impact to public infrastructure or surrounding neighborhoods. Staff is in support of moving forward.
Mayor Hepburn called for Public Comment:
Rich Gill, La Verne resident, is excited to see this filming in our City, and supports this idea.
Council Comments:
Council Member Crosby thinks this is a good thing. Streamlining this process is a good thing and agres with Mr. Gil regarding bringing more people into our Cil is a Council Member Kashifalghita agrees that the process should be streamlined.
Mayor Hepburn felt it was a good idea, didn't want to miss any opportunities for revenue for our City, as long as the City is left in good condition.
It was moved by Crosby, seconded by Kashifalghita, and unanimously carried by a vote of 3-0, with Mayor Pro Tem Lau and Council Member Johnson recusing themselves, to approve the film permit request from Shadowboxer Films LLC.
PUBLIC COMMENI
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.
Mayor Hepburn called for Public Comment:
Sherry Best, La Verne resident spoke on the 740 Foothill Blvd, project and the Lutheran High School property.
Danita Beauchamp, La Verne resident spoke on the 740 Foothill Blvd project, and Chief Flores' retirement.
Dr. Pedro Antonia Casas, La Verne resident spoke on running for Congress and his qualifications.
Joe Gabaldon, La Verne resident spoke on the Lutheran High School property. Thanked City Manager Domer for a good job, and the Innocence Walk he participated in.
Rich Gil, La Verne resident spoke on the March 5, 2024, election and districting.
Gary Hunter, La Verne resident spoke on the Chelsea bridge, and was disappointed with the Christmas morning event.
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.
Mayor Hepburn called for Council Comments:
Mayor Pro Tem Lau spoke on the Fairplex committee meeting. The State of the City event is online for those that were unable to attend. Tri-City Mental Health has several job openings. Thanked recently retired employees Romer Magsino, and Richard Martinez for their years of service and dedication to our City. Is sad to see Chief Flores leave us, and appreciates Acting Chief Gonzalez stepping up and doing a good job. Lunar New Year is this weekend, wished all prosperous and good fortune in the new year. Tupelo ist celebrated her second birthday, there is a wish list at Pet Depot if you want to giv er a gift or donate to the K-9 Foundatior
Council Member Johnson appreciated the time Chief Flores was with us, and thanked Sam Gonzalez for stepping up during her absence.
Council Member Kashifalghita recently visited the new offices of Supervisor Katherine Barger in San Dimas, with Mayor Hepburn. Appreciates staff's hard work during the recent rainstorms. Wishes Chief Flores the best of luck and appreciates Sam Gonzalez's hard work taking care of our City.
Council Member Crosby spoke on Chief Flores's example of leadership and service during her time at the City, she will be missed. Thanked Mayor Hepburn for the State of the City, representing Council. The special needs dance this Friday. There is a ribbon cutting Tuesday, at the San Dimas Golf Course opening the new clubhouse after a fire
Mayor Hepburn thanked Chief Flores for the building blocks she put in place at the Police Department for the success of the department and those who will come after her.
Asked everyone to slow down in the rain. He attended the Innocence Walk, and felt it Bas priege opening. He thanked the resides who worked to oppose the 740 Foothill The City Council will meet in a Closed Session for the following:
onference with Legal Counsel - Existing Litigation, Pursuant to Government Cod 54956.9 (one case)
City of La Verne vs. Beas, et al., Los Angeles County Superior Court Case No. 21PSCP00135.
City Attorney Hall Barlow read the closed session item into the record and stated there would be no reporting out at the conclusion of closed session.
ADJOURNMENI - at 8:19 p.m.
Respectfully submitted,
shaken trity,
Debra Fritz
Deputy City Clerk