ITYOFLAVERNE
MINUTES OF A CLOSED SESSION AND REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
MONDAY, JUNE 17, 2024
ACTION MINUTES
see items in italics"
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal " Kash" Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
Council Members present: Crosby, Lau, Johnson and Hepburn.
Absent: Kashifalghita.
Advisory Staff Present: City Manager Ken Dourer, City Attorney Kimberly Hall Barlow, Sr.
Management Analyst Erin Beilstein.
CLOSED SESSION TOPIC - CONFERENCE WITH REAL PROPERTY NEGOTIATORS Conference with Real Property Negotiators pursuant to Cal. Gov't Code § 54956.8 Property: APN 8666-059-901 [ approx. 10,000 square feet] Agency Negotiators: Ken Domer, Eric Scherer, Kimberly Hall Barlow. Negotiating Parties: Jeffrey and Sheri Ries Under Negotiation: Price and terms of payment
Mayor Hepburn recessed into the closed session.
The City Council will recess and reconvene at 6:30 for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING — RECONVENED AT 6:33 P.M.
PLEDGE OF ALLEGIANCE - COLONEL, U.S. ARMY VETERAN, DR. PEDRO ANTONIO CASAS Mayor Hepburn, on behalf of the City Council, presented Dr. Casas with a Pride of La Verne Certificate of Recognition.
ROLL CALL Council Member Meshal " Kash" Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
Council Members present: Crosby, Lau, Johnson and Hepburn.
Absent: Kashifalghita
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, Sr.
Management Analyst Erin Beilstein.
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: George May, La Verne Library Manager & Leah Skinner, Chamber of Commerce Director.
Council Member Lau on the 41hof July tickets and events, and Mayor Hepburn on the Pancake Breakfast at the Methodist Church, and the Concert Series at Heritage Park.
PUBLIC HEARINGS
1. Citywide Landscaping and Lighting Maintenance District No. 6; Public Hearing; Zone 4-1 and 4-2 Proposition 218 Election; Resolution Providing for the Annual Levy On May 15, 2023, the City Council adopted a Resolution initiating proceedings for a Proposition 218 Ballot Process for consideration of proposed assessment increases to Zone 4-1 and 4-2 in addition to setting June 17, 2024, at 6:30 p.m. as the date and time for the Public Hearing for the subject assessment district and its other zones.
Recommendation: That the City Council:
1. Conduct the Citywide District 6 ( all zones) Public Hearing and receive written and verbal testimony regarding the proposed assessments, including the Prop 218 increases for Zones 4-1 and 4-2, and
2. Approve the applicable Engineer's Report version reflective of the ballot process outcome, either upholding the proposed increases if the measure passes for one or both Zones 4-1 and 4-2, or rejecting the proposed increases if the measure fails for one or both Zones 4-1 and 4-2, and
3. Adopt the applicable Resolution version for the levy and collection of the annual assessment for the special zones in District No. 6 for Fiscal Year 2024-25 per the details of the approved Engineer's Report, and
4. Appropriate funds from the City's General Fund to balance the FY 2024-25 maintenance budget for Landscaping and Lighting Maintenance District No. 6 as applicable to the outcome of the proposed increases for Zone 4-1 and 4-2 or as determined by the City Council for the directed maintenance budget approved.
Mayor Hepburn opened the public hearing, and city Manager Dourer called City Engineer Howing forward to report on this item.
After the presentation of report by the City Engineer, public comments or opposition to the items, and Council comments, the Public Hearing for Item # 1 was recessed to allow for the counting of the ballots for Zones 4-1 & 4-2. Ballot counting took place in the City Hall Lobby at the Customer Service Counter. Members of the public were encouraged to watch. 2]Page
2. Citywide Landscaping and Lighting Maintenance District No. 7; Public Hearing; Resolution Providing for the Annual Levy On April 15, 2024, the City Council adopted a Resolution setting June 17, 2024, at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. There is a proposed increase to the assessment amount levied for this Fiscal Year ( FY) to address increased maintenance costs. The proposed assessment amount of $ 693.26 per parcel is the maximum allowable assessment for the District.
Recommendation: That City Council conduct a Public Hearing and adopt the attached Resolution, providing for the annual levy for Fiscal Year 2024-2025.
Mayor Hepburn continued the Public Hearings with Item # 2, City Engineer Hawing reported on this item.
Mayor Hepburn called for Public Comments: There were none.
It was moved by Crosby and seconded by Lau, and approved by a 4-0 vote, with I±;ashifal;hita absent.
3. Citywide Landscaping and Lighting Maintenance District No. 8; Public Hearing; Resolution Providing for the Annual Levy On April 15, 2024, the City Council adopted a resolution setting June 17, 2024, at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. There is no proposed increase in the assessment from last year's levy. It is proposed to set the levy at the 1996.97 approved full year's assessment of $ 249.70 per parcel.
Recommendation: That City Council conduct a Public Hearing and adopt the attached Resolution, providing for the annual levy for Fiscal Year 2024-2025.
Mayor Hepburn continued the Public Hearings with Item # 3, City Engineer Howing reported on this item.
Council Comments: Council Member Crosby, regarding why there was not a Prop 218 Measure for District # 7 & # 8.
Mayor Hepburn called for Public Comments: There were none.
It was moved by Crosby and seconded by Johnson, and approved by a 4-0 vote, with Kashifalghita absent.
4. Maintenance District No. 84-1M, Esperanza Road Slopes; Public Hearing; Resolution Providing for the Annual Levy On May 20, 2024, the City Council adopted a Resolution setting June 17, 2024, at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. The Fiscal Year ( FY) 2024-2025 assessment is proposed to remain at the same level since 1992. It is proposed that there will be no change in the levy from the previous thirty years ($ 8.00 per parcel).
Recommendation: That City Council conduct a Public Hearing and adopt the attached Resolution, providing for the annual levy for Fiscal Year 2024-2025.
Mayor Hepburn continued the Public Hearings with Item # 4, City Engineer Howing reported on this item.
Mayor Hepburn called for Public Comments: There were none. 31 Page
It was moved by Johnson and seconded by Lau, and approved by a 4-0 vote, with Kashifalghita absent.
CONSENT CALENDAR
All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the Council or member of the audience requests separate discussion.) Mayor Hepburn had a question regarding the Inter - Con Security agreement, and any additional contract bids received. Police Chief Gonzalez clarified there was a second bid received, it was omitted in error, the second bid was from SP Municipal Services, and they were not selected due to a number of factors: a greater increase in costs, starting with a higher hourly rate and 3.5% annual increase.
It was moved by Crosby and seconded by Lau, and approved by a vote of 4-0, with Kashifal;hita absent.
5. City Council Minutes of the Special, Study and Regular meeting of June 3, 2024.
Recommendation: That the City Council approve the minutes. Approved
6. Register of Audited Demands in the amounts of:
1. $ 4,358,716.03, dated 05/22/24
2. $ 835,974.00, dated 05/29/24
3. $ 1,722,854.59, dated 06/05/24
Recommendation: That the City Council approve the audited demands. Approved
7. Award of Contract for City -Wide Public Right of Way Herbicide Services Staff recently solicited bids from qualified contractors to provide services for the annual Spraying of Herbicides in the Citywide Public Right of Way ( ROW) as historically, the City would call for herbicide services on an as - needed basis. The recommended contract will provide the City of La Verne with a semi-annual Citywide public ROW herbicide service. In addition, the agreement provides a labor rate, per hour and material rate for potential additional services.
Recommendation: That City Council award a three-year contract, with the potential of two additional one-year terms, to RPW Services, Inc. for citywide herbicide services, and authorize the City Manager, or designee, to execute any amendments or related documents. Approved
8. Award of Contract ( Up to Five - Year) to Greenscape Maintenance services, Inc. for Landscape Maintenance and Fuel Modification Services in the Landscaping and Lighting Maintenance Districts Staff recently solicited bids from qualified contractors to provide landscape maintenance services within the various Landscaping and Lighting Maintenance Districts ( LLMD's).
The existing contract is several years old with numerous contract extensions that have occurred over the years. The recommended contract will provide the City of La Verne with updated costs associated with landscape maintenance services. In addition, it will provide flexibility to the Director of Public Works to select the most appropriate level of service, based on the assessment revenues.
Recommendation: That the City Council approve an initial three-year maintenance agreement with Greenscape Maintenance Services, Inc., to provide landscape maintenance services for Landscaping and Lighting Maintenance Districts ( LLMD), and authorize City Manager, or designee to execute any future amendments or related contract documents. Approved 4[
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9. Award of Contract for Parking Enforcement Services Approval of a five-year contract for Parking Enforcement Services provided by Inter - Con Security.
Recommendation: That the City Council approve an Agreement for parking enforcement services with Inter - Con Security at the bid prices, for a term of five years and authorize the City Manager to execute the agreement with Inter - Con Security in the amount not to exceed $ 1,087,623.84 for the total term of the contract. Approved
10. Request to Approve Amendment to Fire Department Contract with UCLA Center for Prehospital Care In June 2022, the City Council approved the existing contract with the UCLA Center for Prehospital Care to provide continuing education in prehospital and emergency medicine and provide quality improvement services for Fire personnel to maintain licensure as an EMT - Basic and Paramedic. This amended agreement increases the fee payable to the City by $ 5,800 annually, for a total amount of $ 110,000 for the two-year term.
Recommendation: That the City Council approve an amended agreement with the UCLA Center for Prehospital Care to provide continuing education and quality improvement services for Fire personnel and authorize the City Manager to execute the necessary documents. Approved
11. Resolution for FY 2024-25 Appropriations Limit Every year, the City must adopt the annual appropriations limit for expenditures paid by tax proceeds, consistent with the requirements of California law. Appropriations financed by service fees, grants and other non - tax revenues are exempt. The City's proposed FY 2024-25 budget reflects appropriations well under the limit set by law.
Recommendation: That the City Council adopt a Resolution titled, " A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMITATION FOR THE 2024-25 FISCAL YEAR" Approved
12. Community Facilities District No. 11-1; Special Tax Levy Fiscal Year 2024-25 The City Council on an annual basis must authorize the tax levy for Community Facilities District No. 11- 1 ( CFD No. 11-1), a special fire tax for buildings three stories ( thirty-five feet) and above or with fire flows of 3,500 Gallons Per Minute or more, which was first established in 2011. Per the enabling Ordinance, the levy will be increased by 3%.
Recommendation: That the City Council adopt the attached Resolution levying a special tax for Fiscal Year ( FY) 2024-25 within Community Facilities District No. 11-1, increasing the levy by 3% as called for in Ordinance No. 1023. Approved
13. Operation & Maintenance Community Facility District No. 90-1; Special Tax Levy Fiscal Year 2024-25 Operation and Maintenance Community Facilities District No 90-1 ( O&M CFD 90- 1), a special tax district within the La Verne Industrial Specific Plan, requires the City Council to authorize the levy annually. Exhibit " A" of the attached resolution lists the properties and their levies included in the district.
Recommendation: That the City Council adopt a Resolution levying a special tax for Community Facility District 90-1 for the 2024-25 Fiscal Year, which increases the rate by 4.0% to address the cost - of - living increases based on the annual consumer price index ending March 2024. Approved
14. Adoption of a Resolution Authorizing Annual Agreements for Fiscal Year 2024-2025 Related to Public Works Services This item recommends the adoption of a Resolution authorizing annual agreements related to Public Works services. 5pPage
Recommendation: That the City Council adopt the attached Resolution approving annual City agreements related to Public Works services and authorize the Mayor and Deputy City Clerk to execute the annual agreements as listed on the Resolution. Approved
15. Adoption of Ordinance 24-1127, " An Ordinance Authorizing an Amendment to the Contract Between the City Council of La Verne and the Board of Administration of the California Public Employees' Retirement System." This action is to adopt an ordinance amending the contract between the City and the Board of Administration for the California Public Employees' Retirement System related to employee cost share percentage of the employer's portion.
Recommendation: That the City Council adopt Ordinance 24-1127, " An Ordinance Authorizing an Amendment to the Contract Between the City Council of La Verne and the Board of Administration of the California Public Employees' Retirement System." Approved
OTHER MATTERS
16. Direction Regarding Renewal of the Outdoor Patio Permit for Cafe Wang The City Council is being asked for direction in regard to the previously temporary approved sidewalk expansion for Cafe Wang. The Old Town La Verne Business Improvement District Advisory Board is recommending that the outdoor patio no longer be allowed to be used and ultimately removed after December 31 2024.
Recommendation: That the City Council take one of the following actions regarding the outdoor patio for Cafe Wang:
1. Require the patio to be immediately closed off and physically removed from the street in the next 30 days; or
2. As recommended by the Old Town La Verne Business Improvement District's Advisory Board, allow the outdoor patio to be used for the remainder of the calendar year, with physical removal by January 31, 2025; or
3. Allow for the patio to remain in place for some other specific time period with another review by the City Council before requiring its ultimate removal.
City Manager Darner called Community Development Director Scherer forward to report on this item.
After Council discussion, Mayor Hepburn called for Public Comment: Comments were received from the following: Hal Fredericksen, Edward Padgett, Ken Valmonte, Jon Watson, Roberta, Sherry Best, Rick Sanders, Roy Cannizzo, Craig Walters, Leah Skinner, and Yvonne Gallegos.
Council Comments: Council Member Lau feels this was good discussion and it has illuminated some gaps and some things that need to be better, there needs to be a strategy regarding economic development as the city does not have disposable income, and we need to look at ways in which we're going to increase that by our businesses thriving.
Council Member Crosby appreciates all the points of views expressed, and wants a policy to allow the most flexibility, and encourages thinking outside the box to enhance the Downtown business area.
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Mayor Pro Tem Johnson stated these decisions are tough ones, more information is needed, and wants everyone treated fairly, with equitable policies and procedures for everybody that's taking advantage of City property.
Mayor Hepburn wants policies in place that are fair to all, currently there is not enough information to make a decision.
Council Member Crosby proposes that a decision be made after a policy has been established.
City Attorney Barlow made the following suggestion to Council, to direct staff to work on a policy to bring back to Council for consideration including, if necessary, an ordinance for outdoor dining, in the meantime give direction to negotiate an agreement with Cafe Wang to make sure there's appropriate insurance and so on, for the use of the public right of way, until Council adopts those policies. Once those policies are in place, the item will return for the Council's consideration.
Council Member Lau wants staff direction to have a policy by January, based on data and information, with as thorough a picture as possible. What are other cities doing that might benefit us, what is our strategy? Part of the process to be considered is our economic development and growth with the Gold Lines new A Line coming. Wants a sound decision that will benefit all of our businesses and treat all fairly.
Mayor Hepburn agrees and wants to have policies by January or February 2025 in place for insurance, what the costs per square foot and what is going to be allowed.
It was moved by Crosby and seconded by Lau and approved 4-0 with Kashifalghita absent, to have an extension till June 30, 2025, at that time a policy would have been established and can be considered at that time. The item was approved 4-0 with Kashifalghita absent.
THE PUBLIC HEARING WAS RECONVENED FOR ITEM 41
Citywide Landscaping and Lighting Maintenance District No. 6; Public Hearing; Zone 4-1 and 4-2 Proposition 218 Election; Resolution Providing for the Annual Levy.
City Engineer Hawing announced the balloting results:
Zone 4-1: the protest is not upheld, and the proposed increase has been approved by the voters, with the following results.
Total Ballots mailed out: 540
Total Ballots returned: 216
Yes votes = 131
No votes = 85
Zone 4-2: the protest is upheld, and the proposed increase has been denied by the voters, with the following results.
Total Ballots mailed out: 325
Total Ballots returned: 118
Yes votes = 42
No votes = 76
After additional reporting by City Engineer Howing and Council discussion.
It was moved by Crosby and seconded by Lau and approved by a vote of 4-0 with Kashifalghita absent to approve the Zone 4-1 proposed increase with CPI increases each year; and reject the proposed Zone 4-2 proposed increases per the balloting results.
17. Resolution Adopting the Fiscal Year 2024-25 Budget During the City Council Budget Study Session on June 3, 2024, staff presented a proposed balanced budget to the City Council. This budget maintains the existing level of general services, resulting in total appropriations of 103,577,770 across all funds. Adopting the attached Resolution will officially approve the Fiscal Year 2024-25 budget.
Recommendation: That the City Council adopt a Resolution approving the Fiscal Year 2024-25 Operating Budget and appropriating $ 103,577,770 to cover expenditures across all funds.
City Manager Dourer called Finance Director Lopez forward to report on this item.
Mayor Hepburn called for public comment: There were none.
Council Comments: Council Member Crosby appreciates all the time spent by staff to prepare this living document.
Council Member Lau thanked staff and department heads for coming together and getting creative about what we could do to tighten our belts, looking forward it's a mindset and attitude.
Mayor Pro Tem Johnson thanked Director Lopez and staff for everything they do for La Verne.
Mayor Hepburn thanked staff for a great job! Staff has done an exemplary job and the study sessions have been very transparent.
It was move by Lau and seconded by Crosby and approved by a vote of 4-0 with Kasliifalghita absent.
18. First Reading of an Ordinance Amending the Municipal Code Related to Refuse Container Storage First reading of an ordinance updating the Municipal Code adding language to enable the enforcement of removal of refuse containers from public rights -of -way in a timely manner.
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Recommendation. That the City Council hold a First Reading of an ordinance updating Municipal Code Chapter 13.28.160 " Maintenance and placement of containers" by adding language to ensure timely removal of containers from public rights -of - way.
City Manager Dourer called Public Works Director Mc Wade forward to report on this item.
Mayor Hepburn called for public comment: There were none.
Council Comment: Council Member Lau clarified the language of the ordinance.
It was moved by Crosby and seconded by Johnson and approved 4-0 with Kashifalghita absent.
PUBLIC COMMENTS
This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion later. Please email your public comment to the City Clerk's office at cityclerk©cityoflaverne.org. 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.
Public Comment was received from: Dr. Casas
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.
Council Member Lau reminded everyone to get tickets for the 4111of July events, and urged everyone to please attend the professional fireworks show, as we are in a high - risk fire area, and thanked our fire department and our first responders for all they do. Congratulations to all graduates, and happy belated Father's Day to all the fathers, and Juneteenth is the Wednesday.
Council Member Crosby appreciates the work that the La Verne Historical Society does for our community. Is grateful to George May for his years of service to La Verne residents and thanked Chief Gonzalez for going to the Foothill Terrace Neighborhood Watch meeting and explaining what our Police force does and what residents can do to keep themselves safe.
Mayor Pro Tem Johnson announced the new president of the Rotary Club International will be Assistant City Manager JR Ranells, who will be installed later this week.
Mayor Hepburn thanked retiring La Verne Librarian GeorgeMay for his dedication and excellent demeanor and attitude, he will be tremendously missed. The A Line is going to be here very shortly with testing to make sure it's safe to ride. The La Verne fire crew is still out at the Pope Fire, everyone is safe, with the fire 8% contained.
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ADJOURNMENT- IN MEMORY OF ROBERT KIRST.
Robert Krist passed away Sunday June 2nd. Robert was an active CERT member and volunteer since his graduation from La Verne's basic training course in 2017. Robert lived in La Verne most of his life, attracted to the small town feel that gives La Verne its charm which he adored. Robert graduated from Bonita High School in 1974. He spent his career working in the hospitality industry which spoke volumes about the kind of person Robert was- kind, caring, and always willing to help others. He was very proud of being a part of CERT which allowed him to give back to his community which was very important to him. In addition to CERT, he volunteered for the American Red Cross and donated his time at the election polls. He is survived by his wife Patricia of 39 years and his 2 dogs who he loved taking to the local park. He will be greatly missed and remembered for his friendly nature and willingness to contribute.
The meeting was adjourned at 9:29 pm
Respectfully submitted,
Debra Fritz
Deputy City Clerk
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