CITY OF LA VERNE
MINUTES OF A CLOSED SESSION AND REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
MONDAY, AUGUST 5, 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 Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Steven F. Johnson and Mayor Tim Hepburn.
Council Members present: Crosby, Kashifalghita, Lau, Johnson, and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, and Assistant City Manager JR Ranells.
CLOSED SESSION ITEMS
1. Conference with Legal Counsel regarding Existing Litigation pursuant to Cal. Gov't Code section 54956.9(d)(1), Cloud v. City of La Verne, et al., Los Angeles Superior Court Case No. 24PSCV01162 and Conference with Legal Counsel regarding Existing Litigation pursuant to Cal. Gov't Code section 54956.9(d)(1), Briones v. City of La Verne, et al. Los Angeles Superior Court Case No. BC712621.
Conference with Legal Counsel, Potential Exposure to Litigation pursuant to Cal. Gov't Code section 54956.9(d)(2) - One (1) case. Conference with Legal Counsel, Potential initiation of litigation pursuant to Cal. Gov't Code section 54956.9(d)(4) - One (1) case.
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6: Negotiators: City Manager, Assistant City Manager, and City Attorney. Employee Organizations): La Verne Police Middle Management Association.
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(4), Claim of David Diaz.
The City Council will recess and reconvene at 6:30 PM for the regularly scheduled City Council meeting. Mayor Hepburn recessed the meeting to closed session.
REGULAR CITY COUNCIL MEETING - RECONVENED AT 6:32 PM
PLEDGE OF ALLEGIANCE - LED BY EAGLE SCOUT TALIA ORTIZ
Council presented Talia with a Pride of La Verne certificate, and congratulated her on her Minutes City Council 8/5/2024 Page 2
accomplishments and on having the distinction of being the first female Eagle Scout from La Verne.
ROLL CALL Council Member Meshal "Kash" Kashifalghita, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Steven F. Johnson and Mayor Tim Hepburn.
Council Members present: Crosby, Kashifalghita, Lau, Johnson, and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, and Assistant City Manager JR Ranells.
Mayor Hepburn asked for the report out after closed session: City Attorney Hall-Barlow stated direction was given but no reportable action taken.
PRESENTATIONS - TRI CITY MENTAL HEALTH, RIMMI HUNDAL AND FIRE DEPARTMENT
PROMOTIONS
2. Executive Director of Tri-City Mental Health Authority, Rimmi Hundal, left her position this month to join the Los Angeles County Department of Mental Health as their Chief Deputy Director.
Rimmi has been with Tri-City Mental Health Authority since 2008 and was appointed Executive Director in 2022.
Council Member Lau, on behalf of Council congratulated Rimmi on her years of service to Tri- City Mental Health Authority and presented her with a Pride of La Verne certificate.
Fire Department promotions in July: Firefighter Jarret Perry, Engineer Paramedic Max McCourt, Captain Paramedic Jason Arrow, and Battalion Chief Andy Glaze.
Fire Chief Chris Nigg introduced each promoted staff member and read their Biographies.
There was a short break, to allow the family and friends present for the presentations to exit the Chamber, the meeting reconvened at 6:57 PM.
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.)
Council Member Lau on behalf of Council read the adjournment in honor of Reggie Webb, long time supporter of La Verne who passed away recently. Reggie's son was present and spoke about his father's life-long commitment to support and mentoring his community. (see last page for fully adjournment)
Mayor Hepburn reminded all that National Night Out is Tuesday, August 6, from 4:30 - 7:00 PM at Las Flores park. Police Chief Sam Gonzalez encouraged all to attend the event and engage with the Police Department personnel present, ask questions and view the equipment that will be on display.
Mayor Hepburn also announced that Sunday, August 11, was the final Concert in the Park, the Answer will be performing at Heritage Park.
Minutes City Council 8/5/2024 Page 3
Council Member Crosby announced the special needs Luau Dance on Friday at the Community Center from 5:00 - 8:00 PM.
Council Member Lau shared that Tri-City Mental Health Authority was looking for input for innovative projects to creative effective and innovative mental health solutions. Interested parties can contact Tri-City to help shape the programs. Also, a reminder the City is searching for an Ad Hoc Water & Sewer Rate Committee. Five committee members are needed. Applications, information and eligibility requirements can be found on the City website.
Public comments were received from: Sherry Best, LV Historical Society President, and Adrian Romero, LV Interim Library Director.
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.) Item #15 was pulled from the Consent Calendar. It was moved by Crosby, and seconded by Lau, to approve the remainder of the consent items, all were approved by a vote of 5-0.
3. City Council Minutes of the Closed Session and Regular meeting of July 1, 2024.
Recommendation: That the City Council approve the minutes of the July 1, 2024 meeting.
Approved
4. Register of Audited Demands in the
amounts of:
Fiscal Year 2023-2024 Fiscal Year 2024-2025
$1,331,660.64 dated 06/26/2024 $1,276,395.28 dated 07/03/2024 $1,435,250.56 dated 07/03/2024 $1,182,404.33 dated 07/10/2024 $276,903.03 dated 07/10/2024 $1,123,979.50 dated 07/17/2024 $221,625.32 dated 07/17/2024
Recommendation: That the City Council approve the audited demands listed above. Approved
5. City of La Verne Treasurer's Report for the Quarter Ending June 30, 2024 The Treasurer's Report for the Quarter ending June 30, 2024, is submitted to the 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 June 30, 2024. Approved
6. Authorize the Use of Mobile Air Pollution Funds for the Purchase of a 2023 Volvo ERC25 Electric Mini Excavator. The Public Works Department is recommending the use of Mobile Source Air Pollution Funds (243) for the purchase of a 2023 Volvo ECR25 Electric Mini Excavator.
Recommendation: That the City Council adopt a Resolution titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR Minutes City Council 8/5/2024 Page 4
2024-25 ADOPTED BUDGET IN THE AMOUNT OF $57,844.86 WITHIN THE MOBILE SOURCE
AIR POLLUTION FUND AND AUTHORIZE THE PURCHASE OF THE ELECTRIC MINI EXCAVATOR. " Approved
7. Resolution Appropriating Funds and Authorizing the Purchase of a 2024 John Deere Compact Utility Tractor from Stotz Equipment in the amount of $46,037.41. This item requests the adoption of a Resolution to appropriate funds to purchase a 2024 John Deere 4066M Compact Utility Tractor in the amount of $46,037.41 from Stotz Equipment. The purchase of this equipment will replace a 26-year-old piece of equipment and aid the City's compliance with air quality regulations by reducing our carbon footprint.
Recommendation: That the City Council adopt the Resolution titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $46,037.41 WITHIN THE VEHICLE
REPLACEMENT FUND AND AUTHORIZE THE PURCHASE OF COMPACT UTILITY TRACTOR." Approved
8. Adopt a Resolution Appropriating Funds, in the amount of $38,500, and authorize the purchase of a replacement vehicle for the Fire Prevention Division. This action will provide funding (combination of Vehicle Replacement and Fire Capital Equipment Funds) and authorize the purchase of a 2024 Chevrolet Colorado for use by the Fire Prevention Division.
Recommendation: That the City Council adopt the Resolution titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $38,500 WITHIN THE VEHICLE REPLACEMENT FUND (FUND 624) - WITH $28,000 FROM VEHICLE REPLACEMENT FUND (FUND 624) RESERVES AND $10,500 TRANSFERRED FROM PS-FIRE EQUIPMENT FUND (FUND 250), AND AUTHORIZE THE PURCHASE OF A REPLACEMENT VEHICLE FOR THE FIRE PREVENTION DIVISION." Approved
9. Resolution Identifying the Terms and Conditions for La Verne Fire Department Response Away From Official Duty and Assigned to a Cal OES Emergency Incident. This resolution authorizes compensation for City of La Verne Fire Department personnel for their time worked, including portal-to-portal reimbursement, while participating in the California Fire Assistance Agreement (CFAA) outside of normal City duties and schedule.
Recommendation: That the City Council:
1. Approve the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA VERNE, CALIFORNIA, IDENTIFYING THE TERMS AND CONDITIONS FOR FIRE
DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT"; and,
2. Authorize retro-active "portal-to-portal" compensation for staff recently deployed to the "Hill Fire."
Both of the above recommendations were approved.
10. Tract Map No. 83604(2820 Amherst Street), Bond Reduction KB Home Greater Los Angeles Inc., the developer of the 5.57 acre site located at 2820 Amherst Street (Tract Map No. 83604), a 42 unit detached single family residential project, has requested to reduce bonds that were Minutes City Council 8/5/2024 Page 5
established with the approval of the final map for the project on September 19, 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 full value. Approved
11. Award of Contract to Hardy and Harper for the B Street from Bonita Avenue to Foothill Boulevard Improvement Project, CIP Proj. ST2304 This action will reject the low bid as non- responsive and award a construction contract to Hardy & Harper, Inc. in the amount of $1,695,000 for the B Street, from Bonita Avenue to Foothill Boulevard Improvement Project. The project will be funded by a combination of budgeted Gas Tax and Annual Pavement Management Program funds for the repaving of existing asphalt pavement, concrete repairs, replacement of various signage and striping, and traffic calming & curb ramp enhancements.
Recommendation: That the City Council:
1. Reject the lowest bid submitted by Leonida Builders, Inc. due to a failure to conform to the provisions of the specifications resulting in a non-responsive bid;
2. Award a public works construction contract to Hardy & Harper, Inc., the lowest, most responsive bidder, in the amount of $1,695,000.00 for the B Street from Bonita Ave. to Foothill Blvd. Improvement Project, Proj. ST2304, which includes the base bid scope of work ($1,625,000) and additive alternate bid item No. A-2 ($70,000); and,
3. Authorize staff to issue change orders not exceeding 10% of the construction budget for a total possible construction contract cost of $1,864,500.00.
All three of the above recommendations were approved.
12. Rejection of Proposals for Video Management System The City posted formal requests for proposals to implement a video management system with multiple remote location cameras. Four proposals were received, none of which met the needs requested by the City.
Recommendation: That the City Council reject all proposals for the Video Management System Request for Proposal process and approve the re-solicitation of proposals for a modified proposal to include a video management system and access control system. Approved
13. Authorization for 55-Hour Closure of Fairplex Drive for Metrolink Railroad Track Upgrades Subject to Final City Approval This authorization by City Council will allow a 55-hour full road closure on Fairplex Drive to enable Metrolink Railroad Track upgrades to occur. The authorization is contingent upon final City approvals, including Traffic Control Plan acceptance by the City Engineer.
Recommendation: That the City Council authorize a 55-hour full road closure on Fairplex Drive for Metrolink Track upgrades, contingent upon final City approvals, including the Traffic Control Plan acceptance by the City Engineer. Approved
14. 2024 Legislative Session Update Throughout the 2024 Legislative Session, the California Legislature has proposed over 2,000 new bills. Utilizing the City's Legislative Platform, City staff have taken a proactive stance, monitoring dozens of bills and submitting 15 position letters for proposed legislation that will have the most impact on City functionality.
Recommendation: That the City Council receive and file this Legislative Update. Approved Minutes City Council 8/5/2024 Page 6
Item #15 was pulled for discussion. Mayor Hepburn called for public comment: Danita Beauchamp comment on this item. There was no Council comment. It was move by Johnson and seconded by Kashifalghita and approved 5-0.
15. Resolution Canceling the August 19, 2024, City Council Meeting. The second Council Meeting in August 2024 is requested to be canceled due to lack of business. This item requires a resolution to cancel the meeting.
Recommendation: That the City Council approve the attached Resolution titled, "A
RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, CANCELING THE AUGUST 19, 2024, CITY COUNCIL MEETING." Approved
THE LA VERNE CITY COUNCIL WILL RECESS TO MEET AS THE LA VERNE JOINT PUBLIC FINANCING AUTHORITY; FOLLOWING THE CITY COUNCIL WILL IMMEDIATELY RECONVENE.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:18 PM AND IMMEDIATELY RECONVENED AS THE LA VERNE PUBLIC FINANCING AUTHORITY.
LA VERNE PUBLIC FINANCING AUTHORITY
16. Resolutions Adopting Budgets for La Verne Mobile Country Club Mobile Home Park and Valley Rancho Mobile Home Park Annually, the La Verne Public Financing Authority (LVPFA) reviews and approves the operating budgets for the two City owned mobile home parks. The budgets do not reflect significant changes from previous years and are attached for the La Verne Public Financing Authority's consideration and adoption.
Recommendation: That the La Verne Public Financing Authority:
1. Adopt the attached Resolution titled, "A RESOLUTION OF THE LA VERNE PUBLIC
FINANCING AUTHORITY ADOPTING A BUDGET FOR LA VERNE MOBILE COUNTRY CLUB MOBILE HOME PARK"; and
2. Adopt the attached Resolution titled, "A RESOLUTION OF THE LA VERNE PUBLIC
FINANCING AUTHORITY ADOPTING A BUDGET FOR VALLEY RANCHO MOBILE HOME PARK."
Assistant City Manager Ranells reported on this item.
Mayor Hepburn called for Council comment: NO AUDIO RECORDED FROM MINUTE 46:24 TO THE 47:40 MINUTE while Mayor Hepburn was commenting. See transcript available on the City website for comments.
Council Member Crosby commented that the mobile home parks pay for themselves no general fund or other fund monies are spent.
Mayor Hepburn called for Public comment: There was none.
Mayor Hepburn called for any additional Council comments: Council Member Kashifalghita want to make sure is safe, clean and affordable for our families and seniors.
It was moved by Kashifalghita, and seconded by Johnson, and approved by a 5-0 vote to adopt the resolutions approving the mobile home park budgets for both La Verne Mobile Country Minutes City Council 8/5/2024 Page 7
Club and Valley Rancho.
The La Verne Joint Public Financing Authority adjourned at 7:25 PM and the City Council meeting immediately reconvened.
PUBLIC HEARING
17. Confirmation of Weed Abatement Clearance Charges for Fiscal Year 2024-2025. The Los Angeles County Department of Agriculture has prepared a report for City Council consideration of Need clearance costs for appropriate parcels within the City. Pursuant to law, a copy of the Fisca Year 2024-2025 Weed Clearance Charges was posted on the City's website.
Recommendation: That the City Council confirm the list of charges and direct the County Auditor to enter the assessments against the parcels of land on the current assessment roll.
City Manager Domer reported on this item.
Mayor Hepburn called for Public comment: There was none.
There were no Council comments.
It was move by Johnson, and seconded by Kashifalghita, and approved by a vote of 5-0.
OTHER MATTERS
18. Support for the Homelessness, Drug Addiction, and Theft Reduction Act City staff were directed by City Council to place an item on a future agenda regarding support for Proposition 36, The Homelessness, Drug Addiction & Theft Reduction Act (23-0017 A1), which will be on the November 2024 Ballot. This measure aims to reform Proposition 47 through various changes to current law related to increased sentences for various drug and theft-related crimes, as defined.
Recommendation: That the City Council approve a resolution entitled "A RESOLUTION OF THE
CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, SUPPORTING THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT."
City Manager Domer reported on this item, and City Attorney Hall Barlow clarified the Council is allowed to take position on all kinds of legislation, including initiative measures.
Public comments were received from: Danita Beauchamp, and Stephen Wiard.
Council comments: Council Member Crosby was in favor of tabling [continuing] this item to give residents time to weigh in on what action they would like Council to take.
Council Member Lau feels education is key to understanding, and is also in favor of tabling [continuing/ this item.
Council Member Kashifalghita disagrees with tabling [continuing] this item. Education is good. but enough is enough. However, he will support the majority on this matter.
Minutes City Council 8/5/2024 Page 8
Mayor Pro Tem Johnson would like to hear the reasons this was put on the agenda before voting.
After Council discussion. It was moved by Johnson and seconded by Hepburn to continue this item to the next Council meeting on September 3, 2024, and approved by a vote of 5-0.
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 [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.
Public comments were received from: Danita Beauchamp, and Donovan Ivy.
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 comments received from: Council Member Lau thanked the community for coming out and showing up for the July 4th festivities, and also thanked city staff, public works, and public safety for putting together a great event and the Boy Scout Troops hosting the pancake breakfast. Also, our pet shelters new volunteers and or contributions as they are very full, August 15th is the national day of giving, all donations made will be matched, and National Night Out it tomorrow, come out and meet your neighbors, various city organization will be there.
Mayor Pro Tem Johnson reminded people to take advantage of all the things the City has to offer.
National Night Out, Concerts in the Park, the Answer will perform for the last concert of the season.
Council Member Crosby announced at the annual board of directors meeting for JPIA the City was recognized with a Risk Management Award for demonstrating superior risk management practices.
It was a pleasure to represent the City and receive this award. School starts soon, so be careful and slow down on the roads. The City will be starting a partnership with an autistic sports league, The Autism Spectrum Athletics, their motto is where amazing and awesome happen. Games are always on Sunday, so families can be there to support their kids. Thank you City Manager Domer and Community Services Director Duran for the support and leadership.
Mayor Hepburn spoke regarding the City Hall Office Olympics currently happening. Each department created a country flag and name, some departments took it a step further and created a national anthem. Accolades to City Manager Domer for the changes he's made, and with everyone working together.
Council Member Kashifalghita is appreciative of our amazing colleagues working together no matter Minutes City Council 8/5/2024 Page 9
what, and takes great joy and pride in representing the City and everybody here.
Mayor Hepburn announced the Downtown Business Improvement District will have music at Mainiero Square on Saturday, August 17, from 5:30 PM - 7:30 PM to enjoy while shopping or dining out. Mayor Hepburn reminded everyone to drive safely as school with be starting soon.
ADJOURNMENT - In memory of Reggie Webb, the founder and CEO of Webb family enterprises, inc., was a notable McDonald's franchisee who owned 16 restaurants in Southern California, employing over 1,100 residents. He was a leader in promoting diversity within the franchise community, serving as chairman of the national black McDonald's operators association from 1994 to 1997, and was honored with the 365black award in 2004. Webb joined the university of La Verne's board of trustees in 2014, actively supporting finance committees, scholarships, and mentoring through campus African American organizations. Additionally, he served on boards for the Los Angeles urban league, Pomona valley hospital medical center, and the Ronald McDonald children's charities. Reggie Webb passed away at 76 due to leukemia-related illnesses and is survived by his wife René, their three children, eight grandchildren, and one great-grandchild.
The meeting was adjourned at 8:22 PM
Respectfully submitted,
Petra Jut
Debra Fritz
Deputy City Clerk