January 21 City Council Meeting Agenda
AGENDA - JAN 21, 2025.PDF
January 21 Agenda Packet
CC PACKET - 012125.PDF
1. Documents:
1.I.
Documents:
COUNCIL REGULAR MEETING AGENDA
Tim Hepburn, Mayor
Wendy Lau, Council Member
Steven Frank Johnson, Mayor Pro Tem
Rick Crosby, Council Member
Meshal "Kash" Kashifalghita, Council Member
Tuesday, January 21, 2025
Closed Session at 5:30 PM
Regular Meeting at 6:30 PM
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
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 in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669-900-6833 and enter ID 819 8841 9991 when prompted. Public comments via Zoom may be accepted for the agenda items listed within the Consent Calendar, Public Hearing and Other Matters sections of the agenda. Zoom participants who violate decorum protocols will be called to order by the presiding officer and if a violation continues, will be muted by direction of the presiding officer. • Once items are 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.
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Wendy Lau, AGENDA City Council 1/21/2025 Page 2
Council Member Rick Crosby, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
CLOSED SESSION TOPIC
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and Assistant City Attorney.
Employee Organization(s): La Verne City Employees Association, La Verne Firefighters Association, La Verne Police Middle Management Association, La Verne Police Officers Association; and all Unrepresented Employees.
Conference with Legal Counsel, Existing litigation pursuant to Government Code Section 54956.9(d)(1) - Gonzalez, J. v. City of La Verne, La Verne Police Dept. Case No. 24STCV34625.
The City Council will recess and reconvene at 6:30 PM for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING - 6:30 PM
PLEDGE OF ALLEGIANCE - VETERAN ORLANDO JACKSON, SFC ARMY 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.
PRESENTATIONS
Christmas Morning Recognition. 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.
Community Survey Results. This presentation will summarize the results of the recent Community Survey, which was conducted to inform the development of the upcoming Strategic Plan. It will focus on key insights and their connection to planning priorities.
Mandatory Recycling and Organics Compliance Update. To meet state regulations (SB 1383, AB 1826, and AB 341), the City of La Verne has partnered with Waste Management to improve compliance with organics and recycling among its commercial and multi-family residential properties. This initiative includes comprehensive public outreach, educational workshops, and a phased rollout of mandatory recycling and organics services. The objective is to provide businesses and property managers with the resources and guidance needed to successfully meet state mandates while fostering a more sustainable community.
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.)
AGENDA City Council 1/21/2025 Page 3
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.)
1. City Council Minutes of the Closed Session and Regular Meeting of December 16, 2024.
Recommendation: That City Council approve the minutes.
2. Register of Audited Demands in the following amounts:
$1,813,600.19 dated 12/04/24 $506,670.81 dated 12/11/24 $2,552,984.92 dated 12/18/24 $907,957.89 dated 12/23/24 Recommendation: That City Council approve the audited demands.
3. 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 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. This item amends an earlier Resolution due to an eligible employee changing positions.
Recommendation: That the City Council 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."
4. Resolution Adopting a Salary Chart for Part-Time Employees and Amending Resolution No. 24-45, 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 the position is also tied to the statutory minimum wage of $16.50 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. 24-45, A
SALARY CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE OPERATOR.”
5. License Agreement with Lewis Land Developers and City Regarding Recreational Uses at Former Lutheran High School Property The City of La Verne proposes entering into a License Agreement with Lewis Land Developers, LLC, and Lewis La Verne, LP (collectively, "Lewis").
This Agreement allows the City to utilize portions of the former Lutheran High School property ("La Verne HS Property") for recreational and sports activities managed by the City’s Community Services Department. The Agreement outlines terms and conditions, including maintenance responsibilities, permitted uses, insurance requirements, and compliance with legal obligations.
Recommendation: That the City Council authorize the City Manager to enter into a License Agreement with Lewis Land Developers, LLC, and Lewis La Verne, LP, and to execute a City Attorney approved Agreement and any related documents to lease the former Lutheran High School recreational fields, parking lot, and gym for City and authorized user recreational use.
AGENDA City Council 1/21/2025 Page 4
6. Resolution Ratifying Proclamation No. 2025-01 Declaring the Existence of a Local Emergency.
On January 14, 2025, the City Manager issued a proclamation for a local emergency based on the existence of conditions of disaster or extreme peril caused by widespread windstorms causing extremely critical fire weather, with Red Flag warnings. Per La Verne Municipal Code Section 2.56.050 A.1., the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
Recommendation: That the City Council adopt a Resolution entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 2025-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY."
PUBLIC HEARINGS
7. Community Development Block Grant Program for 2025-2026. The City of La Verne will be eligible to receive an estimated $151,182 in Community Development Block Grant (CDBG) funds for fiscal year 2025-26.
Recommendation: That the City Council conduct a Public Hearing, and upon closing the Public Hearing, approve a Resolution 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 2025 – 2026.”
8. Consideration of Certifying a Final Environmental Impact Report, Adopting Environmental Findings, Adopting a Statement of Overriding Considerations, and approving the City of La Verne General Plan Update Policy Document.
The General Plan Update identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the City’s residents and businesses. The General Plan Update replaces the City’s 1998 General Plan and substantially updates local conditions, community priorities and goals, State law, and has been reorganized to make the document more user-friendly and straight forward. This action considers approving the General Plan Policy Document after certifying the Final Environmental Impact Report and making environmental findings and a Statement of Overriding Considerations as recommended by staff and the Planning Commission.
Recommendation: It is recommended by the Planning Commission that the City Council adopt Resolutions certifying the final Environmental Impact Report, Findings of Fact, and the Statement of Overriding Considerations, and approve the General Plan Update.
OTHER MATTERS
9. Incidental Outdoor Sidewalk Dining and Furniture Policy. The City previously established a policy regulating the placement of tables and chairs and other displays within the public right-of- way, or sidewalk areas in the Old Town La Verne area. This policy was put into place just before the Covid pandemic though was never fully implemented. Based on City Council direction, staff has updated this policy and is bringing forward for City Council consideration.
Recommendation: The Old Town La Verne Business Improvement District's Advisory Board is recommending that the City Council approve the policy regulating outdoor dining and furniture displays within sidewalk areas.
AGENDA City Council 1/21/2025 Page 5
10. Award of Contract for the City Wide Video Management System Improvement Project. The City received $500,000 in Fiscal Year (FY) 23-24 community project funding from Congresswoman Napolitano through the Community Oriented Policing Services (COPS) Technology & Equipment Grant program to update its Video Management System by installing new cameras at key intersections, updating technology and replacing non-functional units. The project scope recommended for award will also expand coverage of the video surveillance system to City facilities further enhancing public safety.
Recommendation: That the City Council:
1. Reject the lowest bid submitted by CelPlan Technologies, Inc. on the basis that the bid proposal form was incomplete thus rendering the bid non-responsive;
2. Award a public works construction contract to Convergint Technologies LLC, the lowest, most responsible bidder, for all base bid items A1-A8 (City Wide Intersections), and Additive Alternate Items No. B7-B9 (Las Flores Aquatic Center) in the amount of $612,324.97 for La Verne's City Wide Video Management Improvement Project and authorize the City Manager to execute applicable documents; and
3. Authorize the Public Works Director, or designee, to issue change orders not exceeding 18% of the construction budget for a total possible construction contract cost of $764,543.46.
11. Enterprise Resource Planning System Upgrade. Authorization for a five year agreement for an Enterprise Resource Planning (ERP) System upgrade to enhance operational efficiency, particularly in timekeeping, budget management, accounts payable/receivable, payroll processing, and personnel management, while delivering significant cost savings. City Council is asked to waive formal bidding requirements based on overriding circumstances.
Recommendation: That the City Council waive formal bid requirements and authorize the City Manager to enter into a contract for the implementation and a five-year agreement with CentralSquare for the purchase of an upgraded Enterprise Resource Planning System called Finance Enterprise and the continuation of the contract for the Naviline System for Utility Billing and Business License modules.
12. Amended and Restated Employment Agreement with City Manager. Annually, the City Council performs a performance evaluation of the City Manager. After conducting such an evaluation, the City Council is asked to consider an Amended and Restated Employment Agreement with the City Manager providing a five percent (5%) merit increase, three (3) year agreement extension, $100 monthly retiree health savings contribution, and establishment of a higher education tuition allowance.
Recommendation: That the City Council approve an “AMENDED AND RESTATED EMPLOYMENT AGREEMENT - CITY MANAGER,” providing the City Manager certain benefits based on a positive performance evaluation.
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 AGENDA City Council 1/21/2025 Page 6
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 meetings they have attended per Assembly Bill 1234.
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, FEBRUARY 3, at 5:30 P.M.
Posting Statement: A true and amended copy of this Agenda was posted on January 15, 2025, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
AGENDA City Council 1/21/2025 Page 7
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, January 28 - Ad Hoc Water and Sewer Rate Study Committee meeting, City Hall, 5:30 pm - CANCELLED
Monday, February 3 - Old Town La Verne Business Improvement District, Café Wang, 8:30 am
Monday, February 3 - City Council meeting, City Hall Council Chamber, 5:30 pm
Monday, February 10 - Senior Movie Matinee, Community Center, 12:30 pm
Tuesday, February 18 - City Council meeting, City Hall Council Chamber, 5:30 pm
Tuesday, February 25 - Ad Hoc Water and Sewer Rate Study Committee meeting, City Hall, 5:30 pm
Monday, March 3 - Old Town La Verne Business Improvement District meeting, Café Wang, 8:30 am
Monday, March 3 - City Council meeting, City Hall Council Chamber, 5:30 pm
Wednesday, March 5 - Youth Sports Committee meeting, City Hall, 6:00 pm
Monday, March 10 - Senior Movie Matinee, Community Center, 12:30 pm
Wednesday, March 12 - Public Financing Authority (EIFD) meeting, City Hall, 9:00 am
COUNCIL REGULAR MEETING AGENDA
Tim Hepburn, Mayor
Wendy Lau, Council Member
Steven Frank Johnson, Mayor Pro Tem
Rick Crosby, Council Member
Meshal "Kash" Kashifalghita, Council Member
Tuesday, January 21, 2025
Closed Session at 5:30 PM
Regular Meeting at 6:30 PM
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
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 in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669-900-6833 and enter ID 819 8841 9991 when prompted. Public comments via Zoom may be accepted for the agenda items listed within the Consent Calendar, Public Hearing and Other Matters sections of the agenda. Zoom participants who violate decorum protocols will be called to order by the presiding officer and if a violation continues, will be muted by direction of the presiding officer. • Once items are 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.
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Wendy Lau,
AGENDA City Council 1/21/2025 Page 2
Council Member Rick Crosby, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
CLOSED SESSION TOPIC
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and Assistant City Attorney.
Employee Organization(s): La Verne City Employees Association, La Verne Firefighters Association, La Verne Police Middle Management Association, La Verne Police Officers Association; and all Unrepresented Employees.
Conference with Legal Counsel, Existing litigation pursuant to Government Code Section 54956.9(d)(1) - Gonzalez, J. v. City of La Verne, La Verne Police Dept. Case No. 24STCV34625.
The City Council will recess and reconvene at 6:30 PM for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING - 6:30 PM
PLEDGE OF ALLEGIANCE - VETERAN ORLANDO JACKSON, SFC ARMY 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.
PRESENTATIONS
Christmas Morning Recognition. 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.
Community Survey Results. This presentation will summarize the results of the recent Community Survey, which was conducted to inform the development of the upcoming Strategic Plan. It will focus on key insights and their connection to planning priorities.
Mandatory Recycling and Organics Compliance Update. To meet state regulations (SB 1383, AB 1826, and AB 341), the City of La Verne has partnered with Waste Management to improve compliance with organics and recycling among its commercial and multi-family residential properties. This initiative includes comprehensive public outreach, educational workshops, and a phased rollout of mandatory recycling and organics services. The objective is to provide businesses and property managers with the resources and guidance needed to successfully meet state mandates while fostering a more sustainable community.
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.)
AGENDA City Council 1/21/2025 Page 3
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.)
1. City Council Minutes of the Closed Session and Regular Meeting of December 16, 2024.
Recommendation: That City Council approve the minutes.
2. Register of Audited Demands in the following amounts:
$1,813,600.19 dated 12/04/24 $506,670.81 dated 12/11/24 $2,552,984.92 dated 12/18/24 $907,957.89 dated 12/23/24 Recommendation: That City Council approve the audited demands.
3. 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 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. This item amends an earlier Resolution due to an eligible employee changing positions.
Recommendation: That the City Council 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."
4. Resolution Adopting a Salary Chart for Part-Time Employees and Amending Resolution No. 24-45, 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 the position is also tied to the statutory minimum wage of $16.50 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. 24-45, A
SALARY CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE OPERATOR.”
5. License Agreement with Lewis Land Developers and City Regarding Recreational Uses at Former Lutheran High School Property The City of La Verne proposes entering into a License Agreement with Lewis Land Developers, LLC, and Lewis La Verne, LP (collectively, "Lewis").
This Agreement allows the City to utilize portions of the former Lutheran High School property ("La Verne HS Property") for recreational and sports activities managed by the City’s Community Services Department. The Agreement outlines terms and conditions, including maintenance responsibilities, permitted uses, insurance requirements, and compliance with legal obligations.
Recommendation: That the City Council authorize the City Manager to enter into a License Agreement with Lewis Land Developers, LLC, and Lewis La Verne, LP, and to execute a City Attorney approved Agreement and any related documents to lease the former Lutheran High School recreational fields, parking lot, and gym for City and authorized user recreational use.
AGENDA City Council 1/21/2025 Page 4
6. Resolution Ratifying Proclamation No. 2025-01 Declaring the Existence of a Local Emergency.
On January 14, 2025, the City Manager issued a proclamation for a local emergency based on the existence of conditions of disaster or extreme peril caused by widespread windstorms causing extremely critical fire weather, with Red Flag warnings. Per La Verne Municipal Code Section 2.56.050 A.1., the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
Recommendation: That the City Council adopt a Resolution entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 2025-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY."
PUBLIC HEARINGS
7. Community Development Block Grant Program for 2025-2026. The City of La Verne will be eligible to receive an estimated $151,182 in Community Development Block Grant (CDBG) funds for fiscal year 2025-26.
Recommendation: That the City Council conduct a Public Hearing, and upon closing the Public Hearing, approve a Resolution 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 2025 – 2026.”
8. Consideration of Certifying a Final Environmental Impact Report, Adopting Environmental Findings, Adopting a Statement of Overriding Considerations, and approving the City of La Verne General Plan Update Policy Document.
The General Plan Update identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the City’s residents and businesses. The General Plan Update replaces the City’s 1998 General Plan and substantially updates local conditions, community priorities and goals, State law, and has been reorganized to make the document more user-friendly and straight forward. This action considers approving the General Plan Policy Document after certifying the Final Environmental Impact Report and making environmental findings and a Statement of Overriding Considerations as recommended by staff and the Planning Commission.
Recommendation: It is recommended by the Planning Commission that the City Council adopt Resolutions certifying the final Environmental Impact Report, Findings of Fact, and the Statement of Overriding Considerations, and approve the General Plan Update.
OTHER MATTERS
9. Incidental Outdoor Sidewalk Dining and Furniture Policy. The City previously established a policy regulating the placement of tables and chairs and other displays within the public right-of- way, or sidewalk areas in the Old Town La Verne area. This policy was put into place just before the Covid pandemic though was never fully implemented. Based on City Council direction, staff has updated this policy and is bringing forward for City Council consideration.
Recommendation: The Old Town La Verne Business Improvement District's Advisory Board is recommending that the City Council approve the policy regulating outdoor dining and furniture displays within sidewalk areas.
AGENDA City Council 1/21/2025 Page 5
10. Award of Contract for the City Wide Video Management System Improvement Project. The City received $500,000 in Fiscal Year (FY) 23-24 community project funding from Congresswoman Napolitano through the Community Oriented Policing Services (COPS) Technology & Equipment Grant program to update its Video Management System by installing new cameras at key intersections, updating technology and replacing non-functional units. The project scope recommended for award will also expand coverage of the video surveillance system to City facilities further enhancing public safety.
Recommendation: That the City Council:
1. Reject the lowest bid submitted by CelPlan Technologies, Inc. on the basis that the bid proposal form was incomplete thus rendering the bid non-responsive;
2. Award a public works construction contract to Convergint Technologies LLC, the lowest, most responsible bidder, for all base bid items A1-A8 (City Wide Intersections), and Additive Alternate Items No. B7-B9 (Las Flores Aquatic Center) in the amount of $612,324.97 for La Verne's City Wide Video Management Improvement Project and authorize the City Manager to execute applicable documents; and
3. Authorize the Public Works Director, or designee, to issue change orders not exceeding 18% of the construction budget for a total possible construction contract cost of $764,543.46.
11. Enterprise Resource Planning System Upgrade. Authorization for a five year agreement for an Enterprise Resource Planning (ERP) System upgrade to enhance operational efficiency, particularly in timekeeping, budget management, accounts payable/receivable, payroll processing, and personnel management, while delivering significant cost savings. City Council is asked to waive formal bidding requirements based on overriding circumstances.
Recommendation: That the City Council waive formal bid requirements and authorize the City Manager to enter into a contract for the implementation and a five-year agreement with CentralSquare for the purchase of an upgraded Enterprise Resource Planning System called Finance Enterprise and the continuation of the contract for the Naviline System for Utility Billing and Business License modules.
12. Amended and Restated Employment Agreement with City Manager. Annually, the City Council performs a performance evaluation of the City Manager. After conducting such an evaluation, the City Council is asked to consider an Amended and Restated Employment Agreement with the City Manager providing a five percent (5%) merit increase, three (3) year agreement extension, $100 monthly retiree health savings contribution, and establishment of a higher education tuition allowance.
Recommendation: That the City Council approve an “AMENDED AND RESTATED EMPLOYMENT AGREEMENT - CITY MANAGER,” providing the City Manager certain benefits based on a positive performance evaluation.
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
AGENDA City Council 1/21/2025 Page 6
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 meetings they have attended per Assembly Bill 1234.
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, FEBRUARY 3, at 5:30 P.M.
Posting Statement: A true and amended copy of this Agenda was posted on January 15, 2025, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
AGENDA City Council 1/21/2025 Page 7
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, January 28 - Ad Hoc Water and Sewer Rate Study Committee meeting, City Hall, 5:30 pm - CANCELLED
Monday, February 3 - Old Town La Verne Business Improvement District, ULV Executive Dining Room - 1950 Third St, 8:30 am
Monday, February 3 - City Council meeting, City Hall Council Chamber, 5:30 pm
Monday, February 10 - Senior Movie Matinee, Community Center, 12:30 pm
Wednesday, February 12 - Planning Commission meeting, City Hall Council Chamber, 6:30 pm
Tuesday, February 18 - City Council meeting, City Hall Council Chamber, 5:30 pm
Tuesday, February 25 - Ad Hoc Water and Sewer Rate Study Committee meeting, City Hall, 5:30 pm
Monday, March 3 - Old Town La Verne Business Improvement District meeting, Café Wang, 8:30 am
Monday, March 3 - City Council meeting, City Hall Council Chamber, 5:30 pm
Wednesday, March 12 - Planning Commission meeting, City Hall Council Chamber, 6:30 pm
Wednesday, March 5 - Youth Sports Committee meeting, City Hall, 6:00 pm
Monday, March 10 - Senior Movie Matinee, Community Center, 12:30 pm
Wednesday, March 12 - Public Financing Authority (EIFD) meeting, City Hall, 9:00 am
MINUTES OF THE CLOSED SESSION AND REGULAR
MEETING OF THE LA VERNE CITY COUNCIL
MONDAY, DECEMBER 16, 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 TOPIC(S)
Negotiations Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and City Attorney.
Employee Organization(s): La Verne City Employees Association, La Verne Firefighters Association, La Verne Police Middle Management Association, La Verne Police Officers Association; and all Unrepresented Employees.
Public Employee Performance Evaluation, Pursuant to Government Code Section 54957(b)(1):
Title: City Manager
Conference with Legal Counsel - Anticipated litigation. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 (7 cases) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 (7 cases) Conference with Legal Counsel - Existing Litigation pursuant to California Government Code Section 54956.9(d)(1).
•City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No. 23STCP03579.
•Eisen, Erick v. City of La Verne (CJPIA), Case Number: ADJ14580079, ADJ14580097, ADJ17750468, ADJ17814303. Claim Number: 40210165BGG-0001, 23012700, 23017040. File Number: AA126GVv. Date of Loss: 01/21/2021, CT 03/04/2021, 04/17/2023, CT 05/31/2023 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.
Minutes City Council 12/16/2024 Page 2
REGULAR CITY COUNCIL MEETING - Reconvened at 6:34 PM.
PLEDGE OF ALLEGIANCE - COLE TEAGUE, LIFE SCOUT, TROOP #411.
Council presented Mr. Teague with a Pride of La Verne certificate and thanked him for his contributions to the community.
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.
PRESENTATIONS
LVGSA 8U Softball All-Star Team - The 8U All-Star team qualified for the California State Games Regional Tournament where they placed in the top 4, finishing 2 games short of the championship game. The team was managed by Dustin Williams and was coached by Josh Carrillo, Joe Givigliano, Dave Mixon, Angel Tatenco, Nik Reppuhn, and Brett Heslop. The team roster is as follows:
Erisse Amersonis Brynn Blaire Aubrey Carrillo Valissa Diaz Avery Givigliano Riley Heslop Allison Loaiza Charlotte Mixon Ellie Nava Piper Reppuhn Lily Rose Tatenco Jordyn Williams LVGSA President Jonny Hermosillo presented certificates and gift cards to the Team on behalf of the City Council.
LVGSA 10U Softball All-Star Team - The 10U Softball All-Star team placed 1st out of 54 teams and won the USA Softball Southern California State Championship. The team then moved on and placed 3rd out of 36 teams in the California State Games Regional Tournament. The team was managed by Dan Keller and coached by Jeremy Juarez, Steve Newton, and Tito Cruz. The team roster is as follows:
Casandra Cruz Ryan Escujuri Audrey Garcia Jullian Huitrado Brynn Juarez Olivia Keller Sammie Lujan Mina Martinez
Randi Newton Valentina Velasco Victoria Velasquez Ryan Villicana LVGSA President Jonny Hermosillo presented certificates and gift cards to the Team on behalf of the City Council.
Business Assistance Through Crime Reduction Program Overview - The La Verne Police Department will present an overview of the BACR Program. Including the application process, the program progress and the pilot business status.
Sergeant Carlos Flores presented an overview on the BACR Program.
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.)
Minutes City Council 12/16/2024 Page 3
Announcement received from: Adrian Romero La Verne Library Manager and Sherry Best La Verne Historical Society President.
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 #5 was pulled for further discussion. It was moved by Crosby, seconded by Lau to approve the remainder of the consent calendar. It was approved 5-0.
1. City Council Minutes of the regular Council Meeting of December 2, 2024.
Recommendation: That the City Council approve the minutes. Approved
2. Register of Audited Demands in the amount of $2,955,445.80, dated 11/20/24, and $457,559.37, dated 11/27/24.
Recommendation: That the City Council approve the audited demands. Approved
3. Award of Contract for the City Hall Roof Project, No. CF2401 to Rite-Way Roof Corporation in the amount of $466,000. This report seeks City Council approval to award a contract for the City Hall Roof Project, No CF2401 to Rite-Way Roofing, lowest responsible bidder, in the amount of $466,000, and authorization for Staff to award up to a 10% contingency.
This project will replace necessary components of the failing roof.
Recommendation: That the City Council:
1. Approve plans and specifications for City Hall Roof Project, CIP Project No. CF2401;
2. Award a public works construction contract to Rite-Way Roof Corporation, the lowest, most responsible bidder, for all base bid and additive items in the amount of $466,000.00 for the La Verne City Hall Roof Project, Project Number CF2401; and
3. Authorize staff to issue change orders not exceeding 10% of the construction budget ($46,600) for a total possible construction contract cost of $512,600.00.
All recommendations above were approved.
4. Adoption of a Resolution Recertifying the 2024 Sewer System Management Plan. The City is required to updated its Sewer System Management Plan (SSMP) every six years. The adoption of a resolution re-certifying the 2024 SSMP will fulfill the requirements of the State Water Resource Control Board and provide detailed information on the maintenance of the City's sewer system and response and handling of sanitary sewer overflows.
Recommendation: That the City Council adopt a Resolution titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, ADOPTING AND
RECERTIFYING THE CITY OF LA VERNE SEWER SYSTEM MANAGEMENT PLAN
MANDATED BY THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NUMBER 2022-0103-DWQ." Approved
5. Amendment to the Professional Services Agreement with WaterTalent . The City entered into a $70,000 agreement with WaterTalent in February 2024 to support the acting Utilities Manager and oversee water and sewer operations. At this time, due to continued need for services, it is proposed to extend the term five months to June 30, 2025, and increase the total contract to $125,000, which exceeds the City Manager’s approval authority. Sufficient funds exist within the Public Works Department.
Minutes City Council 12/16/2024 Page 4
Recommendation: That the City Council authorize an increase of $50,000 to the existing professional services agreement with WaterTalent, bringing the total not-to-exceed amount to $125,000, and extend the term to June 30, 2025.
Public Works Director McWade clarified the need for this agreement.
Public comment: Danita Beauchamp
Council comment: Mayor Hepburn asked for clarification on the vendor type and length of the agreement
It was moved by Kashifalghita, seconded by Crosby, and approved 5-0.
PUBLIC HEARINGS - NONE
OTHER MATTERS
6. 2025 Legislative Platform & Legislative Update. The City of La Verne’s Legislative Platform serves as a strategic framework for advocacy efforts, ensuring the City can respond effectively to legislation and communicate its priorities to policymakers. The proposed 2025 Legislative Platform will guide efforts to protect local interests, support critical initiatives, and adapt to the evolving legislative landscape.
Recommendation: That the City Council approve the Legislative Platform for the 2025 legislative session.
Administrative Analyst Andrea Blockinger presented this item.
Council Comment: Council Member Crosby thanked City Manager Domer and his team for quickly bringing the Legislative platform to Council, reacting quickly to the resolutions and bills with responses, and for redefining the 2025 Platform.
Mayor Hepburn commented on the benefits of staff establishing relationships with our elected officials, such as our new assembly member John Harabedian and US Representative Gil Cisneros.
Council Member Lau highlighted the changes or additions to the Legislative Platform which are contained in the Community and Recreation Services section, making sure that our recreational spaces are inclusive.
Public Comment: None
It was moved by Johnson, seconded by Lau, and approved 5-0.
7. Youth Sports Facility Use Agreement - La Verne Girls Softball Association (LVGSA). The proposed Youth Sports Facility Use Agreement outlines the terms and conditions for the City of La Verne to grant field and facility use to the La Verne Girls Softball Association (LVGSA). This two-year agreement, effective January 1, 2025, through December 31, 2027, ensures compliance with City policies and sets forth mutual obligations regarding field use, maintenance, safety, programming, and administrative standards.
Recommendation: That the City Council:
1. Approve the attached Youth Sports Facility Use Agreement with the La Verne Girls
Minutes City Council 12/16/2024 Page 5
Softball Association for a term beginning January 1, 2025, and ending December 31, 2027, with options for two, two-year extensions; and,
2. Authorize the City Manager or designee to execute the agreement and any related documents.
Community Services Director Yvonne Duran presented this item.
Council comment: Mayor Pro Tem Johnson asked for clarification on the field conditions, brick dust and lighting.
Council Member Lau asked for clarification on the watering responsibilities per the agreement and gave staff credit for the amount of work behind the scenes to ensure that everyone is in compliance.
Council Member Crosby thanked staff for the agreement that spells out the responsibility of each youth group using the fields.
Council Member Kashifalghita thanked staff for helping out the Community to enable the girls to play softball and win league championships.
Mayor Hepburn thanked staff for the agreement which is absolutely necessary for the safety of our children, thru live scan.
Public comment: Danita Beauchamp
Moved by Lau seconded by Kashifalghita and approved 5-0.
8. Film Permit - The Secret Life of the Dean's Wife. A Film Permit being request by production company Goodflix LLC. to film a movie for Lifetime Network at the University of La Verne. To meet the requirements of the City's Municipal Code and requested filming dates desired by Goodflix LLC, 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 Goodflix LLC. and issue a permit for filming if all required steps are completed.
Council Member Lau recused herself.
Assistant City Manager JR Ranells presented this item.
Council comment: Council Member Crosby asked about the presentation last year regarding film permits not coming to Council for approval.
Mayor Pro Tem Johnson asked about restricting the drone airspace.
Mayor Hepburn commented on the infrequency of film permits received.
Public comment: None
Moved by Johnson, seconded by Crosby, and approved 4-0, with Lau recused.
9. Resolutions Amending the Salary Range for Public Works Director and Adding a Class Specification and Salary Range for a Public Works Director/City Engineer. With the
Minutes City Council 12/16/2024 Page 6
announcement of the departure of the City’s Public Works Director, a review was initiated of the compensation and job duties. This review includes the potential of incorporating the duties of City Engineer in order to better represent City needs, conduct a competitive recruitment, and ensure retention of the position. An increase to the annual salary, addition of City Engineer duties if an applicant is qualified, and approval of a Public Works Director/City Engineer job description are recommended for consideration.
Recommendation: That the City Council adopt the attached Resolutions titled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA,
APPROVING A NEW CLASS SPECIFICATION AND SALARY RANGE FOR PUBLIC WORKS DIRECTOR/CITY ENGINEER,” and "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA VERNE, CALIFORNIA, AMENDING THE SALARY RANGE FOR PUBLIC WORKS DIRECTOR."
City Manager Domer presented this item.
Public comment: None
Council Comments: Mayor Hepburn appreciates this looking outside the box philosophy.
Council Member Crosby agreed that a person with an engineering degree and the qualifications is a bonus.
Council Member Kashifalghita appreciates Director McWade and will miss her positive energy.
Council Member Lau thanked Director McWade for her work.
Mayor Pro Tem Johnson appreciates Director McWade’s efforts.
Mayor Hepburn thanked and appreciates the work on B Street and Director McWade’s staff.
The efficiencies and team work.
It was moved by Kashifalghita seconded by Lau and approved 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.
Comments received from: Danita Beauchamp, Kathy Kalousek, and Yvonne Gallegos.
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.
Minutes City Council 12/16/2024 Page 7
Council Member Lau asked that anyone who would like to communicate anything to the new director of Tri-City to please reach out to her. The tree lighting ceremony was wonderful, Santa did a great job taking lots of photos with families and dogs and babies. ULV’s Leadership class held a global holiday cultural event on campus with performances and food from different cultures. Las Flores Park grand opening was on December 9th, the park is beautiful, thank you to Chris Holden for the money and everything. Christmas morning routes have been posted on the City website and will be on social media. Happy Holiday, Merry Christmas, Happy Hanakkah.
Council Member Crosby announced the new recreation guide is out and my daughter made the cover. Lots of things to do in it. Thankful for the residents and fellow Council Members for an amazing job this year.
Council Member Kashifalghita announced the upcoming Hazardous Waste Roundup at Brackett Field Airport. Also our Community Center will be closed starting December 20th to January 3rd.
All staff were thanked for making our Community safe and fun.
Mayor Pro Tem Johnson appreciates everyone on the dais and staff.
Mayor Hepburn is honored to served with all everyone on the dais and the great staff. He will truly miss Director McWade and wanted to wish everyone a Merry Christmas and a Happy New Year.
City Manager Domer announced that Supervisors’ Barger and Solis have an emergency item on the agenda for tomorrow dealing with the Los Padrinos issue, to proclaim a local emergency within LA County. The meeting will be tomorrow at 9:30 AM, you can go the their website at bos.lacounty.gov to listen in and participate through their Webex or Zoom.
Council adjourned back into Closed Session at 8:46 PM-Per City Attorney Hall Barlow there will be no report out afterwards.
ADJOURNMENT- Closed session meeting adjourned at 9:02 PM.
Respectfully submitted,
Debra Fritz, CMC
Deputy City Clerk
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
t2iLy2024
FY 2024-2025
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FLTNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY
AND PROPER APPROVAL,
STJMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUEDTO
l.
2. 3.
4. 5.
6. 1.
8. 9.
10. 65,9'14.15
56,000 00
46,7 r 0.03
20,s01 40
18,721.61
12,7 54.s6
|,944.94
6,975.81
4,628.85
4,600.00
65,980.58
CALIFORMA WATERS DEVELOPMENT, INC.
FLOCK SAFETY
STRATEGIC CONTRACTING SERVICES
CITY OF POMONA
SAN GABRIEL VALLEY COI.'NCIL OF GOV'T
ATHENS SERVICES
INTER.CON SECT]RITY SYSTEMS, INC.
SALT WORKS, NC.
LOWE'S
VERITONE, INC.
OTHERDEMANDS
NFq'P IPTI'IN
YEAR 2 BILLING AGREEMENT
PAYROLL 1 I I t0t2024-1 t /23 t2024 (L.A. CLEAR)
JULY 2024. NOVEMEBR 2024 LAND BASE
ANNUAL DI]ES MEMBERSHIP FY 2024.2025
CITY AND DOWNTOWN SWEEPER SERVICES FOR DECEMBER 2024
NOVEMBER 2024 PARKING ENFORCEMENT SERVICE
MORTON ALB MED PURCHASES
MATERIAL/PARTS/SUPPLIES PUC}L{SES CITYWIDE
CONTRACT APPLICATION LICENSE FEE 071012024.0613012025
$ 314,791.93
DEMANDS OF $1,8I8.5I WERE PAID ON BE}IALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $190.060.3? WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I }IEREBY CERTIFY THAT THIS IS A TRUE AND ACCT]RATE REGISTER OF AUDITED DEMANDS.
CTIRISTY
FINANCE DIRECTOR
Page I of4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECKNO. AMOI.INT
FY 2024-2025
t2/1112024
ISSUED TO
17 t623
t7 1624
17 1625
17 1626
t7 1627
t71628
17 1629
t7 1630
l7 t63l
t7 1632
17 1633
t7 1634
17 1635
l7 1636
17 1637
171638
17 1639
t7 1640
t7 164t
17 1642
17 1643
17 1644
l7 1645
t7 1646
17 1647
t7 1648
t7 1649
171650
171651
l7 1652
171653
t7 1654
171655
t7 1656
17 1657
171658
17 1659
t7 1660
17 1662
17 t663
t7 1664
t7 1665
t7 1666
t7 1667
171668
t71669
t7 t670
l7 167 t
t7 1672
t7 1673
t7 167 4
17 t67 5
17 167 6
t7 t677
793.41
175.00
115.00
100,00
12,754.56
1,8 10.50
65,974.15
115.00
s50.00
1,998,00
I 15.00
100.00
20,501.40
100.00
523.11
100.00
600.00
2,455.09
251.03
3ss.09
1,1 00.00
56,000.00
941.56
145. I 5
4,063.80
165.00
180.00
290.87
971.9t
790.00
205.00
3,t78.23
r 00.00
173.42
1,706.00
14.00 636.81
2,s00.00
4,628.85
3,030.00
71.10 100.00
604.99
39.79 36.00
72,00
t02.75
100.00
100.00
90.00 t8,72t.61
1,583.28
974.98
63 5.58
AETCO,INC
ALAN BLEEMERS
AMY HEILMAN
ARLTNA ALVAREZ
ATHENS SERVICES
CALIFORNIA PEST MANAGEMENT,INC.
CALIFORNIA WATERS DEVELOPMENT, INC.
CHARLENE HOFFMAN
CHARLES CRITES
CHARTER COMMLINICATIONS
CHRISTINA REYNOLDS
CHUYAN ZHU
CITY OF POMONA
CLAUDIA MEYERS
COLLEY FORD
DAVID LOPEZ
DUY PHAM
ECONOLITE SYSTEMS, INC.
EWING IRRIGATION PRODUCTS
FACTORY MOTOR PARTS
FAILSAFE TESTING, LLC
FLOCK SAFETY
FOOTHILL BUILDING MATERIALS
FORD OF UPLAND, LLC
FRONTIER COMMLINICATIONS
HEDzuCK FIRE PROTECTION
HILLCREST
HIRSCH PIPE AND SUPPLY
HOLLIDAY ROCK CO.
IAPE
IMS REFzuGERATION,INC.
INNOVATIVE PRINTING CONCEPTS
JAEHYUN YOON
JOHNSON EQUIPMENT COMPANY
KELLY ZEMAN
KYOCERA DOCUMENT SOLUTIONS WEST
LINE GEAR
LOS ANGELES POLICE PROTECTIVE LEAGU
LOWE'S
MAIN STREET TOURS
MARA MANAGEMENT
MEGAN BELL
MICKY REHM
PARKHOUSE TIRE, INC.
PORAC
PORAC LDF
REMAX MASTERS REALTY
ROGELIO VELAZQUEZ
SADDIA KHAN
SAFESHRED COMPANY, INC.
SAN GABRIEL VALLEY COUNCIL OF GOV'T
SCHWALM GENERATION, INC.
SHAZOU INC. DBA CLUB PILATES
SINATRA UNIFORM,INC.
Page2of 4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
FY 2024-2025
12t11t2024
AMOTINT ISSUED TO
l7 1678
t7 1679
171680
l7l 681
t7 1682
171683
17 1684
17168s
171686
17 1687
171688
171689
17 1690
l7 1691
17 1692
t7 t693
17 1694
l7 t695
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
Bank Drawn
16.50 2,952.00
83.99 107.10
442.96
2,t83.s7
4,600.00
77.86 t63.20
7.50 100.00
8s5.6 t
440.99
15.60 258.00
75.00 80,87
699.00
I 15.00
2,800.00
718.20
2,748.00
571.20
656.25
11,944.94
75.00 3,089.47
47.59 80.73
994.50
6,97s.81
201 .98
r,500.00
1,298.12
2,362.6s
2,445.09
303.24
46,710.03
2,4ss.36
SO CAL GAS CO
SOLAR ART
SOUTHEAST CONSTRUCTION PRODUCTS INC
SOUTHERN CALIFORNIA EDISON
TK PRINT MANAGEMENT, INC.
U.S. POSTMASTER
VERITONE,INC.
WAGEWORKS,INC.
WELLS FARGO VENDOR FINANCIAL SVCS
WINN-WINN SURVEYING
XENIA TILLMAN
ZENTRIC STUDIO LLC DBA HOTWORX
TANYA CARTER
FEDERAL EXPRESS CORPORATION
CHRISTOPHER PAUL PERNEVI
SOCAL SHRED LLC
SOUTHERN CALIFORNIA TROPHY COMPANY
TOWERSTREAM CORPORATION
ALL PURPOSE DOCUMENT DESTRUCTION
ARAGON, RICHARD
CID CLYDE T BERMEO
ENVIRONMENT CONTROL PUENTE HILLS
GIRON, ANTHONY
GRAINGER
INTER.CON SECURITY SYSTEMS, INC.
LA VERNE CHAMBER OF COMMERCE
LIFE-ASSIST, INC.
POMONA TRUCK & AUTO SUPPLY
POTTS, YASMIN
RKA CONSULTING GROUP
SALT WORKS, INC.
SAVAHE, HOLLIE
SHUSTER ADVISORY GROIUP, LLC
SILVA, JULLIAN
SOUTHLAND MECHANICAL, TNC.
STIN BADGE CO.
TIDCO INDUSTRIES,INC.
STRATEGIC CONTRACTING SERVICES
CINTAS
Total Payroll and Employee Benefit payments
Total LAIMPACT Demands
314,791.93
190,060.37
I,818.5 I
Total Demands ffi
Payroll and Employee Benefit Payments:
BANK DRAWN
Total
I90,060.37 STATE OF CALIFORNIA
190,060.37
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT
FY 2024-2025
tzln12024
ISSUED TO
Break down of standard providers and the benefits they provide Provider Benefits Description
State of Califomia
LAIMPACT Law Enforcement Task Force Demands
Employee state income tax, unemployment insurance and child support/gamishments t7 1696
17 1697
t7 1698
17 1699
171700
Total
661.45
31.50 300.00
198.56
627.00
BPS TACTICAL,INC.
FEDERAL EXPRESS CORPORATION
NUWAY JANITORIAL SERVICES
T-MOBILE
TRANSLTNION RISK & ALTERNATIVE DATA
1,81 8.5 I
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not Ciry funds and are not available for City use outside of LAIMPACT activities.
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
12t112024
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/RJNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY
AND PROPER APPROVAL,
FY 2024-2025
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTTIER THAN PAYROLL AND RELATED BENEFITS,
AMOUNT ISSUED TO DESCRIPTION
t.
2. 3.
4. 5.
6. 7.
8. 9.
10. 65,974.15
56,000.00
46,710.03
20,501.40
18,721.61
12,754.56
|,944.94
6,97 5.81
4,628.85
4,600.00
65,980.58
CALIFORNIA WATERS DEVELOPMENT, INC.
FLOCK SAFETY
STRATEGIC CONTRACTING SERVICES
CITY OF POMONA
SAN GABRIEL VALLEY COUNCIL OF GOV'T
AT}IENS SERVICES
INTER.CON SECURITY SYSTEMS, INC,
SALT WORKS, INC.
LOWE'S
VERITONE, INC.
OTHER DEMANDS
LAS FLORES PARK AQUATICS CENTER WORK T}IRU 8/3112024
YEAR 2 BILLING AGREEMENT
pAyRoLL nil0t2024-t t/2312024 (L.A. CLEAR)
TI]LY 2024. NOVEMEBR 2024 LAND BASE
ANNUAL DUES MEMBERSI{IP FY 2024.2025
CITY AND DOWNTOWN SWEEPER SERVICES FOR DECEMBER 2024
NOVEIVaER 2024 PARKING ENFORCEMENT SERVICE
MORTON ALB MED PURCHASES
MATERIAL/PARTS/SUPPLiES PUCHASES CITYWIDE
CONTRACT APPLICATION LICENSE FEE O7lOI /202 4-06130 12025 $ 3 14,791.93
DEMANDSOF$I,8I8.5I WEREPAIDONBEHALFOFLAIMPACTFORLAWENFORCEMENTTASKFORCEOPERATIONS.
DEMANDS OF $190.060.37 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I I{EREBY CERTIFY T}IAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
CIIRISTY
FINANCE DIRECTOR
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
FY 2024-2025
1211112024
AMOLINT ISSUED TO
t7 1623
t7 1624
t7 1625
17 1626
17 t627
t7 1628
17 1629
171630
17 1631
17 1632
17 1633
l7 1634
17 163s
17 1636
17 1637
r71638
t7 1639
t7 1640
17 1641
t7 1642
t7 1643
17 1644
t7 1645
t7 1646
17 t647
17 1648
17 1649
r716s0
1 716s 1
17 1652
17 1653
t7 1654
171655
17 1656
t7 1657
1716s8
17 1659
17 1660
17 1662
l7 t663
t7 1664
17 1665
17 1666
17 1667
17 1668
17 1669
t7 1670
t7t67l
17 1672
t7 1673
17 1674
t7 167 5
171676
17 1677
793.41
1 75.00
1 1 5.00
100.00
12,754.56
1,8 10.50
65,974.15
115.00
550.00
1,998.00
115.00
100.00
20,501 .40
100.00
s23.11
100.00
600.00
2,4s5.09
251.03
355.09
I,100.00
56,000.00
941.56
145.15
4,063.80
165.00
t 80.00
290.87
971.91
790.00
205.00
3,t78.23
100.00
173.42
1,706.00
14.00 636.81
2,500.00
4,628.85
3,030.00
71 ,10
t 00.00
604.99
39.79 36,00
72.00 102.75
100.00
100.00
90.00 18,72t.61
1,583.28
974.98
63 5.58
AETCO,INC
ALAN BLEEMERS
AMY HEILMAN
ARLINA ALVAREZ
ATHENS SERVICES
CALIFORNIA PEST MANAGEMENT,INC.
CALIFORNIA WATERS DEVELOPMENT, INC
CHARLENE HOFFMAN
CHARLES CRITES
CHARTER COMMLNICATIONS
CHRISTINA REYNOLDS
CHUYAN ZHU
CITY OF POMONA
CLAUDIA MEYERS
COLLEY FORD
DAVID LOPEZ
DUY PHAM
ECONOLITE SYSTEMS, INC.
EWING IRRIGATION PRODUCTS
FACTORY MOTOR PARTS
FAILSAFE TESTING, LLC
FLOCK SAFETY
FOOTHILL BUILDING MATERIALS
FORD OF UPLAND, LLC
FRONTIER COMMUNICATIONS
HEDRICK FIRE PROTECTION
HILLCREST
HIRSCH PIPE AND SUPPLY
HOLLIDAY ROCK CO.
IAPE
IMS REFzuGERATION,INC.
INNOVATIVE PRINTING CONCEPTS
JAEHYT]N YOON
JOHNSON EQUIPMENT COMPANY
KELLY ZEMAN
KYOCERA DOCUMENT SOLUTIONS WEST
LINE GEAR
LOS ANGELES POLICE PROTECTIVE LEAGU
LOWE'S
MAIN STREET TOURS
MARA MANAGEMENT
MEGAN BELL
MICKY REHM
PARKHOUSE TIRE, INC.
PORAC
PORAC LDF
REMAX MASTERS REALTY
ROGELTO VELAZQUEZ
SADDIA KHAN
SAFESHRED COMPANY, INC.
SAN GABRIEL VALLEY COI.INCIL OF GOV'T
SCHWALM GENERATION, INC.
SHAZOU INC. DBA CLUB PILATES
SINATRA I.]NIFORM, INC.
Page2 of 4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOUNT
FY 2024-2025
121t1t2024
ISSUED TO
t7 1678
17 1679
171680
1 71681
171682
171683
t71684
171685
17 1686
t7 1687
171688
171689
17 1690
171691
17 1692
t7 1693
t7 1694
t7 1695
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
Bank Drawn
16.50 2,952.00
83.99 107.10
442.96
2,193.57
4,600.00
77.86 163.20
7,50
100.00
855.61
440.99
I 5.60
258.00
75.00 80.87
699.00
I15.00
2,800.00
718.20
2,748.00
571.20
656.25
11,944.94
75,00
3,089.47
47.59 80.73
994.50
6,975.81
20 r .98
I,s00,00
1,298.12
2,362.6s
2,445.09
303.24
46,710.03
2,455.36
SO CAL GAS CO
SOLAR ART
SOUTHEAST CONSTRUCTION PRODUCTS INC
SOUTHERN CALIFORNIA EDISON
TK PRINT MANAGEMENT, INC.
U.S. POSTMASTER
VERITONE,INC.
WAGEWORKS,INC.
WELLS FARGO VENDOR FINANCIAL SVCS
WINN-WINN SURVEYING
XENIA TILLMAN
ZENTRIC STUDIO LLC DBA HOTWORX
TANYA CARTER
FEDERAL EXPRESS CORPORATION
CHRISTOPHER PAUL PERNEVI
SOCAL SHRED LLC
SOUTHERN CALIFORNIA TROPHY COMPANY
TOWERSTREAM CORPORATION
ALL PURPOSE DOCUMENT DESTRUCTION
ARAGON, RICHARD
CID CLYDE T BERMEO
ENVIRONMENT CONTROL PUENTE HILLS
GIRON, ANTHONY
GRAINGER
INTER.CON SECURITY SYSTEMS, INC,
LA VERNE CHAMBER OF COMMERCE
LIFE-ASSIST, INC.
POMONA TRUCK & AUTO SUPPLY
POTTS, YASMIN
RKA CONSULTING GROUP
SALT WORKS,INC.
SAVAHE, HOLLIE
SHUSTER ADVISORY GROIUP, LLC
SILVA, JULLIAN
SOUTHLAND MECHANICAL, INC.
SLTN BADGE CO.
TIDCO INDUSTRIES,INC.
STRATEGIC CONTRACTING SERVICES
CINTAS
314,791.93
190,060.37
I ,818.5 I
Total Payroll and Employee Benefit payments
Total LAIMPACT Demands
Total Demands 506,670.81
Payroll and Employee Benefit Payments:
BANK DRAWN
Total
I90,060.37 STATE OF CALIFORNIA
190,060.37
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO AMOUNT
FY 2024-2025
1211112024
ISSUED TO
Break down of standard providers and the benefits they provide Provider Benefits Description
State of Califomia
LAIMPACT Law Enforcement Task Force Demands
Employee state income tax, unemployment insurance and child support/gamishments t'7 \696
t7 1697
171698
t7 1699
t7 1700
Total
661.45
3l.50
300.00
198.56
627.00
BPS TACTICAL,INC.
FEDERAL EXPRESS CORPORATION
NUWAY JANITORIAL SERVICES
T-MOBILE
TRANSLTNION RISK & ALTERNATIVE DATA
r ,81 8.5 I
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 of LAIMPACT activities.
CITY OF LA VERNE
REGISTER OF AI.]DITED DEMANDS
tzt18t2024
FY 2024-2025
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITYS PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY
AND PROPER APPROVAL,
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OT}IER TT{AN PAYROLL AND RELATED BENEFITS.
AMOTJNT ISSI.'ED TO DESCRIPTION
l.
a
3. 4.
5. 6.
7. 8.
9. 10.
I,000,423.06
't34,340.29
76,788.80
4l,020.00
18,608.79
I 7,268.00
15,777.25
I 5,744.00
I1,244.34
9,046.22
96,739.03
HARDY AND HARPER, INC.
STRATEGIC CONTRACTING SERVICES
OPPEN}IEIMER NATIONAL
MOTOROLA SOLUTIONS, INC,
PPJCISION CONCRETE CUTTING
JONES MAYER
INLAND VALLEY HUMANE SOCIETY
ROUTEWARE, INC,
U,S. WASTE INDUSTRIES, INC.
WITTMAN ENTERPRISES, LLC
OTHER DEMANDS
PROGRES BILLING T}IRU 9/30/2024 HAYES KING/GROVE STREET/PUBLIC PARKING LOT CoNTRACT AND SI]PPORT SERVICES t1t0412024-1210312024 (L.A. CLEAR) WORK THRU NOVEMBER 2024 SAIETY BT]ILDING SITE IMPROVEMENT PROJECT LPR SOFTWARE LICENSING ANNUAL RENEWAL (L.A. CLEAR)
REPAIR I38 SIDEWAIK TRIP HAZARDS . OLD RANC}I,MILL PARK LEGAL SERVICES OCTOBER 2024
NOVEMBER 2024 ANIMAL CARE AND CONTROL SERVICES
RECYCLE PROGRJAI4 TRACKER A}INUAL RENEWAL I2IO1I2O24.II/3ONO25 THERMAL DESTRUCTION OF SPENT ION EXCHANGE RESIN.AMI{ERST FACILiTY NOVEMBER 2024 BILLING
$ 1,436,999.78
DEMANDS OF $ I8,403.I2 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $I .097.582,02 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
IN ACCORDANCE WTTH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY T}IAT THIS IS A TRUE AND ACCI]RATE REGISTER OF AI,JDITED DEMANDS.
CHRISTY LOPEZ
F]NANCE DIRECTOR
Page I of4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOUNT
FY 2024-2025
12t1812024
ISSUED TO
t7 1701
t71702
171703
17 1704
t7 1705
t71706
17 1707
171708
17 1709
t7 17 l0
t7t71l
17 t7 13
17 t7 t4
l7 t7 t5
t7 17 16
t7 l7 17
171718
t7 t7 19
t7 1720
t7 1721
t7 t722
l7 1723
t7 1724
17 1725
t7 1726
t7 1727
17 1728
17 1729
l7 1730
l7 t73l
171732
t7 1733
t7 t734
t7 1735
17 t736
t7 1737
l7 1738
t7 1739
t7 t7 40
17 t',l41
t7 1742
t7 17 43
t7 17 44
t7 17 45
t7 1746
17 17 47
17 1748
t7 t7 49
t7 t7 50
17 t7 51
171752
17 17 53
t7 t7 54
t7 t7 55
17 1756
17 17 57
171758
17 t7 59
60.23 195.00
3 r 0.49
7,392.26
96.11 29.31
1,247.44
80.00 601.00
125.00
1,682.00
900.00
3,177.50
r l r.34
I 10.90
|3.25
4,915.27
150.12
1,232.t3
770.79
174.39
125.9 I
t,139.74
1,000,423.06
3,959.20
47s.64
1,572.04
15,777.25
14.00 324.52
64.26 1,000.00
395.00
178.46
r 25,00
44.14 76,788.80
9.86 1,384.10
18,608.79
I,940.00
3,863.31
1,913.20
81.00 I 10.00
15,744.00
2,707.64
1,767.00
r,767.00
694.34
238.54
I 91 .41
959.50
4,516.40
53,84
121 .3 I
2,412.78
60.00 ACTNOW SIGNS
AMERICAN TANKTESTING
APODACA, RAYMOND
ARCTIC GLACIER USA, INC.
ARMSTRONG, APRIL
ARROW TRAILER SUPPLIES, INC.
AT&T MOBILITY
BURRO CANYON SHOOTING PARK
CALIFORNIA HEALTH & SAFETY,INC.
CALIF. LANDSCAPE CONTRACTORS ASSOC.
STATE OF CALIFORNIA
RETIRED SENIOR VOLTINTEER PATROL
CIVILTEC ENGINEEzuNG, INC.
COLLEY FORD
CPAC,INC.
DIRECTV
ECONOLITE SYSTEMS, INC.
EDWIN C. ECKLES
EVERSOFT
FACTORY MOTOR PARTS
FIRE APPARATUS SOLUTIONS
GAETA, EDUARDO
GOLDEN STATE WATER COMPANY
HARDY AND HARPER, INC.
HI STANDARD AUTOMOTIVE, LLC
HIRSCH PIPE AND SUPPLY
INLAND EMPIRE STACES, LTD.
INLAND VALLEY HUMANE SOCIETY
KYOCERA DOCUMENT SOLUTIONS WEST
KYOCERA DOCUMENT SOLUTIONS WEST LLC
LA VERNE CAR WASH
LA VERNE POLICE DEPARTMENT
MCLAY SERVICES,INC.
MITCHELL, ROBERT
MMASC
ODP BUSINESS SOLUTIONS, LLC
OPPENHEIMER NATIONAL
PARADISE EMBROIDERY & SCREEN PRINT.
PINE BARK CONSTRUCTION
PRECISION CONCRETE CUTTING
PREMIER FAMILY MEDICINE ASSOCIATES
PzuMARY PHARMACEUTICALS, INC.
PRIMEX CLINICAL LABORATORIES, INC.
RENE'S PLUMBTNG REPAIR
RKA CONSULTING GROUP
ROUTEWARE,INC.
SAM'S CLUB/SYNCHRONY BANK
SAN BERNARDINO VALLEY COLLEGE
SAN BERNARDINO VALLEY COLLEGE
SANDERS LOCK & KEY
SCOTT EQUIPMEMT, INC.
THE SHERWIN-WILLIAMS CO.
SIERRA PACIFIC ROODING
SOCAL ACCESS AND VIDEO
STATER BROS. MARKET #48
SUNLAND TIRE OF LA VERNE,INC.
TPX COMMUNICATIONS
TROOP WEST BASKETBALL INC.
Page2 of 4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT
FY 2024-202s
1211812024
ISSUED TO
17 t760
t7 t7 6t
t7 1762
l7 17 63
t7 17 64
171765
171766
17 1767
t7 1768
l7 1769
17t770
17 177 1
171772
17 1773
t7 177 4
t7 177 5
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
427.00
tt,244.34
89.00 184.53
2,507.77
346.20
s49.s3
349.99
1,859.86
565.67
17.66 41,020.00
13 I .13
456.44
219.00
1,050,00
55.00 9l .50
154.35
6,014.01
49.60 500.00
154.35
I,867. I 0
809.00
17,268.00
238.99
2,s86.07
26.73 182.00
6,587.09
t,002.17
s,227.20
1,819.62
2,936.20
9,046.22
134,340.29
U,S. CAD
U.S. WASTE INDUSTRIES, INC.
VELASQUEZ, MARK
LOS ANGELES TRUCK CENTERS, LLC
WET VIEWS
YWCA OF SAN GABRIEL VALLEY
B&H PHOTO VIDEO
CHARTER COMMLINICATIONS
CHARTER COMMLTNICATIONS
KENNETH CORDRAY
FEDEX
MOTOROLA SOLUTIONS, INC.
RFI ENTERPRISES INC.
SEVADA KHASHADOORIAN
SOUTHERN CALIFORNIA TROPHY COMPANY
TECHNOLOGY MANAGEMENT CONCEPTS
ALL PURPOSE DOCUMENT DESTRUCTION
AM-TEC TOTAL SECURITY INC.
AMERICAL GRAPHIC SYSTEMS, INC
BRENNTAG PACIFIC,INC.
COLLEGIATE PRESS
GREENSCAPE MAINTENANCE SERVICES INC.
HAAKER EQUIPMENT CO.
HASA,INC.
INTERSTATE BATTERY INLAND VALLEY
JONES MAYER
L.N. CURTIS AND SONS
LIFE.ASSIST, INC.
POTTS, YASMIN
RKA CONSULTING GROUP
SALT WORKS,INC.
SHORT LOAD CONCRETE
VERSATERM PUBLIC SAFETY US,INC
WAXIE SANITARY SUPPLY
WESTERN WATERWORKS
WITTMAN ENTERPRISES, LLC
STRATEGIC CONTRACTING SERVICES
Total Payroll and Employee Benefit Payments
Total LAIMPACT Demands
1,436,999.78
1,091,s82.02
I 8,403. I 2
Total Demands 2,s52,984.92
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECKNO. AMOLINT
FY 2024-2025
1211812024
ISSUED TO
Payroll and Employee Benefit Payments:
t7 1782
t7 1783
t7 1784
t7t78s
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
BANK DRAWN
Total
684.00
300.00
209.77
4.00 14s,245.81
49,442.31
58'7.46
194,987.14
24,931.37
8,397.36
8,925.84
655,41 5.86
2,987.75
2,491,38
2,971 .97
Break down of standard providers and the benefits they provide Provider
CITY OF LAVERNE EMPLOYEE FUND
FIDELITY INVESTMENTS #P0754
HEATHER REYES
I.INITED WAY CAMPAIGN
I-INITED STATES TREASURY
STATE OF CALIFORNIA
STATE DISBURSEMENT BDOOOs689
STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC-457
EMPOWER TRUST COMPANY, LLC-ROTH
EMPOWER TRUST COMPANY, LLC-401A
PAYROLL t\ /17 -1 I /3012024
LA VERNE FIRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOC.
CHARLES SCHWAB BANK
WAGEWORKS-ADMIN FEE
Benefits Description
1,097,582.02
A.C. Newman Co.
Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasury
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Veme Employee Fund
LAIMPACT Law Enforcement Task Force Demands
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/gamishments 40lA plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
\
171776
17 1777
171778
171779
171780
17 l18l
Total
1,099.00
9,922.s0
637,33
1r0.00
l,595.83
5,038.46
CHARTER COMMUNICATIONS
FOOTHILL COMMLTNICATIONS, INC
ROTORCRAFT SUPPORT, INC.
SOUTHLAND SHREDDING, INC.
STAPLES
VERIZON WIRELESS
I 8,403. I 2
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 of LAIMPACT activities.
Page4 of 4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
t2/23t2024
FY 24-25
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WTTH THE CIryS PURCHASING/ruNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFMS.
AMOLINT ISSUED TO DESCRIPTION
l.
2. 3.
4. 5.
6. 7.
8. 9.
t0.
4t't,3t6.61
7s,862.04
67,820.93
41,627 .8t
37,450.68
36,080. l6
18,722.60
l 8,530,88
16,852.33
t4,326.97
I 6 t,853.08
THREE VALLEYS MUNICIPAL WATER DIST.
RKA CONSULTING GROUP
DEPARTMENT OF JUSTICE
GREENSCAPE MAINTENANCE SERVICES INC
DEPARTMENT OF HEALTH CARE SERVICES
REPLACEMENT BENEFIT FUND
SDI PRESENCE LLC
WEST COAST ARBORISTS INC-
ROCER BASS
OWSLEY ENTERPRISES LLC
OTHER DEMANDS
NOVEMBER 2024 WATER USAGE
SEPTEMBER. NOVEMBER 2024 BILLING FOR VARIOUS PROJECTS
OCTOBER 2024 PAYROLL AND SEPTEMBER OVERTIME (L.A. CLEAR) DECEMBER 2024 MAINTENANCE SERVICE VARIOUS LOCATIONS
PAYMENT I OF4 EMEROENCY MEDICALTRANSPORTANON PROORAM
2025 REPLACEMENT BENEFIT CONTRIBUTION
NOVEMBER 2024 LICENSES AND TT SERVICE SUPPORT
TREE MATNTENANCE t t I t6t2024-t I t30t2024
DECEMBER 2024 CONSULTING SERVICE (L.A. CLEAR)
DECEMBER 2024 CONSULTING SERVICE (L.A. CLEAR)
s 906,444.09
DEMANDS OF S I,5I3.80 WERE PAID ON BEHALF OF LA IMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS,
FINANCE DIRECTOR
Page I of3
CITY OF LA VERNE FY 24-25
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOTINT ISSUED TO
t212312024
17 1786
17 1787
171788
17 t789
t7 1790
17 t79t
17 1792
17 1793
t7 1794
t7 t795
t7 1796
t7 t797
t7 1798
1.7 t799
171800
171801
t7t802
171803
171804
171805
171806
171807
171808
171809
171810
17181 1
t7 1812
171813
171814
171815
171816
t7 t8t7
171818
171819
t71820
t7 r82]l
t71822
t71823
t7 1824
t'71825
17 1826
17 t827
17t828
171829
171830
171 83 I
t7t832
171833
t7 t834
171835
171836
t7 1837
17183 8
171839
171840
1 7l 841
164.25
589.84
100,00
245.61
1,16 1.3 1
4,647.32
s68.40
225.00
115.00
5,367.60
s,368.63
325.00
4,248.11
23s.00
248.32
15t.79
280.00
t,205.34
290.00
1,178.89
40.04 700.00
45.90 584.01
I,850.67
7 t.67
1,002.67
14.00 252.47
209.58
3,750.00
699.46
100.00
36.10 t,787.07
14.28 574.20
752.68
34.12 36,080. l 6
250.00
773.01
56.25 6'74.98
257.83
348.00
30.00 t8,722.60
68.93 1,297 .45
1 33. 19
274.10
1,85 I .6s
3,358.20
8,094.10
1,056.25
ACTNOW SIGNS
ANDY GUMP,INC.
ANGELA BRUCHET
ARROW TRAILER SUPPLIES, INC.
ATKINSON,ANDELSON,LOYA,RUUD & ROMO
BAB STEERING HYDRAULICS, INC.
BREAK TIME YOGA, LLC
CALIFORNIA PEST MANAGEMENT,INC.
CAROL MIGLIACCIO
CHARTER OAK GYMNASTICS INC
CITY OF POMONA
DAVID BENNET
DEPARTMENT OF TRANSPORTATION
EFFICIENT X.RAY, INC.
EWING IRzuGATION PRODUCTS
FACTORY MOTOR PARTS
BRICKS 4KIDZ
FIRST-CITIZENS BANK & TRUST CO
FRONTIER COMMLTNICATIONS
GLAZE,ANDREW
GLENDORA DODGE JEEP
GMC ELECTRICAL,INC.
HANDYIvIAN UNLIMITED
HOLLIDAYROCK CO.
HOME DEPOT CREDIT SERVICES
INMARK
IT'S A GAS
KYOCERA DOCUMENT SOLUTIONS WEST
KYOCERA DOCUMENT SOLUTIONS WEST LLC
LA VERNE TIRE SERVICE
JOHN LEWIS
LOWE'S
MCKINLEY CHILDREN'S CENTER
MICKYREHM
MIRACLE PLAYGROUND SALES
MONICA SIMS
O.F. WOLFINBARGER
PARADISE EMBROIDERY & SCREEN PRINT.
PROLIFIC WALL CORP/PROLIFIC DR
REPLACEMENT BENEFIT FUND
DESTINYROCHA
OPLINGER, ROCKY
S AND J INTERIORS, INC.
SAM'S CLUB/SYNCHRONY BANK
SANDERS LOCK & KEY
SCHWALM GENERATION, INC.
SCMAF
SDI PRESENCE LLC
THE SHERWIN-WILLIAMS CO,
SINATRA UNIFORM,INC.
SOUTHEAST CONSTRUCTION PRODUCTS INC
SOUTHERN CALIFORNIA EDISON
SPRAGUES',INC.
SUPERIOR COURT OF CA,COLINTY OF L.A.
TENNIS ANYONE INC.
THE COLINSELING TEAM INTERNATIONAL
Page2of 3
CITY OF LA VERNE FY 24-25
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
12t23t2024
t7t842
t7 1843
t7 1844
t'7 t845
t7 1846
t7 t847
171848
t71849
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
BANKDRAWN
1,275.00
1,470.00
3,585.22
5,201.46
71.29 67,820.93
2,607.76
1,542.91
2t48.28
962.50
1,065.04
821 .06
37,450.68
826.00
4t,627.8r
642.23
1,556.20
40.01 925.00
t,573.67
4,295.00
12.92 75,862.04
52.90 2,864.t3
61.14 455.00
417,316.61
2,403.44
146.56
18,530.88
10,166.67
8,937.50
5,613.50
13,907.08
5,3 55.00
I 1,000.00
14,326.97
16,852.33
12,510.34
906,444.09
1,s 13.80
Total Demand 907,957.89
THE SMOKE DETECTORS
WITHERS & SANDGREN LTD.
APPLE INC.
B&H PHOTO VIDEO
KENNETH CORDRAY
DEPARTMENT OF ruSTICE
MASERGY CLOUD COMMLNICATIONS, INC
VERIZON WIRELESS
BRENNTAG PACIFIC INC
CALIFORNIA ARBOR CARE
CARDER, ROBIN
CORE & MAIN, LP
DEPARTMENT OF HEALTH CARE SERVICES
EMPLOY AMERICA-SOCIAL VOCATIONAL SRVC
GREENSCAPE MAINTENANCE SERVICES INC
HAAKER EQUIPMENT CO.
INTERSTATE BATTERY INLAND VALLEY
LA VERNE POWER EQUIPMENT INC.
LAW ENFORCEMENT MEDICAL SERVICES
LIFE-ASSIST, INC.
LSA ASSOCIATES, INC.
POMONA TRUCK & AUTO SUPPLY
RKA CONSULTING GROUP
SALAS, GABRIEL
SOUTHLAND MECHANICAL INC.
54 LIGHTS
TERRY'S TESTING,INC.
THREE VALLEYS MUNICIPAL WATER DIST,
TURBO DATA SYSTEMS INC.
WAXIE SANITARY SUPPLY
WEST COAST ARBORISTS INC.
CORDRAY ENTERPRISES LLC
DEROIAN VENTURES LLC
GROUND ZERO TECHNOLOGIES LLC
LIBERTY COASTAL LLC
MARLYNPACHECO LLC
MICHAEL W. TYNES
OWSLEY ENTERPRISES LLC
ROGER BASS
SOCAL GAS CO.
Total LAIMPACT Demands
171850 1,513.80 BANK OF AMERICA
Total 1 ,5 l 3.80
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 of LAIMPACT activities.
LAIMPACT Law Enforcement Task Force Demands
City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Chris Nigg, Fire Chief
SUBJECT: Resolution Identifying the Terms and Conditions for La Verne Fire Department Response Away from Official Duty and Assigned to a CAL OES Emergency Incident.
SUMMARY
This resolution authorizes compensation for City of La Verne 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. This item amends an earlier Resolution due to an eligible employee changing positions.
RECOMMENDATION
That the City Council 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."
DISCUSSION
The California Fire Assistance Agreement (CFAA) is a critical mutual aid system that allows fire agencies across California to support each other during large-scale emergency incidents.
Participation in this agreement is essential for our Department to provide and receive assistance during emergencies, ensuring a coordinated and effective response. One of the key aspects of the CFAA is the portal-to-portal reimbursement policy. This policy mandates that fire personnel are compensated for their time from the moment they are dispatched to an emergency incident until they return to their home jurisdiction and are available for duty. This approach ensures that our personnel are fairly compensated for the entirety of their deployment, recognizing the full scope of their commitment and the risks involved. Our participation in the CFAA is vital for several reasons: 1. Mutual Aid: Ensuring we can both provide and receive aid during large-scale emergencies enhances our capacity to manage significant incidents effectively. 2. Fair Compensation: The portal-to-portal reimbursement policy aligns with our commitment to fair and legal payment for all our employees for time worked. 3.
Preparedness: Being part of the CFAA ensures that our personnel are prepared, pre-positioned, and ready to respond to emergencies, maintaining a high level of readiness and operational effectiveness. Numerous large fires burned throughout the State in 2024. Cal OES Mutual Aid requests have recently increased exponentially. La Verne is able to assist in various ways, via personnel with specialized skill sets.
At the August 5, 2024, Council meeting, Resolution 24-54 was approved to establish the terms and conditions for the Fire Department's response to emergencies while off-duty. This
RESOLUTION Identifying THE TERMS AND CONDITIONS FOR La VERNE FIRE DEPARTMENT
RESPONSE AWAY FROM OFFICIAL DUTY AND ASSIGNED TO A CAL OES EMERGENCY INCIDENT., Page 2
resolution closely mirrors the original policy, with one minor adjustment.
The resolution specifies the positions eligible to respond to emergency incidents outside their official La Verne-assigned duties. One of these positions was the Fleet Manager, held by an individual certified and trained to perform these responsibilities. However, this individual has since been promoted to Deputy Director of Public Works. Therefore, we are bringing this resolution back to City Council for approval to address this change.
FISCAL ANALYSIS
The fiscal impact of this resolution will be covered through the CFAA reimbursement process, ensuring that the City of La Verne is reimbursed for the costs associated with personnel deployment during emergency incidents.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report and the attached resolution were reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution 25-XX
Report Prepared By:
Jennifer Brown, Senior Management Analyst
RESOLUTION No. 25-XX
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
WHEREAS, the La Verne Fire Department is a public agency located in the County of Los Angeles, State of California, and
WHEREAS, it is the City of La Verne’s desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the City of La Verne has in its employ, response personnel including: Fire Chief, Deputy Chief, Battalion Chief, Part-Time Administrative Battalion Chief, Part Time Administrative Officer, Fire Captain, Fire Captain/Paramedic, Engineer, Engineer/Paramedic, Firefighter/Paramedic, Firefighter/EMT, Firefighter, Senior Management Analyst, Management Analyst, Fleet Manager, Fire Marshal, Community Risk Reduction Specialist, Deputy Director of Public Works; and WHEREAS, the City of La Verne will compensate its employees portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or prepositioned for emergency response; and
WHEREAS, the City of La Verne will compensate its employees overtime in accordance with their current Memorandum of Understating while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCI L OF THE CITY OF LA VERNE THAT:
SECTION 1. Personnel shall be compensated according to Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directive that identifies personnel compensation in the workplace.
SECTION 2. In the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document will be used to compensate such personnel.
SECTION 3. The La Verne Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.
SECTION 4. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response.
SECTION 5. Fire department response personnel include: Fire Chief, Deputy Chief, Battalion Chief, Part-Time Administrative Battalion Chief, Part Time Administrative Officer, Fire Captain, Fire Captain/Paramedic, Engineer, Engineer/Paramedic, Firefighter/ Paramedic, Firefighter/EMT, Firefighter, Senior Management Analyst, Management Analyst, Fleet Manager, Fire Marshal, Community Risk Reduction Specialist and Deputy Director of Public Works.
PASSED, APPROVED AND ADOPTED this 21st day of January 2025.
Mayor Tim Hepburn
ATTEST:
__________________________
Debra Fritz, Deputy City Clerk
I hereby certify that the foregoing Resolution No. 25-X X was duly passed by the City Council of the City of the City La Verne at a meeting thereof held on the 21st day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Fritz, Deputy City Clerk
City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTION ADOPTING A SALARY CHART FOR PART-TIME EMPLOYEES AND AMENDING RESOLUTION NO. 24-45, A SALARY CHART FOR FULL-
TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE
OPERATOR.
SUMMARY
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 $16.50 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. 24-45, A SALARY CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR AMBULANCE OPERATOR.”
DISCUSSION
On January 1, 2025, the minimum wage in California increased from $16 to $16.50 per hour. To comply with State law, La Verne employees making under $16.50 per hour were administratively adjusted as of January 1. However, formal approval of the part-time salary table is needed to reflect the increase as well as adjust other positions linked to minimum wage in order to prevent compaction issues. Generally, part-time positions linked to minimum wage will increase a little over three percent (3%).
As part of the Fire Department’s redeployment model, a classification and annual salary for full- time Ambulance Operator was approved by the City Council at the end of 2021. The annual salary was based on the minimum wage and adjustments also need to be approved to reflect the increase.
FISCAL ANALYSIS
The recommended action is estimated to have a $30,000 fiscal impact for the remainder of the 2024-25 Fiscal Year Budget. No appropriation is requested at this time as adjustments for the remainder of the fiscal year will be included in mid-year adjustments.
ENVIRONMENTAL ANALYSIS
Not applicable.
Resolution Adopting a Salary Chart for Part-Time Employees and Amending Resolution No. 24-45, A Salary Chart for Full-Time Employees to Update the Salary for Ambulance Operator., Page 2
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution for January 2025 Minimum Wage Adjustments
2. Copy of Salary Chart - Increase Calculations_01.01.2025_Minimum Wage Increase
RESOLUTION NO. 25-??
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY CHART FOR PART-TIME EMPLOYEES AND AMENDING RESOLUTION NO. 24-45, A SALARY
CHART FOR FULL-TIME EMPLOYEES TO UPDATE THE SALARY FOR
AMBULANCE OPERATOR
BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The salary chart for part-time employees, effective January 1, 2025, attached hereto and made a part hereof by reference as though the same were set forth in full herein is hereby adopted.
Section 2. Resolution No. 24-46 is hereby repealed in its entirety.
Section 3. Resolution 24-45 pertaining to the salaries of full-time employees is hereby amended as follows effective January 1, 2025:
Grade 520 - Ambulance Operator
Step1=$34,320 Step2=$36,036 Step3=$37,837 Step4=$39,728 Step5=$41,714 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 21st of January, 2025. ________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Debra Fritz, Deputy City Clerk
I hereby certify that the foregoing Resolution No. 25-?? was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 21st day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Debra Fritz, Deputy City Clerk
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
*601 PT-ACCOUNT CLERK I 1 21.5850 21.5850
PT-ACCOUNT CLERK I 2 22.6642 22.6642
PT-ACCOUNT CLERK I 3 23.7979 23.7979
PT-ACCOUNT CLERK I 4 24.9877 24.9877
PT-ACCOUNT CLERK I 5 26.2375 26.2375
*602 PT-ADMIN. ANALYST 1 29.0482 29.0482
PT-ADMIN. ANALYST 2 30.5009 30.5009
PT-ADMIN. ANALYST 3 32.0258 32.0258
PT-ADMIN. ANALYST 4 33.6273 33.6273
PT-ADMIN. ANALYST 5 35.3083 35.3083
608 PT-ADMIN. BATTALION CHIEF 1 74.2238 74.2238
PT-ADMIN. BATTALION CHIEF 2 77.9350 77.9350
PT-ADMIN. BATTALION CHIEF 3 81.8320 81.8320
PT-ADMIN. BATTALION CHIEF 4 85.9231 85.9231
PT-ADMIN. BATTALION CHIEF 5 90.2192 90.2192
*605 PT-ADMIN. CLERK I 1 19.9322 19.9322
PT-ADMIN. CLERK I 2 20.9289 20.9289
PT-ADMIN. CLERK I 3 21.9756 21.9756
PT-ADMIN. CLERK I 4 23.0739 23.0739
PT-ADMIN. CLERK I 5 24.2278 24.2278
*603 PT-ADMIN. CLERK II 1 21.9756 21.9756
PT-ADMIN. CLERK II 2 23.0739 23.0739
PT-ADMIN. CLERK II 3 24.2278 24.2278
PT-ADMIN. CLERK II 4 25.4390 25.4390
PT-ADMIN. CLERK II 5 26.7118 26.7118
632 PT-ADMIN. FIRE CAPTAIN 1 58.5921 58.5921
PT-ADMIN. FIRE CAPTAIN 2 61.5207 61.5207
PT-ADMIN. FIRE CAPTAIN 3 64.5972 64.5972
PT-ADMIN. FIRE CAPTAIN 4 67.8269 67.8269
PT-ADMIN. FIRE CAPTAIN 5 71.2188 71.2188
606 PT-ADMINISTRATIVE INTERN 1 16.0000 3.12% 16.5000
PT-ADMINISTRATIVE INTERN 2 16.8000 3.12% 17.3250
PT-ADMINISTRATIVE INTERN 3 17.6400 3.12% 18.1913
PT-ADMINISTRATIVE INTERN 4 18.5220 3.12% 19.1008
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
607 PT-ADMINISTRATIVE OFFICER 1 58.5921 58.5921
PT-ADMINISTRATIVE OFFICER 2 61.5207 61.5207
PT-ADMINISTRATIVE OFFICER 3 64.5972 64.5972
PT-ADMINISTRATIVE OFFICER 4 67.8269 67.8269
PT-ADMINISTRATIVE OFFICER 5 71.2188 71.2188
*609 PT-ADMINISTRATIVE SEC. 1 27.8034 27.8034
PT-ADMINISTRATIVE SEC. 2 29.1942 29.1942
PT-ADMINISTRATIVE SEC. 3 30.6527 30.6527
PT-ADMINISTRATIVE SEC. 4 32.1855 32.1855
PT-ADMINISTRATIVE SEC. 5 33.7957 33.7957
613 PT-AMBULANCE OPERATOR 1 16.0000 3.12% 16.5000
PT-AMBULANCE OPERATOR 2 16.8000 3.12% 17.3250
PT-AMBULANCE OPERATOR 3 17.6400 3.12% 18.1913
PT-AMBULANCE OPERATOR 4 18.5220 3.12% 19.1008
PT-AMBULANCE OPERATOR 5 19.4481 3.12% 20.0559
677 PT-APPRENTICE FIREFIGHTER 1 16.0000 3.12% 16.5000
*610 PT-ASSISTANT PLANNER 1 34.4005 34.4005
PT-ASSISTANT PLANNER 2 36.1203 36.1203
PT-ASSISTANT PLANNER 3 37.9266 37.9266
PT-ASSISTANT PLANNER 4 39.8228 39.8228
PT-ASSISTANT PLANNER 5 41.8142 41.8142
611 PT-ASSISTANT POOL MANAGER 1 20.9342 3.00% 21.5622
PT-ASSISTANT POOL MANAGER 2 21.9809 3.00% 22.6403
PT-ASSISTANT POOL MANAGER 3 23.0800 3.00% 23.7724
PT-ASSISTANT POOL MANAGER 4 24.2340 3.00% 24.9610
*614 PT-AUTO PARTS TECHNICIAN 1 22.8505 22.8505
PT-AUTO PARTS TECHNICIAN 2 23.9927 23.9927
PT-AUTO PARTS TECHNICIAN 3 25.1920 25.1920
PT-AUTO PARTS TECHNICIAN 4 26.4520 26.4520
PT-AUTO PARTS TECHNICIAN 5 27.7753 27.7753
639 PT-CITY COUNCIL 1 - -
615 PT-CLERICAL ASSISTANT I 1 16.0000 3.12% 16.5000
PT-CLERICAL ASSISTANT I 2 16.8000 3.12% 17.3244
PT-CLERICAL ASSISTANT I 3 17.6400 3.12% 18.1906
PT-CLERICAL ASSISTANT I 4 18.5219 3.12% 19.1000
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
617 PT-CLERICAL ASSISTANT II 1 17.6400 3.12% 18.1906
PT-CLERICAL ASSISTANT II 2 18.5219 3.12% 19.1000
PT-CLERICAL ASSISTANT II 3 19.4480 3.12% 20.0550
PT-CLERICAL ASSISTANT II 4 20.4204 3.12% 21.0577
616 PT-CLERICAL ASSISTANT III 1 19.4480 3.12% 20.0550
PT-CLERICAL ASSISTANT III 2 20.4204 3.12% 21.0577
PT-CLERICAL ASSISTANT III 3 21.4414 3.12% 22.1106
PT-CLERICAL ASSISTANT III 4 22.5135 3.12% 23.2162
*619 PT-COMMUNICATIONS OFFICER 1 29.8983 29.8983
PT-COMMUNICATIONS OFFICER 2 31.3935 31.3935
PT-COMMUNICATIONS OFFICER 3 32.9634 32.9634
PT-COMMUNICATIONS OFFICER 4 34.6115 34.6115
PT-COMMUNICATIONS OFFICER 5 36.3420 36.3420
620 PT-COMPUTER OPERATOR 1 17.2407 17.2407
PT-COMPUTER OPERATOR 2 18.1027 18.1027
PT-COMPUTER OPERATOR 3 19.0077 19.0077
PT-COMPUTER OPERATOR 4 19.9582 19.9582
623 PT-CROSSING GUARD 1 16.0000 3.12% 16.5000
PT-CROSSING GUARD 2 16.8000 3.12% 17.3244
PT-CROSSING GUARD 3 17.6400 3.12% 18.1906
PT-CROSSING GUARD 4 18.5219 3.12% 19.1000
625 PT-CUST. SERV REP TRAINEE 1 16.0000 3.12% 16.5000
PT-CUST. SERV REP TRAINEE 2 16.8000 3.12% 17.3244
PT-CUST. SERV REP TRAINEE 3 17.6400 3.12% 18.1906
PT-CUST. SERV REP TRAINEE 4 18.5219 3.12% 19.1000
626 PT-DEPUTY EMRGNCY OPS CHF 1 77.0642 77.0642
PT-DEPUTY EMRGNCY OPS CHF 2 80.9176 80.9176
PT-DEPUTY EMRGNCY OPS CHF 3 84.9635 84.9635
PT-DEPUTY EMRGNCY OPS CHF 4 89.2116 89.2116
PT-DEPUTY EMRGNCY OPS CHF 5 93.6721 93.6721
624 PT-DEPUTY FIRE MARSHAL 1 43.7490 43.7490
PT-DEPUTY FIRE MARSHAL 2
PT-DEPUTY FIRE MARSHAL 3
PT-DEPUTY FIRE MARSHAL 4
PT-DEPUTY FIRE MARSHAL 5
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
690 PT-ELECTION ASSISTANT 1 17.0690 17.0690
PT-ELECTION ASSISTANT 2 17.9275 17.9275
PT-ELECTION ASSISTANT 3 18.8264 18.8264
PT-ELECTION ASSISTANT 4 19.7662 19.7662
628 PT-ELECTION COORDINATOR 1 53.0000 53.0000
618 PT-ELECTION OFFICIAL 1 16.0000 3.12% 16.5000
PT-ELECTION OFFICIAL 2 16.8000 3.12% 17.3244
PT-ELECTION OFFICIAL 3 17.6400 3.12% 18.1906
PT-ELECTION OFFICIAL 4 18.5219 3.12% 19.1000
627 PT-ENGINEERING AIDE 1 16.0000 3.12% 16.5000
PT-ENGINEERING AIDE 2 16.8000 3.12% 17.3244
PT-ENGINEERING AIDE 3 17.6400 3.12% 18.1906
PT-ENGINEERING AIDE 4 18.5219 3.12% 19.1000
629 PT-EQ.MECHANIC's AIDE 1 16.0000 3.12% 16.5000
PT-EQ.MECHANIC's AIDE 2 16.8000 3.12% 17.3244
PT-EQ.MECHANIC's AIDE 3 17.6400 3.12% 18.1906
PT-EQ.MECHANIC's AIDE 4 18.5219 3.12% 19.1000
*636 PT-FINANCE MANAGER 1 59.5989 59.5989
PT-FINANCE MANAGER 2 62.5792 62.5792
PT-FINANCE MANAGER 3 65.7079 65.7079
PT-FINANCE MANAGER 4 68.9937 68.9937
PT-FINANCE MANAGER 5 72.4432 72.4432
*638 PT-FIRE MARSHAL 1 59.8888 59.8888
PT-FIRE MARSHAL 2 62.8833 62.8833
PT-FIRE MARSHAL 3 66.0274 66.0274
PT-FIRE MARSHAL 4 69.3288 69.3288
PT-FIRE MARSHAL 5 72.7953 72.7953
634 PT-FIRE PREVENTION AIDE 1 16.0000 3.12% 16.5000
PT-FIRE PREVENTION AIDE 2 16.8000 3.12% 17.3244
PT-FIRE PREVENTION AIDE 3 17.6400 3.12% 18.1906
PT-FIRE PREVENTION AIDE 4 18.5219 3.12% 19.1000
*630 PT-FIRE SAFETY SPECIALIST 1 32.6592 32.6592
PT-FIRE SAFETY SPECIALIST 2 34.2918 34.2918
PT-FIRE SAFETY SPECIALIST 3 36.0064 36.0064
PT-FIRE SAFETY SPECIALIST 4 37.8068 37.8068
PT-FIRE SAFETY SPECIALIST 5 39.6975 39.6975
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
633 PT-GRADUATE INTERN 1 16.0000 3.12% 16.5000
PT-GRADUATE INTERN 2 16.8000 3.12% 17.3244
PT-GRADUATE INTERN 3 17.6400 3.12% 18.1906
PT-GRADUATE INTERN 4 18.5219 3.12% 19.1000
635 PT-LABORER 1 16.0000 3.12% 16.5000
PT-LABORER 2 16.8000 3.12% 17.3244
PT-LABORER 3 17.6400 3.12% 18.1906
PT-LABORER 4 18.5219 3.12% 19.1000
637 PT-LIFEGUARD 1 16.8000 3.12% 17.3244
PT-LIFEGUARD 2 17.6400 3.12% 18.1906
PT-LIFEGUARD 3 18.5219 3.12% 19.1000
PT-LIFEGUARD 4 19.4491 3.12% 20.0561
*612 PT-MAINTENANCE WORKER I 1 22.8505 22.8505
PT-MAINTENANCE WORKER I 2 23.9927 23.9927
PT-MAINTENANCE WORKER I 3 25.1920 25.1920
PT-MAINTENANCE WORKER I 4 26.4520 26.4520
PT-MAINTENANCE WORKER I 5 27.7753 27.7753
*640 PT-MOBILE COMMND PST OPRT 1 56.5485 56.5485
642 PT-PARK INTERN 1 16.0000 3.12% 16.5000
PT-PARK INTERN 2 16.8000 3.12% 17.3244
PT-PARK INTERN 3 17.6400 3.12% 18.1906
PT-PARK INTERN 4 18.5219 3.12% 19.1000
644 PT-PARKING CITAT HEAR OFC 1 60.0000 60.0000
646 PT-PARKS WORKER I 1 16.0000 3.12% 16.5000
PT-PARKS WORKER I 2 16.8000 3.12% 17.3244
PT-PARKS WORKER I 3 17.6400 3.12% 18.1906
PT-PARKS WORKER I 4 18.5219 3.12% 19.1000
649 PT-PLANNING INTERN 1 16.0000 3.12% 16.5000
PT-PLANNING INTERN 2 16.8000 3.12% 17.3244
PT-PLANNING INTERN 3 17.6400 3.12% 18.1906
PT-PLANNING INTERN 4 18.5219 3.12% 19.1000
*651 PT-POLICE AIDE I 1 21.6630 21.6630
PT-POLICE AIDE I 2 22.7462 22.7462
PT-POLICE AIDE I 3 23.8843 23.8843
PT-POLICE AIDE I 4 25.0786 25.0786
PT-POLICE AIDE I 5 26.3325 26.3325
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
*652 PT-POLICE AIDE II 1 23.8843 23.8843
PT-POLICE AIDE II 2 25.0786 25.0786
PT-POLICE AIDE II 3 26.3325 26.3325
PT-POLICE AIDE II 4 27.6491 27.6491
PT-POLICE AIDE II 5 29.0319 29.0319
655 PT-POLICE CADET 1 16.3200 3.12% 16.8294
PT-POLICE CADET 2 17.1360 3.12% 17.6708
PT-POLICE CADET 3 17.9928 3.12% 18.5544
PT-POLICE CADET 4 18.8924 3.12% 19.4821
*604 PT-POLICE CLERK I 1 21.6630 21.6630
PT-POLICE CLERK I 2 22.7462 22.7462
PT-POLICE CLERK I 3 23.8843 23.8843
PT-POLICE CLERK I 4 25.0786 25.0786
PT-POLICE CLERK I 5 26.3325 26.3325
654 PT-POOL AIDE 1 16.0000 3.12% 16.5000
PT-POOL AIDE 2 16.8000 3.12% 17.3244
PT-POOL AIDE 3 17.6400 3.12% 18.1906
PT-POOL AIDE 4 18.5219 3.12% 19.1000
656 PT-POOL CASHIER 1 16.0000 3.12% 16.5000
PT-POOL CASHIER 2 16.8000 3.12% 17.3244
PT-POOL CASHIER 3 17.6400 3.12% 18.1906
PT-POOL CASHIER 4 18.5219 3.12% 19.1000
657 PT-POOL INSTRUCTOR I 1 19.4480 3.12% 20.0550
PT-POOL INSTRUCTOR I 2 20.4204 3.12% 21.0577
PT-POOL INSTRUCTOR I 3 21.4414 3.12% 22.1106
PT-POOL INSTRUCTOR I 4 22.5134 3.12% 23.2161
661 PT-POOL MANAGER 1 24.8775 3.00% 25.6238
PT-POOL MANAGER 2 26.1213 3.00% 26.9049
PT-POOL MANAGER 3 27.4275 3.00% 28.2503
PT-POOL MANAGER 4 28.7988 3.00% 29.6628
663 PT-PRESCHOOL ASSISTANT 1 16.0000 3.12% 16.5000
PT-PRESCHOOL ASSISTANT 2 16.8000 3.12% 17.3244
PT-PRESCHOOL ASSISTANT 3 17.6400 3.12% 18.1906
PT-PRESCHOOL ASSISTANT 4 18.5219 3.12% 19.1000
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
664 PT-PRESCHOOL COORDINATOR 1 20.4204 3.12% 21.0577
PT-PRESCHOOL COORDINATOR 2 21.4414 3.12% 22.1106
PT-PRESCHOOL COORDINATOR 3 22.5134 3.12% 23.2161
PT-PRESCHOOL COORDINATOR 4 23.6390 3.12% 24.3768
665 PT-PRESCHOOL INSTRUCTOR 1 17.6400 3.12% 18.1906
PT-PRESCHOOL INSTRUCTOR 2 18.5219 3.12% 19.1000
PT-PRESCHOOL INSTRUCTOR 3 19.4480 3.12% 20.0550
PT-PRESCHOOL INSTRUCTOR 4 20.4204 3.12% 21.0577
*667 PT-REC. COORDINATOR 1 27.4669 27.4669
PT-REC. COORDINATOR 2 28.8407 28.8407
PT-REC. COORDINATOR 3 30.2824 30.2824
PT-REC. COORDINATOR 4 31.7969 31.7969
PT-REC. COORDINATOR 5 33.3864 33.3864
669 PT-REC. LEADER I 1 16.0000 3.12% 16.5000
PT-REC. LEADER I 2 16.8000 3.12% 17.3244
PT-REC. LEADER I 3 17.6400 3.12% 18.1906
PT-REC. LEADER I 4 18.5219 3.12% 19.1000
670 PT-REC. LEADER II 1 17.6400 3.12% 18.1906
PT-REC. LEADER II 2 18.5219 3.12% 19.1000
PT-REC. LEADER II 3 19.4480 3.12% 20.0550
PT-REC. LEADER II 4 20.4204 3.12% 21.0577
672 PT-REC. SPECIALIST I 1 18.5219 3.12% 19.1000
PT-REC. SPECIALIST I 2 19.4480 3.12% 20.0550
PT-REC. SPECIALIST I 3 20.4204 3.12% 21.0577
PT-REC. SPECIALIST I 4 21.4414 3.12% 22.1106
674 PT-REC SPECIALIST II 1 20.4204 3.12% 21.0577
PT-REC SPECIALIST II 2 21.4414 3.12% 22.1106
PT-REC SPECIALIST II 3 22.5134 3.12% 23.2161
PT-REC SPECIALIST II 4 23.6390 3.12% 24.3768
675 PT-REC. SPECIALIST III 1 22.5134 3.12% 23.2161
PT-REC. SPECIALIST III 2 23.6390 3.12% 24.3768
PT-REC. SPECIALIST III 3 24.8209 3.12% 25.5956
PT-REC. SPECIALIST III 4 26.0619 3.12% 26.8753
City of La Verne
Part Time Salary Table
Effective
1-01-2025
Part-Time
GRADE DESCRIPTION STEP CURRENT INCREASE UPDATED
676 PT-REC. SPECIALIST IV 1 24.8209 3.12% 25.5956
PT-REC. SPECIALIST IV 2 26.0619 3.12% 26.8753
PT-REC. SPECIALIST IV 3 27.3649 3.12% 28.2190
PT-REC. SPECIALIST IV 4 28.7331 3.12% 29.6299
678 PT-RESERVE FIREFIGHTER 1 16.0000 3.12% 16.5000
*682 PT-RESERVE POLICE OFC III 1 47.4070 47.4070
*680 PT-RESERVE POLICE OFCR I 1 47.4070 47.4070
*681 PT-RESERVE POLICE OFCR II 1 47.4070 47.4070
*686 PT-SENIOR MNGMNT ANALYST 1 42.9186 42.9186
PT-SENIOR MNGMNT ANALYST 2 45.0650 45.0650
PT-SENIOR MNGMNT ANALYST 3 47.3181 47.3181
PT-SENIOR MNGMNT ANALYST 4 49.6840 49.6840
PT-SENIOR MNGMNT ANALYST 5 52.1682 52.1682
* Full-Time Equivalent
City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Yvonne Duran, Community Services Director
SUBJECT: LICENSE AGREEMENT WITH LEWIS LAND DEVELOPERS AND CITY
REGARDING RECREATIONAL USES AT FORMER LUTHERAN HIGH
SCHOOL PROPERTY
SUMMARY
The City of La Verne proposes entering into a License Agreement with Lewis Land Developers, LLC, and Lewis La Verne, LP (collectively, "Lewis"). This Agreement allows the City to utilize portions of the former Lutheran High School property ("La Verne HS Property") for recreational and sports activities managed by the City’s Recreation and Human Community Services Department (RHSD). The Agreement outlines terms and conditions, including maintenance responsibilities, permitted uses, insurance requirements, and compliance with legal obligations.
RECOMMENDATION
That the City Council authorize the City Manager to enter into a License Agreement with Lewis Land Developers, LLC, and Lewis La Verne, LP, and to execute a City Attorney approved Agreement and any related documents to lease the former Lutheran High School recreational fields, parking lot, and gym for City and authorized user recreational use.
DISCUSSION
Lewis has taken ownership of the former Lutheran High School property, located at the southeast intersection of Amherst Street and Fruit Street, and intends to transfer ownership to its affiliate, Lewis La Verne, LP. This License Agreement grants the City non-exclusive access to portions of the property, including the gym, restrooms, field, and parking lot (“Premises”), for hosting recreational activities and managing authorized users as outlined in the Agreement for a period of one year.
Key provisions of the Agreement include:
• Grant of License: The Agreement permits the City’s recreational use of specified areas, subject to compliance with all terms and conditions.
• Term: The License is effective from the execution date through January 31, 2026, with an early termination option for Lewis upon 60 days’ notice. • Maintenance and Utilities: The City is responsible for maintaining the Premises in good condition and paying all utility costs, Insurance and Liability: The City and authorized users must procure and maintain specific insurance coverage, naming Lewis as an additional insured.
License Agreement with Lewis Land Developers and City Regarding Recreational Uses at Former Lutheran High School Property, Page 2
• Fees: Instead of paying a license fee, the City’s maintenance obligations serve as consideration for the Agreement.
This partnership benefits the community by providing recreational opportunities while ensuring compliance with legal, maintenance, and safety standards. Time is of essence as the City has recreational uses scheduled for the gym facility through the next two months. Between the publication of the Agenda and this meeting, City staff met with Lewis at the site to further define responsibilities to be included within the License Agreement. The intent is to utilize portable restrooms to avoid the use of the current, older restrooms contained within the school grounds as a means to reduce the City's maintenance responsibility and cordon off the school building area from the recreational areas. Revenue from two current user groups is sufficient to cover the monthly expenses and reduced expenditures by the City for its recreational needs further provides the ability for the City to maintain the licensed premises during the short term of the agreement.
FISCAL ANALYSIS
The City will be responsible for maintaining the premises and covering utility expenses associated with operating the gym. The Agreement also requires a $10,000 fully refundable security deposit. While the exact costs for maintenance and utilities are currently unknown, they are expected to be offset by fees collected from gym users. In the case that expenses exceed the City’s existing appropriations, staff will bring the figures back to the City Council for consideration.
ENVIRONMENTAL ANALYSIS
The proposed use of the Premises qualifies as categorically exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15301, as it involves the operation and maintenance of existing facilities with no significant expansion of use.
LEGAL REVIEW
The License Agreement is subject to final review and approval by the City Attorneys office. Key legal terms include indemnification, compliance with applicable laws, and provisions for termination and default and further defining of the premises and maintenance responsibilities based on staff agreement with property owner.
ATTACHMENTS
1. DRAFT License Agreement Lewis LHS Property
LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement”) is made effective as of January ___, 2025 (“Effective Date”) by and between LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company (“LLD”) and LEWIS LA VERNE, LP a Delaware limited partnership (LLV”) (collectively “Lewis”) and the CITY OF LA VERNE, a California municipal corporation (“City”). Lewis, City, and any “Authorized User” (defined below) are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
R E C I T A L S
A. LLD currently owns the former Lutheran High School (La Verne) located at the southeast intersection of Amherst Street and Fruit Street in La Verne, California, commonly referred to as APN 8666-018-009 (the “La Verne HS Property”). The La Verne HS Property is legally described on Exhibit A attached hereto. LLD intends to transfer title to the La Verne HS Property to its affiliate, LLV.
B. City desires to obtain a non-exclusive license from Lewis to conduct the “Permitted Uses” (defined below) on the “Premises” (defined below). The Premises is that portion of the La Verne HS Property depicted on the “Aerial Photograph of the Premises” attached hereto as Exhibit A-1.
C. Lewis is willing to grant a non-exclusive license over the Premises to City subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:
1. Grant of License for the Premises. For the duration of the “Term” (defined below) of this Agreement, Lewis grants a non-exclusive license to City, and City accepts the non- exclusive license from Lewis (the “License”), for the City to use those portions of the La Verne HS Property identified on Exhibit A-1 as the “Gym”, “Restrooms” “Field”, and “Parking Lot”, together with those existing sidewalks and pathways within the La Verne HS Property necessary to access the Gym, Restrooms, Field, and Parking Lot (collectively the “Premises”) solely for the Permitted Uses described in Section 2 below and subject to City’s compliance with all of the terms and conditions of this Agreement.
2. Permitted Use(s). Use of the Premises shall be limited to the following (collectively, the “Permitted Uses”): (a) City’s use of the Premises to host and manage individuals and/or teams that register to participate in those recreational and sports activities listed on Exhibit B attached hereto with the City’s Community Services Department (the “City Users”), and (b) City’s rental of the Premises solely to those “Authorized Users” listed on Exhibit C attached hereto for the recreational and sports activities identified in Exhibit C (the “Authorized Users)”. The City Users and the Authorized Users shall be individually referred to herein as a “User” and collectively referred to herein as the “Users”. Nothing in this Agreement shall prevent City from charging any User of the Premises a fee for its use of the Premises which the City shall retain. No Authorized Use shall be permitted by the City to access or use the Premises unless the City and the Authorized User each execute the “Authorized User Addendum” in the form of Exhibit D attached hereto and the Authorized User provides the insurance required in Section 12 below and a fully executed
copy of the Authorized User Addendum and required insurance is delivered by the City to Lewis.
3. Term. The term of this Agreement (“Term”) shall begin on the Effective Date and continue until January 31, 2026, unless terminated earlier as provided in this Section 3 or as provided in Section 15(b) below. Notwithstanding anything to the contrary in this Agreement, Lewis shall have the right to terminate the License and the Agreement, in Lewis’ sole and absolute discretion, with or without cause, upon sixty (60) days’ prior written notice to City (the “Early Termination Right”). The date on which this Agreement terminates, either pursuant to the expiration of the Term, the Early Termination Right, or as provided in Section 15(b) below, is referred to as the “Termination Date”. Unless City receives written notice from Lewis to the contrary, and notwithstanding any other obligations of City hereunder, on or before the Termination Date, City shall: (i) remove all “Personal Property” (defined below) of City or any User from the Premises; (ii) perform the “Clean-up” (defined below); and (iii) surrender and quit the Premises.
4. License Fee. In lieu of paying Lewis a license fee, and as consideration for granting the License, the City shall perform all of the required Maintenance as set forth in Section 7 and pay all of the Utilities as set forth in Section 8 below.
5. Deposits. City shall pay Lewis Ten Thousand Dollars ($10,000) to hold as a security deposit (the “Security Deposit”). Lewis shall be entitled to use some or all of the Security Deposit to offset Lewis’ cost to remedy any City breach of this Agreement. Any portion of the Security Deposit remaining on the Termination Date shall be returned to the City.
6. Condition of the Premises/Permits/Regulations.
(a) Condition of Premises. City agrees and acknowledges that City is accepting the Premises in its “AS-IS, WHERE IS” condition, with all faults, and without any representations or warranties from Lewis regarding the suitability of the Premises for the Permitted Uses. City acknowledges and agrees that City has inspected the Premises and the Premises may not be fully compliant with the Americans with Disabilities Act (“ADA”).
(b) No Other Uses. Neither the City nor any User shall use the Premises for any purpose other than the Permitted Uses. If a User seeks to change or add to the Permitted Uses, it may only do so if Lewis expressly approves that change or addition in writing, which approval may be withheld by Lewis in its sole and absolute discretion.
(c) Permits. City acknowledges and agree that City shall diligently pursue and obtain, and require and ensure that all Users pursue and obtain, all required permits and authorizations for the Permitted Uses, all at City’s sole cost and expense. (d) Compliance with all Laws, Regulations, Ordinances. City shall comply with, and require and ensure that all Users comply with, all laws, regulations, and ordinances of all governmental agencies which are applicable to the Premises and/or the Permitted Uses (the “Laws”), as the same may be updated or changed from time to time.
7. Maintenance and Repairs. City hereby represents, warrants, covenants, and agrees that it will, at all times during the Term, and at City's sole cost and expense, maintain the Premises in good, safe, and clean condition and repair, and in accordance with all Laws, including, but not limited to, daily removal of any trash or debris from the Premises, daily cleaning, sweeping and maintenance of the Gym and Restrooms, weekly sweeping of the Parking Lot, daily watering and weekly mowing and trimming of the turf and landscaping at the Field, and making all repairs as and when needed to the Premises to maintain them in a good and safe condition (collectively, the “Maintenance”).
8. Utilities. City shall be solely responsible for the cost of all utility services delivered to the Premises during the Term, including, but not limited to, electricity, natural gas, water, trash and sewer (the “Utilities”). City shall contract directly with all utility providers to furnish all such Utilities to the Premises for the Term and shall pay all utility service invoices for the Premises by their due dates. If such direct contract is not permitted by the utility providers, then Lewis shall contract for the Utilities and invoice City monthly for its utility use which shall be paid by City within fifteen (15) days after receipt (the “Monthly Utility Charge”).
9. Liens and Encumbrances. City shall: (i) keep the Premises free and clear of any mechanics liens, or other liens and encumbrances related to the use of the Premises by City or any Users (collectively, “Liens”), and (ii) if any Liens are recorded during the Term of this Agreement, or are recorded after the Agreement is terminated but which Liens relate to the use of the Premises by City or any Users, then City shall protect, indemnify, defend, and save Lewis from and against all liability, losses, damages, costs, attorneys' fees and incidental costs (including charges of in-house counsel), and all other expenses incurred by Lewis by reason of the filing and/or the removal of any Lien and City shall immediately either (at its sole cost and expense) (x) obtain a mechanics release bond (from a surety and in form satisfactory to Lewis) to bond over the Lien, or (y) immediately pay the sums due and obtain a release of the Lien. City shall not mortgage or otherwise encumber its interest in the Premises, and shall pay all reasonable costs and expenses, including attorneys’ fees, required to remove any such encumbrance immediately.
10. Hazardous Substances/Waste. The term “Hazardous Substances”, as used in this Agreement, shall mean any substances that are defined as such under any local, State or Federal laws in effect during the Term. The Laws in effect during the Term regulating the storage, handling, generation, treatment, disposal, discharge, release, transportation, or clean-up of Hazardous Substances are collectively referred to in this Agreement as the “Hazardous Substance Laws”. City shall, at its sole expense, comply with all Hazardous Substance Laws concerning the Premises. City shall not cause or permit to occur:
(a) Any violation of any Hazardous Substance Law now or hereafter enacted, related to environmental conditions on, under, or about the Premises, or arising from the use or occupancy of the Premises by City or any Users, including, but not limited to, soil and ground water conditions; or
(b) The use, generation, release, manufacture, refining, production, processing, handling, treating, storage, or disposal of any Hazardous Substances on, under, or about the Premises, or
(c) The transportation to or from the Premises of any Hazardous Substances unless, in both cases, after Lewis’ prior written consent and in full compliance with all applicable Laws; or
(d) Accept any trash, debris, green waste, fill dirt, soil, or any other materials or waste (collectively, “Waste”) to be dumped, stored, buried, or placed in, on, or under the Premises.
City acknowledges and agrees that any disposal, release, or discharge of Hazardous Substances in, on, or under the Premises or the acceptance of any Waste in, on, or under the Premises by City or any Users which is not approved by Lewis in writing in its sole and absolute discretion shall be a material breach of this Agreement by the City.
11. Assignment and Sublicensing. Except for the Permitted Uses by the Users in strict accordance with Section 2 above, City may not assign its interest in this Agreement or sublicense or lease the Premises without Lewis’ prior written consent, which consent may be withheld in Lewis’ sole and absolute discretion.
12. Insurance.
(a) Required Coverage. Commencing on the Effective Date and continuing thereafter during the Term, (i) City shall, at its sole cost and expense, procure, pay for, and keep in full force and effect the following insurance for the Permitted Uses of the Premises by the City and by its City Users, and (ii) require and procure from all Authorized Users, for the Permitted Uses of the Premises by the Authorized Users, the following insurance in at least the amounts specified below, subject to increase as Lewis may reasonably require from time to time.
(i) Commercial general liability insurance with a per occurrence limit of not less than two million dollars ($2,000,000.00) and two million dollars ($2,000,000) in the aggregate which includes contractual liablity coverage for the indemnities in favor of Lewis set forth in this Agreement and the Authorized User Addendum.
(ii) Workers’ compensation and employer’s liability coverage to the extent required by law.
(iii) Comprehensive automobile liability and property insurance with a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence.
(b) Policy Requirements. All insurance policies required hereunder shall meet the following requirements:
(i) Except for the workers’ compensation policies, all insurance policies shall name as additional insureds Lewis La Verne, LP, Lewis Land Developers, LLC, Lewis Management Corp., a Delaware corporation (“LMC”), and any other persons and entities reasonably designated by Lewis. (ii) All policies shall be issued on an occurrence basis. “Claims Made” policies are not acceptable.
(iii) All policies must be issued by companies with general policy holder’s and financial ratings of at least A-/Class VII, as rated in the most current available “Best’s Key Rating Guide” (provided that if the financial rating is
XII, the generally policyholder rating may be B+), and which are authorized to do business in the State of California.
(iv) Liability policies must be written as primary policies, and any insurance carried by Lewis shall not be contributing thereto.
(v) Each insurer must be obligated to give Lewis at least (30) days written notice in advance of any cancellation or lapse or of the effective date of any reduction in the coverage amounts.
(vi) All policies must waive the insurer’s right of subrogation. (vii) All policies must contain an endorsement issued by the carrier and reflecting coverage for all Permitted Uses under this Agreement. (c) Evidence of Coverage. On or before any use of the Premises by City or any Users, City shall deliver to Lewis a certificate of insurance and endorsements indicating that all required insurance coverage for such Users is in full force and effect.
Thereafter, certificates and endorsements evidencing the required coverage shall be delivered to Lewis within (30) days prior to the expiration of the term of each policy and whenever requested by Lewis.
13. Waiver of Subrogation. Lewis shall not be liable to the City or any User or to any insurance company (by way of subrogation or otherwise) insuring such User for any direct or consequential loss or damage to any building, structure, or other tangible property or for any resulting loss of income or losses under workers’ compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence or gross negligence of Lewis or its agents or employees, if any such loss or damage is covered by insurance benefiting such User. Each Certificate of Insurance provided by the City under Section 12(c) above shall include an endorsement providing that the insurer waives all rights of recovery by way of subrogation against Lewis.
14. Waiver/Release/Indemnity. To the fullest extent permitted by law, City, for itself and for every User, (i) agree that Lewis and LMC, and their respective officers, directors, members, managers, agents, and employees (collectively and individually the “Lewis Indemnitees”) shall not be liable for, (ii) agree to waive, release and forever discharge the Lewis Indemnitees from, and (iii) agree to protect, defend (with counsel acceptable to Lewis), indemnify, and hold Lewis Indemnitees harmless from and against, all claims (“Claims”) (A) for the death or any accident, injury, loss, or damage to any person or loss or damage to the property of any person (x) arising from, related to or occurring during any use or occupancy of the Premises by City or any User, and/or by any person holding under City or such User, or by City’s or such User’s respective members, officers, agents, invitees, representatives, employees or volunteers, or contractors (collectively the “User Group”), including, without limitation, any Claims for alleged violations of the ADA by Lewis, or (y) caused by the negligence or willful act or omission of any User Group wherever the same may occur within the La Verne HS Property, or (B) for any loss, damage, liability, cause of action, costs, or expenses, including legal fees and costs, suffered by Lewis Indemnitees arising or resulting from any breach of this Agreement, breach of any Authorized User Agreement, or violation of any Laws by any of the User Group. The indemnities in this Paragraph shall survive the termination of this Agreement.
15. Default by City.
(a) Events of Default. City shall be in default under this Agreement if:
(i) City fails to make any payment required hereunder for more than five (5) business days after written notice from Lewis that the payment is overdue, including, but limited to, the Monthly Utility Charge; or (ii) City fails to conduct the Maintenance; or
(iii) City vacates or abandons the Premises; or
(iv) City fails to comply with all conditions issued by any government agency exercising jurisdiction over the Premises as they relate to the Permitted Uses; or
(v) City fails to perform any other obligation under this Agreement for more than fifteen (15) days after written notice of the failure from Lewis, provided that if the failure is not reasonably susceptible to cure within fifteen (15) days then City shall not be in default within the meaning of this section if City commences curing the failure within the fifteen (15)-day period and thereafter diligently pursues the cure to completion.
The notices required in this section shall be in lieu of, and not in addition to, any notices required by the Laws.
(b) Remedies. Lewis may treat the occurrence of any one (1) or more of the events in Section (a)15(a) as a breach of this Agreement, and, in addition to any and all other rights or remedies of Lewis under this Agreement, at law, or in equity, Lewis may, without further notice or demand of any kind to City or any other person except as then may be required by law, Lewis may immediately terminate the Agreement and the License upon written notice delivered to the City and re-enter and take possession of the Premises, and remove all persons therefrom. Upon termination of the Agreement all Users shall cease to have any right to use or occupy the Premises and the terms of Section 19 shall apply.
16. Waiver. Any waiver by Lewis of a breach of a covenant of this Agreement by a User shall:
(a) not be construed as a waiver of a subsequent breach of the same or any other covenant; or (b) affect or alter this Agreement but each and every term and provision of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. Lewis’ consent to, or approval of, anything requiring Lewis’ consent or approval shall not be deemed a waiver of Lewis’ right to withhold consent or approval of any subsequent similar act or request by a User.
17. Entry. Lewis may, but shall not be obligated to, enter the Premises at any time to: inspect the Premises; exercise any right or remedy of Lewis under this Agreement; make repairs, alterations, improvements, and additions to the Premises as Lewis deems necessary or desirable; perform work necessary to comply with any Laws; perform work that Lewis deems necessary to prevent waste or deterioration in connection with the Premises; to show the Premises to prospective or actual purchasers, tenants, lenders, investors, and insurers; to post notices of non-responsibility; and for any other purpose permitted by the Laws. City hereby waives any claim for damages or for any injury or inconvenience to or
interference with City’s use of the Premises, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by act of Lewis under this Section 17.
18. “AS IS” Condition. Lewis makes no representation or warranty, express or implied, respecting the Premises, or the Premises fitness for use by City or any User, or otherwise in connection with the transactions contemplated by this Agreement, including, without limitation, any implied warranties of fitness for a particular purpose or merchantability, which implied warranties are expressly disclaimed by Lewis. City and each User, by its use, hereby acknowledges that this Agreement, and the licensing of the Premises by Lewis is on an entirely “AS IS”, “WHERE IS”, and “WITH ALL FAULTS” basis, that as of the Effective Date, City and each User has made its own independent investigations and studies with respect to the Premises, and the Permitted Use thereof. City’s execution of this Agreement shall constitute the City’s and all User’s: (a) unconditional approval and acceptance of the Premises including, without limitation, their physical condition of the Premises for the Permitted Uses; and (b) acknowledgement that Lewis’ obligations under this Agreement have been fully performed with respect to the Premises. Lewis shall have no responsibility to perform any work or incur any costs or expenses in connection with the Permitted Use of the Premises by City or any User.
19. Surrender of Premises. On or before the Termination Date, City shall (i) remove all “Personal Property” (defined below) of City or any User, if any; (ii) repair any damage caused by any use of the Premises by City or any User, and (iii) remove any and all trash and debris from the Premises (collectively the “Clean-Up”). City shall redeliver the Premises to Lewis in good order and state of repair, in substantially the same condition as the Premises existed at the commencement of the Term ordinary wear and tear excepted. All equipment, supplies, and other personal property owned by City or any User used in connection with the Permitted Uses (the “Personal Property”), which City fails to salvage or remove from the Premises by the termination of the Agreement shall, at Lewis’ option, either: (i) become the property of Lewis with no further action required by either Party; or (ii) Lewis shall charge City the cost Lewis incurs (which City shall pay) to dispose or store (as applicable) such Personal Property. If City fails to perform the Clean-Up, then Lewis shall be entitled to keep some or all the Security Deposit, if any, to pay for any necessary Clean-Up costs on the Premises that City failed to perform under this Agreement (the “Offset”). In addition to the Offset, Lewis shall have other rights and remedies under law and equity with respect to recovering Lewis’ costs to perform the Clean-Up if City fails to do so. City agrees and acknowledges that time is of the essence in connection with the Clean-Up and that Lewis will be damaged if the Clean-Up is not timely completed.
20. Estoppel Certificate. City within, ten (10) days after receipt of Lewis’ written request, shall execute, and deliver to Lewis a written estoppel certificate certifying to Lewis and its lenders and purchasers that this Agreement is unmodified and in full force and effect except as stated in the certificate, that a complete copy of this Agreement and all amendments is attached to the certificate as an exhibit, that except as specified in the certificate there are no uncured defaults on the part of Lewis hereunder, and any other information reasonably requested by Lewis.
21. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered, delivered by commercial overnight delivery service, or sent by certified or registered mail, return receipt requested, to the appropriate address set forth below, or transmitted by
email to the addresses set forth below. For all purposes herein, notices shall be provided as follows:
If to City, to: City of La Verne
[Insert Contract Information]
If to Lewis: Lewis Land Developers, LLC
c/o Lewis Management Corp.
Attn: John Goodman
P. O. Box 679
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
Email:
With copy to: Lewis Land Developers, LLC
c/o Lewis Management Corp.
Attn: Glen Crosby
P. O. Box 679
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
Email:
and
Lewis Management Corp.
Legal Dept.
Attn: General Counsel
P. O. Box 679
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
Email:
Notices that are mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above.
Notices sent via commercial overnight delivery service shall be deemed to have been given the next business day after deposit with the commercial delivery service. Notices that are transmitted via email shall be deemed to have been given the business day sent, if sent before 5:00 p.m. recipient’s time, and on the next business day, if sent after 5:00 p.m. recipient’s time. The addresses and emails for the purposes of this paragraph may be changed by giving written notice of such change in the manner herein provided for giving notice.
22. Entire Agreement. It is understood that all previous oral or written agreements or representations between the Parties hereto affecting this Agreement, if any, are hereby
merged into this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, representations, agreements, and understandings, if any, between Lewis and City.
23. Amendments in Writing. No provision of this Agreement may be amended except by an agreement in writing signed by both Lewis and City.
24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
25. Severability. If any provision of this Agreement or the application of such provision to any person, entity, or circumstance is found invalid or unenforceable by a court of competent jurisdiction, the determination shall not affect the other provisions of this Agreement and all other provisions of this Agreement shall be deemed valid and enforceable.
26. Successors. All rights and obligations of Lewis and City under this Agreement shall extend to and bind the respective heirs, executors, administrators, and assignees of the Parties hereto.
27. Time of Essence. Time is of the essence in this Agreement.
28. Recording. No memorandum of this Agreement shall be recorded.
29. Attorneys’ Fees. In the event that at any time after the Effective Date, either Lewis or City shall institute any action or proceeding against the other relating to the provisions of this Agreement, or any default hereunder, the prevailing Party shall recover reasonable attorneys’ fees (including charges of in-house counsel), expert witness fees, and all costs or disbursements incurred therein by the prevailing Party including, without limitation, any fees, costs, or disbursements incurred on any appeal from the action or proceeding.
30. AGREEMENT NEGOTIATIONS. THIS AGREEMENT IS AN IMPORTANT DOCUMENT
WHICH SETS FORTH IN WRITING THE AGREEMENT OF THE PARTIES WITH REGARD TO THE MATTERS ADDRESSED IN THIS AGREEMENT. IMPORTANT
RIGHTS AND OBLIGATIONS OF BOTH PARTIES ARE INVOLVED, AND EACH PARTY
HAS BEEN URGED TO CONSULT ITS RESPECTIVE ATTORNEYS AND OTHER APPROPRIATE EXPERTS AND CONSULTANTS. BOTH PARTIES AGREE THAT ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT HAVE BEEN FREELY
NEGOTIATED BETWEEN THE PARTIES AND THAT EACH PARTY HAS HAD AN
OPPORTUNITY TO BE REPRESENTED BY COUNSEL AND HAS PROVIDED INPUT
INTO THIS DOCUMENT AND CHANGES HAVE BEEN MADE AT THE REQUEST OF EACH PARTY. FOR THIS REASON, THIS AGREEMENT WILL NOT BE INTERPRETED
SO AS TO PREFER THE INTEREST OF ONE PARTY NOR CONSTRUED AGAINST THE PARTY THAT DRAFTED THE AGREEMENT.
[SIGNATURES FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF, Lewis and City have duly executed this Agreement as of the Effective Date.
“Lewis”
LEWIS LAND DEVELOPERS, LLC
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation,
its Sole Manager
By:
John M. Goodman
Sr. Exec VP/CEO
LEWIS LA VERNE, LP
a Delaware limited partnership
By: LCD GP HOLDINGS,LLC,
a Delaware limited liability company
its General Partner
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation
its Sole Manager
By:
John M. Goodman
Sr. Exec VP/CEO
“CITY”
CITY OF LA VERNE
a California municipal corporation
By: ______________________
Name:____________________
Title: City Manager
EXHIBITS
Exhibit A Legal Description of the La Verne Property
Exhibit A-1 Aerial Photograph of Site
Exhibit B List of Permitted Uses
Exhibit C List of Permitted Authorized Users
Exhibit D Authorized User Addendum
WBF:aa Z:\Legal\PROJECT DEV - CALIFORNIA\LaVerne - Arroyo.Lutheran School G2960\City License\Drafts\2025 City of La Verne License ver 2 (1-13-25).docx
Exhibit A
EXHIBIT A
Legal Description of the La Verne Property
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER SECTION; THENCE WEST 40 RODS; THENCE NORTH 40 RODS; THENCE EAST 40 RODS; THENCE SOUTH 40 RODS TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION OF THE REAL PROPERTY INCLUDED IN ANY PUBLIC ROAD.
APN: 8666-018-009
Exhibit A-1
Exhibit A-1
AERIAL PHOTOGRAPH OF THE “PREMISES”
“Gym”
“Parking Lot”
“Restroom” “Field”
Exhibit B
Exhibit B
List of Permitted Uses
[To Be Inserted]
Exhibit C
Exhibit C
List of Permitted Authorized Users
[To Be Inserted]
Exhibit D
Exhibit D
Authorized User Addendum
This AUTHORIZED USER ADDENDUM (“Addendum”) is made ____________, 2025 (“Effective Date”) and is executed by __________________________[insert name] (“Authorized User”) and by LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company (“LLD”) and LEWIS LA VERNE, LP a Delaware limited partnership (LLV”) (collectively “Lewis”) and the CITY OF LA VERNE, a California municipal corporation (“City”). Lewis, City, and “Authorized User” (defined below) are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
R E C I T A L S
A. Lewis and the City are parties to that certain License Agreement dated January [ ], 2025 (the “License Agreement”) by which the City has been granted a license (“License”) from Lewis, the owner of the Premises described in the License Agreement, which permits the City’s rental of the Premises to Authorized User for the Permitted Use described in Section 1 below (the “Authorized Use”).
B. By its signature below, Authorized User acknowledges and agrees that Authorized User has received a copy of the License Agreement. All definitions not defined herein shall have the meaning set forth in the License Agreement.
C. Authorized User desires use of the City’s License to conduct the Authorized Use.
D. Lewis agrees to the Authorized User’s use of the City’s License to conduct the Authorized Use subject to the terms and conditions of this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:
1. Grant of License for the Authorized Use. Lewis agrees that Authorized User may use the City’s License for the following Authorized Use:
(i) State Type of Activity: ________________________________________ __________________________________________________________ (ii) Identify Premises Facility to Be Used: Gym ____ or Field ______ (includes Bathrooms & Parking Lot)
(iii) Schedule of Use: The Authorized Use shall be permitted in accordance with that Schedule attached as Exhibit 1 hereto which Schedule shall be subject to modification by the City in accordance with the City’s rules and regulations for use of City’s recreational facilities.
2. Incorporation of the Original Agreement/Other City Agreement. This Addendum is made pursuant to and is hereby made a part of the License Agreement. This Addendum
Exhibit D
incorporates herein by reference all of the terms and conditions of the License Agreement which concern or relate to any “User” under the terms of the License Agreement which the Parties agree are binding on Authorized User. This Addendum and the License Agreement are in addition to and not in lieu of any rental or other use agreement required by the City from Authorized User for the Authorized Use and in addition to all other rules and regulations of the City required for the Authorized Use.
3. Insurance. Authorized User may not commence or continue any use of the Premises for the Authorized Use until Authorized user has obtained the insurance required by the License Agreement and delivered to City and Lewis the certificate of insurance and all endorsements required by the License Agreement. Authorized User agrees to maintain that insurance in full force and effect at all times during the Authorized Use.
4. Waiver of Subrogation. Lewis shall not be liable to Authorized User or to any insurance company (by way of subrogation or otherwise) insuring Authorized User for any direct or consequential loss or damage to any building, structure, or other tangible property or for any resulting loss of income or losses under workers’ compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence or gross negligence of Lewis or its agents or employees, if any such loss or damage is covered by insurance benefiting Authorized User. The certificate of insurance provided by Authorized User under Section 3 above shall include an endorsement providing that the insurer waives all rights of recovery by way of subrogation against Lewis.
5. Waiver/Release/Indemnity. Authorized User acknowledges and agrees that the City has assumed sole and full responsibility, at City's sole cost and expense, to operate, manage, maintain and repair the Premises at all times during the Authorized Use, in good, safe, and clean condition and repair. Lewis has no obligation or liablity to Authorized User for the City’s breach of that obligation or any other obligation under the License Agreement.
Without limiting the foregoing, to the fullest extent permitted by law, Authorized User, for itself and for its members, officers, agents, invitees, representatives, employees or volunteers, or contractors, (i) agree that Lewis and Lewis Management Corp., and their respective officers, directors, members, managers, agents, and employees (collectively and individually the “Lewis Indemnitees”) shall not be liable for, (ii) agree to waive, release and forever discharge the Lewis Indemnitees from, and (iii) agree to protect, defend (with counsel acceptable to Lewis), indemnify, and hold Lewis Indemnitees harmless from and against, all claims (“Claims”) (A) for the death or any accident, injury, loss, or damage to any person or loss or damage to the property of any person (x) arising from, related to or occurring during any use or occupancy of the Premises by Authorized User, and/or by any person holding under Authorized User, or by Authorized User’s members, officers, agents, invitees, representatives, employees or volunteers, or contractors (collectively the “User Group”), including, without limitation, any Claims for alleged violations of the ADA by Lewis, or (y) caused by the negligence or willful act or omission of Authorized User or any of the User Group wherever the same may occur within the La Verne HS Property, or (B) for any loss, damage, liability, cause of action, costs, or expenses, including legal fees and costs, suffered by Lewis Indemnitees arising or resulting from any breach of the License Agreement, breach of the Authorized User Addendum, or violation of any Laws by Authorized User or any of the User Group. The indemnities in this Paragraph shall survive the termination of the Authorized Use Agreement.
6. Notices. The address for all notices to Authorized User is as follows:
Exhibit D
Name of Authorized User: ________________________
Attn: _________________________________________
Address: ______________________________________
Email: _______________________________________
[SIGNATURES FOLLOW ON NEXT PAGE]
Exhibit D
IN WITNESS WHEREOF, Lewis, City and Authorized User have duly executed this Amendment as of the Effective Date.
Lewis”
LEWIS LAND DEVELOPERS, LLC
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation,
its Sole Manager
By:
John M. Goodman
Sr. Exec VP/CEO
LEWIS LA VERNE, LP
a Delaware limited partnership
By: LCD GP HOLDINGS,LLC,
a Delaware limited liability company
its General Partner
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation
its Sole Manager
By:
John M. Goodman
Sr. Exec VP/CEO
“Authorized User”
Name:___________________________
By:__________________________
Name:________________________
Title:__________________________
“City”
CITY OF LA VERNE
a California municipal corporation
By: ______________________
Name:____________________
Title: City Manager
Exhibit D
Exhibit 1
Schedule for Authorized Use
[To be completed by City]
City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: RESOLUTION RATIFYING PROCLAMATION NO. 2025-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY.
SUMMARY
On January 14, 2025, the City Manager issued a proclamation for a local emergency based on the existence of conditions of disaster or extreme peril caused by widespread windstorms causing extremely critical fire weather, with Red Flag warnings. Per La Verne Municipal Code Section 2.56.050 A.1., the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
RECOMMENDATION
That the City Council adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 2025-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY."
DISCUSSION
The National Weather Service issued a Particularly Dangerous Situation (PDS) Red Flag Warning in effect from 1200 on Tuesday, January 7, through 1600 on Wednesday, January 8 for much of Los Angeles County including the San Gabriel Valley. The National Weather Service then issued an Extremely Critical Fire Weather Area alert for portions of Los Angeles County in effect from Tuesday, January 14, through Wednesday morning, January 15 for much of Los Angeles County including the San Gabriel Valley.
The City of La Verne has the power to impose measures and provide aid and other resources and has suffered expenses from personnel overtime, use of resources and will continue to expend resources until the danger is over. The City Manager proclaimed a local emergency on January 14, 2025, and per the City's Municipal Code, the City Council must ratify that action with sever (7) days.
FISCAL ANALYSIS
Ratifying the Proclamation of a Local Emergency will allow the City to receive State and Federal reimbursement for expenditures.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
Resolution Ratifying Proclamation No. 2025-01 Declaring the Existence of a Local Emergency., Page 2
ATTACHMENTS
1. RESO Declaring a Local Emergency
2. Proclamation Declaring Local Emergency
Report Prepared By: Coordinated with:
Debra Fritz, Deputy City Clerk Kimberly Hall Barlow, City Attorney
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 2025-01 DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
THE CITY COUNCIL OF THE CITY OF LA VERNE DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, La Verne Municipal Code Section 2.56.050 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), authorize the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services , personnel, equipment , and facilities of the City; and
WHEREAS, the National Weather Service issued a Particularly Dangerous Situation (PDS) Red Flag Warning in effect from 1200 on Tuesday, January 7, through 1600 on Wednesday, January 8 for much of Los Angeles County including the San Gabriel Valley; and
WHEREAS, the National Weather Service issued an Extremely Critical Fire Weather Area for portions of Los Angeles County and Critical Fire Weather Red Flag Warning in effect from Tuesday, January 14, through Wednesday morning, January 15 for much of Los Angeles County including the San Gabriel Valley; and WHEREAS, the National Weather Service is considering this event a life threatening, destructive, and widespread windstorm that can result in significant wind impacts such as downed trees and power outages, as well as high risk for large fires with very rapid spread, extreme fire behavior, and long-range spotting; and WHEREAS, the City of La Verne has responded to over 83 requests for tree related issues, downed trees, removal of limbs on power lines, and in the City right-of- ways; the City increased higher level reservoir capacity to 100 % to ensure adequate fire protection and flow; a total of 18 overtime staff were required to mitigate these issues; the La Verne
Fire Department increased suppression staffing at two stations to prepare for and provide an augmented response to a potentially catastrophic wildfire; and WHEREAS, the City of La Verne has the power to impose measures and provide mutual aid and other resources to protect against such impacts ; and WHEREAS, such conditions are beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the January 2025 Windstorm; and
WHEREAS, the City Manager, as the City's Director of Emergency Services, has the power to declare a local emergency as authorized by Government Code section 8630 and La Verne Municipal Code section 2.56.050 A.1.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of La Verne as follows:
A. The City Manager’s Proclamation of Local Emergency No. 2025-01 dated January 14, 2025, and orders contained therein, is hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et seq., including Section 8558(c), and Chapter 2.56 of Title 2 of the La Verne Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by a severe wind and potential for wildfire, as detailed in the recitals set forth above.
C. The area of the City which is endangered/imperiled is the entire City.
D. During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions , and orders of this City, including but not limited to the City of La Verne Multi-Hazard Functional Emergency Plan.
E. That a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of La Verne; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
PASSED, APPROVED AND ADOPTED this 21st day of January, 2025.
Tim Hepburn, Mayor
ATTEST:
Debra Fritz, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF LA VERNE )
I, Debra Fritz, Deputy City Clerk of the City of La Verne, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2025-xx and was duly passed and adopted by the City Council of the City of La Verne at a regular meeting held on the 21st day of January 2025, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of La Verne this 21st day of January 2025.
Docusign Envelope lD: 546BB2AF-F6DE-4C49-A4F3-D250F08285F7
A PROCLAMATION BY THE CITY MANAGER OF THE CITY OF
CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY
DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
LA VERNE,
SERVICES,
WHEREAS, La Verne Municipal Code Section 2.56.050 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), authorize the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, the National Weather Service had issued a Particularly Dangerous Situation (PDS) Red Flag Warning in effect from 1200 on Tuesday, January 7, through 1600 on Wednesday, January 8 for much of Los Angeles County including the San Gabriel Valley; and
WHEREAS, the National Weather Service has issued an Extremely Critical Fire Weather Area for portions of Los Angeles County and Critical Fire Weather Red Flag Warning in effect from Tuesday, January 14, through Wednesday morning, January 15 for much of Los Angeles County including the San Gabriel Valley; and WHEREAS, the National Weather Service is considering this event a life threatening, destructive, and widespread windstorm that can result in significant wind impacts such as downed trees and power outages, as well as high risk for large fires with very rapid spread, e)dreme fire behavior, and long-range spotting; and WHEREAS, the City of La Verne has responded to over 83 requests for tree related issues, downed trees, removal of limbs on power lines, and in the City right-of- ways; the City increased higher level reservoir capacity to 100 o/o to ensure adequate fire protection and flowt a total of 18 overtime staff were required to mitigate these issues; the La Verne Fire Department increased suppression staffing at two stations to prepare for and provide an augmented response to a potentially catastrophic wildfire; and Proclamation No. 2025-01 Page 1 of 3
PROCLAMATION NO. 2025-01
Docusign Envelope lD: 546BB2AF-F6DE-4C49-A4F3-D250F08285F7 WHEREAS, the City of La Verne has the power to impose measures and provide mutual aid and other resources to protect against such impactsi and WHEREAS, such conditions are beyond the control of the services, personnel, equrpment, and facilities of the City and require the combined forces of other political subdivisions to combat; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the January 2025 Windstorm; and
WHEREAS, the City Manager, as the City's Director of Emergency Services, has the power to declare a local emergency as authorized by Government Code section 8630 and La Verne Municipal Code section 2.56.050 A.1 .
NOW, THEREFORE, lT lS PROCLAIMED AND ORDERED by the City l\Ianager of the City of La Verne as follows:
A. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et seq., including Section 8558(c), and Chapter 2.56 of Title 2 of the La Verne Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by a severe wind and potential for wildfire, as detailed in the recitals set forth above.
The area of the City which is endangered/imperiled is the entire City.
During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City, including but not limited to the City of La Verne Multi-Hazard Functional Emergency Plan.
The City Council shall review and ratify this proclamation within 7 days as required by state law, and if ratified, shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency as required by B
D
Proclamation No. 2025-01 Page 2 of 3
Docusign Envelope lD: 546BB2AF-FODE-4C49-A4F3-D250F08285F7 Ken Domer, City lt/lanager
Director of Emergency Services
ATTEST:
by:
\Jrra. fu{,1
Debra Fritz, Deputy City Clerk
E
state law until it terminates the local emergency and shall terminate the local emergency at the earliest possible date that conditions warrant, That a copy of this proclamation be fonrvarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of La Verne; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other a ppropriate federal d isaster relief prog rams.
PROCLAIMED this 14th day of January,2025.
Giid"fp barbw, rovwt' at1 frt(ovut4
Kimberly Hall Barlow, City Attorney
Proclamation No. 2025-01 Page 3 of 3
--DocuSigned
by:
I .r'- - /-\.t;,, I )
[ \-9--:9-:{::
City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Candice Bowcock, Principal Planner
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2025-2026.
SUMMARY
This is the 51st 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 $151,182 in Community Development Block Grant funds.
RECOMMENDATION
That the City Council conduct a Public Hearing, and upon closing the Public Hearing, approve a Resolution 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 2025 – 2026.”
DISCUSSION
The City of La Verne will be eligible to receive an estimated $151,182 in Community Development Block Grant (CDBG) funds for fiscal year 2025-26. The recommendation for approval is made after consideration of the federal allocation requirements and the desire to continue the existing public service program given the estimated 2025-2026 CDBG allocations:
2025-2026 CDBG Allocation
+ Rollover from 2024-25
Total:
$151,182
$ 39,424
$190,606
Senior Hot Lunch Program (15% of 2025-26)
$22,677
Sidewalk Repairs $167,929
Public service programs, according to CDBG regulations, may not exceed 15% of the yearly grant ($22,677) and each program must be funded a minimum of $10,000. The Senior Hot Lunch Program has been operating successfully with CDBG funds for over 20 years. Staff is recommending that the CDBG be awarded to the Senior Lunch Program for the full 15%, by funding the full amount of $22,677 to the Senior Lunch Program.
The remaining 85% of the funding is to be used for Public Facilities and Improvements. As identified in previous years, due to expanding regulatory criteria, it is difficult for La Verne to find programs that will be deemed eligible, e.g. meeting the national objective of assisting
Community Development Block Grant Program for 2025-2026. , Page 2
low/moderate income persons, to obtain funding through the Public Facility and Improvements portion of the CDBG funding. One main challenge is the fact that there are no longer Census blocks within the City that qualify as 51% low and moderate income persons. This finding prohibits creating any programs that would qualify as having an area wide benefit within the community such as park improvements, street or alley improvements, and public facility improvements without income qualifying every single beneficiary of a planned improvement.
However, there are low income presumptions within the regulations for seniors and persons with disabilities. As such, Public Facilities and Improvements benefitting such presumed individuals are an eligible activity. Accordingly, one of the most effective uses of CDBG funding is to improve access to persons with disabilities in the form of curb ramps and sidewalk improvements, as proposed.
The following are proposed for City Council consideration:
PUBLIC SERVICE PROGRAM – SENIOR HOT LUNCH PROGRAM
This year, staff recommends that the Senior Hot Lunch Program, which has been funded for the past several years, be continued and funded a total of $22,677. Staff cannot recommend funding or the creation of any additional new public service programs due to the limited funds available. Based on the current year allocation, the maximum amount that can be used for public service programs is $22,677.
SIDEWALK IMPROVEMENTS
In previous years, the City Council typically allocated CDBG funding for the sidewalk repair program that would provide for removal of architectural barriers on damaged sidewalks for various locations throughout the City. Staff is asking that the City Council again approve the allocation of $167,929 towards this program.
The Public Hearing is an opportunity for members of the public to provide their input in to the allocation of the federal CDBG funds. This Public Hearing has been publicly noticed per federal regulations.
FISCAL ANALYSIS
The City of La Verne will be eligible to receive an estimated $151,182 in Community Development Block Grant (CDBG) funds for fiscal year 2025-26. No appropriations are needed at this time, as they will be addressed during the regular budget process.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
1. CDBG Reso CC 2025-26
1RESOLUTION NO.
2 3A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY 4OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING PARTICIPATION IN 5THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SELECTING 6CERTAIN PROJECTS FOR FUNDING IN THE FISCAL YEAR 2025 – 2026 7 8WHEREAS, the City of La Verne participates in the Community Development 9Block Grant program through the Los Angeles County Urban County Program; and 10 11WHEREAS, the County has indicated that the City of La Verne will be 12allocated approximately $151,182 in funds for projects which primarily benefit low 13and moderate income persons; and
14 15WHEREAS, a public hearing notice was posted on December 24, 2024 for a 16public hearing to be held on January 21, 2025 for the purpose of receiving public input 17on projects for funding;
18 19WHEREAS, a duly notice public hearing was held on January 21, 2025; 20 21NOW THEREFORE, the City Council of the City of La Verne DETERMINES 22AND DIRECTS as follows:
23 24
25Section 1. Staff is instructed to submit the CDBG Program Planning Summary for 26approval to the Los Angeles County Community Development Commission with 27funding for the following programs in the specified amounts for fiscal year 2025-2026, 28as recommended in the staff report dated January 21, 2025:
29 30
2025-2026 CDBG Allocation $151,182
Senior Hot Lunch Program $22,677
Sidewalk Repairs $167,929 (Includes $39,424: 2024-25 Roll-Over) 31 32
33Section 2. Staff is authorized to adjust the program budget as necessary to 34take into account the final CDBG allocation from the U.S. Department of Housing and 35Urban Development and any amounts remaining unspent at the close of the fiscal 36year.
37 38Section 3. The City Manager shall be authorized to submit the application and 39to sign all necessary forms and agreements for implementing the programs. 40 41
42Section 4. This Resolution shall become effective immediately. 43
Reso. No. 2
1Section 5. That the Mayor shall sign and the City Clerk shall attest to the 2passage and adoption of this Resolution.
3 4PASSED, APPROVED AND ADOPTED this 21 st day of January, 2025 by the 5following vote:
6 7AYES:
8NOES:
9ABSENT:
10ABSTAIN:
11 12
13 14Tim Hepburn
15Mayor of the City of La Verne
16 17ATTEST:
18 19
20 21Debra Fritz, Deputy City Clerk
City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Candice Bowcock, Principal Planner
SUBJECT: CONSIDERATION OF CERTIFYING A FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING ENVIRONMENTAL FINDINGS, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING THE CITY OF LA VERNE GENERAL PLAN UPDATE POLICY DOCUMENT.
SUMMARY
The General Plan Update identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the City’s residents and businesses. The General Plan Update replaces the City’s 1998 General Plan and substantially updates local conditions, community priorities and goals, State law, and has been reorganized to make the document more user-friendly and straight forward. This action considers approving the General Plan Policy Document after certifying the Final Environmental Impact Report and making environmental findings and a Statement of Overriding Considerations as recommended by staff and the Planning Commission.
RECOMMENDATION
It is recommended by the Planning Commission that the City Council adopt Resolutions certifying the final Environmental Impact Report, Findings of Fact, and the Statement of Overriding Considerations, and approve the General Plan Update.
DISCUSSION
The City of La Verne’s General Plan is a comprehensive document and provides a framework that will guide decisions on growth, development, and conservation of open space and resources. The General Plan Update supersedes and replaces the City’s 1998 General Plan.
While the General Plan Update carries forward some of the major goals and policy framework of the 1998 General Plan, it has been substantially updated to address local conditions, community priorities and goals, State law, and has been reorganized to make the document more user-friendly and straight forward.
This public hearing follows multiple years of General Plan public outreach including (but not limited to) pop-up events, online surveys, communitywide workshops, stakeholder interviews, General Plan Advisory Committee meetings, Planning Commission and City Council presentations, a joint Planning Commission and City Council Study Session, and circulation of the Draft Policy Document and Environmental Impact Report for public comment.
The discussion below provides an overview of the project timeline (including a summary of the City’s Housing Element Update process), public outreach program, background documents
Consideration of Certifying a Final Environmental Impact Report, Adopting Environmental Findings, Adopting a Statement of Overriding Considerations, and approving the City of La Verne General Plan Update Policy Document.
, Page 2
prepared for the project, summary of the Proposed General Plan Policy Document, and opportunities for public comment.
General Plan Overview
In California, all cities and counties are required to adopt a general plan. The general plan is a comprehensive policy document that shapes the long-term physical development of a jurisdiction’s planning area. The general plan must include at least seven state-mandated elements including land use, circulation, housing, conservation, open space, noise, and safety elements, as specified in Government Code section 65302, to the extent that the issues identified by State law exist in the City’s planning area. The degree of specificity and level of detail of the discussion of each general plan element need only reflect local conditions and circumstances. The General Plan may also contain optional elements. The La Verne General Plan Update has been prepared consistent with the requirements of State law and addresses the relevant items addressed in Government Code section 65300, et seq. In addition to the mandatory elements, the General Plan Update also includes the following optional elements:
Economic Development, Community Services and Facilities, Fiscal Sustainability, and Community Health and Wellness.
The La Verne General Plan was last adopted in 1998. Since then, substantial changes to the planning context of the City have occurred, including accelerated growth in the region and shifts in the community’s demographics, as well as new ways of thinking about sustainability, public health, and placemaking. In light of these changes, the City undertook this comprehensive update of the General Plan as an opportunity to reassess and refine its long-term vision and identify the new challenges it will face, opportunities it will follow, and approaches it will use to make that vision a reality. The General Plan is more than just the legal basis for all local land use decisions; it is the vision for how the City will evolve, reflecting the community’s objectives.
The General Plan acts as a “constitution” for development and is the jurisdiction’s primary legal document governing growth, development, and resource management issues. The General Plan Elements are required to be internally consistent and development regulations (e.g., zoning and subdivision standards) are required by law to be consistent with the General Plan.
The General Plan expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private. The California Supreme Court has described general plans as the “charter to which [zoning] ordinance[s] must conform,” but the general plan extends far beyond zoning and land use. The General Plan is more than the legal underpinning for land use decisions; it is a vision about how a community will grow, reflecting community priorities and values while shaping the future.
Housing Element Update
In late 2019, the City received direction from the Southern California Association of Governments (SCAG) regarding the City’s 2021-2029 Regional Housing Needs Allocation (RHNA), which required the City to temporarily redirect City Staff and the Consultant Team to focus on preparing an update to the City’s Housing Element and receiving certification of the Housing Element from the California Department of Housing and Community Development (HCD) as expeditiously as possible. As required by State Housing Law, the City is obligated to
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update its Housing Element on a set eight-year schedule; failure to complete an update to the Housing Element in a timely manner could have put the City at-risk of financial penalties and loss of local land use control. Therefore, from 2020 through 2022, the City prioritized preparation of its Housing Element in accordance with State Housing Law. The City Council adopted its 2021-2029 Housing Element on November 21, 2022, and HCD certified the Housing Element on December 21, 2022.
Public Outreach Program
Input from the La Verne community has been collected through a multipronged public outreach effort spanning the entire planning process (from mid-2017 through today). Below is a summary of the public outreach activities completed as part of the General Plan Update project:
• Updates and notifications on the City of La Verne website from project kickoff through today
• Dedicated project website (Laverne.generalplan.org) live from August 2017 through today
• Regular digital engagement (NextDoor, Instagram, direct emails) before and after community input opportunities
• Three Communitywide Visioning Workshops focusing on the topics of Vision and Values, Mobility, and Land Use (Attachment 4)
• Pop-up events early in the project to advertise the project (concerts in the park) • Online Vision and Values Survey
• Online Housing Element Survey
• Community briefings
• Regular updates as part of the City Manager’s Newsletter • Scoping Meeting for the Environmental Impact Report (April 2023) • Community Open House on the Draft General Plan Policy Document and EIR (September 2024)
• Regular City Council briefings on various topics including Project Kickoff, General Plan Advisory Committee Composition, Draft Vision Statement, Draft Land Use Map, Initial Draft and Revised Drafts of the Housing Element
• Joint Planning Commission/City Council Study Session (September 2024) • Public Hearings on the Housing Element with the Planning Commission and City Council, including direct notifications to interested parties, persons who commented on the draft documents, and other local and regional stakeholders
In addition to the public outreach activities identified above, preparation of the General Plan Vision Statement, Proposed Land Use Map, and Proposed Policy Document was heavily influenced by input from the General Plan Advisory Committee (GPAC). The GPAC held eleven meetings between May 2018 and July 2019. Appointed by the City Council, the GPAC was composed of two City Councilmembers, one Planning Commissioner, and representatives from the mobile home community, senior advisory committee, youth committee, business community, open space interests, the University of La Verne, social/community engagement
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interests, youth and family action committee, the development community, active transportation interests, the Downtown Business Improvement District and the Historical Society. GPAC meetings were open to the public with official times designated for public comments. The GPAC provided detailed input on the following topics:
1. Vision and Values
2. Noise and Public Safety
3. Economic Development
4. Land Use Planning
5. Conservation and Open Space
6. Mobility
7. Community Design
8. Proposed Land Use Map
9. Presentation/Discussion of Policy Set Batch 1 (Resource Management, Community Services and Facilities, Public Safety, Community Health and Wellness, Community Design)
10. Discussion of Policy Set Batch 1 and Presentation/Discussion of Policy Set Batch 2 (Land Use, Mobility, Economic Development, Fiscal Sustainability)
11. Discussion of Policy Set Batch 2
The GPAC provided specific direction regarding all draft General Plan Element Policy Sets and the group’s comments and direction are reflected in the Public Review Draft General Plan presented for the Planning Commissions consideration. At its final meeting, City Staff received consensus from the GPAC on its support of the Policy Document.
Background Documents
Existing Conditions Report and Community Profile
The Existing Conditions Report (Attachment 5) establishes a baseline of existing conditions in the City. Specifically, the Report identifies development patterns, natural resources, socioeconomic conditions, and environmental constraints, and identifies the regulatory environment for each topic. The Report served as a resource for the City Council, the Planning Commission, the GPAC, members of the public, City staff, and the consultant team through the General Plan Update process, which facilitates all parties' informed participation in the process, ensuring that the updated General Plan addresses La Verne’s unique circumstances and local issues. The Existing Conditions Report is principally a technical document that comprises a substantial amount of data. To make this information more accessible to members of the public, the City prepared an abbreviated version, referred to as the “Community Profile” (Attachment 6), which focuses on the key issues and challenges facing the City over the next 20 years.
Vision Statement
The Community Vision Statement (Attachment 7) was written based on the feedback collected through the Public Engagement and Visioning program, including Visioning Workshops, online survey, and pop-up events, as well as input provided by the GPAC. The City Council reviewed
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and accepted the Community Vision at its March 4, 2019 meeting. The Vision Statement reflects the following priorities:
• Thriving place to live, work, learn, and enjoy life
• Small-town charm
• Vibrant Old Town La Verne
• Pride in our youth
• Family-friendly
• Safe, quiet, and clean neighborhoods
• High-quality community services
• Safe and efficient mobility options
• Strong economic development
• Creative problem-solving
Proposed General Plan Policy Document
The Proposed General Plan Policy Document (Attachment 8) includes the Goals, Policies, and Actions, organized by topic area, to support achieving the City’s Vision Statement. These goals, policies, and actions are specific to La Verne and reflect public feedback, compliance with State requirements, and a consideration of existing conditions. • A Goal is a description of the general desired condition that the community seeks to create.
• A Policy is a specific statement that guides decision-making as the City works to achieve the various goals. Once adopted, policies represent statements of City regulations. • An Action is an action, procedure, implementation technique, or specific program to be undertaken by the City to help achieve a specified goal or implement an adopted policy.
The General Plan is organized into the following Elements (or “Chapters”):
• Land Use
• Economic Development
• Mobility
• Resource Management (including Conservation and Open Space) • Public Safety (including Noise)
• Community Services and Facilities
• Community Design
• Fiscal Sustainability
• Community Health and Wellness
• Housing (adopted separately and provided under separate cover)
The General Plan Policy Document also includes an Introduction section which describes the
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role of the General Plan in decision making, how the General Plan can be amended, and common terms used throughout the document including definitions for the goals, policies, and actions contained therein.
The Land Use Element includes the Land Use Map, which defines where different types of land uses are expected to be developed over time. The Land Use Map was prepared in response to input from the community, including the GPAC, which reviewed and provided comments on the map at one of its regularly scheduled meetings. As part of the General Plan Update, only minor revisions to the Land Use Map are proposed versus the Current Land Use Map. The Updated Land Use Map is based on the following principles:
• Preserve and protecting existing residential neighborhoods and open space areas • Focus growth in activity centers and along corridors
• Create two new Specific Plan land use categories
• Introduce new residential designations to prepare for next Housing Element Update • Reflect other minor administrative edits to ensure accuracy of Plan
The Zoning Ordinance Update
The Environmental Impact Report includes the Zoning Ordinance Update. However, the Zoning Ordinance is not being considered concurrent with the General Plan as there is no rezoning required for implementation of the General Plan. The zoning text amendments will be brought forward back to the Planning Commission and City Council at a future date.
Zoning Ordinance Update overall makes minor revisions to ensure consistency with the revised General Plan, including the Housing Element adopted by City Council in November 2022.
Revisions include:
• Create a new zoning district and development standards to implement the proposed Very High Density Residential land use designation;
• Create new objective design and development standards for multifamily and mixed-use development;
• Update permitted uses by zone consistent with State law; • Update multifamily apartment and multifamily planned residential development standards;
• Update Development Review Findings consistent with State law; and, • Update Definitions consistent with State law.
FISCAL ANALYSIS
There is no direct fiscal impact associated with the recommended actions.
ENVIRONMENTAL ANALYSIS
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As part of the General Plan Update project, the City prepared a Program Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA). According to the State CEQA Guidelines (14 California Code of Regulations section 15064[f]), preparation of an EIR is required whenever a project may result in a significant environmental impact.
An EIR is an informational document used to inform public agency decision makers and the general public of the significant environmental effects of a project, identify possible ways to mitigate or avoid the significant effects, and describe a range of reasonable alternatives to the project that could feasibly attain most of the basic objectives of the project while substantially lessening or avoiding any of the significant environmental impacts. Public agencies are required to consider the information presented in the EIR when determining whether to approve a project.
CEQA requires that state and local government agencies consider the environmental effects of projects over which they have discretionary authority before taking action on those projects (Pub. Res. Code section 21000, et seq.). An Environmental Impact Report (EIR) is intended to provide decision-makers and the public with information concerning the potential environmental impacts of a proposed project, possible ways to reduce or avoid the possible significant environmental impacts and identify alternatives to the project. An EIR must also disclose significant impacts that cannot be avoided; growth inducing impacts; effects found not to be significant; as well as significant cumulative impacts of all past, present, and reasonably anticipated future projects.
CEQA requires that each public agency avoid or mitigate to less‐than‐significant levels, wherever feasible, the significant environmental effects of projects it approves or implements. If a project would result in significant and unavoidable environmental impacts that cannot be feasibly mitigated to less‐than‐significant levels, the project can still be approved, but the lead agency’s decision makers must prepare findings and issue a “statement of overriding considerations” explaining in writing the specific economic, social, or other considerations that they believe, based on substantial evidence, make those significant effects acceptable (Pub.
Res. Code section 21002; Cal. Code Reg. section 15093).
The City of La Verne is the Lead Agency under CEQA and is responsible for preparing the EIR for the General Plan and Zoning Ordinance Update (State Clearinghouse No. 2023040002).
The City determined that a Program EIR should be prepared pursuant to the California Environmental Quality Act Guidelines (CEQA Guidelines). A Program EIR is designed to be used with later activities to determine if subsequent environmental documentation is required.
Additionally, a Program EIR can simplify later environmental review as set forth more fully below.
The environmental issues identified by the City for assessment in the EIR are:
• Aesthetics
• Agricultural Resources
• Air Quality
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• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
In accordance with the CEQA Guidelines, the EIR focuses on the Project’s significant effects on the environment. The CEQA Guidelines define a significant effect as a substantial adverse change in the physical conditions which exist in the area affected by the proposed project. A less than significant effect is one in which there is no long or short-term significant adverse change in environmental conditions. Some impacts are reduced to a less than significant level with the implementation of General Plan Update policies and actions, and/or compliance with regulations.
Section 5.0, Environmental Analysis, of the EIR provides a description of potential environmental impacts of the General Plan Update and these impacts are also summarized in Exhibit A to the draft City Council resolution (Attachment 2) certifying the EIR. After implementation of the General Plan Update goals, policies, and actions most of the potentially significant impacts associated with the proposed General Plan Update would be reduced to a less than significant level. However, the impacts listed below could not be feasibly mitigated and would result in a significant and unavoidable impact with implementation of the General Plan Update.
Air Quality
• General Plan implementation would result in a cumulatively considerable net increase of criteria pollutants for which the project region is in non-attainment under an applicable federal or State ambient air quality standard during construction and operational activities.
• General Plan implementation would expose sensitive receptors to substantial pollutant concentrations during construction and operational activities.
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• General Plan implementation would result in a cumulatively considerable contribution to significant cumulative air quality impacts with the potential to expose sensitive receptors to substantial pollutant concentrations.
Greenhouse Gas Emissions
• Project implementation would generate greenhouse gas emissions that would not satisfy the Greenhouse Gas reduction targets established by federal and State law and may have a significant effect on the environment.
• Project implementation would contribute to global climate change through a cumulatively considerable contribution of greenhouse gases. The Project would result in a cumulatively considerable and significant adverse GHG emissions impact.
Transportation
• Project implementation would result in a significant cumulative VMT impact.
The Program EIR has been prepared in conformance with CEQA (California Public Resources Code section 21000, et seq.), CEQA Guidelines (California Code of Regulations, Title 14, section 15000, et seq.), and the rules, regulations, and procedures for implementation of CEQA, as adopted by the City of La Verne. The principal CEQA Guidelines sections governing content of the EIR are sections 15120 through 15132 (Contents of Environmental Impact Reports), and section 15168 (Program EIR). The required sections are also summarized in Exhibit A to the City Council resolution certifying the EIR (Attachment 2). Because all of the impacts cannot be reduced below a level of significance, the city is required to adopt a statement of overriding considerations, which is essentially a weighing process of explaining why the benefits outweigh the significant impacts. This is included in Section IX of Exhibit A to the City Council EIR Resolution (Attachment 2).
It should be noted that the EIR is not just for the General Plan Update, but also for the zoning ordinances that will be required as set forth below. Those ordinances will go through the public hearing process in the near future.
Environmental Review Process
Notice of Preparation and Scoping Meeting
The City of La Verne circulated a Notice of Preparation (NOP) of an EIR for the Project on March 30, 2023, to trustee and responsible agencies, the State Clearinghouse, and the public.
A scoping meeting was held on April 19, 2023. No public or agency comments on the NOP related to the EIR analysis were presented or submitted during the scoping meeting. However, during the 30-day public review period for the NOP, which ended on April 28, 2023, six written
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comment letters were received on the NOP.
Notice of Availability and Draft EIR
The City of La Verne published a public Notice of Availability (NOA) for the Draft EIR on August 8, 2024, inviting comments from the general public, agencies, organizations, and other interested parties. The NOA was filed with the State Clearinghouse (SCH# 2023040002) and was published in the Inland Valley Daily Bulletin pursuant to the public noticing requirements of CEQA. The Draft EIR was available for public review from August 8, 2024, through September 23, 2024. Copies of the General Plan Update, DEIR and DEIR Appendices were available for public review at City Hall and the La Verne Library. Electronic copies were made available on the project website. The Planning Commission and City Council were notified on August 8, 2024, that the Draft General Plan Policy Document and DEIR were available for immediate review.
The Draft EIR contains a description of the Project, description of the environmental setting, identification of the Project’s direct and indirect impacts on the environment and General Plan policies and actions to reduce impacts to the extent feasible, as well as an analysis of Project alternatives, identification of significant irreversible environmental changes, growth-inducing impacts, and cumulative impacts. The Draft EIR identifies issues determined to have no impact or a less than significant impact and provides detailed analysis of potentially significant and significant impacts. Comments received in response to the NOP were considered in preparing the analysis in the Draft EIR.
Response to Comments/Final EIR
The City of La Verne received 21 comment letters regarding the Draft General Plan and Draft EIR from public agencies, organizations, and members of the public during the 45-day review period.
In accordance with CEQA Guidelines section 15088, the Final EIR (Attachment 9) responds to the written comments received on the Draft EIR. This document and the Draft EIR, as amended herein, constitute the Final EIR. Most of the comments received related to general policy issues relating to the General Plan Update and not to the adequacy of the EIR. These comments were addressed above. The City received a late communication from the Sanitation District on October 2, 2024. The District provided minor clarification comments which will be incorporated into the final documents prior to adoption.
LEGAL REVIEW
Lisa Kranitz, the City’s Legal Counsel, has reviewed this report and actively participated in the process.
ATTACHMENTS
1. City Council CEQA Resolution
2. Exhibit A - CEQA Findings of Fact
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3. City Council Resolution General Plan
4. Visioning and Values Workshop Summary
5. Existing Conditions Report
6. Community Profile
7. Vision Statement
8. Proposed General Plan Policy Document
9. Final General Plan EIR
10. DRAFT General Plan EIR
11. Planning Commission Resolution 1329
Coordinated with:
Lisa Kranitz, City Attorney
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2023040002), ADOPTING ENVIRONMENTAL
FINDINGS, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE CITY OF LA
VERNE GENERAL PLAN AND ZONING ORDINANCE UPDATE
WHEREAS, the City of La Verne (the “City”) proposes the La Verne General Plan Update (the “Project” or the “General Plan Update”), the first comprehensive update to the City’s existing General Plan since 1998 and will also adopt a zoning ordinance to create a new zoning district and development standards to implement in the future, the proposed Very High Density Residential land use designation, create new objective design and development standards for multifamily and mixed-use development, update permitted uses by zone consistent with State law, update multifamily apartment and multifamily planned residential development standards, update Development Review Findings consistent with State law, and update Definitions consistent with State law; and
WHEREAS, the General Plan Update sets the framework for the City’s continued growth and progress for the next twenty years and 2045 is assumed to the buildout year of the General Plan; and
WHEREAS, the City Council will be presented with the zoning ordinance in the near future described above; and
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of La Verne is the lead agency for the proposed Project; and
WHEREAS, in accordance with CEQA and the State CEQA Guidelines, the City determined that a Programmatic Environmental Impact Report (“EIR”) should be prepared in order to analyze all potential adverse environmental impacts that could potentially result from the adoption and implementation of the proposed General Plan and Zoning Ordinance Update; and
WHEREAS, in accordance with SB 18 and AB 52, the City sent notices to the list of Native American tribes provided by the Native American Heritage Commission.
WHEREAS, in accordance with State CEQA Guidelines section 15082, on March 30, 2023, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an EIR (State Clearinghouse Number #2023040002) would be prepared; and
WHEREAS, six comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on April 19, 2023, to solicit comments on the scope of the environmental review of the proposed Project and no comments were received; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was prepared; and
WHEREAS, the Draft EIR concluded that the proposed Project would result in significant and unavoidable impacts relating to Air Quality, Greenhouse Gas Emissions, and Transportation; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on August 8, 2024; and
WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on August 8, 2024; and WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall, the La Verne Library, on the project website, and on the City’s website; and
WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from August 8, 2024 to September 23, 2024; and
WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086, and the City received 21 comment letters on the Draft EIR; and
WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies on the Draft EIR at least ten (10) days prior to the City’s Council’s consideration of the Final EIR on January 21, 2025; and WHEREAS, on October 3, 2024, the City released the Final EIR (“Final EIR”), which consists of the Draft EIR; all technical appendices prepared in support of the Draft EIR; all written comment letters received on the Draft EIR; written responses to all written comment letters received on the Draft EIR; and errata to the Draft EIR; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts and the EIR analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and
WHEREAS, the City finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section II of Exhibit A; and
WHEREAS, the City finds that there are no environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section III of Exhibit A; and
WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the EIR that are significant and unavoidable are described in Section IV of Exhibit A; and WHEREAS, the cumulative impacts of the Project identified in the EIR and set forth herein, are described in Section V of Exhibit A; and
WHEREAS, the potential significant environmental and irreversible environmental changes that would result from the proposed Project identified in the EIR and set forth herein, are described in Section VI of Exhibit A; and
WHEREAS, the existence of any growth-inducing impacts resulting from the proposed Project identified in the EIR and set forth herein, are described in Section VII of Exhibit A; and WHEREAS, alternatives to the proposed Project that might further reduce the already less than significant environmental impacts are described in Section VIII of Exhibit A; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the Project outweigh the unavoidable significant environmental effects is described in Section IX of Exhibit A; and
WHEREAS, all summaries of information in Exhibit A are based on the entire record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based on that fact; and
WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5. The changes that were set forth in the Errata merely clarifies, amplifies or makes insignificant changes in the EIR; and
WHEREAS, on October 9, 2024, the Planning Commission conducted a duly noticed public hearing to consider the EIR for the Project and solicited comments on the document; and WHEREAS, at the close of the public hearing the Planning Commission adopted Resolution No. 1329 recommending that the City Council certify the Final EIR, make the findings required by CEQA, and adopt a statement of overriding considerations;
WHEREAS, on January 21, 2025, the City conducted a duly noticed public hearing on the General Plan Update at which time it considered the Final EIR, and considered all public testimony, both oral and written from persons wishing to testify; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE:
SECTION 1. The above recitals are true and correct and incorporated herein by reference as substantive findings of this Resolution.
SECTION 2. The City Council hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement of the Project’s impacts that has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation of the EIR. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.
SECTION 3. The City Council hereby adopts the “CEQA Findings of Fact”, which were prepared in accordance with State CEQA Guidelines sections 15091, and which are attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 4. Based upon the entire record before it, including the EIR, Findings of Fact, Statement of Overriding Considerations, and all written and oral evidence presented, the City Council may approve the proposed Project.
SECTION 5. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 3660 D St, La Verne, CA 91750.
The custodian for these records is the City Clerk. This information is provided pursuant to Public Resources Code section 21081.6.
SECTION 6. City staff shall cause a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of the adoption of the Resolution approving the General Plan Update.
SECTION 7. The Mayor shall sign and the Deputy City Clerk shall attest to the passage of this ordinance.
SECTION 8. This Resolution shall be effective immediately.
PASSED, APPROVED AND ADOPTED this this 21st day of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor Tim Hepburn, City of La Verne
ATTEST:
_______________________________
Debora Fritz, Deputy City Clerk
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EXHIBIT A
CEQA FINDINGS OF FACT
The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) requires that public agencies shall not approve or carry out a project for which an environmental impact report ( “EIR”) has been certified that identifies one or more significant adverse environmental effects of a project unless the public agency makes one or more written Findings for each of those significant effects, accompanied by a brief explanation of the rationale for each Fin ding (State CEQA Guidelines [Cal. Code Regs., tit. 14, § 15000 et seq.], § 15091).
This document presents the CEQA Findings of Fact made by the City of La Verne, in its capacity as the CEQA lead agency, regarding the La Verne General Plan (“General Plan ”) and Zoning Ordinance Update, evaluated in the Draft Environmental Impact Report (“Draft EIR”) and Final Environmental Impact Report (“Final EIR”) for the Project as well as sets forth other findings that must be made as part of the project approval.
SECTION I
INTRODUCTION
Public Resources Code section 21002 states that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Section 21002 further states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which wi ll avoid or substantially lessen such significant effects.”
Pursuant to section 21081 of the Public Resources Code, a public agency may only approve or carry out a project for which an EIR has been completed that identifies any significant environmental effects if the agency makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding:
1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
As indicated above, section 21002 requires an agency to “avoid or substantially lessen” significant adverse environmental impacts. Thus, mitigation measures that “substantially lessen” significant environmental impacts, even if not completely avoided, satisfy section 21002’s mandate. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 [“CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the ap propriate public agency has reduced environmental
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damage from a project to an acceptable level”]; Las Virgenes Homeowners Fed., Inc. v. County of Los Angeles (1986) 177 Cal. App. 3d 300, 309 [“[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the project unfeasible”].)
While CEQA requires that lead agencies adopt feasible mitigation measures or alternatives to substantially lessen or avoid significant environmental impacts, an agency need not adopt infeasible mitigation measures or alternatives. (Pub. Resources Code, § 21002.1(c) [if “economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency”]; see also State CEQA Guidelines, § 15126.6(a) [an “EIR is not required to consider alternatives which are infeasible”].) CEQA defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” (Pub. Resources Code, § 21061.1.) The State CEQA Guidelines add “legal” considerations as another indicia of feasibility. (State CEQA Guidelines, § 15364.) Project objectives also inform the determinat ion of “feasibility.” (Jones v. U.C. Regents (2010) 183 Cal. App. 4th 818, 828 -829.) “‘[F]easibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) “Broader considerations of policy thus come into play when the de cision making body is considering actual feasibility[.]” (Cal. Native Plant Soc’y v.
City of Santa Cruz (2009) 177 Cal.App.4th 957, 1000 (“ Native Plant”); see also Pub. Res ources Code, § 21081(a)(3) [“economic, legal, social, technological, or other considerations” may justify rejecting mitigation and alternatives as infeasible] (emphasis added).) Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347.)
The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are re sponsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576.) In addition, perfection in a projec t or a project’s environmental alternatives is not required; rather, the requirement is that sufficient information be produced “to permit a reasonable choice of alternatives so far as environmental aspects are concerned.” Outside agencies (including courts) are not to “impose unreasonable extremes or to interject [themselves] within the area of discretion as to the choice of the action to be taken.” (Residents Ad Hoc Stadium Com. v. Board of Trustees (1979) 89 Cal.App.3d 274, 287.)
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SECTION II
FINDINGS REGARDING ENVIRONMENTAL
IMPACTS NOT REQUIRING MITIGATION
The City Council hereby finds that the following potential environmental impacts of the General Plan Update are less than significant based on the goals, policies and actions that are part of the General Plan Update and therefore do not require the imposition of Mitigation Measures.
A. AESTHETICS
1. Scenic Vistas
Threshold: Would the project have a substantial adverse effect on a scenic vista? Finding: Less than significant. (Draft EIR, Impact AES-1, pages 5.1-9 through 5.1- 13)
Explanation: The Planning Area is located along the foothills of the San Gabriel Mountains within the Angeles National Forest. Scenic views within the Planning Area include the San Gabriel Mountains, foothills, and canyons located in the northern portion of the City, which are intermittently visible within the Planning Area due to intervening development within the Project Area and surrounding area.
While most new development proposed under the General Plan Update would occur in areas that have been previously developed, subsequent development under the General Plan Update could result in new development and intensification of existing urban uses within the Planning Area that may detract from the existing scenic vistas. The General Plan Update has been developed to preserve expansive areas of open space and to ensure that new development is located in and around existing urbanized areas, thus ensuring that new development is primarily an extension of the existing urban landscape, and minimizes interruption of views of nearby visual features. As described in Section 3.0, Project Description, and shown in Figure 3 -3, Existing General Plan Land Use Map , and Figure 3 -4, General Plan Update Land Use Map , although the General Plan Update Land Use Map redesignates a portion of currently -designated Open Space to Specific Plan Residential, these areas are implemented with Specific Plans which only allow for residential development, associated community facilities, and open space; the General Plan Update Land Use Map would not convert any open space lands to urban uses. Further, the La Verne Zoning Ordinance would regulate maximum building height, building setbacks, building type and intensity, and other development characteristics in place in each zoning district to protect scenic vistas within the Planning Area.
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As described above, La Verne Municipal Code Chapter 18.16, Development Review, provides for project-specific design review of future development proposals within City limits, which would ensure that development pursuant to the General Plan Update is attractive and cohesive without diminishing the quality of the natural beauty of the general vicinity. Development review would be required for development projects that propose a new use or intensification of use to a building or property within the City. Crite ria to be considered include orientation and location of buildings and open space, minimization of environmental impacts, scale, character, and quality of the design, appropriate use of design elements and principles; harmony with surrounding development, screening of exterior structural projections, lighting design, screening of buildings and structures, and minimization and concealment of grading and mechanical features, amongst other criteria.
Additionally, Municipal Code Chapter 18.68, H-D-O-Z Hillside Development Overlay Zone , provides supplemental standards for the development of hillside areas in the City concerning siting, circulation, grading and drainage, architecture, walls, fences, natural land forms, views, native vegetation, wildlife and landscaping. More specifically , Section
18.68.070, Siting Guidelines, and Section 18.68.080, Grading Guidelines, regulates development of hillside areas by relating the number and distribution of dwelling units and other buildings to the topography to prevent disfigurement of the terrain through extensive cut and fill and to preserve and enhance vistas. Section 18.68.120, Architecture and Urban Design, sets hillside architecture and urban design guidelines to ensure hillside development is consistent with the overall natural environmental qualities of the site. Accordingly, projects which may impact views of ridgelines would be given particular attenti on. Future development within the City’s SOI that is under the County’s land use control would be subject to the C ounty’s entitlement requirements, regulations, and design review process.
Furthermore, the General Plan Update goals, policies, and actions are intended to ensure that future residential and non -residential development in the Planning Area is located in and around existing urbanized areas; is developed to be visually compatible with nearby open space resources; and that adverse effects on public views are minimized. Policy LU -1.9 encourages new development to occur in infill locations. Policy LU -4.1 maintains low density/intensity land use designations in hillside areas.
Policy L U-4.2 encourages natural grading techniques that blend with existing topography and preserve the physical shape of the hillside and views where feasible. Policy LU -4.4 requires, to the extent feasible, the implementation of strategic site and building desi gn techniques to shield new hillside development from view from the valley floor below. Policy LU-4.7 preserves off -site views by prohibiting hillside grading and development practices which damage the integrity of hillside areas. Policy LU-4.9 directs the City to deny development above the 1,780-foot elevation
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line unless it can be concealed from offsite view. Policy RM -2.4 discourages development on or immediately adjacent to existing scenic vistas in order to preserve community character. Policy CD -3.1 directs the City to identify, preserve, and improve the outstanding scenic vistas within the City, and ensure that the scal e, bulk, and setbacks of new development preserve important public scenic views and vistas. Policy CD -3.2 aims to recognize, preserve, and enhance the aesthetic value of the City's enhanced landscape corridors and scenic corridors. Policy CD -3.3 promotes thoughtful hillside development that respects the natural landscape by designing houses that fit into the natural contours of the slope. Action CD -
3.1 directs the City to identify, define, map , and protect the City’s scenic resources, scenic vistas, scenic corridors, viewsheds, and natural landmarks.
Therefore, implementation of the General Plan Update impacts related to having a substantial adverse effect on a scenic vista would be less than significant.
GENERAL PLAN UPDATE GOALS, POLICIES, AND ACTIONS:
LAND USE ELEMENT
Policy LU-1.2: Open Space Areas. Create, maintain, and expand recreational and open space lands to the extent feasible.
Policy LU-1.8: Development Standards Consistency. Encourage quality development and ensure projects are consistent with development standards.
Policy LU-1.9: Growth Pattern. Strongly encourage new development to occur in infill locations in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates convenient connections to other land uses and transportation facilities.
Action LU -2.6: Utilize a site development permit process and the California Environmental Quality Act in the review of proposed development projects to promote high quality in urban design and minimize environmental impacts.
Goal LU -4: Hillside Development. A community defined by safe and subtle hillside development.
Policy LU-4.1: Development Level. Maintain low density/intensity land use designations in hillside areas.
Policy LU-4.2: Natural Grading. Encourage natural grading techniques that blend with existing topography; grading should use rounded contours on slopes to minimize disturbance. Encourage the preservation of the physical shape of the hillside and views where feasible.
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Policy LU -4.4: Site Design Techniques. To the extent feasible, require the implementation of strategic site and building design techniques to shield new hillside development from view from the valley floor below.
Policy LU-4.7: Off-Site Views. Preserve off-site views by prohibiting hillside grading and development practices which damage the integrity of hillside areas.
Policy LU -4.8: Subdivision Ordinance and Hillside Ordinance. Enforce the City’s Subdivision Ordinance and Hillside Development Overlay Zone Ordinance, which establish standards for grading along ridgelines, saddles, knolls, canyons, and other significant topographic features.
Policy LU-4.9: Elevation Level. Deny development above the 1780’ elevation line unless it can be concealed from offsite view and it can be proven that adequate sewer and water service can be provided.
RESOURCE MANAGEMENT ELEMENT
Policy RM-2.2: Minimal Alterations to Existing Space. Encourage minimal alteration of the natural terrain in environmentally sensitive open space areas.
Policy RM-2.4: Scenic Vistas and Routes. Discourage development on or immediately adjacent to existing scenic vistas in order to preserve community character.
Policy RM-6.8: Mining in Open Space Areas. Limit the impacts of mining operations on the City’s natural open space biological and scenic resources, and any adjacent land uses.
COMMUNITY DESIGN ELEMENT
Goal CD-3: Scenic Vistas and Corridors. A community that recognizes the exceptional value of its scenic vistas and corridors as a key component of its regional identity.
Policy CD-3.1: Preservation of Scenic Views and Vistas. Identify, preserve, and improve the outstanding scenic vistas within the City; ensure that the scale, bulk, and setbacks of new development preserve important public scenic views and vistas.
Policy CD-3.2: Scenic Corridors. Recognize, preserve, and enhance the aesthetic value of the city's enhanced landscape corridors and scenic corridors.
Policy CD -3.3: Hillside Development. Promote thoughtful hillside development that respects the natural landscape by designing houses that fit into the natural contours of the slope and sensitive development that preserves and protects important cultural and biological resources.
Action CD -3.1: Identify, define, map, and protect the City’s scenic resources, scenic vistas, scenic corridors, viewsheds, and natural landmarks.
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2. Scenic Resources
Threshold: In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings and/or in an urbanized area, conflict with applicable zoning and other regulations governing scenic quality?
Finding: Less than significant. (Draft EIR, Impact AES-2, pages 5.1-13 through 5.1- 17)
Explanation: Public Resources Code Section 21071 defines an “Urbanized area” as: (a) An incorporated city that meets either of the following criteria: (1) Has a population of at least 100,000 persons. (2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
According to the California Department of Finance, the City of La Verne has a current (2023) population of 32,056. The adjacent incorporated City of Pomona has a current (2023) population of 149,721. Combined, these two contiguous cities have a population that is greater than 100,000 persons; thus, the City of La Verne qualifies as being within an “Urbanized Area.” Therefore, a significant impact would occur if a future development project associated with implementation of the General Plan Update conflicts with applicable zoning and other regulations governing scenic quality.
The General Plan Update incorporates consistent and compatible development intensities that would maintain and enhance the overall visual character/quality of the Planning Area. Specifically, the Land Use Element includes goals, policies, actions, and maps to control and direct the general distribution, location, and extent of land uses within the Planning Area.
Other regulations governing scenic quality applicable to the City include the Zoning Ordinance and development standards and design guidelines within the City’s various Specific Plans. Goals, policies, and actions in the proposed General Plan Update are intended to complement and further the intent of these provisions regulating scenic quality and resources. Any future development project occurring u nder the proposed General Plan Update would be subject to compliance with applicable regulations set forth in the Municipal Code and Specific Plan applicable to the project and be guided by relevant General Plan Update policies. The proposed General Plan Update would therefore not substantially degrade the existing visual character or quality of public views of the Planning Area and its surroundings. Scenic quality -related impacts associated with implementation of the General Plan Update would thus be less than significant. In order to further ensure that future development allowed under the General Plan Update would not degrade the existing visual character of the environment, the City has included the following policies and actions.
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GENERAL PLAN UPDATE GOALS, POLICIES, AND ACTIONS:
LAND USE ELEMENT
Policy LU-1.2: Open Space Areas. Create, maintain, and expand recreational and open space lands to the extent feasible.
Policy LU-1.8: Development Standards Consistency. Encourage quality development and ensure projects are consistent with development standards.
Policy LU-1.9: Growth Pattern. Strongly encourage new development to occur in infill locations in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates convenient connections to other land uses and transportation facilities.
Action LU -1.1: Update the City’s Zoning Map to be consistent with the land use designations shown on Figure LU-1, Land Use Map.
Action LU-1.2: Review the standards provided in the Zoning Ordinance (Title 18 of the La Verne Municipal Code) and amend as necessary for consistency with General Plan, goals, policies, allowed uses, and future growth projections.
Action LU-1.3: Review the standards provided in the City’s adopted Specific Plans and amend as necessary for consistency with General Plan goals, policies, allowed uses, and future growth projections; require new Specific Plans to be consistent with the goals, policies, uses, and growth projections identified in the General Plan.
Action LU -2.6: Utilize a site development permit process and the California Environmental Quality Act in the review of proposed development projects to promote high quality in urban design and minimize environmental impacts.
Goal LU -4: Hillside Development. A community defined by safe and subtle hillside development.
Policy LU-4.1: Development Level. Maintain low density/intensity land use designations in hillside areas.
Policy LU-4.2: Natural Grading. Encourage natural grading techniques that blend with existing topography; grading should use rounded contours on slopes to minimize disturbance. Encourage the preservation of the physical shape of the hillside and views where feasible.
Policy LU -4.4: Site Design Techniques. To the extent feasible, require the implementation of strategic site and building design techniques to shield new hillside development from view from the valley floor below.
Policy LU-4.7: Off-Site Views. Preserve off-site views by prohibiting hillside grading and development practices which damage the integrity of hillside areas.
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Policy LU -4.8: Subdivision Ordinance and Hillside Ordinance. Enforce the City’s Subdivision Ordinance and Hillside Development Overlay Zone Ordinance, which establish standards for grading along ridgelines, saddles, knolls, canyons, and other significant topographic features.
Policy LU-4.9: Elevation Level. Deny development above the 1780’ elevation line unless it can be concealed from offsite view and it can be proven that adequate sewer and water service can be provided.
Policy LU-5.2: Citywide Development Standards and Guidelines. Provide, periodically update, and consistently enforce comprehensive citywide development standards and guidelines.
Policy LU-5.3: Zoning Standards. Adhere to our zoning standards and regulations for specific plan areas, master plan areas, and special overlay zones and districts.
Policy LU-5.4: Impact Evaluation. Evaluate each development proposal for impact upon the neighborhood, City and San Gabriel Valley region.
Policy LU -5.11: Specific Plans. Require that development projects comply with applicable regulations when they are located within a Specific Plan area.
RESOURCE MANAGEMENT ELEMENT
Policy RM-2.2: Minimal Alterations to Existing Space. Encourage minimal alteration of the natural terrain in environmentally sensitive open space areas.
Policy RM-2.4: Scenic Vistas and Routes. Discourage development on or immediately adjacent to existing scenic vistas in order to preserve community character.
Policy RM-6.8: Mining in Open Space Areas . Limit the impacts of mining operations on the City’s natural open space biological and scenic resources, and any adjacent land uses.
COMMUNITY DESIGN ELEMENT
Policy CD -2.11: Municipal Code Consistency. Require projects to adhere to adopted design standards included in the City of La Verne Municipal Code, including standards included in adopted Specific Plans, overlays, and other similar implementing plans and programs.
Action CD-2.1: Implement the City’s existing development standards, or where not in place, create new standards (either through an update to the Zoning Code or through the creation of Specific Plans or other regulating tools) to regulate new construction and revisions to existing buildings.
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Goal CD-3: Scenic Vistas and Corridors. A community that recognizes the exceptional value of its scenic vistas and corridors as a key component of its regional identity.
Policy CD-3.1: Preservation of Scenic Views and Vistas. Identify, preserve, and improve the outstanding scenic vistas within the City; ensure that the scale, bulk, and setbacks of new development preserve important public scenic views and vistas.
Policy CD-3.2: Scenic Corridors. Recognize, preserve, and enhance the aesthetic value of the city's enhanced landscape corridors and scenic corridors.
Policy CD -3.3: Hillside Development. Promote thoughtful hillside development that respects the natural landscape by designing houses that fit into the natural contours of the slope and sensitive development that preserves and protects important cultural and biological resources.
Action CD -3.1: Identify, define, map, and protect the City’s scenic resources, scenic vistas, scenic corridors, viewsheds, and natural landmarks.
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3. Visual Character
Threshold: Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Finding: Less than significant. (Draft EIR, Impact AES-3, pages 5.1-17 through 5.1- 18)
Explanation: Future development accommodated through implementation of the General Plan Update could introduce new sources of light or glare with the potential to adversely affect day or nighttime views. Light and glare impacts could result from new light sources such as street lighting, interior and exterior building lighting (including for safety purposes), vehicle headlights, illuminated signage, traffic signals, and new glare sources such as reflective building materials, roofing materials, and windows. These new sources of light and glare would be most visible from development along adjacent roadways, and to receptors such as residents and traveling motorists. Light pollution can also interfere with nocturnal wildlife, particularly night - hunting or fora ging animals, such as owls, rodents, and others, or lead to skyglow, which interferes with the operation of astronomical observatories.
All lighting installed in future development projects as a result of the implementation of the General Plan Update would be subject to conformance with applicable Zoning Ordinance requirements and guided by General Plan Update policies and actions intended to protect sensitive receptors. General Plan Update Land Use Element Action LU -5.1 ensures, as part of the City’s development review process, that commercial projects are designed to minimize conflicts with residential uses. Review of commercial projects should ensure that design concepts that would result in excessive glare or excessive impacts from light sources onto adjacent properties are minimized or avoided in projects that abut residential areas.
The Zoning Ordinance contains several standards applicable to light and glare. Chapter 18.16, Development Review, provides for project -specific design review of future development proposals within City limits, which would ensure that development pursuant t o the General Plan Update does not adversely affect day or nighttime views. Development review would be required for development projects that propose a new use or intensification of use to a building or property within the City. Criteria to be considered include orientation and location of buildings and open space, minimization of environmental impacts, lighting design, and screening of buildings and structures, amongst other criteria. Section 18.76.090, Parking Lot Lighting Standards, provides lighting requirements for parking areas. These include requirements that parking area light standards in and adjacent to residential zones have a maximum height of 20 feet as measured from the adjacent grade to the top of the light fixture; that heights in other zoning districts not exceed district height standards; and that illumination of parking lots
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provides not less than one -quarter foot -candle on the parking surface, except in industrial zones which may provide not less than three -quarters foot-candles overall average illumination. Section 16.34.010, Hillside Areas, provides that low-rise lighting fixtures be used wherever possible in hillside subdivisions and be deflected away from residential properties.
Pursuant to Municipal Code Section 2.48.165, Environmental Review, future development projects would be reviewed for compliance with CEQA on a pro ject-by-project basis prior to development of the subject site. If necessary, mitigation would be recommended to reduce potential impacts to a less than significant level. Therefore, implementation of the General Plan Update is not anticipated to result in adverse light and glare impacts.
Impacts would be less than significant in this regard.
GENERAL PLAN UPDATE GOALS, POLICIES, AND ACTIONS:
LAND USE ELEMENT
Policy LU-3.5: Sensitive Uses. Locate residences away from areas of excessive noise, smoke, or dust and ensure that adequate provisions, including buffers or transitional uses, are made to ensure the health and well-being of existing and future residents.
Policy LU-5.6: Land Use Compatibility. Non-residential use developments adjacent to residential land use designations shall be designed to ensure compatibility between the uses and to reduce any potential negative impacts associated with aesthetics, noise, and safety.
Action LU-5.1: As part of the City’s development review process, ensure that commercial projects are designed to minimize conflicts with residential uses. Review of commercial projects should ensure that the following design concepts are minimized or avoided in projects that abut residential areas:
a. Inappropriate building scale and/or siting on the lot. b. Excessive glare or excessive impacts from light sources onto adjacent properties. c. Excessive noise generated from freight and waste management activities during night hours.
d. Excessive air pollutant emissions from freight trucks and large expanses of parking lot areas.
B. AIR QUALITY
1. Air Quality Plans
Threshold: Would the project conflict with or obstruct implementation of the applicable air quality plan?
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Finding: Less than significant. (Draft EIR, Impact AQ-1, pages 5.2-30 through 5.2- 39)
Explanation: The following analysis addresses the General Plan Update’s consistency with applicable plans and policies that govern air quality. In particular, the analysis addresses consistency with the SCAQMD’s AQMP, which is an air quality plan that includes strategies for achieving attainment of applicable ozone, PM10, and PM2.5 standards.
As discussed above, the SCAQMD has adopted a series of AQMPs to lead the Basin into compliance with several criteria air pollutant standards and other federal requirements, while taking into account construction and operational emissions associated with po pulation and economic growth projections provided by SCAG’s 2020 RTP/SCS. The SCAQMD recommends that, when determining whether a project is consistent with the relevant AQMPs, the lead agency should assess whether the project would directly obstruct implem entation of the plans by impeding SCAQMD’s efforts to achieve attainment with respect to any criteria air pollutant for which it is currently not in attainment of the NAAQS and CAAQS (e.g., ozone, PM10, and PM2.5) and whether it is consistent with the demographic and economic assumptions (typically land use related, such as employment and population/residential units) upon which the plan is based. The SCAQMD guidance indicates that projects whose growth is included in the projections used in the formulation of the AQMP are considered to be consistent with the plan and would not interfere with its attainment.
The SCAQMD thresholds for construction and operational emissions are designed for the analysis of individual projects and not for long -term planning documents, such as the General Plan Update, which would be implemented over a 20-year period. Emissions are dependent on the exact size, nature, and location of an individual land use type, combined with reductions in localized impacts from the removal of existing land use types, as applicable (i.e., conversion of light industrial uses). Emissions associated with the operation of individual projects, could exceed project -specific thresholds established by the SCAQMD.
CEQA requires that General Plans be evaluated for consistency with the AQMP. Because the AQMP strategy is based on projections from local General Plans, only new or amended General Plan elements, Specific Plans, or individual projects under the General Plan need to undergo a consistency review. Projects considered consistent with the local General Plan are consistent with the air quality -related regional plan. Indicators of consistency include:
• Control Strategies: Whether implementation of a project would increase the frequency or severity of existing air quality violations; would cause or contribute to new violations; or would delay the
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timely attainment of AAQS or interim emissions reductions within the AQMP.
• Growth Projections: Whether implementation of the project would exceed growth assumptions within the AQMP, which in part, bases its strategy on growth forecasts from local General Plans.
Construction
Control Strategies: The Basin is designated nonattainment for ozone and PM2.5 under the CAAQS and NAAQS, and nonattainment for PM10 under the CAAQS. Future development accommodated by the General Plan Update involves long-term growth associated with buildout of the City of La Verne. Therefore, the emissions of criteria pollutants associated with future developments under the General Plan Update could exceed the SCAQMD thresholds for criteria pollutants. Future development of individual projects under the Ge neral Plan Update would be required to comply with CARB’s requirements to minimize short-term emissions from on-road and off-road diesel equipment, including the ATCM to limit heavy- duty diesel motor vehicle idling to no more than five minutes at any given time, and with SCAQMD’s regulations such as Rule 403 for controlling fugitive dust and Rule 1113 for controlling VOC emissions from architectural coatings. Furthermore, as applicable to the type of development, individual projects under the proposed Gener al Plan Update would comply with fleet rules to reduce on -road truck emissions (i.e., 13 CCR, Section 2025 (CARB Truck and Bus regulation)). The General Plan Update includes goals, policies, and actions that support reduced air quality impacts associated with construction activities, including: Policy RM -8.8, which directs new development to meet State and federal clean air standards by minimizing particulate matter emissions from construction activities; Action RM -8.2, which requires project applicants to prepare air quality analyses to address the SCAQMD and General Plan Update requirements; and Action RM -8.14, which requires future development projects implemented under the General Plan Update to demonstrate consistency with the SCAQMD construction emission thresholds, and, where emissions exceed the SCAQMD thresholds, incorporate mitigation measures as necessary to minimize impacts. Compliance with these measures and requirements would be consistent with and meet or exceed the AQMP requirements for contro l strategies intended to reduce emissions from construction equipment and activities. Therefore, the construction anticipated by the proposed Project would be consistent with the AQMP under the first indicator.
Growth Projections: Implementation of the General Plan Update would result in an increase in short -term employment compared to existing conditions. Future development accommodated by the General Plan Update would involve construction, but implementation of the General Plan Update
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would not necessarily lead to new population growth, since construction - related jobs generated by future development would likely be filled by existing employees within the construction industry within the City of La Verne, Los Angeles County, and the surr ounding region. Construction industry jobs generally have no regular place of business, as construction workers commute to job sites throughout a given region, which may change several times a year. Moreover, these jobs would be temporary in nature.
Therefore, the construction jobs generated by future development accommodated by the General Plan Update would not conflict with the long-term employment or population projections upon which the 2022 AQMP is based.
Operation
Control Strategies: Future development under the General Plan Update would be required to comply with CARB motor vehicle standards, the SCAQMD regulations for stationary sources and architectural coatings, Title 24 energy efficiency standards, and, to the extent applicable, the 2020 RTP/SCS.
As discussed above, the 2022 AQMP includes land use and transportation strategies from the 2020 RTP/SCS that are intended to reduce VMT and resulting regional mobile source emissions. The applicable land use strategies include: planning for growth around l ivable corridors; providing more options for short trips/neighborhood mobility areas; supporting zero emission vehicles and expanding vehicle charging stations; and supporting local sustainability planning. The applicable transportation strategies include: managing through the Transportation Demand Management (TDM) Program and the Transportation System Management (TSM) Plan including advanced ramp metering, and expansion and integration of the traffic synchronization network; promoting active transportation . The majority of the transportation strategies are to be implemented by cities, counties, and other regional agencies such as SCAG and the SCAQMD, although some can be furthered by individual development projects.
The types and location of land uses anticipated by the General Plan Update would further implement land use and transportation strategies related to reducing vehicle trips by increasing commercial and residential density near public transit. The availability of public t ransportation and the focus on increasing density relative to the existing public transportation, enables implementation of the General Plan Update to potentially reduce vehicle trips, VMT, and associated transportation -related emissions per capita, compared to the existing conditions. For example, according to the Transportation Study prepared by Kittelson & Associates, the average VMT per service population would be reduced from 28.08 to 27.47 in year 2040 (i.e. the horizon year for the current City of La Verne General Plan), associated with the growth and development anticipated under the General
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Plan Update. The General Plan Update also includes goals, policies, and actions that support reduced air quality impacts associated with project operations. These include proposed Land Use Element Policy LU -1.9 and proposed Resource Management Policy RM -8.1, which direct the City to encourage land use patterns and strategies aimed at reducing vehicle trips and VMT, such as mixed -use and infill development; and proposed Resource Management Policies RM -6.1, RM -6.2, RM -6.3, RM -6.4, and RM-6.5, which are aimed at promoting gas and energy conservation and alternative energy sources. Other General Plan Update policies include Policy RM -8.5, which is aimed at minimizing exposure of sensitive receptors to concentrations of air pollutant emissions and TACs, and requires discretionary projects involving sensitive receptors that are proposed within 500 feet of SR -210 to analyze mobile source toxic air contaminant health risks and, if necessary, implement appropriate mitigation measures to reduce health risks to acceptable levels; Policy RM-
8.6, which directs the City to reduce adverse air quality impacts of municipal operations; Action RM -8.1, which directs the City to review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors; Action RM-8.2, which requires project applicants to prepare air quality analyses to address the SCAQMD and General Plan Update requirements; and Action RM -
8.15, which requires future development projects implemented un der the General Plan Update to demonstrate consistency with SCAQMD operational emission thresholds, and, where emissions exceed the SCAQMD thresholds, incorporate mitigation measures as necessary to minimize impacts. Therefore, the General Plan Update would result in a less than significant impact associated with air quality. The proposed Project would be consistent with the AQMP under the first indicator.
Growth Projections: The emissions inventory for the SCAB is formed, in part, by existing city and county General Plans. The AQMP is based on population, employment, and VMT forecasts by SCAG. A project might be in conflict with the AQMP if the development is greater than that anticipated in the local General Plan and SCAG’s growth projections.
Although the proposed General Plan Update accounts for future growth and development in the City, it does not involve any land use changes that would provide for addi tional growth opportunities beyond the intensities and densities that are currently allowed by the existing (1998) General Plan, and would therefore be consistent with the AQMP growth assumptions. Future development in the City of La Verne that is consistent with the General Plan Update would increase vehicle trips and total VMT over existing conditions, which would result in emissions of ozone precursors and particulate matter. Individual projects under the General Plan Update would be required to undergo subsequent environmental review pursuant to CEQA and would be required to demonstrate compliance with the AQMP.
Individual projects would also be required to demonstrate compliance with
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the SCAQMD rules and regulations governing air quality.
The City of La Verne continues to coordinate with the SCAQMD and SCAG to ensure City -wide growth projections, land use planning efforts, and local development patterns are accounted for in the regional planning and air quality planning processes. Therefore , implementation of the proposed General Plan Update would not conflict with or obstruct the implementation of the applicable air quality plan. Therefore, this impact is less than significant. Because impacts are less than significant, no mitigation measures are required. Nonetheless, the proposed General Plan includes policies and actions that when implemented would minimize potential impacts to air quality. The proposed General Plan Update Resource Management Element includes Goal RM -8 and related policie s and actions to addresses potential air quality impacts by improving air quality in La Verne and the region through reductions in air pollutants and GHG emissions. Additionally, Policy LU-1.1 of the proposed General Plan Update Land Use Element promotes a land use pattern that would reduce pollution and air quality impacts.
GENERAL PLAN UPDATE GOALS, POLICIES, AND ACTIONS:
LAND USE ELEMENT
Goal LU -1: Land Use Mix. A City with a land use plan that supports a diverse, self - sufficient community that offers a variety of housing types, job opportunities, institutional uses, community facilities, commercial services and recreational opportunities.
Policy LU-1.1: Land Use Pattern. Provide for an overall mix of housing, employment, service, and recreational opportunities that promotes efficient development and multimodal choices; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; ensures c ompatibility between uses; enhances community livability and public health; and sustains economic vitality.
Policy LU-1.9: Growth Pattern. Strongly encourage new development to occur in infill locations in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates convenient connections to other land uses and transportation facilities.
Goal LU -3: Residential Development. A community that preserves and protects its residential neighborhoods.
Policy LU-3.5: Sensitive Uses. Locate residences away from areas of excessive noise, smoke, or dust and ensure that adequate provisions, including buffers or transitional uses, are made to ensure the health and well-being of existing and future residents.
MOBILITY ELEMENT
Goal M-2: Complete Streets. A community with a well-designed and built transportation
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network that is safe, accessible, comfortable, and convenient for all transportation modes and users.
Policy M-2.1: Complete Streets for Roadway Projects. Apply Complete Streets principles to all new transportation improvements impacting the public right-of-way.
Policy M-2.2: Local and Regional Collaboration. Cooperate and collaborate with regional and local partners, stakeholders, and agencies to ensure the implementation of Complete Streets within and connecting to the City.
Policy M-2.3: Best Practices and Design Guidance. Monitor and strive to follow the best and latest design standards for implementing Complete Streets in the City.
RESOURCE MANAGEMENT ELEMENT
Goal RM-6: Energy and Mineral Resources. A community that protects its energy and mineral resources for future generations.
Policy RM-6.1: Regulatory Compliance. Meet all state and regional regulations in regard to gas and energy conservation and technology use, including the mandatory energy efficiency requirements of the California Green Building Standards Code (CALGreen) and Building and Energy Efficiency Standards.
Policy RM-6.2: Reduced Consumption. Promote energy sustainability and conservation in order to reduce consumption of natural resources and promote air quality.
Policy RM-6.3: Alternative Energy Use. Regularly evaluate the viability of alternative energy sources for their application in La Verne.
Policy RM -6.4: Green Building. Support the use of green building standards and sustainable development strategies, such as Leadership in Energy and Environmental Design (LEED), in both private and public projects.
Policy RM-6.5: Regional Conservation. Participate in regional alternative energy supply movements and transition when financially feasible.
Goal RM-8: Air Quality and Greenhouse Gas Emissions. Improved air quality in La Verne and the region through reductions in air pollutants and greenhouse gas (GHG) emissions.
Policy RM-8.1: Development Patterns. Improve air quality through continuing to require a development pattern that focuses growth in and around existing urbanized areas, locates new housing near places of employment, encourages alternative modes of transportation, supports efficient parking strategies, reduces vehicle miles traveled, and requires projects to mitigate significant air quality impacts.
Policy RM -8.2: Regional Collaboration. Coordinate planning efforts with the South Coast Air Quality Management District (SCAQMD), Southern California Association of
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Governments (SCAG), and the California Air Resource Board (CARB) to meet local and regional air quality standards and ensure attainment of established goals.
Policy RM-8.3: Measurement. Coordinate with the California Air Resources Board and South Coast Air Quality Management District to properly measure air quality at emission sources and enforce the standards of the Clean Air Act.
Policy RM-8.4: Local Reduction Targets. The City of La Verne establishes the following per capita GHG reduction targets, in order to meet the requirements established by the state under AB 32 and SB 32, consistent with the CARB’s Scoping Plan:
• 3.99 MT CO2e per capita by 2030
• 2.66 MT CO2e per capita by 2040; and
• 1.33 MT CO2e per capita by 2050.
Policy RM -8.5: Sensitive Receptors. Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants. For discretionary projects involving sensitive receptors (i.e., children, the elderly, or people with illnesses) proposed within 500 feet of S R-210, require an analysis of mobile source toxic air contaminant health risks and, if necessary, appropriate mitigation measures to reduce health risks to acceptable levels.
Policy RM-8.6: Municipal Operations. Reduce adverse air quality impacts of municipal operations.
Policy RM-8.7: Effects of Development on Air Quality. Use the City’s development review process and the California Environmental Quality Act to evaluate and mitigate the local and cumulative effects of new development on air quality.
Policy RM-8.8: Construction Activities. Meet state and federal clean air standards by minimizing particulate matter emissions from construction activities.
Policy RM-8.9: Airborne Pollutants and Noxious Odors. Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source.
Policy RM-8.10: GHG Reduction. Consider and adopt new policies and programs that will help to provide energy efficient alternatives to fossil fuel use and reduce consumption in order to reduce greenhouse gas emissions.
Policy RM-8.11: Carbon Reduction. Expand the number of parks and trees in La Verne to provide a larger carbon sink or area containing natural sources that retain more carbon than what those sources emit.
Action RM -8.1: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. Ensure that
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mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.
Action RM -8.2: Review development, infrastructure, and planning projects for consistency with SCAQMD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD and General Plan requirements, which include analysis and identification of:
• Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
• Potential exposure of sensitive receptors to toxic air contaminants. • Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
• Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.
Action RM -8.3: Work with Los Angeles County to implement programs aimed at improving regional air quality.
Action RM-8.4: Continue to review development projects to ensure that all new public and private development complies with the California Code of Regulations (CCR), Title 24 standards as well as the energy efficiency standards established by the La Verne Municipal Code.
Action RM-8.14: Future development projects implemented under the General Plan will be required to demonstrate consistency with SCAQMD construction emission thresholds.
Where emissions from individual projects exceed SCAQMD thresholds, the following actions shall be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures. • Require all off-road diesel equipment greater than 50 horsepower (hp) used for this Project to meet, at minimum, USEPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) d evices including, at minimum, a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. This DPF will reduce diesel particulate matter and NOx emissions during construction activities.
• Require a minimum of 50 percent of construction debris be diverted for recycling. • Require building materials to contain a minimum 10 percent recycled content. • Require materials such as paints, primers, sealants, coatings, and glues to have a
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low volatile organic compound concentration compared to conventional products.
If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs.
Action RM-8.15: Future development projects implemented under the General Plan will be required to demonstrate consistency with SCAQMD’s operational emission thresholds.
For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of their project.
• Develop a project specific TDM program for residents and/or employees that provides opportunities for carpool/vanpools.
• Provide onsite solar/renewable energy in excess of regulatory requirements. • Require that owners/tenants of non -residential or multi -family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rain storms.
• Ensure all parking areas are wired for capability of future EV charging and include EV charging stations that exceed regulatory requirements.
2. Other Adverse Emissions
Threshold: Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Finding: Less than significant. (Draft EIR, Impact AQ-4, pages 5.2-47 through 5.2- 49)
Explanation: Potential sources that may emit odors during construction activities include the use of architectural coatings and solvents. SCAQMD Rule 1113 (Architectural Coatings) limits the amount of VOCs from architectural coatings and solvents. According to the SCAQ MD’s CEQA Air Quality Handbook, construction equipment is not a typical source of odors. Odors from the combustion of diesel fuel would be minimized by complying with the CARB ATCM that limits diesel-fueled commercial vehicle idling to five minutes at any given location, which was adopted in 2004. Future development accommodated by the General Plan Update would also comply with SCAQMD Rule 402 (Nuisance), which prohibits the emissions of nuisance air contaminants or odorous compounds. Through adherence to and mandatory compliance with SCAQMD Rules and State measures,
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construction activities and materials would not create objectionable odors.
Construction of future development would not be expected to generate nuisance odors at nearby air quality sensitive receptors. Therefore, impacts with respect to odors would be less than significant.
According to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberg lass molding. Potential operational airborne odors could be created by commercial and industrial uses developed under the General Plan Update. However, future development would be required to comply with the City’s Municipal Code, including Chapter 6.16, A nimal Regulations, which prohibits animal premises from being sources of offensive odors, and SCAQMD’s Rule 402 (Nuisance), which prohibits the emissions of nuisance air contaminants or odorous compounds. The other potential source of odors would be new waste receptacles within the Planning Area. The receptacles would be stored in areas and in containers, as required by the City, and be emptied on a regular basis, before potentially substantial odors have developed.
Additionally, the policies included as part of the General Plan Update would reduce mobile and stationary source emissions and odors associated with diesel fuel by focusing on land use patterns that improve air quality, reduce air pollution from stationary sources, and encourage/enable increased transit behavior. Consequently, implementation of the General Plan Update would not create operational -related objectionable odors affecting a substantial number of people within the City. Impacts would be less than significant in this regard.
GENERAL PLAN UPDATE GOALS, POLICIES, AND ACTIONS:
RESOURCE MANAGEMENT ELEMENT
Policy RM-7.2: Solid Waste Collection. Provide adequate waste disposal, recycling, and refuse services for present and future residents and businesses, including programs that improve public access to solid waste collection and recycling facilities.
Goal RM-8: Air Quality and Greenhouse Gas Emissions. Improved air quality in La Verne and the region through reductions in air pollutants and greenhouse gas (GHG) emissions.
Policy RM-8.1: Development Patterns. Improve air quality through continuing to require a development pattern that focuses growth in and around existing urbanized areas, locates new housing near places of employment, encourages alternative modes of transportation, supports efficient parking strategies, reduces vehicle miles traveled, and requires projects to mitigate significant air quality impacts.
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Policy RM -8.2: Regional Collaboration. Coordinate planning efforts with the South Coast Air Quality Management District (SCAQMD), Southern California Association of Governments (SCAG), and the California Air Resource Board (CARB) to meet local and regional air quality standards and ensure attainment of established goals.
Policy RM-8.3: Measurement. Coordinate with the California Air Resources Board and South Coast Air Quality Management District to properly measure air quality at emission sources and enforce the standards of the Clean Air Act.
Policy RM -8.5: Sensitive Receptors. Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants. For discretionary projects involving sensitive receptors (i.e., children, the elderly, or people with illnesses) proposed within 500 feet of S R-210, require an analysis of mobile source toxic air contaminant health risks and, if necessary, appropriate mitigation measures to reduce health risks to acceptable levels.
Policy RM-8.6: Municipal Operations. Reduce adverse air quality impacts of municipal operations.
Policy RM-8.7: Effects of Development on Air Quality. Use the City’s development review process and the California Environmental Quality Act to evaluate and mitigate the local and cumulative effects of new development on air quality.
Policy RM-8.8: Construction Activities. Meet state and federal clean air standards by minimizing particulate matter emissions from construction activities.
Policy RM-8.9: Airborne Pollutants and Noxious Odors. Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source.
Action RM -8.1: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. Ensure that mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.
Action RM -8.2: Review development, infrastructure, and planning projects for consistency with SCAQMD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD and General Plan requirements, which include analysis and identification of:
• Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
• Potential exposure of sensitive receptors to toxic air contaminants. • Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
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• Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.
C. BIOLOGICAL RESOURCES
1. Candidate, Sensitive, or Special Status Species
Threshold: Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Finding: Less than significant. (Draft EIR, Impact BIO-1, pages 5.3-25 through 5.3- 30)
Explanation: The General Plan Update does not include any specific development proposals and would not result in significant direct impacts to existing biological resources. However, implementation of the General Plan Update would enable future development within the Planning Area with the potential to result in direct or indirect impacts to candidate, sensitive, or special status species. Potential impacts vary according to future proposed projects and include potential habitat loss and diminish ed habitat quality.
Special status species determined to have the potential to occur within the general vicinity of the Planning Area are presented in Table 5.3-2 and Table
5.3-3. The following analysis is limited to those species that, based on habitat re quirements, are known to regularly occur within the Planning Area.
Pursuant to the special status species search, 58 special status plant species and 57 special status wildlife species are located within a nine-quad search of the Planning Area and are considered candidate, sensitive, or special status under FESA, CESA and/or CNPS/CRPR designation. These include species that are listed as endangered or threatened under FESA, species proposed, or candidates for such listing and species similarly listed under CESA. In addition, the northern portion of the Planning Area lies within the range of the San Gabriel Mountains mountain lion population and may provide suitable habitat for mountain lions. Proposed planning actions could result in the permanent loss of habitat by allowing future development to occur. In addition to speci al status plant and wildlife species, a CNDDB search revealed eight sensitive natural communities within the nine -quad search area.
While most new development proposed under the General Plan Update would occur in areas that have been previously developed, subsequent development that would be accommodated by implementation of the
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General Plan Update could result in the direct loss of habitat areas associated with these special status species, since suitable habitat for these species does occur in the region and may occur on future development project sites within the Planning Area. Indirect impacts to special status species could also occur with implementation of the General Plan Update, including habitat degradation as a result of impacts to water quality, increased human presence, and the loss of foraging habitat. Future development projects would be required to adhere to applicable federal, State, and local regulations that provide for special status species as part of the discretionary approval process for site -specific development projects.
Compliance with applicable regulation s at the time of future development would minimize adverse impacts to special status species.
Additionally, the General Plan Update Resource Management Element includes policies and actions to preserve and protect biological resources within the Planning Area. Policy RM-2.2 encourages minimal alteration of the natural terrain in environmentally sen sitive open space areas. Policy RM-2.3 requires the implementation of recommendations and policies established in the La Verne Wilderness Management Plan. Policy RM -2.6 directs the City to enter into inter-jurisdictional cooperative agreements, as feasible, with allied agencies, such the Angeles National Forest, the San Gabriel Mountains National Monument, Los Angeles County Department of Parks and Recreation, the Cities of Claremont, San Dimas, and Pomona, and non -governmental organizations, in order to im plement resource management programs. Policy RM-5.1 seeks to preserve and enhance those biological communities that contribute to La Verne’s and the region’s biodiversity including, but not limited to, the following resources: southern oak riparian woodlands, southern mixed chaparral and coastal sage scrub, ruderal-disturbed, and riparian areas. Policy RM -5.2 incorporates habitat maintenance techniques into City programs when possible. Policy RM -5.3 requires development proposals which could have a potential impact to biological resources to provide biological assessments in areas which may contain important plant communities and wildlife habitat. Policy RM -5.5 ensures that open space areas that contain sensitive biological resources are maintained as passive recreation uses. Policy RM-5.6 focuses conservation efforts on high priority conservation areas that contain suitable habitat for endangered, threatened, migratory, or special status species and that can be managed with minimal interference with nearby u rban land uses. Policy RM-5.7 conserves existing native vegetation where possible and integrates regionally native plant species into development and infrastructure projects where appropriate. Policy RM-5.9 avoids removal of large, mature trees and protected trees that provide wildlife habitat to the greatest extent feasible through appropriate project design and building siting. Action RM -5.2 requires new development and infrastructure projects, long-range planning projects, and other projects, to comply w ith the requirements of the La Verne Wilderness Area Management and Public Access Plan to ensure that
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potentially significant impacts to special status species and sensitive resources are adequately addressed. Action RM -5.4 would ensure that surveys are conducted if vegetation and tree removal is proposed to occur during the nesting bird season and to prov ide for buffers if active nests are confirmed. Adherence to these policies and actions during the discretionary review of future development projects would serve to minimize impacts to special status species.
Future projects accommodated by implementation of the General Plan Update would be required to adhere to applicable federal, State and local regulations that provide protections for special status species as part of the discretionary approval process for i ndividual development projects.
Additionally, the General Plan Update provides goals, policies, and actions that would serve to preserve biological resources within the Planning Area.
Compliance with federal, State, and local regulations, and implementatio n of the General Plan Update policies and actions, would ensure that programmatic impacts to candidate, sensitive, or special status species would be less than significant, and no mitigation is required.
GENERAL PLAN UPDATE GOALS, POLICIES, AND ACTIONS:
RESOURCE MANAGEMENT ELEMENT
Goal RM-2: Open Space. A community with distinctive natural open spaces that provide significant scenic value to La Verne.
Policy RM-2.1: Balanced Open Space System. Support a balanced and integrated open space system that reflects a variety of considerations, including resource conservation, recreation, aesthetics, and community identity.
Policy RM-2.2: Minimal Alterations to Existing Space. Encourage minimal alteration of the natural terrain in environmentally sensitive open space areas.
Policy RM -2.3: Wilderness Management Plan. Implement and support recommendations and policies established in the City of La Verne Wilderness Management Plan.
Policy RM-2.5: Regional Cooperation. Recognize areas of overlapping jurisdiction with respect to open space and biological resources, such as Los Angeles County’s Significant Ecological Area, and coordinate the City’s actions with efforts of surrounding cities, agencies, and Los Angeles County to protect and maximize regional open space.
Policy RM-2.6: Cooperative Agreements. Where feasible, enter into inter-jurisdictional cooperative agreement with allied agencies such the Angeles National Forest, the San Gabriel Mountains National Monument, Los Angeles County Department of Parks and Recreation, the cities of Claremont, San D imas, and Pomona, and non -governmental organizations, to implement resource management programs.
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Action RM -2.2: Periodically coordinate with neighboring jurisdictions to share plans regarding open space protection and access.
Goal RM-5: Biological Resources. A community that preserves our diverse plant and animal life.
Policy RM-5.1: Biological Resource Protection. Preserve and enhance those biological communities that contribute to La Verne’s and the region’s biodiversity including, but not limited to, the following resources: Southern Oak Riparian Woodlands, Southern Mixed Chaparral and Coastal Sage Scrub, Ruderal-Disturbed, and riparian areas.
Policy RM -5.2: City Programs. Incorporate habitat maintenance techniques into City programs when possible.
Policy RM-5.3: New Development. Require development proposals with the potential to impact biological resources, including non -infill sites and sites adjacent to open space, to provide biological assessments in areas which may contain important plant communities and wildlife habitat.
Policy RM -5.4: Wildlife Corridors. Support the establishment of contiguous wildlife corridors by removing existing physical barriers that restrict wildlife access to water and native habitat, where feasible.
Policy RM-5.5: Land Use Planning. Ensure that open space areas that contain sensitive biological resources are maintained as passive recreation uses.
Policy RM -5.6: Focused Conservation. Focus conservation efforts on high priority conservation areas that contain suitable habitat for endangered, threatened, migratory, or special status species and that can be managed with minimal interference with nearby urban land uses.
Policy RM-5.7: Native Vegetation. Conserve existing native vegetation where possible and integrate regionally native plant species into development and infrastructure projects where appropriate.
Policy RM-5.8: Urban Forest. Build upon existing streetscapes and develop an urban forest along the City’s major corridors and in residential neighborhoods to provide avian habitat, sequester carbon monoxide emissions, foster pedestrian activity, and provide shade. The City’s “urban forest” refers to all public- and privately-owned trees, vegetation, and landscaping throughout La Verne which provide a range of benefits to the community, including reduced energy use, cooling along streets and sidewalks, improved air and water quality, diversification of wildlife habitat, and increased health and well-being.
Policy RM-5.9: Mature and Protected Trees. Avoid removal of large, mature trees and protected trees that provide wildlife habitat or contribute to the visual quality of the environment to the greatest extent feasible through appropriate project design and building
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siting. If full avoidance is not possible, prioritize planting of replacement trees on-site over off-site locations.
Policy RM-5.10: Agency Coordination. Coordinate with appropriate federal, state, or local agencies, such as the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and/or the Los Angeles Regional Water Quality Control Board, prior to conducting management activities in riparian areas.
Action RM -5.1: Maintain a buffer area , determined by a qualified biologist, for both construction and operations, between natural (not manmade) waterways and urban development to protect water quality and riparian areas.
Action RM-5.2: Require new development, as well as infrastructure projects, long -range planning projects, and other projects, to comply with the requirements of the La Verne Wilderness Area Management and Public Access Plan to ensure that potentially significant impacts to special status species and sensitive resources are adequately addressed.
Action RM -5.3: Require new development which has the potential to result in water quality impacts to the City’s creeks and the local groundwater basin to implement all feasible mitigation measures to reduce impacts. Publicize volunteer-based programs that organize community creek restoration and/or clean-up events and provide public education regarding the benefits of city and regional water resources.
Action RM-5.4: Where feasible, vegetation and tree removal should occur outside of the bird nesting season (February 1 to August 31). If not feasible, the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to the commencement of construction activities. The biologist conducting the clearance survey shall document the negative results if no active bird nests are observed on the project site or within the vicinity during the clearance survey wit h a brief letter report, submitted to the City of La Verne Community Development Department prior to construction, indicating that no impacts to active bird nests would occur before construction can proceed.
If an active avian nest is discovered during the pre-construction clearance survey, construction activities shall stay outside a 300-foot buffer around the active nest. For listed and raptor species, this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure the nesting behavior is not adversely affected by construction activity, pursuant to the Migratory Bird Treaty Act (MBTA). Prior to the commencement of construction activities and the issuance of any permits, results of the pre-construction survey and any subsequent monitoring shall be provided to the City of La Verne Community Development Department, California Department of Fish and Wildlife (CDFW), and other appropriate agencies.
2. Riparian Habitat
Threshold: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,
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policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?
Finding: Less than significant. (Draft EIR, Impact BIO-2, pages 5.2-30 through 5.2- 34)
Explanation: The CDFW considers sensitive natural communities to have significant biotic value, with species of plants and animals unique to each community.
The CNDDB search revealed eight sensitive natural communities within the nine-quad search area. The sensitive na tural communities within the nine - quad search area include seven terrestrial communities of Riversidian alluvial fan sage scrub, southern coast live oak riparian forest, southern cottonwood willow riparian forest, canyon live oak ravine forest , southern sycamore alder riparian woodland, california walnut woodland, walnut forest, and one aquatic community of Southern California arroyo chub/Santa Ana sucker stream. Of these eight sensitive natural communities documented within the nine -quad search, four are located within one -mile of the Planning Area.
While not always documented as a sensitive natural community in the CNDDB, streams, rivers, wet meadows, and vernal pools are of high concern, because they provide unique aquatic habitat for many endemic species, including special status plants, birds, inv ertebrates, and amphibians. Figure 5.3 -4 identifies surface waters and wetland resources within the City, as mapped by the USFW. Additionally, the Planning Area contains numerous aquatic habitats that qualify as sensitive habitats. Figure
5.3-4 show local waterways in relation to the City, including the Marshall Creek, San Dimas Wash, and Live Oak Wash. Aquatic resources are further discussed in Section 5.9, Hydrology and Water Quality.
Subsequent development under the proposed General Plan Update could result in impacts to riparian habitat or other sensitive natural community.
This is considered a potentially significant impact. Potential impacts would need to be assessed on a project -specific basis once site -specific development is proposed. Subsequent development projects would be required to comply with the General Plan Update and adopted federal, State, and local regulations for the protection of sensitive natural communities, including riparian habitat. The City of La Verne General Plan Update includes a number of policies and actions intended to protect sensitive natural communities, including riparian habitat, from adverse effects associated with future development and improvement p rojects within the Planning Area. Resource Management Element Policy RM-2.2 encourages minimal alteration of the natural terrain in environmentally sensitive open space areas. Policy RM -2.3 directs the City to implement the recommendations and policies est ablished in the La Verne Wilderness Management Plan. Policy RM -5.1 seeks to preserve and enhance those biological communities that contribute to La Verne’s and the region’s