November 3 City Council Meeting Agenda
AGENDA - 11-03-25.PDF
November 3 City Council Meeting Agenda Packet
AGENDA PACKET A11-03-25.PDF
Water & Sewer Rates Prop 218 Presentation
PUBLIC HEARING PRESENTATIONV2 DW EDITS.PDF
1. Documents:
2. Documents:
3. Documents:
COUNCIL REGULAR MEETING AGENDA
Tim Hepburn, Mayor
Wendy Lau, Council Member
Steven Frank Johnson, Council Member
Rick Crosby, Council Member
Meshal "Kash" Kashifalghita, Mayor Pro Tem
Monday, November 3, 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 laverneca.gov/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669-900-6833 and enter ID 847 4118 1161 when prompted. Public comments via Zoom may be accepted for the agenda items listed within the Consent Calendar, Public Hearing and Discussion Calendar 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 Steven F. Johnson, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Meshal “Kash” Kashifalghita, and Mayor Tim Hepburn.
AGENDA City Council 11/3/2025 Page 2
CLOSED SESSION TOPIC
Conference with Labor Negotiators, pursuant to Government Code § 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 Fire Middle Management Association, La Verne Police Officers Association, La Verne Police Middle Management Association, and all Unrepresented Employees.
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): 1 case
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
ROLL CALL Council Member Steven F. Johnson, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Meshal “Kash” Kashifalghita, and Mayor Tim Hepburn.
PRESENTATIONS
Lights and Sirens Holiday Toy Drive – The La Verne Firefighters’ and Police Officers Associations are leading a joint effort to bring holiday cheer this Christmas. From November 12 to December 12, please donate new, unwrapped toys at City Hall, Public Safety Building, Fire Stations 1, 2, and 3, and the Community Center, which will be gifted to a family in need.
Outgoing Commissioner Recognition – La Verne residents play a crucial role as Commissioners, offering valuable input that helps shape the City’s planning and decision-making. At this time, we would like to recognize our outgoing Commissioners, who have generously served our community for many years.
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the Council or member of the audience requests separate discussion.)
1. City Council Minutes of the Closed Session and Regular meeting of October 20, 2025.
Recommendation: That the City Council approve the minutes.
2. Registers of Audited Demands in the amount of $997,098.82, dated 10/15/25 and in the amount of $1,565,139.11, dated 10/22/25.
AGENDA City Council 11/3/2025 Page 3
Recommendation: That the City Council approve the registers of audited demands.
3. Quarterly Treasurers Report ending September 30, 2025. The Quarterly Treasurer’s Report provides an overview of the City’s cash and investment holdings as of September 30, 2025. The report confirms compliance with the City’s investment policy as set forth in Administrative Regulation Number 215, the Statement of Investment Policy, and the State of California’s Government Code (GC) Section 53646.
Recommendation: That the City Council receive and file the Quarterly Treasurer’s Report for the period ending September 30, 2025.
4. Transit Oriented Development Pedestrian Bridge Project: Construction and Maintenance Agreement with Southern California Regional Rail Authority and San Gabriel Valley Council of Governments. The proposed pedestrian bridge crossing over Arrow Highway and the Metrolink San Bernardino Line (railroad tracks) will provide a grade-separated connection between the La Verne A-Line Station and the Fairplex campus. Implementation of this project will require the execution of a Construction and Maintenance (C&M) Agreement among the participating public agencies. The agreement will define each agency’s respective roles and responsibilities and will be executed by the City of La Verne, the San Gabriel Valley Council of Governments (SGVCOG), and the Southern California Regional Rail Authority (SCRRA/Metrolink).
Recommendation: That the City Council approve a Resolution authorizing the City Manager to enter into the Construction and Maintenance Agreement for the Transit Oriented Development Pedestrian Bridge Project with the San Gabriel Valley Council of Governments and the Southern California Regional Rail Authority.
5. Rejection of Bids for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. This action will reject all bids submitted for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. Bids were opened on October 7, 2025. The apparent low bid submitted a bid exceeding the projected project construction budget. The apparent low bid also received a bid protest regarding a significant signature omission error.
Recommendation: That the City Council reject all bids and direct City Staff to modify the project scope and re-advertise the project for bidding.
6. Franchise Agreement Time Extension for Sanders Towing Inc. The City maintains a franchise agreement with Sanders Towing Inc. to provide towing and vehicle impound services within the City of La Verne. The three year agreement was initially approved after a competitive process completed July 18, 2022. Section IV, Subsection A of the agreement, allows the term to be extended upon the written consent of both parties.
Recommendation: That the City Council authorize the City Manager to execute a three-year extension of the Franchise Towing Agreement with Sanders Towing Inc.
7. Authorizing the Execution of a Side Letter Agreement Amending the Memorandum of Understandings Between the City of La Verne and the La Verne Firefighters’ Association Regarding Education Incentives. Approval of a new Side Letter with the La Verne Firefighters’ Association (LVFA) to amend the existing Memorandum of Understanding (MOU) for compliance with additional CalPERS requirements.
AGENDA City Council 11/3/2025 Page 4
Recommendation: That the City Council authorize the City Manager to execute a Side Letter Agreement amending Memorandum of Understandings between the City of La Verne and the La Verne Firefighters’ Association Regarding Education Incentives.
8. Vehicle Replacement, Police Chief Assigned Vehicle. Amendment to the Fiscal Year 2025- 26 Budget in the amount of $49,996.18 for the replacement of a Police Department vehicle.
Recommendation: That the City Council adopt a resolution titled, "A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, AMENDING FISCAL YEAR 2025-26 ADOPTED BUDGET IN THE AMOUNT OF $49,996.18 AND AUTHORIZE THE ADVANCEMENT OF VEHICLE REPLACEMENT FM 3115 FOR THE PURCHASE OF ONE (1) 2026 DODGE DURANGO."
PUBLIC HEARINGS
9. Conduct a Public Hearing and Consider Resolution Adopting Water and Sewer Rate Adjustments for Fiscal Years 2025-26 through 2029-30 and Finding that Adoption of the Rates is Exempt from the California Environmental Quality Act (CEQA). The City operates water and sewer utility systems through enterprise funds supported entirely by ratepayer revenue and recently completed a comprehensive rate study and public participation process to update the cost-of-service mode and financial plan. This Proposition 218 Public Hearing allows for residents to protest the proposed rates and, if sufficient protest is not received, for Council to set rates for the next five years, effective January 1, 2026.
Recommendation: That the City Council, after conducting a Public Hearing in compliance with Proposition 218 to accept comments on the proposed water and sewer rates:
1. Direct the Deputy City Clerk to tabulate the results of the protests received from property owners and announce the findings; and
2. Adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, CALIFORNIA, ESTABLISHING WATER AND SEWER RATES AND CHARGES FOR A FOUR-YEAR PERIOD (FY 2025-26 THROUGH FY 2029-30)"; and
3. Authorize the City Manager, Finance Director, and Public Works Director to implement the rates, update the Master Schedule of Fees and Charges, make non-substantive corrections to the exhibits, and complete all billing system updates; and
4. Find that adoption of the water and sewer rates is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Sections 15061(b)(3) and 15378(b)(2).
DISCUSSION CALENDAR - NONE
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 and within the subject matter jurisdiction of the City Council. 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.
AGENDA City Council 11/3/2025 Page 5
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, NOVEMBER 17, at 5:30 P.M.
Posting Statement: A true copy of this Agenda was posted on October 28, 2025, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.laverneca.gov.
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, November 4 - Development Review Committee meeting, City Hall, 9:00 am
Wednesday, November 5 - Senior Seminar Series, Community Center 10:30 am
Sunday, November 9 - Senior Dinner Dance, Community Center, 4:00 pm
Monday, November 10 - Senior Movie Matinee, Community Center, 12:30 pm
Tuesday, November 11 - Holiday Closure - City Hall & Community Center
Tuesday, November 11 - Veterans Day Ceremony, Veterans Hall, 11:00 am
Wednesday, November 12 - Planning Commission meeting, City Hall, 6:30 pm
Saturday, November 15 - Senior Craft Fair, Community Center, 9:00 am - 1:00 pm
Monday, November 17 - City Council meeting, City Hall, Closed Session 5:30 pm, Regular meeting 6:30 pm
Wednesday, November 19 - Senior Advisory Committee meeting, Community Center, 10:00 am
Wednesday, November 19 - Finance Commission meeting, City Hall, 6:30 pm AGENDA City Council 11/3/2025 Page 6
Tuesday, November 25 - Youth & Family Action Subcommittee meeting, City Hall, 5:00 pm
Table of Contents
City Council Agenda Packet, Monday, November 3, 2025
Agenda 1
Agenda Items
PRESENTATIONS (2)
Lights and Sirens Holiday Toy Drive
Outgoing Commissioner Recognition
CONSENT CALENDAR
1. Council Minutes of the October 20, 2025 Closed Session and Regular meeting 6
2. Registers of Audited Demands 11
3. Quarterly Treasurers Report ending September 30, 2025 18
4. Transit Oriented Development Pedestrian Bridge Project: Construction & Maintenance Agreement 26
5. Rejection of Bids for LV Fire Station No. 1 Gender Compliance Improvement Project 79
6. Sanders Towing Inc. Franchise Agreement Time Extension 82
7. Extension of Side Letter Agreement Amending the MOU between the City and LV Firefighters' Association 114
8. Vehicle Replacement, Police Chief Assigned Vehicle 149
PUBLIC HEARING
9. Resolution Adopting Phased Water & Sewer Rate Adjustment for Fiscal Years 2025-26 through 2029-30 153 DISCUSSION CALENDAR - None
COUNCIL REGULAR MEETING AGENDA
Tim Hepburn, Mayor
We
ndy Lau, Council Member
Steven Frank Johnson, Council Member
Ri
ck Crosby, Council Member
Meshal "Kash" Kashifalghita, Mayor Pro Tem
Monday, November 3, 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 laverneca.gov/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669-900-6833 and enter ID 847 4118 1161 when prompted. Public comments via Zoom may be accepted for the agenda items listed within the Consent Calendar, Public Hearing and Discussion Calendar 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 Coun
cil Member Steven F. Johnson, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Meshal “Kash” Kashifalghita, and Mayor Tim Hepburn.
CITY Of LA VERNE
CLOSED SESSION TOPIC
Conference with Labor Negotiators, pursuant to Government Code § 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 Fire Middle Management Association, La Verne Police Officers Association, La Verne Police Middle Management Association, and all Unrepresented Employees.
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): 1 case
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
ROLL CALL Council Member Steven F. Johnson, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Meshal “Kash” Kashifalghita, and Mayor Tim Hepburn.
PRESENTATIONS
Lights and Sirens Holiday Toy Drive – The La Verne Firefighters’ and Police Officers Associations are leading a joint effort to bring holiday cheer this Christmas. From November 12 to December 12, please donate new, unwrapped toys at City Hall, Public Safety Building, Fire Stations 1, 2, and 3, and the Community Center, which will be gifted to a family in need.
Outgoing Commissioner Recognition – La Verne residents play a crucial role as Commissioners, offering valuable input that helps shape the City’s planning and decision-making. At this time, we would like to recognize our outgoing Commissioners, who have generously served our community for many years.
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the Council or member of the audience requests separate discussion.)
1. City Council Minutes of the Closed Session and Regular meeting of October 20, 2025.
Recommendation: That the City Council approve the minutes.
2. Registers of Audited Demands in the amount of $997,098.82, dated 10/15/25 and in the amount of $1,565,139.11, dated 10/22/25.
Recommendation: That the City Council approve the registers of audited demands.
AGENDA City Council 11/3/2025 Page 3
3. Quarterly Treas
urers Report ending September 30, 2025. The Quarterly Treasurer’s Report provides an overview of the City’s cash and investment holdings as of September 30, 2025. The report confirms compliance with the City’s investment policy as set forth in Administrative Regulation Number 215, the Statement of Investment Policy, and the State of California’s Government Code (GC) Section 53646.
Recomm
endation: That the City Council receive and file the Quarterly Treasurer’s Report for the perio
d ending September 30, 2025.
4. Transit Oriented
Development Pedestrian Bridge Project: Construction and Maintenance Agreement with Southern California Regional Rail Authority and San Gabriel Valley Council of Governments. The proposed pedestrian bridge crossing over Arrow Highway and the Metrolink San Bernardino Line (railroad tracks) will provide a grade-separated connection between the La Verne A-Line Station and the Fairplex campus. Implementation of this project will require the execution of a Construction and Maintenance (C&M) Agreement among the participating public agencies. The agreement will define each agency’s respective roles and responsibilities and will be executed by the City of La Verne, the San Gabriel Valley Council of Governments (SGVCOG), and the Southern California Regional Rail Authority (SCRRA/Metrolink).
Recomm
endation: That the City Council approve a Resolution authorizing the City Manager to enter into the Co
nstruction and Maintenance Agreement for the Transit Oriented Development Pedestrian Bridge Project with the San Gabriel Valley Council of Governments and the Southern California Regional Rail Authority.
5. Rejection of
Bids for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. This action will reject all bids submitted for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. Bids were opened on October 7, 2025. The apparent low bid submitted a bid exceeding the projected project construction budget. The apparent low bid also received a bid protest regarding a significant signature omission error.
Recomm
endation: That the City Council reject all bids and direct City Staff to modify the project scope an
d re-advertise the project for bidding.
6. Franchise Agreem
ent Time Extension for Sanders Towing Inc. The City maintains a franchise agreement with Sanders Towing Inc. to provide towing and vehicle impound services within the City of La Verne. The three year agreement was initially approved after a competitive process completed July 18, 2022. Section IV, Subsection A of the agreement, allows the term to be extended upon the written consent of both parties.
Recomm
endation: That the City Council authorize the City Manager to execute a three-year extensio
n of the Franchise Towing Agreement with Sanders Towing Inc.
7. Authorizin
g the Execution of a Side Letter Agreement Amending the Memorandum of Understandings Between the City of La Verne and the La Verne Firefighters’ Association Regarding Education Incentives. Approval of a new Side Letter with the La Verne Firefighters’ Association (LVFA) to amend the existing Memorandum of Understanding (MOU) for compliance with additional CalPERS requirements.
Recomm
endation: That the City Council authorize the City Manager to execute a Side Letter Agreeme
nt amending Memorandum of Understandings between the City of La Verne and the La Verne Firefighters’ Association Regarding Education Incentives.
AGENDA City Council 11/3/2025 Page 4
8. Vehicle Replacement, Poli
ce Chief Assigned Vehicle. Amendment to the Fiscal Year 2025-26 Budget in the amount of $49,996.18 for the replacement of a Police Department vehicle.
Recomm
endation: That the City Council adopt a resolution titled, "A RESOLUTION OF THE
CITY COUNCIL, CITY
OF LA VERNE, CALIFORNIA, AMENDING FISCAL YEAR 2025-26
ADOPTED BUDGET IN THE AMOUNT OF $49,996.18 AND AUTHORIZE THE ADVANCEMENT OF VEHICLE REPLACEMENT FM 3115 FOR THE PURCHASE OF ONE (1) 2026 DODGE DURANGO."
PUBLIC HEARINGS
9. Conduct a Pu
blic Hearing and Consider Resolution Adopting Water and Sewer Rate Adjustments for Fiscal Years 2025-26 through 2029-30 and Finding that Adoption of the Rates is Exempt from the California Environmental Quality Act (CEQA). The City operates water and sewer utility systems through enterprise funds supported entirely by ratepayer revenue and recently completed a comprehensive rate study and public participation process to update the cost-of-service mode and financial plan. This Proposition 218 Public Hearing allows for residents to protest the proposed rates and, if sufficient protest is not received, for Council to set rates for the next five years, effective January 1, 2026.
Recomm
endation: That the City Council, after conducting a Public Hearing in compliance with Proposi
tion 218 to accept comments on the proposed water and sewer rates:
1. Direct the Deputy City Clerk to tabulate the results of the protests received from property owners and announce the findings; and
2. Adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, CALIFORNIA, ESTABLISHING WATER AND SEWER RATES AND CHARGES FOR A FOUR-YEAR PERIOD (FY 2025-26 THROUGH FY 2029-30)"; and
3. Authorize the City Manager, Finance Director, and Public Works Director to implement the rates, update the Master Schedule of Fees and Charges, make non-substantive corrections to the exhibits, and complete all billing system updates; and
4. Find that adoption of the water and sewer rates is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Sections 15061(b)(3) and 15378(b)(2).
DISCUSSION CALENDAR - NONE
PUBLIC COMMENTS
This is the time set aside for anyo
ne wishing to address the City Council on items not listed in any other place on the agenda and within the subject matter jurisdiction of the City Council. 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.
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or
AGENDA City Council 11/3/2025 Page 5
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, NOVEMBER 17, at 5:30 P.M.
Posting Statement: A true copy of this Agenda was posted on October 28, 2025, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.
laverneca.gov.
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, November 4 - Development Review Committee meeting, City Hall, 9:00 am
Wednesday, November 5 - Senior Seminar Series, Community Center 10:30 am
Sunday, November 9 - Senior Dinner Dance, Community Center, 4:00 pm
Monday, November 10 - Senior Movie Matinee, Community Center, 12:30 pm
Tuesday, November 11 - Holiday Closure - City Hall & Community Center
Tuesday, November 11 - Veterans Day Ceremony, Veterans Hall, 11:00 am
Wednesday, November 12 - Planning Commission meeting, City Hall, 6:30 pm
Saturday, November 15 - Senior Craft Fair, Community Center, 9:00 am - 1:00 pm
Monday, November 17 - City Council meeting, City Hall, Closed Session 5:30 pm, Regular meeting 6:30 pm
Wednesday, November 19 - Senior Advisory Committee meeting, Community Center, 10:00 am
Wednesday, November 19 - Finance Commission meeting, City Hall, 6:30 pm
Tuesday, November 25 - Youth & Family Action Subcommittee meeting, City Hall, 5:00 pm
MINUTES OF THE CLOSED SESSION & REGULAR MEETING OF THE
CITY COUNCIL ON OCTOBER 20, 2025
ACTION MINUTES
“See Italics”
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER - meeting called to order at 5:30 PM.
ROLL CALL Council Member Steven F. Johnson, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Meshal “Kash” Kashifalghita, and Mayor Tim Hepburn.
Council Members Present: Crosby, Johnson, Lau, Kashifalghita, and Hepburn.
Council Members Absent: None
Advisory Staff Present: City Manager Domer, Assistant City Attorney Tsai, and Assistant City Manager Ranells.
CLOSED SESSION TOPIC
Assistant City At
torney Tsai read the closed session items for the record. It is anticipated there will be no report out.
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 Fire Middle Management Association, La Verne Police Officers Association, La Verne Police Middle Management Association, and all Unrepresented Employees.
Conference with Real Property Negotiators pursuant to Cal. Gov’t Code § 54956.8: Property:
APN 8378-015-009 [approx. 30,657 square feet] Agency Negotiators: Ken Domer; Negotiating Parties: Arrow White Corner, LLC. Under Negotiation: Price and terms of payment.
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): 1 case The City Council recessed at 6:19 pm to reconvene at 6:30 PM for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING - 6:30 PM – meeting was called to order at 6:34 PM CLOSED SESSION – REPORT OUT
Assistant Attorney Tsai stated Council gave direction in Closed Session and no reportable action was taken.
PLEDGE OF ALLEGIANCE – Southland Young Marines: Leonard Soto, Maxwell Haddad, and Ethan Dillon.
CITY Of LA VERNE
Minutes City Council 10/20/2025 Page 2
Mayor Pro Tem Kashifalghita, on behalf of the City Council, presented each of the Southland Young Marines with a Pride of La Verne certificate.
ROLL CALL Council Member Steven F. Johnson, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Meshal “Kash” Kashifalghita, and Mayor Tim Hepburn.
Council Members Present: Crosby, Johnson, Lau, Kashifalghita, and Hepburn.
Council Members Absent: None
Advisory Staff Present: City Manager Domer, Assistant City Attorney Tsai, and Assistant City Manager Ranells.
PRESENTATIONS
Inland Valley Humane Society - President/CEO Nikole Bresciani will provide an annual overview of Inland Valley Humane Society (IVHS) activities, including events in La Verne, key statistics on rescues and adoptions, and notable developments. The session will conclude with a showcase of animals in need of adoption, reinforcing the city’s commitment to animal welfare.
Inland Valley Humane Society - President/CEO Nikole Bresciani provided an annual overview of Inland Valley Humane Society (IVHS) activities, including events in La Verne.
Domestic Violence Awareness Month Proclamation - October is Domestic Violence Awareness Month, encouraging all residents to challenge the social norms that enable domestic violence, offer meaningful support to survivors, and acknowledge the dedicated efforts of those working to prevent and respond to this issue.
Council presented the proclamation to House of Ruth CEO Pat Bell.
Red Ribbon Week Proclamation - proclaiming the week of October 23 to 31, 2025 as Red Ribbon Week encouraging all citizens, schools, businesses, and community organizations to participate in activities and programs aimed at promoting drug-free living and creating a stronger, healthier future for our youth.
Council presented the proclamation to the Southland Young Marines: Leonard Soto, Maxwell Haddad, and Ethan Dillon after they performed the Pledge of Allegiance.
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.)
Received from: Adrian Romero, Kathy Kalousek, and Erin Beilstein.
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.)
After confirming that no items were pulled by Council and the member of the Public who had previously requested that Items 4, 5, and 6 be pulled was not present at the meeting, it was moved by Crosby, seconded by Kashifalghita, and approved by a vote of 5-0.
Minutes City Council 10/20/2025 Page 3
1. City Council
Minutes of the Closed Session & Regular meeting of October 6, 2025.
Recomm
endation: That the City Council approve the minutes. Approved
2. Register of Audited
Demands in the following amounts:
$2,157,197.66 dated 09/24/25
$156,852.06 dated 10/01/25
$2,581,459.02 dated 10/08/25
Recomm
endation: That the City Council approve the audited demands. Approved .
3. Joint
Tax Transfer Resolution - City of La Verne Reorganization 2024-03 – 406 Baseline Road Annexation. Joint Tax Transfer Resolution between Los Angeles County and the City of La Verne in relation to the recently proposed annexation at 406 Baseline Road.
Recomm
endation: That the City Council adopt the Joint Tax Transfer Resolution with the Coun
ty of Los Angeles regarding City of La Verne Reorganization 2024-03 for 406 Baseline Road Annexation. Approved
4. 2025
Legislative Session Update. Throughout the 2025 Legislative Session, the California Legislature proposed over 2,000 bills. Utilizing the City's Legislative Platform, City staff have taken a proactive stance, monitoring dozens of bills and submitting position letters for proposed legislation that will have the most impact on City functionality.
Recomm
endation: That the City Council receive and file the attached 2025 Legislative Session Advocacy Up
date. Approved
5. 2024
Homeland Security Program Subrecipient Agreement & Appropriation of Funds. The City of La Verne was awarded $84,550 in grant funding through the County of Los Angeles from the State Homeland Security Program (SHSP) for the Police and Fire Departments. The grant requires an agreement between the County and City before costs will be reimbursed.
Recomm
endation: That the City Council adopt a Resolution authorizing the City Manager to execute the stand
ard Subrecipient Agreement and all related documents between the County of Los Angeles and the City of La Verne and amend the Fiscal Year 2025-26 Adopted Budget by $84,550 to reflect the grant award. Approved
6. Quarterly Budget Report – Preliminary FY
2024-25 Year-End and FY 2025-26 First Quarter
Update This item receives and files the Quarterly Budget Report for the period of July 1 through October 10, 2025, which provides a preliminary unaudited year-end report for Fiscal Year 2024- 25 and a financial update for the first quarter of Fiscal Year 2025-26. The report summarizes revenues and expenditures by fund and department, including breakdowns of personnel, operational, and capital expenditures. The report focuses primarily on the General Fund, while also highlighting activity in other major funds such as the Water Operating Fund.
Recomm
endation: It is recommended that the City Council receive and file the Quarterly Budge
t Report covering activity from July 1 through October 10, 2025. Approved
PUBLIC HEARINGS
7. Publi
c Hearing Regarding the Request for Time Extension on Vesting Tentative Tract Map No. 82001 (500 Baseline Road). On October 6, 2025, the City Council adopted a resolution, setting the public hearing for October 20, 2025, to consider a one-year time extension to Vesting Tentative Tract Map (VTTM) No. 82001. The applicant has requested a one-year extension of the VTTM allowed in Section 66452.6 of the Subdivision Map Act.
Minutes City Council 10/20/2025 Page 4
Pursuan
t to City Code Section 16.16.210, the City Council may consider granting the requested extension during a noticed public hearing.
Recomm
endation: That the City Council adopt a Resolution granting a one-year time extensio
n on Vesting Tentative Tract Map No. 82001 pursuant to the provisions of Title 7, Division 2, Chapter 3, of the Government Code of the State of California, establishing the new expiration date of the VTTM No. 82001 as November 3, 2026.
City
Engineer Howing reported on this item.
Council Discussion/Comments: Council provi
ded various comments about the potential of
these homes.
Public
Comments: None
It was moved by
Johnson, seconded by Crosby, and approved by a vote of 5-0.
DISCUSSION CALENDAR
8. Award of Con
tract for Arrow Highway Urban Greening Project. This action will award a construction contract to Oppenheimer National in the amount of $318,500.00 for the Arrow Highway Urban Greening Project. The project will be funded by Urban Greening Grant Program funds for the improvements to five existing medians located along Arrow Highway from White Avenue to Fulton Road.
Recomm
endation: That the City Council:
1. Award a public works construction contract to Oppenheimer National, the lowest, most responsible bidder, in the amount of $318,500.00 for the Arrow Highway Urban Greening Project and authorize the City Manager to execute the agreement; and
2. Authorize the Public Works Director to issue change orders not exceeding 25% of the construction budget for a total possible construction contract cost of $389,125.00; and
3. Authorize the City Manager to issue a purchase order in the amount of $45,000 to RKA Consulting Group to manage the Construction Phase of the Project.
Out of an abundance of caution due to living off Arrow Highway adjacent to the proposed project, Council Member Lau recused herself and left the dais.
City
Engineer Howing reported on this item.
Council Discussion/Comments: Council has concerns regarding the condition of Arrow Highway, and whether Pomona could hel
p with the street, also it was suggested that SGVCOG
might be able to assist with funding. Mayor Hepburn was thankful for the extensive bidding process.
Public
Comments: Yvonne Gallegos
It was moved by
Johnson, seconded by Kashifalghita, and approved by a vote of 4-0, with Lau recused.
Minutes City Council 10/20/2025 Page 5
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 and within the subject matter jurisdiction of the City Council. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion later. Please email your public comment to the City Clerk's Office at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3-minute time limit on public comments.
Public Comment received from: Joe Gabaldon
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.
Council Comments: Council Member Crosby reminded residents to stay safe for Halloween, drive safely. Inquired regarding the pickleball court situation.
City Manager Domer gave a status update on mitigating the pickleball court noise, taking before and after noise readings, and the forthcoming installation of noise suppressing blankets along the west and north court fences.
Council Member Johnson had a great week, attended several meetings, felt that the meetings were productive with educating the public regarding negotiations.
Council Member Lau received a resident letter appreciating the Facilities and Public Works crew for their efforts to clean up the bus stop at Wheeler and Foothill and reiterated for residents to stay safe on Halloween. Thank you to the residents on Bonita Avenue who take great effort in decorating their homes.
Mayor Pro Tem Kashifalghita thanked staff for the very successful Trunk or Treat event and is looking forward to the Classic Car Show and Pumpkin Patch Show this Saturday. Thanked the Police Department and Fire Department for the recent handling of a difficult situation.
Mayor Hepburn encouraged all to read the legislative updates and support letters on the website.
Thanked staff for all the recent meetings regarding the water rate update. Clarified the process for ballots being picked up nightly by the LA County Election Workers.
ADJOURNMENT - meeting was adjourned at 7:56 PM.
Respectfully submitted,
Debra Fritz, CMC
Deputy City Clerk
City of La Verne
CITY OF LA VERNE
REGISTER OF AUDITED DEMA DS
10/15/2025
FY 25-26
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT
I. 75 1,372.49
2. 41 ,156.93
3. 29,429.14
4. 24,440.12
5. 15,542.16
6. 13,326.37
7. 9,202.19
8. 7,739.49
9. 7,383.00
10. 6,028.75
89,128.18
$ 994,748.82
ISSUED TO
THREE VALLEYS MUICIPAL WATER DIST
MOTOROLA SOLUTIONS, I C.
CALIFORNIA JPIA -EXCESS LIABILITY
TURF ST AR, INC.
ACE CAPITAL ENGi EERING
ATIONAL BUSINESS FURNITURE, LLC.
STRATEGIC CONTRACTING SERVICES
AQUATIC SERVICE. INC.
ENVIRONMENT CONTROL PUENTE HILLS
LSA ASSOCIATES, INC.
OTHER DEMANDS
DESCRIPTION
AUGUST 2025 WATER USAGE
RADIOS AND ASSOCIATED PROGRAMMI G
TRUST ACCOUNT REPLENISHME T
MAJOR FUEL REPAIRS TORO LAWNMOVER
FINAL PAYMENT FOR CDBG CITY HALL ACCESSIBILITY IMPROVEMENT PROJECT
OFFICE FURNITURE UPGRADE POLICE DEPARTMENT OFFICES
CREDIT CARD PURCHASES 9/04/2025-10/03/2025 (LA CLEAR)
XTHERM BEARING ASSEMBLY/ RA YPAK HEATER REPAIR/MAJNTENANCE SEPTEMBER/OCTOBER 2025 MAINTENANCE CITY HALL & PUBLIC SAFETY BUILDINGS JULY AND AUGUST 2025 3690 FRUIT ST. PROJECT
DEMANDS OF $2,350.00 WERE PAID ON BEHALF OF LA IMPACT FOR LAW ENFORCEMENT TASK FORCE OPERA TIO S.
CTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE A D ACCURATE REGISTER OF AUDITED DEMANDS.
Page I of3
CITY OF LA VERNE FY 25-26
REGISTER OF AUDITED DEMANDS - EXHIBIT A 10/ 15/25
CHECK NO. AMOUNT ISSUED TO
175066 1,977.95 AARDVARK
175067 1,070.06 ACT NOW SIGNS
175068 400.00 AJ'S ENTERTAINMENT
175069 200.00 AMERICAN TANK TESTING
175070 100.00 ANJANI QUIROZ
175071 7,739.49 AQUATIC SERVICE , INC.
175072 1,247.44 AT&T MOBILITY
175073 1,685.12 BADGE FRAME
175074 795.69 BLUECOSMO
175075 688.10 BREAK TIME YOGA , LLC
175076 150.00 BRENDA ARREOLA
175077 40.00 BURRO CANYON SHOOTING PARK
175078 2,352 .62 CHARTER COMMUNICATIONS
175079 100.00 CHERYL KROLL
175080 417.84 COLLEY FORD
17508 1 533.64 CUSTOM WATER, INC.
175082 3,348.62 DAT APROSE , INC.
175083 107.00 DIRECTV
175084 992.16 EISEN, ERICK
175085 212.00 EL CAMINO COMMUNITY COLLEGE DIST
175086 1,050.65 FACTORY MOTOR PARTS
175087 504.00 BRICKS 4 KIDZ
175088 4,118.22 FLORES, COLLEEN
175089 2,600.00 FRANCISCO JAUREGUI
175090 390.00 FRESHMOBILECA LLC
175091 550.61 ELIZABETH GARCIA
175092 100.00 GRADY DILLON III
175093 1,500.04 GWMA
175094 376.98 HEATH NORTHWEST
175095 3,278.05 HPS WEST , INC.
175096 2,283.90 INLAND EMPIRE STAGES, LTD.
175097 118.58 INNOVATION AND TECHNOLOGY DEPT.
175098 56.00 KYOCERA DOCUMENT SOLUTIONS WEST
175099 253.05 KYOCERA DOCUMENT SOLUTIONS WEST LLC
175100 150.00 LISETH HERRERA
175101 115.00 MONIQUE SIMISON
175102 41 ,156.93 MOTOROLA SOLUTIONS, INC.
175103 13,326 .37 NATIONAL BUSINESS FURNITURE, LLC.
175104 51.17 ODP BUSINESS SOLUTIONS, LLC
175105 102.00 PAOLA PEREZ
175106 4,325.16 PETERSEN, JEFFREY
175107 221.56 POST AL ANNEX
175108 1,844.00 PREMIER FAMILY MEDICINE AS SOCIA TES
175109 160.72 RATIU , ADRIANA
175110 158.60 REGIONAL TAP SERVICE CENTER
175111 2,079.06 ROY AL, JIMMY
175112 150.00 SABAH BUX
175113 327.15 SAM'S CLUB/SYNCHRONY BANK
175114 1,883.59 SEUBE, DARRYL L.
175115 675.45 SINATRA UNIFORM , INC.
175116 488.47 SITEONE LANDSCAPE SUPPLY, LLC
175117 14.60 SO CAL GAS CO
175118 1,943.25 SODEXHO AMERICA, LLC
175119 2,193.75 SOUTHERN CALIF . REG. RAIL AUTH.
175120 29.52 SOUTHERN CALIFORNIA EDISON
175121 1,274.65 SUPPLY SOLUTIONS
CITY OF LA VERNE FY 25-26
REGISTER OF AUDITED DEMANDS - EXHIBIT A I 0/15/25
CHECK NO. AMOUNT ISSUED TO
175122 388.03 T-MOBILE
175123 3,284.04 THOMPSON, MICHAEL
175124 2,578.89 TPX COMM UNI CATIONS
175125 304.00 TRANSUNION RISK & ALTERNATIVE DATA
175126 24,440.12 TURF ST AR, INC.
175127 735.38 U.S. ARMOR CORPORATION
175128 88.73 VERIZON WIRELESS
175129 237.99 WEXBANK
175130 2,629.99 WIGGINS, MIKE
175131 184.00 WILLY VALENZUELA
175132 720.00 WITHERS & SANDGREN LTD.
175133 3,500.00 360 INDUSTRIAL SERVICE GROUP, LLC
175134 18.90 FEDEX
EFT 2,648.04 BACA, MARK
EFT 29,429.14 CALIFORNIA JPIA -EXCESS LIABILITY
EFT 2,648.04 CAST ANON, DA YID
EFT 1,517.15 COLLEGIATE PRESS
EFT 2,468.74 COYLE, KEVIN
EFT 708.13 DAVID TAUSSIG AND ASSOCIATES, INC.
EFT 7,383.00 ENVIRONMENT CONTROL PUENTE HILLS
EFT 705.60 GIRON, ANTHONY
EFT 389.93 GRAINGER
EFT 360.00 GREENSCAPE MAINTENANCE SERVICES INC
EFT 3,440.37 HARRINGTON INDUSTRIAL PLASTICS, LLC
EFT 1,262.40 INTERSTATE BATTERY INLAND VALLEY
EFT 6,028.75 LSA ASSOCIATES, INC.
EFT 2,380.00 MARTIN SCHERER ELECTRIC , INC.
EFT 140.48 POTTS, YASMIN
EFT 471.00 PRECISION CONCRETE CUTTING
EFT 800.00 SOUTHLAND MECHANICAL, INC.
EFT 313.05 SUN BADGE CO.
EFT 1,525.00 THE COUNSELING TEAM INTERNATIONAL
EFT 751,372.49 THREE VALLEYS MUICIPAL WATER DIST
EFT 50.16 UNIVERSAL FLEET SUPPLY
EFT 844.12 WAXIE SANITARY SUPPLY
EFT 15,542.16 ACE CAPITAL ENGINEERING
EFT 9,202.19 STRATEGIC CONTRACTING SERVICES
994,748 .82
2,350 .00
Total Demand 997,098.82
LAIMPACT Law Enforcement Task Force Demands
175135 2,350.00 CODE 5 GROUP, LLC
EFT
Total 2,350.00
LAIMP ACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside ofLAIMPACT activities.
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
10/22/2025
FY 2025-2026
DEMANDS PRESE NTED HA VE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HA VE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY AND PROPER APPROVAL .
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT
I. 136,756.28
2. 28, I 82.55
3. 26,200.00
4. 21 ,363.13
5. 19,462.00
6. 18,665.00
7. 11 ,004.57
8. 10,323.00
9. 9,497.97
10. 8,273.75
112,346.00
$ 402,074.25
ISSUED TO
STRATEGIC CONTRACTING SERVICES
KTU&A
CALIFORNIA JPIA-INS PMTS, WC LIABILITY
INDUSTRIAL LOGICS ELECTRIC
INLAND VALLEY HUMANE SOCIETY
ACWA
QPRESS
GREENSCAPE MAINTENANCE SERVICES INC
LOS ANGELES COUNTY PUBLIC WORKS
BABCOCK LABO RA TORIES, INC.
OTHER DEMANDS
DESCRIPTION
PAYROLL 09/28/2025- 10/11/2025 (L.A. CLEAR)
SERVICE THRU 09/30/2025 LA VERNE PARK MASTER PLAN
EXCESS LIABILITY PROGRAM ADMINlSTRATION FEE 7/0l/2025-06/30/2025 REMOVAL AND INSTALLATIONS OF 16 LAMPS BONITA SPORTS PARK SEPTEMBER 2025 CONTROL AND CARE SERVICE
2026 ANNUAL AGENCY FEES
FALL 2025 RECREATION BROCHURE PRODUCTION
BACK FLOW REPLACEMENTS VARIOUS LOCATIONS AND B STREET REPAIRS IW LA VERNE SERVICE THRU SEPTEMBER 15, 2025
WATER TEST 7/22/2025-08/26/2025
DEMANDS OF $8,551 .59 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $1.154.53.27 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
FINANCE DIRECTOR
Page I of 4
CITY OF LA VERNE FY 2025-2026
REGISTER OF AUDITED DEMANDS - EXHIBIT A 10/22/2025
CHECK NO. AMOUNT ISSUED TO
175136 190.00 AARP
175137 6,911.69 ACP PUBLICATIONS & MARKETING
175138 18,665.00 ACWA
175139 500.00 AFFIRMATIVE ATHLETICS
175140 484.14 AIRGAS USA, LLC.
175141 150.00 ALISSA CASAS
175142 47.32 JASON BARRIOS
175143 85.09 BLOOMING VIEW
175144 458.48 BLUE-WHITE INDUSTRIES
175145 1,371.96 BREAUX, JOHN
175146 2,192.00 ST A TE OF CALIFORNIA
175147 1,104.00 RETIRED SENIOR VOLUNTEER PATROL
175148 2,667.50 CITY OF MONROVIA
175149 7,183.80 DIGIT AL SCEPTER CORPORATION
175150 6,689.59 ECONOLITE SYSTEMS , INC.
175151 583.69 FACTORY MOTOR PARTS
175152 52.75 FIRE ZONE EXTINGUISHER SYSTEMS
175153 125.64 FOOTHILL BUILDING MATERIALS
175154 569.96 FRONTIER COMMUNICATIONS
175155 1,128.36 GOLDEN STATE WATER COMPANY
175156 250.00 GRACIANO, MARK
175157 3,763.02 GRAPENTIN , JOHN
175158 2,255.12 HINDERLITER, DE LLAMAS & ASSOCIATES
175159 232.54 HOLLIDAY ROCK CO.
175160 21,363.13 INDUSTRIAL LOGICS ELECTRIC
175161 1,681.87 INLAND EMPIRE STAGES, LTD.
175162 19,462.00 INLAND VALLEY HUMANE SOCIETY
175163 1,953.27 YWCA SAN GABRIEL VALLEY
175164 72.75 IPERMITLLC
175165 500.00 JESALIE ACLUBA
175166 220.01 KILMER, BRITT ANY
175167 4,250.00 KLAUS & SONS PLUMB., HEATING & A/C
175168 82.00 LINDA JONES
175169 9,497.97 LOS ANGELES COUNTY PUBLIC WORKS
175170 78.97 OASIS DESIGN & CONSTRUCTION
175171 164.63 PEREZ, EUGENE II
175172 82.50 PSOMAS
175173 11,004.57 Q PRESS
175174 433.80 RA TIU, ADRIANA
175175 90.00 SAFESHRED COMPANY, INC.
175176 517.08 SO CAL INDUSTRIES
175177 1,000.00 SONIA WURTENBERGER
175178 2,005.30 SPRAGUES', INC.
175179 4,087.50 SUPERIOR COURT OF CA,COUNTY OF L.A.
175180 224.88 TRILOGY MEDWASTE WEST, LLC
175181 702.16 U.S. ARMOR CORPORATION
175182 4,730.00 UCLA CENTER FOR PREHOSPITAL CARE
175183 56.25 UNITED FIBER COMM, INC.
175184 1,210.32 WALTERS WHOLESALE ELECTRIC CO.
175185 484.82 WILLIAMS, CARL TON III
175186 349.99 CHARTER COMMUNICATIONS
175187 2,258.88 CHARTER COMMUNICATIONS
175188 542.13 IRMA MUNOZ
175189 42.28 SEY ADA KHASHADOORIAN
175190 4,999.00 SHADOWDRAGON HOLDINGS, LLC
EFT 1,171.30 ALL ST AR FIRE EQUIPMENT INC.
EFT 150.00 AM-TEC TOTAL SECURITY INC.
EFT 8,273.75 BABCOCK LABORATORIES , INC.
CITY OF LA VERNE FY 2025-2026
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
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
Total Demands
AMOUNT
2,118.43
2,080,07
2,382.03
26,200.00
141.00
852.00
1,268.31
2,045.74
10,323.00
1,508.87
28,182.55
163.08
209.09
6,852.07
7.50 2,611.35
149.26
141.00
172.43
535.00
275.82
4,532.22
3,432.67
7,729.72
136,756.28
402,074.25
1,154,513.27
8,551.59
1,565,139.11
ISSUED TO
BACA,MARK
BIEDERMANN, REBEKAH
BRENNTAG PACIFIC, INC.
CALIFORNIA JPIA-INS PMTS, WC LIABILITY
CORTEZ, ALYSSA
EMPLOY AMERICA-SOCIAL VOCATIONAL SRVC
FIRST-CITIZENS BANK & TRUST CO.
GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC
HASA, INC.
KTU&A
L.N. CUSTIS AND SONS
LA VERNE POWER EQUIPMENT, INC.
LIFE-ASSIST, INC.
PULIDO, DAISY
SALT WORKS, INC.
SANDERS LOCK & KEY
SAVAGE, HOLLIE
SHERWIN-WILLIAMS CO.
SOUTHLAND MECHANICAL, INC.
STILGENBAUER, ELIZABETH
VELOCITY EHS INC.
WESTERN WATER WORKS
WITTMAN ENTERPRISES, LLC.
STRATEGIC CONTRACTING SERVICES
Total Payroll and Employee Benefit Payments
Total LAIMPACT Demands
10/22/2025
CITY OF LA VERNE FY 2025-2026
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT
Payroll and Employee Benefit Payments:
175196 600.00
175197 150.00
BANK DRAWN 4.00
BANK DRAWN 684,528.08
BANK DRAWN 160,093.59
BANK DRAWN 53,271.03
BANK DRAWN 196,892.01
BANK DRAWN 25,350.70
BANK DRAWN 8,603.05
BANK DRAWN 9,805.62
BANK DRAWN 571.46
EFT 3,395.60
EFT 2,336.38
EFT 8,161.75
EFT 750.00
Total 1,154,513.27
ISSUED TO
CITY OF LA VERNE EMPLOYEE FUND
FIDELITY INVESTMENTS #P0754
UNITED WAY CAMPAIGN
PAYROLL 10/05/2025-10 / 18/2025
UNITED STATES TREASURY
STATE OF CALIFORNIA
ST A TE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC-457
EMPOWER TRUST COMPANY, LLC-ROTH
EMPOWER TRUST COMPANY, LLC-401A
STATE DISBURSEMENT BD0005689
LA VERNE FIRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOC.
CHARLES SCHWAB BANK
MISSION SQUARE
Break down of standard providers and the benefits they provide Provider Benefits Description
A.C. Newman Co.
Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasury
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Verne 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/garnishments 401A plan
457B plan
Roth plan
Replacement Social Security plan
Employee Group Dues
175191 3,677.31 BANKOFAMERICA
175192 2,350.00 CODE 5 GROUP, LLC.
175193 74.28 FEDERAL EXPRESS CORPORATION
175194 390.00 NUWA Y JANITORIAL SERVICES
175195 110.00 SOUTHLAND SHREDDING, INC.
EFT 1,950.00 FOOTHILL COMMUNICATIONS
Total 8,551.59
10/22/2025
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 LAlMPACT activities.
City of La Verne,City Council
Agenda Report
DATE: November 3, 2025
TO: Honorable Mayor and City Council
FROM: Christy Lopez, Finance Director
SUBJECT: QUARTERLY TREASURERS REPORT ENDING SEPTEMBER 30, 2025.
SUMMARY
The Quarterly Treasurer’s Report provides an overview of the City’s cash and investment holdings as of September 30, 2025. The report confirms compliance with the City’s investment policy as set forth in Administrative Regulation Number 215, the Statement of Investment Policy, and the State of California’s Government Code (GC) Section 53646.
RECOMMENDATION
That the City Council receive and file the Quarterly Treasurer’s Report for the period ending September 30, 2025.
DISCUSSION
The attached Treasurer’s Report is provided to the City Council in accordance with the City of La Verne Administrative Regulation No. 215, Investment Policy, and the State of California Government Code (GC) Section 53646. GC 53646 authorizes a quarterly report—or monthly if legislatively elected—to be submitted to the City Council detailing the City’s cash and investments, a statement of compliance with the Investment Policy, and confirmation of the City’s ability to meet pooled expenditure requirements for the next three months.
Pooled Cash and Investment Structure
The City holds cash and investments in a pooled cash account to efficiently manage and invest available funds. Rather than each fund maintaining separate bank and investment accounts, all cash is combined (or “pooled”) into a single treasury account.
This approach allows the City to:
• Maximize investment returns by investing larger combined balances. • Simplify cash management and reduce administrative costs. • Ensure liquidity to meet obligations across all funds.
At quarter-end, the City allocates interest and investment income back to each fund based on its proportionate share of the total cash balance in the pool, ensuring each fund receives its fair portion of earnings.
Fund Balance Reporting and Transparency
Quarterly Treasurers Report ending September 30, 2025., Page 2
Each fund’s balance can be viewed in the Monthly Fund Balance Detail, which is included in the Monthly Reports posted to the City’s website and provided to the City Council for review. These reports are presented after the month has been reconciled and are typically completed one to two months following the end of the reporting period. The reports can be accessed via the City's website www.laverneca.gov
/monthlyreports.
The most recent month available is May, as the Finance Department is currently completing the annual audit and finalizing year-end figures. Within the Monthly Reports is the Fund Summary. The Fund Summary from the May 2025 Monthly Report is attached. The City's investment portfolio consists of those fund balances identified in the Fund Summary, distributed between the long- and short-term investments based on expected use of those fund balances. As the City receives sales tax, property tax, and other allocations at various times of the year in larger amounts, those funds are invested in shorter-term investments or deposited into the City's extremely liquid accounts such as the Local Agency Investment Fund or California CLASS. The City, through its Finance Department, is constantly reviewing and working with our banks and investment advisors on moving funds when required to pay invoices, and to monitor investments. For example, in May 2025, approximately $26,616,654 is invested on behalf of LA IMPACT or other regional police agencies through the City's fiduciary role. Another $15,991,666 is assigned to various transportation related funds (Measure R, M, Proposition A, C, SB 1, Gas Tax, etc.). Overall, there are 52 funds which contribute to the Investment Portfolio. The General Fund, in the May 2025 Monthly Report, reported an ending balance of $13,100,143.
Portfolio Summary
As of the reporting date, the City’s total cash and investments amount to $128,631,663, with a market value of $104,425,778. The significant variance between par value and market value is primarily due to agency securities, which have a par value of $48.9 million but a market value of $25.6 million. This variance reflects rising interest rates, which reduce the present value of future cash flows for fixed-income securities. Because these securities are held to maturity and not intended for sale, the unrealized losses have no impact on the portfolio’s realized returns or liquidity.
Investment Composition
The investment portfolio is structured to prioritize safety, liquidity, and yield and is divided into two primary categories:
On-Call Deposits:
Totaling $31,151,663, these funds are held in various checking accounts and liquid investment pools to ensure immediate availability. Notable balances include California CLASS ($12.38M) and LA IMPACT in California CLASS ($13.44M).
Long-Term Investments:
Totaling $97,480,000 in par value with a market value of $73,274,115, these holdings include agency securities, U.S. Treasuries, municipal and corporate bonds, asset-backed securities (ABS), and certificates of deposit (CDs).
Quarterly Treasurers Report ending September 30, 2025., Page 3
Agency securities, corporate bonds, and U.S. Treasuries form the largest components of the portfolio, with market values of $48.9M, $21.18M, and $20.74M, respectively. Weighted average yields remain competitive, with many investments offering yields above 4%.
Investment Policy Compliance
The portfolio complies with all policy constraints related to credit quality, issuer limits, maturity limits, and sector allocations. The City Treasurer certifies that all investments conform to the current Investment Policy and applicable state regulations.
Conclusion
The City’s investment strategy remains prudent and diversified. The Treasurer’s Office continues to closely monitor interest rates and market trends to adjust the investment mix as necessary while maintaining the primary objectives of safety, liquidity, and yield.
FISCAL ANALYSIS
N/A
ENVIRONMENTAL ANALYSIS
N/A
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney.
ATTACHMENTS
1. Treasurer Report Tables for September 30, 2025
2. Fund Summary CLV Investment Portfolio May 2025
Report Prepared By:
Isabella Guzman, Senior Accountant
Par Value
Coupon
Rate
Moody's/
S&P Rating
Purchase
Date
Maturity/
Called Date
Days to
Maturity
Yield to
Maturity Cost Basis Market Value
On Call Deposits
Treasurer Checking Account - US Bank US Bank 2,009,653 N/A N/A N/A Demand N/A None 2,009,653 2,009,653 LA IMPACT - US Bank US Bank 507,856 N/A N/A N/A Demand N/A None 507,856 507,856 PFA La Verne Mobile Country Club (Payments)WFB Wells Fargo 256,414 N/A N/A N/A Demand N/A None 256,414 256,414 PFA La Verne Mobile Country Club (Rents) WFB Wells Fargo 50,716 N/A N/A N/A Demand N/A None 50,716 50,716 PFA Valley Rancho Mobile Home Park WFB Wells Fargo 224,483 N/A N/A N/A Demand N/A None 224,483 224,483 Local Agency Investment Fund - City LAIF 1,154,497 N/A N/A N/A Demand N/A 4.00% 1,154,497 1,154,497 Local Agency Investment Fund - LA IMPACT LAIF 1,016,627 N/A N/A N/A Demand N/A 4.00% 1,016,627 1,016,627 Charles Shwab Money Market - LA IMPACT Investments 0.00 N/A N/A N/A Demand N/A Market 0.00 0.00 Charles Shwab Bank Sweep Investments 0.00 N/A N/A N/A Demand N/A Market 0.00 0.00 Charles Shwab Premier Bank Sweep Investments 103,918 N/A N/A N/A Demand N/A Market 103,918 103,918 California CLASS Investments 12,387,028 N/A N/A N/A Demand N/A Market 12,387,028 12,387,028 California CLASS - LA IMPACT Investments 13,440,470 N/A N/A N/A Demand N/A Market 13,440,470 13,440,470 On-Call Deposits 31,151,663$ 31,151,663$ 31,151,663$
Investment Type Bank Security Name Par Value
Coupon
Rate
Moody's/
S&P Rating
Purchase
Date
Maturity/
Called Date
Days to
Maturity
Yield to
Maturity Cost Basis Market Value
Short-Term Investments (1 year or less)
Total Short-Term Investments -$ -$ -$
Long-Term Investments (2 to 5 years)
Agency Securities Charles Schwab FFCB 1% 10/07/2026 CALLABLE 2,000,000 1.000% Aa1 02/27/2024 10/07/2026 372 3.69% 1,822,345 1,945,470 Agency Securities Charles Schwab FHLB 2.5% 03/10/2027 CALLABLE 1,000,000 2.500% Aa1 02/16/2022 03/10/2027 526 3.70% 1,000,000 983,030 Agency Securities Charles Schwab FHLB 2.75% 03/25/2027 CALLABLE 3,500,000 2.750% Aa1 05/01/2024 03/25/2027 541 3.72% 3,288,450 3,451,028 Agency Securities Charles Schwab FHLB 3% 04/21/2027 CALLABLE 1,000,000 3.000% Aa1 03/24/2022 04/21/2027 568 3.77% 1,000,000 989,313 Agency Securities Charles Schwab FHLB 1.07% 06/04/2027 CALLABLE 3,000,000 1.070% Aa1 09/05/2024 06/04/2027 612 3.67% 2,795,440 2,871,561 Agency Securities Charles Schwab FFCB 1.77% 01/13/2028 CALLABLE 3,500,000 1.770% Aa1 09/06/2024 01/13/2028 835 4.00% 3,299,110 3,348,702 Agency Securities Charles Schwab FFCB 1.5% 03/23/2028 CALLABLE 3,500,000 1.500% Aa1 09/05/2024 03/23/2028 905 3.70% 3,248,010 3,314,535 Agency Securities Charles Schwab FHLMC 2.5% ZK8379 11/01/2031 7,500,000 2.500% Aa1 02/13/2024 11/01/2031 2,223 3.98% 1,231,121 1,253,916 Agency Securities Charles Schwab FHLMC 2.5% ZS8632 12/01/2031 7,500,000 2.500% Aa1 02/09/2024 12/01/2031 2,253 4.05% 1,136,420 1,154,571 Agency Securities Charles Schwab FEDERAL NTNL MORTGAG 2% FS0533 02/01/20322,600,000 2.000% Aa1 02/14/2024 02/01/2032 2,315 4.14% 1,212,106 1,223,323 Agency Securities Charles Schwab FEDERAL NTNL MORTGAG 1.5% MA4530 02/01/20322,600,000 1.500% Aa1 02/14/2024 02/01/2032 2,315 4.26% 1,255,885 1,285,427 Agency Securities Charles Schwab FHLMC 4.5% ZA4045 10/01/2033 5,500,000 4.500% Aa1 04/29/2025 10/01/2033 2,923 3.96% 670,566 667,045 Agency Securities Charles Schwab FEDERAL NTNL MORTGAG 3.5% FM9386 07/01/20364,000,000 3.500% Aa1 07/30/2025 07/01/2036 3,927 3.98% 1,522,756 1,503,611 Agency Securities Charles Schwab FEDERAL NTNL MORTGAG 2% FA1996 03/01/20381,750,000 2.000% Aa1 07/30/2025 03/01/2038 4,535 4.15% 1,602,354 1,575,143 Municipal Bonds Charles Schwab BARSTOW CALIF P 225,000 3.746% A+ 04/14/2022 06/01/2026 244 3.99% 225,540 224,636 U.S. Treasury Charles Schwab US TREASURY 4% 01/15/2027 900,000 4.000% Aa1 02/21/2024 01/15/2027 472 3.69% 889,957 903,340 U.S. Treasury Charles Schwab US TREASURY 3.875% 11/30/2027 2,750,000 3.875% Aa1 02/22/2024 11/30/2027 791 3.61% 2,724,618 2,764,502 U.S. Treasury Charles Schwab US TREASURY 3.625% 05/31/2028 3,000,000 3.625% Aa1 02/22/2024 05/31/2028 974 3.61% 2,918,546 3,000,234 U.S. Treasury Charles Schwab US TREASURY 4.625% 09/30/2028 3,000,000 4.625% Aa1 02/22/2024 09/30/2028 1,096 3.62% 3,025,595 3,084,140 U.S. Treasury Charles Schwab US TREASURY 4% 01/31/2029 3,000,000 4.000% Aa1 02/21/2024 01/31/2029 1,219 3.64% 2,962,433 3,032,578 U.S. Treasury Charles Schwab US TREASURY 3.625% 08/31/2029 3,000,000 3.625% Aa1 09/12/2024 08/31/2029 1,431 3.69% 2,995,100 2,992,734 U.S. Treasury Charles Schwab US TREASURY 4.375% 12/31/2029 3,100,000 4.375% Aa1 01/23/2025 12/31/2029 1,553 3.70% 3,098,336 3,180,406 U.S. Treasury Charles Schwab US TREASURY 3.875% 04/30/2030 1,775,000 3.875% Aa1 06/02/2025 04/30/2030 1,673 3.72% 1,778,081 1,786,371 Corporate Bonds Charles Schwab LOCKHEED MARTIN CORP 3.55% 01/15/2026 CALLABLE500,000 3.55% A2 02/27/2024 01/15/2026 107 4.24% 487,650 498,802 City of La Verne
Investment Detail
For the Month Ended September 30, 2025
Investment Type Bank Security Name Par Value
Coupon
Rate
Moody's/
S&P Rating
Purchase
Date
Maturity/
Called Date
Days to
Maturity
Yield to
Maturity Cost Basis Market Value
Corporate Bonds Charles Schwab CHEVRON 2.954% 05/16/2026 CALLABLE1,000,000 2.95% Aa2 02/08/2024 05/16/2026 228 3.97% 967,105 992,725 Corporate Bonds Charles Schwab AMERICAN EXPRESS CO VAR 10/30/2026 CALLABLE1,000,000 6.34% A2 02/08/2024 10/30/2026 395 5.36% 1,011,046 1,001,999 Corporate Bonds Charles Schwab JOHN DEERE CAPITAL C 4.5% 01/08/20271,000,000 4.50% A1 02/09/2024 01/08/2027 465 3.85% 997,995 1,008,153 Corporate Bonds Charles Schwab ENTERPRISE PRODUCTS 4.6% 01/11/2027 CALLABLE1,000,000 4.60% A3 02/07/2024 01/11/2027 468 4.00% 999,205 1,005,964 Corporate Bonds Charles Schwab THE GOLDMAN SACHS GR 3% 02/26/2027 CALLABLE250,000 3.00% A2 02/24/2022 02/26/2027 514 4.11% 250,000 244,936 Corporate Bonds Charles Schwab THE BANK OF NEW YORK VAR 04/26/2027 CALLABLE500,000 4.95% Aa3 06/03/2024 04/26/2027 573 4.75% 497,155 502,486 Corporate Bonds Charles Schwab GILEAD SCIENCES, INC 1.2% 10/01/2027 CALLABLE1,000,000 1.20% A3 02/08/2024 10/01/2027 731 3.88% 886,525 947,569 Corporate Bonds Charles Schwab CITIGROUP INC. VAR 01/10/2028 CALLABLE1,000,000 3.89% A3 02/06/2024 01/10/2028 832 4.89% 966,495 996,239 Corporate Bonds Charles Schwab THE WALT DISNEY CO 2.2% 01/13/20281,000,000 2.20% A2 02/08/2024 01/13/2028 835 3.81% 919,045 964,902 Corporate Bonds Charles Schwab UNITEDHEALTH GROUP I 5.25% 02/15/2028 CALLABLE1,000,000 5.25% A2 02/08/2024 02/15/2028 868 4.05% 1,016,471 1,027,004 Corporate Bonds Charles Schwab BRISTOL-MYERS SQUIBB 3.9% 02/20/2028 CALLABLE1,000,000 3.90% A2 02/09/2024 02/20/2028 873 3.89% 974,375 1,000,130 Corporate Bonds Charles Schwab JPMORGAN CHASE & CO. VAR 04/26/2028 CALLABLE1,000,000 4.32% A1 02/06/2024 04/26/2028 939 4.72% 979,605 1,002,394 Corporate Bonds Charles Schwab BANK OF AMERICA CORP VAR 07/21/2028 CALLABLE1,000,000 3.59% A1 02/06/2024 07/21/2028 1,025 4.63% 951,445 990,981 Corporate Bonds Charles Schwab THE GOLDMAN SACHS GR VAR 08/23/2028 CALLABLE1,000,000 4.48% A2 02/06/2024 08/23/2028 1,058 4.70% 981,065 1,005,910 Corporate Bonds Charles Schwab COMCAST CORP 4.55% 01/15/2029 CALLABLE1,000,000 4.55% A3 02/06/2024 01/15/2029 1,203 4.12% 995,895 1,012,588 Corporate Bonds Charles Schwab HONEYWELL INTERNTNL 4.25% 01/15/2029 CALLABLE1,000,000 4.25% A2 02/08/2024 01/15/2029 1,203 4.09% 987,975 1,005,166 Corporate Bonds Charles Schwab MORGAN STANLEY VAR 01/24/2029 CALLABLE1,400,000 3.77% A1 02/06/2024 01/24/2029 1,212 4.51% 1,339,582 1,385,878 Corporate Bonds Charles Schwab CISCO SYSTEMS, INC. 4.85% 02/26/2029 CALLABLE1,000,000 4.85% A1 10/16/2024 02/26/2029 1,245 4.02% 1,021,905 1,025,399 Corporate Bonds Charles Schwab MARSH & MCLENNAN COM 4.375% 03/15/2029 CALLABLE1,000,000 4.38% A3 10/16/2024 03/15/2029 1,262 4.09% 1,002,978 1,009,033 Corporate Bonds Charles Schwab WELLS FARGO & CO VAR 10/23/2029 CALLABLE950,000 6.30% A1 05/01/2025 10/23/2029 1,484 4.60% 1,005,158 1,005,792 Corporate Bonds Charles Schwab ABBVIE INC. 3.2% 11/21/2029 CALLABLE1,100,000 3.20% A3 05/14/2025 11/21/2029 1,513 4.13% 1,035,825 1,059,111 Corporate Bonds Charles Schwab CITIGROUP INC. VAR 03/20/2030 CALLABLE500,000 3.98% A3 08/05/2025 03/20/2030 1,632 4.71% 492,240 494,356 Asset Backed Securities* Charles Schwab CAPITAL ONE MULTI-AS 4.95% 223 10/15/2027 ABS1,200,000 4.95% AAA 04/30/2024 10/15/2027 745 4.16% 1,190,744 1,200,309 Asset Backed Securities* Charles Schwab CNH EQUIPMENT TRUST 3.89% 22B 11/15/2027 ABS1,100,000 3.89% Aaa 04/30/2024 11/15/2027 776 4.17% 378,336 384,955 Asset Backed Securities* Charles Schwab DISCOVER CARD EXECUT 4.31% 231 03/15/2028 ABS1,100,000 4.310% Aaa 04/30/2024 03/15/2028 897 4.10% 1,078,240 1,101,258 Asset Backed Securities* Charles Schwab ALLY AUTO RECEIVABLE 5.46% 231 05/15/2028 ABS1,100,000 5.460% Aaa 04/30/2024 05/15/2028 958 4.08% 758,079 764,760 Asset Backed Securities* Charles Schwab FORD CR AUTO OWNER T 5.09% 24A 12/15/2028 ABS1,100,000 5.090% Aaa 04/30/2024 12/15/2028 1,172 3.91% 1,092,377 1,111,856 CDs Charles Schwab AMERICAN EXPRESS BAN UT 4.9% CD 11/24/2025244,000 4.90% N/R 11/17/2022 11/24/2025 55 4.90% 244,000 244,299 CDs Charles Schwab CITY NTNL BANK CA 4.9% CD 11/24/2025244,000 4.90% N/R 11/15/2022 11/24/2025 55 4.90% 244,000 244,299 CDs Charles Schwab AUSTIN TELCO FEDERAL 5.05% CD 11/27/2026248,000 5.05% N/R 11/15/2022 11/27/2026 423 5.05% 248,000 251,895 CDs Charles Schwab SYNCHRONY BANK 4.25% CD 11/18/2027244,000 4.25% N/R 11/15/2022 11/18/2027 779 4.25% 244,000 247,354 Total Long-Term Investments 97,480,000$ 71,947,283$ 73,274,115$ Total Cash and Investments 128,631,663$ 103,098,946$ 104,425,778$ Ronald L. Clark
CITY TREASURER
I hereby certify that the investment activity for this reporting period conforms with the current investment policy as set forth in Resolution No. 24-67. Per government code requirements, there are adequate funds available to meet the City of La Verne's budgeted and actual expenditures for the next six months. *The variance between par and market value is primarily due to rising interest rates, which reduce the present value of future cash flows for fixed-income agency securities. As these securities are held to maturity and not intended for sale, the unrealized losses have no impact on the portfolio's realized returns or liquidity.
Portfolio Maturity Schedule
Sum of Market Value Investment Type
Maturity Range (Years) Agency Securities Asset Backed Securities* CDs Corporate Bonds Municipal Bonds U.S. Treasury Grand Total 0 488,599 488,599
0.5 1,491,527 224,636 1,716,162
1 1,945,470 251,895 1,001,999 3,199,364
1.5 8,294,932 2,761,539 903,340 11,959,811
2 1,585,263 247,354 947,569 2,764,502 5,544,688
2.5 6,663,237 1,866,018 4,990,669 3,000,234 16,520,158
3 1,111,856 1,996,891 3,084,140 6,192,887
3.5 5,438,064 3,032,578 8,470,642
4 2,064,902 2,992,734 5,057,637
4.5 494,356 4,966,777 5,461,133
6 2,408,487 2,408,487
6.5 2,508,750 2,508,750
8 667,045 667,045
11 1,503,611 1,503,611
12.5 1,575,143 1,575,143
Grand Total 25,566,674 4,563,136 987,847 21,187,516 224,636 20,744,306 73,274,115 Investment Policy Compliance
Category % of Portfolio Policy Limit Max Maturity In-Compliance Agency Securities 25,566,674$ 29.45% None 5 years YES
Asset Backed Securities* 4,563,136$ 5.26% 20% 5 years YES CDs 987,847$ 1.14% 30% None YES
Corporate Bonds 21,187,516$ 24.41% 30% 5 years YES
Mortgage Pools* -$ 0.00% 20% 5 years YES
Municipal Bonds 224,636$ 0.26% 20% 5 years YES
Schwab Money Market -$ 0.00% 20% N/A YES
U.S. Treasury 20,744,306$ 23.89% None 5 years YES
LAIF (Excl. LAI) 1,154,497$ 1.33% 75,000,000$ N/A YES
CalifoniaCLASS (Excl. LAI) 12,387,028$ 14.27% None N/A YES 86,815,641$
*Maximum maturity is measured on a weighted average life basis.
City of La Verne
Investment Detail
For the Month Ended September 30, 2025
0 1 2 3 4 5 6 7 8 9
0 0.5
1 1.5
2 2.5
3 3.5
4 4.5
6 6.5
8 11
12.5 Millions
U.S. Treasury
Municipal Bonds
Corporate Bonds
CDs
Asset Backed Securities*
Agency Securities
Investment Type
Maturity Range…
Sum of Market Value
- I
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City of La Verne
Portfolio Summary
As of Date: 9/30/2025
Account # x2663 & x5005
Bond Portfolio Characteristics Total Account Summary
Average Credit Quality AA
3.00 End Values as of
08/31/2025
End Values as of
09/30/2025
Bond Sector Breakout
Cols
Sector Avg YTM Avg Eff Dur
Agency 3.87 2.05
CMO/ABS 4.07 0.48
Corporate 4.30 1.97
Muni 3.99 0.65
Treasury 3.65 3.01
Average Coupon 3.41% Market Value $73,066,969.97 $73,378,033.51 Income Earned $136,388.40 $281,224.99
Average Market YTM 3.95% Cont/WD $0.00 $0.00
$97,480,000.00
Cost Value $71,586,647.25 $71,986,065.93
Weighted Average Life 2.37 Book Value $71,552,216.44 $71,947,283.16 Average Effective Duration 2.20 Par $97,005,000.00
0.15%
0.31%
1.34%
6.20%
28.34%
29.00%
34.66%
Cash
Muni
CD
CMO/ABS
Treasury
Corporate
Agency
Total Investment Allocation
3.91%
7.02%
24.04%
32.16%
24.48%
8.38%
0-.5 .5-1 1-2 2-3 3-4 4+
Bond Maturity Distribution
6%
67%
26%
Bond Credit Quality (NRSRO)
AAA AA A
2
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CITY OF LA VERNE
FUND SUMMARY: FISCAL YEAR 2024-25
May 2025
101-GENERAL FUND 20,215,282 39,938,223 47,053,362 13,100,143 104-PARAMEDIC SERVICE FUND - 960,084 934,781 25,302
107-MEASURE LV 8,811,795 3,991,111 3,023,600 9,779,306
110-CFAA REIMBURSABLE 160,845 2,163,361 2,272,378 51,829 206-GAS TAX FUND 3,250,597 830,595 2,354,090 1,727,102
207-ROAD MAINTENANCE REHABILITATION - SB1 3,227,130 746,557 1,361,271 2,612,416 208-TRAFFIC SAFETY 25,780 371,804 482,536 (84,952)
215-COMMUNITY DEVELOPMENT BLOCK GRANT - 191,337 188,596 2,741 216-CFD 90-1 - OPERATIONS & MAINTENANCE 1,086,484 1,760,836 1,312,171 1,535,149 217-EIFD 2,423,124 55,120 639,293 1,838,951
221-PEG 85,650 49,545 51,000 84,196
223-DOWNTOWN PARKING IN LIEU FUND 163,744 12,623 - 176,367 226-AFFORDABLE HOUSING FUND 1,918,609 63,572 20,000 1,962,181 229-LA VERNE HOUSING SUCCESSOR 2,565,830 44,699 187,500 2,423,029 230-LAI ASSET FORFEITURE FUND 10,718,889 799,293 767,879 10,750,303 231-POLICE ASSET FORFEITURE FUND 948,765 304,895 199,115 1,054,546 232-TRANSIT PROP A 1,444,005 762,253 525,852 1,680,406
234-TRANSIT PROP C 1,437,210 623,982 484,347 1,576,845
235-TRANSIT MEASURE R 1,717,826 490,462 94,477 2,113,811 236-TRANSIT MEASURE M 1,374,845 540,916 122,272 1,793,489 237-MEASURE A PARKS & OPEN SPACE - - 310,280 (310,280)
238-MEASURE W 3,536,322 672,621 44,985 4,163,958
243-MOBILE SOURCE AIR POLLUTION 537,554 43,870 220,977 360,447 244-PS - FACILITIES/EQUIPMENT 60,834 17,080 - 77,914
245-OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT 188,787 67,929 99,833 156,883 246-REGIONAL MAINTENANCE ASSESSMENT DISTRICTS 650,515 363,605 312,444 701,676 249-PCB MITIGATION 600,923 20,033 - 620,956
250-PS - FIRE EQUIPMENT 433,631 403,925 134,187 703,369 252-PS-LARGE BUILDING CFD 490,986 256,259 322,287 424,958 256-MHP-LV MOBL COUNTRY CL 3,501,361 - 470,000 3,031,361 257-MHP-VALLEY RANCHO 441,029 150,000 - 591,029
290-AMERICAN RESCUE PLAN ACT 2021 (3,108,736) 3,774,324 844,553 (178,965) 299-MISCELLANEOUS GRANTS (336,280) 306,029 111,070 (141,321) 405-GENERAL CAPITAL IMPROVEMENT FUND 3,519,787 186,870 716,409 2,990,249 406-RIGHT OF WAY MANAGEMENT FUND 4,405,674 - 278,524 4,127,150 410-UNDERGROUND UTILITIES 127,274 5,197 - 132,471
412-PARK DEVELOPMENT (671,100) 593,287 526,535 (604,348) 413-YOUTH SPORTS CIP FUND 144,111 23,883 15,546 152,448 419-STORM DRAIN 1,410,422 39,711 350,547 1,099,586
502-WATER UTILITY OPERATIONS (1,700,192) 11,390,001 10,509,693 (819,884) 507-WATER CAPITAL IMPROVEMENTS* 7,366,775 254,876 189,525 7,432,126 530-SEWER UTILITY OPERATIONS (799,416) 1,825,908 1,446,846 (420,354) 531-SEWER CAPITAL IMPROVEMENTS* 8,467,393 245,993 184,851 8,528,535 624-EQUIPMENT FUND* 1,899,489 2,171,960 1,712,989 2,358,461 625-RISK MANAGEMENT 878,448 63,068 179,764 761,752
730-REDEVELOPMENT OBLIGATION RETIREMENT FUND* (882,142) 119,864 428,365 (1,190,643) 758-LA IMPACT GENERAL FUND** 10,709,936 2,183,777 2,342,149 10,551,564 759-LA IMPACT ASSET FORFEITURE FUND** 2,807,383 433,110 1,895,176 1,345,317 760-LA IMPACT PENDING CONFISCATION** 3,107,856 803,082 115,994 3,794,944 770-LA HIDTA 4,981 5,019,752 6,021,065 (996,332)
771-RIO HONDO TRAINING 39,769 16,747 17,388 39,128
772-DOJ - BI 166,726 - 31,328 135,398
TOTAL ALL FUNDS 109,576,511$ 86,154,027$ 91,907,826$ 103,822,712$ **Funds 758, 759, and 760 are designated as LA IMPACT accounts and are maintained separately from the City Treasurer’s accounts. These funds have their own bank and investment accounts, which are not commingled with the City's general funds or other municipal accounts. All transactions within these accounts comply with the financial policies and reporting requirements specific toLA IMPACT operations.
FUND BEGINNING BALANCE REVENUES EXPENDITURES ENDING
BALANCE
*Funds 507, 531, 624, and 730 are considered non-spendable in city government because they are typically set aside for specific, long-term infrastructure projects or major equipment purchases. These funds are not available for general operations, as they are either committed to future capital outlays or tied up in non-liquid assets like construction-in-progress or equipment under development.
City of La Verne,City Council
Agenda Report
DATE: November 3, 2025
TO: Honorable Mayor and City Council
FROM: Cody Howing, City Engineer
SUBJECT: TRANSIT ORIENTED DEVELOPMENT PEDESTRIAN BRIDGE PROJECT:
CONSTRUCTION AND MAINTENANCE AGREEMENT WITH SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY AND SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS.
SUMMARY
The proposed pedestrian bridge crossing over Arrow Highway and the Metrolink San Bernardino Subdivision Track, providing connection between the La Verne A-Line Station and the Fairplex Campus, will require the execution of a Construction and Maintenance (C&M) agreement amongst the public agencies involved. This agreement outlines the roles and responsibilities of each agency involved and includes the City of La Verne, the San Gabriel Valley Council of Governments (SGVCOG), and the Southern California Regional Rail Authority (SCCRA/Metrolink).
RECOMMENDATION
That the City Council approve a Resolution authorizing the City Manager to enter into the Construction and Maintenance Agreement for the Transit Oriented Development Pedestrian Bridge Project with the San Gabriel Valley Council of Governments and the Southern California Regional Rail Authority.
DISCUSSION
The pedestrian bridge project that will provide a connection between the Metro A-Line (formertly Gold Line) Station is nearing completion for the design phase of work. The process has been ongoing for several years, and has included coordination with the adjoining properties that the bridge will touch. This coordination process has included meetings with stakeholders affected by the bridge at the earliest stage of the design process. With respect to the aerial crossing of the bridge over the Metrolink San Bernardino Subdivision tracks, an agreement has been identified as required for the construction and maintenance work on the project.
Inclusive of the attached agreement are the defined roles and responsibilities of each agency involved in the project scope. The SGVCOG is the lead agency for the design and construction phases of the project and thus will have heavy involvement in the details pertaining to the agreement. Following the construction phase, the City of La Verne will take over the ownership role of the facility and subsequent maintenance features of the agreement.
FISCAL ANALYSIS
This action will not result in any additional expenditure of funds by the City of La Verne. The City of La Verne and SGVCOG have a separate agreement for funding the project. Details of
Transit Oriented Development Pedestrian Bridge Project: Construction and Maintenance Agreement with Southern California Regional Rail Authority and San Gabriel Valley Council of Governments. , Page 2
the project funding and roles between the agencies are addressed in a separate agreement which was considered and approved at the November 18, 2024, City Council meeting.
The SGVCOG, as lead agency for the construction phase of this project, will carry the responsibility for paying the deposit fee for SCRRA’s support during the project construction period.
ENVIRONMENTAL ANALYSIS
Not Applicable.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution C&M Agreement, Transit Oriented Development Bridge Project
2. Exhibit A -C&M Agreement, Transit Oriented Development Pedestrian Bridge Project
Coordinated with:
Danny Wu, Director of Public Works
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, STATE OF
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AND MAITNENCE AGREEMENT FOR THE PURPOSE OF THE LA VERNE A-LINE TRANSIT ORIENTED DEVELOPMENT BRIDGE PROJECT.
WHEREAS, the City Council of the City of La Verne, State of California, approved on November 18, 2024 an agreement with the San Gabriel Valley Council of Governments (SGVCOG) outlining roles and responsibilities for the Transit Oriented Development Bridge Project; and,
WHEREAS, Pursuant to the terms said agreement between the City of La Verne and SGVCOG, the SGVCOG will serve as the lead agency for the construction phase of the project, and the City of La Verne will take over ownership and maintenance responsibility for the improvements constructed upon completion; and,
WHEREAS, the project improvements involve a bridge that crosses over Arrow Highway and the San Bernardino Subdivision rail line operated by the Southern California Regional Rail Authority (SCRRA); and,
WHEREAS, SCRRA requires that a Construction and Maintenance Agreement be in place for the project which establishes various responsibilities and requirements pertaining to the construction phase and ongoing maintenance efforts that will involve the City of La Verne; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. That the A-Line Station Transit Oriented Development Bridge Project will require ongoing maintenance following the completion of construction, the responsibility of which will be the City of La Verne as the owner agency.
Section 2. That the City Manager and City Clerk are hereby authorized on behalf of the City of La Verne to enter into an agreement with the SGVCOG and
Reso No. 25-XX Page 2 of 3
SCRRA for the Construction and Maintenance Agreement for the subject project, attached as Exhibit A.
Section 3. That said City Council does hereby find and determine that this project is categorically exempt from the California Environmental Quality Act, Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
Section 4. That the Mayor shall sign and the 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 3rd day of November, 2025.
Mayor Tim Hepburn
ATTEST:
Debra Fritz, CMC Deputy City Clerk
Reso No. 25-XX Page 3 of 3
I, Debra Fritz, Deputy City Clerk of the City of La Verne, Do HEREBY CERTIFY that Resolution No. 25-xx was duly passed and adopted by the said City Council at a meeting of the said Council held on the 3rd day of November, 2025 and passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Fritz, CMC, Deputy City Clerk
1 CONSTRUCTION AND MAINTENANCE AGREEMENT
For
LA VERNE A LINE TRANSIT ORIENTED
DEVELOPMENT
PEDESTRIAN BRIDGE
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND THE CITY OF LA VERNE
AT
SCRRA MILE POST 30.15 – SAN GABRIEL SUBDIVISION
US DOT No.: 977310U CPUC No.: 101SG-30.15-AD
IN THE
CITY OF LA VERNE,
LOS ANGELES COUNTY,
CALIFORNIA
This Construction and Maintenance Agreement ("AGREEMENT") is made and entered into as of the __________ day of __________, 2025, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd, Suite 1500, Los Angeles, CA 90017; the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS , a joint powers authority of the State of California, (hereinafter referred to as “SGVCOG”), to be addressed at 1333 S. Mayflower Avenue, Suite 360, Monrovia, CA 91016; and the CITY OF LA VERNE , a municipal corporation, of state of California, (hereinafter referred to as “CITY”), to be addressed at 3660 D Street, La Verne, CA 91750. SGVCOG, CITY, and SCRRA may each individually be referred to as “PARTY” and collectively as “PARTIES.”
RECITALS
WHEREAS, SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities Code section 130255 and California Government Code section 6500, et seq., to build, maintain,
2 administer, and operate the “METROLINK” commuter train system on SCRRA rights-of-way (ROW) owned by the member agencies and through other shared use and joint operation agreements. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (“METRO”), Ventura County Transportation Commission (“VCTC”), Orange County Transportation Authority (“OCTA”), San Bernardino County Transportation Authority (“SBCTA”), and Riverside County Transportation Commission (“RCTC”).
WHEREAS, SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area traversed by Arrow Highway. SCRRA and the “Operating Railroads” [as used herein “Operating Railroads" means any passenger or freight-related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this at-grade highway railroad crossing location on right-of-way owned by Los Angeles County Metropolitan Transportation Authority, in accordance with the Shared Use Agreement dated October 30, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the “Intercity Agreement.” WHEREAS, presently, the CITY occupies the METRO right-of-way with an at-grade highway railroad crossing that carries vehicular traffic traversing on Arrow Highway, CPUC No.101SG-30.15-AD, US DOT No. 977310U, across the tracks of the San Gabriel Subdivision at Mile Post 30.15 in the City Of La Verne, County of Los Angeles.
WHEREAS, The SGVCOG and CITY now desire to construct a new pedestrian bridge crossing over the existing SCRRA tracks (DOT No. 747329C) (“Pedestrian Bridge”). The new Pedestrian Bridge will have separate DOT/CPUC numbers from the existing at-grade crossing which include CPUC 101SG-30.15-AD and the DOT number 97310U. The Pedestrian Bridge will connect the future Metro Foothill Gold Line (Line A) La Verne Station with the Fairplex complex and will improve pedestrian safety by providing a safe path of travel for pedestrians crossing or moving east or westbound on Arrow Highway and crossing the railroad (“PROJECT”). The long-term development of the area will close the sidewalk on the north side of Arrow Highway, requiring pedestrians to use the bridge to continue their path of travel. A new concrete column will be installed at the median at Arrow Highway, supporting the bridge deck. The new columns for the pedestrian bridge will be installed outside of the SCRRA ROW and will meet the minimum clearance required by the CPUC and SCRRA. No changes are proposed for the existing at-grade crossing during the
3 construction of the PROJECT; it is anticipated to remain as current after the construction of the Metro Foothill Gold Line (Line A) station and Metro’s double track projects, the PROJECT is further described in Exhibit B-1. The location of the existing at-grade highway railroad crossing is shown on the location print marked as Exhibit B-2. The detailed plans of the PROJECT are to be included in this AGREEMENT and are collectively marked as Exhibit C inclusive.
WHEREAS, the SGVCOG is a joint powers authority of the State of California, that has entered into an agreement with the CITY to act as a lead agency in overseeing and managing the PROJECT through design and construction completion.
WHEREAS, after SGVCOG completes construction of the PROJECT, the CITY will maintain the Pedestrian Bridge.
The PARTIES desire to enter into this AGREEMENT to cover the PROJECT described above, and as contained in the Exhibits attached to and made a part of this AGREEMENT.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows:
Article 1 – List of Exhibits:
Exhibit A – SCRRA Standard Terms and Conditions
Exhibit B-1 – Detailed Description of Project
Exhibit B-2 – Railroad Location Print
Exhibit C – Project Plans
Exhibit D-1 - List of Contractor Submittals to SCRRA
Exhibit D-2 SCRRA Estimate
Exhibit E-1 – SCRRA Form 37, Rules and Requirements for Construction on Railway Property
Exhibit E-2 – SCRRA Form 6, Temporary Right of Entry Agreement, SCRRA Insurance Requirements and Access Control Management Plan
Exhibit F – GO-88-B
Article 2 –List of Definitions
SCRRA – Southern California Regional Rail Authority
CITY - City of La Verne
SGVCOG – San Gabriel Valley Council of Governments
4 PROJECT – La Verne A Line Transit Oriented Development Pedestrian Bridge, which is further described in Exhibit B-1.
PS&E – Plans, Specifications, and Estimate
SGVCOG WORK – Scope of work for San Gabriel Valley Council of Governments specifying key tasks as lead agency for design and construction of the PROJECT SCRRA Right-of-Way – METRO owned railroad property on which SCRRA is responsible operation and maintenance of the “METROLINK” commuter train system.
RWIC - Roadway Worker in Charge
RWP - Roadway Worker Protection
RE/PM - Resident Engineer/Project Manager
Absolute Work Windows - pre-scheduled, exclusive time periods during which train traffic is fully suspended on a specific section of track FORM B - To be referred to on the On-Track Safety Manual for Roadway Workers Track & Time - To be referred to on the On-Track Safety Manual for Roadway Workers
SCRRA WORK - Work to be performed by SCRRA during construction of PROJECT CROSSING AREA - Where SCRRA tracks cross Arrow Highway and land that is within SCRRA Right-of-Way
Railroad Zone of Influence - Area adjacent to or above/below Railroad Property in which construction activities, loads, or vibrations could affect the structural integrity, safety, or operations of railroad assets, including tracks, bridges, signals, or communication lines.
Railroad Property - Area of land owned by METRO
Work Window(s) - are as described in Exhibit E-1 - Form 37, Rules and Requirements for Construction on SCRRA Right of Way, Article 4.3.
Article 3 – Plans and Specifications:
3.1 SCRRA will prepare scope and estimate for the SCRRA WORK portion of the PROJECT to be performed by SCRRA, which will include general coordination, document reviews, construction inspections, and contract administration during construction of the PROJECT as more fully described in Exhibit D-2 – SCRRA Scope of Work and Estimate.
3.2 SGVCOG and CITY shall comply with all SCRRA Terms and Conditions that are described in Exhibit A, and Exhibits E-1 and E-2 , and other special guidelines that SCRRA may reasonably provide to SGVCOG for this PROJECT for any work performed by SGVCOG, CITY, or a contractor(s) to SGVCOG and/or the CITY.
5 3.3 SGVCOG has prepared the Plans, Specifications, and Estimates (PS&E) for the PROJECT, which includes the design of a multimodal pedestrian bridge, approximately 1,300 ft long, that crosses Arrow Highway above the SCRRA Right-of-Way and related appurtenances, which is more fully described in Article 6 of this Agreement (the “SGVCOG WORK”).
SGVCOG shall furnish and submit copies of the PS&E, along with the supporting calculations, to SCRRA during the design development, and at other times as requested by SCRRA during the progress of the design, for the review and approval of SCRRA, insofar as the PROJECT affects the SCRRA Property, facilities, safety, operation, or interests of SCRRA.
3.4 When work is within the SCRRA Right-of-Way all SCRRA standards, design criteria, and design procedures and guidelines current at the time of the final completion of the 100% PS&E shall be valid through construction duration, and the SGVCOG shall ensure that its contractors and consultants comply with said documentation at all times. Any additional work to the 100% PS&E shall comply with the SCRRA standards, design, and design procedures and guidelines current at the time of execution of the additional work.
3.5 SCRRA has reviewed the PS&E for the SGVCOG WORK to ensure general conformance with SCRRA standards and requirements within SCRRA Right-of-Way. No changes in the final approved PS&E of the SGVCOG WORK may be made within the SCRRA Right-of- Way unless SCRRA has consented to the proposed changes in writing. Approval by SCRRA shall mean only that the PS&E meet the standards of SCRRA, and such approval by SCRRA shall not be deemed to mean that the PS&E or construction is structurally sound and appropriate or that the PS&E meet applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof.
Article 4 – SCRRA Requirements:
4.1 SGVCOG and CITY, at no cost to SCRRA, shall comply and ensure that their employee(s), consultant(s), and contractor(s) comply, at all times when on or adjacent to the SCRRA Right-of-Way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as “REFERENCES,” as incorporated in this document as if they were set full in this paragraph, and incorporated in this
6 AGREEMENT by reference. These documents are described and can be accessed through SCRRA’s website www.metrolinktrains.com as the following:
General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA Member Agency Property
Applicable SCRRA Engineering Standards
SCRRA Right of Way Encroachment Application
SCRRA Right of Way Encroachment Process
SCRRA Form 6 Temporary Right of Entry Agreement
Standard Terms and Conditions – as set forth in this AGREEMENT – Exhibit A
4.2 This Agreement is not in lieu of the SCRRA’s Permitting and Right-of-Entry process. The SGVCOG and CITY and their respective consultants and contractors are required at all times to follow all SCRRA Form 6 requirements for any persons, work, or equipment upon the SCRRA Right-of-Way, and other applicable guidelines and directives, as found at:
https://metrolinktrains.com/about/agency/right-of-way/
Applicants must submit and execute SCRRA’s Form 6, and obtain formal SCRRA approval, prior to entering or beginning work on the SCRRA Right-of-Way and before SCRRA support services will be scheduled or provided including: Railroad Protection, SCRRA Cable and Signal Marking, and SCRRA Safety. Form 6 shall be submitted to:
4.3 SGVCOG and CITY and all employee(s), consultant(s), and contractor(s) employed by SGVCOG and/or CITY shall ensure compliance with the terms and conditions of the AGREEMENT for work specified in this Article. SCRRA requires all SGVCOG and City employee(s), consultant(s), and contractor(s) working on the PROJECT to attend the SCRRA Safety Training for Roadway Worker Protection (“RWP”), as a mandatory prerequisite to enter the SCRRA Right-of-Way or perform any work outside the SCRRA Right-of-Way with potential to affect rail operations and shall comply with the SCRRA Safety Rules while on the SCRRA Right of Way.
7 4.4 SGVCOG and CITY shall ensure that their contractor(s) coordinate and comply with Roadway Worker in Charge (RWIC) directions at all times, including standing down and securing any equipment as directed while a train passes by.
4.5 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA’s Efficiency Testing Program, in compliance with 49 CFR 214 – Railroad Workplace Safety Regulations and SCRRA Third Party Work Rules. The employee(s), consultant(s), and contractor(s) shall cooperate with SCRRA, Federal, and State representatives at all times. Disregard for, or failure to comply with, the requirements of 49 CFR 214 – Railroad Workplace Safety regulations, or SCRRA third- party safety requirements, may result in the removal of an offending individual(s) from the SCRRA Right-of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right-of-Entry Agreement.
4.6 SGVCOG will cause its Prime Contractor to be responsible for contracting directly with a Flagging Services Provider contracted to SCRRA for the provision of flagging and training services. On receipt of an executed Temporary Right of Entry Agreement, SGVCOG’s Prime Contractor shall provide a copy of the Agreement and SCRRA project number directly to SCRRA’s Flagging Services Provider as specified in the Agreement, contract directly with the Flagging Services Provider, and pay directly to the Flagging Services Provider, upon receipt of invoice, all costs associated with provision of flagging and training services. Services will not be provided prior to provision of an executed Temporary Right of Entry Agreement. SGVCOG acknowledges that the SCRRA estimate for Flagging and Training services contained in Exhibit D-2 is solely for their information and that SCRRA’s Flagging Services provider shall bill SGVCOG‘s contractor on an actual cost basis. SGVCOG further acknowledges that the contract between SGVCOG’s Prime Contractor and SCRRA’s Flagging Services Provider is for the provision and payment of Flagging and Training services only, and that all other terms, responsibilities, and statutory obligations of SCRRA’s Flagging Services Provider to SCRRA and legislative authorities, through direct contract to SCRRA for provision of railroad protection
8 services, remain in force for the duration of the said contract. SGVCOG will further enforce within its contract with its Prime Contractor, all obligations of SCRRA’s Flagging Services Provider to SCRRA under the provision of railroad protection services Contract, and the responsibility for payment by the Prime Contractor directly to the Flagging and Training Services Provider, for said services furnished.
SGVCOG and/or CITY shall notify SCRRA's Flagging Services Provider a minimum of three (3) weeks in advance of the daily flagging requirements for each week. Each RWIC shift shall consist of eight (8) hours of support with a period of up to one (1) hour at either end of the shift solely for the purpose of establishing or taking down protection as required. RWIC support shall be required at all times for any work within the SCRRA Right-of-Way or with the potential to foul the railroad.
4.7 SCRRA will not be responsible for the location and protection of any and all surface, sub- surface, and overhead utilities and structures, which will be addressed by separate agreement between SGVCOG and CITY. Approval of an application by SCRRA does not constitute a representation as to the accuracy of completeness of location or the existence or non-existence of any utilities or structures within the limits of this PROJECT. SCRRA is not a member of Underground Service Alert (DIGALERT). Before excavating, the applicant must determine whether any underground pipelines, electric wires, or cables, including signal and fiber optic cable systems, are present and located within the PROJECT work area by formally requesting SCRRA cable marking services, at SGVCOG’s sole cost and expense, a minimum of 15 days prior to proposed work, through providing proper request paperwork to [email protected].
To ensure cables and conduits have been marked, no work may proceed until a SCRRA cable marking reference number has been provided. The applicant’s contractor shall pot-hole to confirm location, alignment and depth of all services within the footprint of any proposed excavations and protect services in place, to SCRRA agreement, prior to commencing any excavation.
9 4.8 SGVCOG shall provide a full-time Resident Engineer/Project Manager (RE/PM) on the site of the work during construction. The RE/PM shall have experience similar to the field of the scope of the PROJECT, on active Commuter or Class I Railroad construction projects. The RE/PM must be an engineer licensed in the State of California and must have the authority to provide direction to the contractor(s) employed by SGVCOG, and to commit SGVCOG within a reasonable scope of authority.
It is expected that the RE/PM will:
Coordinate with SCRRA Staff and SCRRA Project Manager. Ensure contractor’s compliance with SCRRA Safety Rules. Support SCRRA Project Manager in ensuring appropriate permits and Site- Specific Work Plans are in place and approved before advancing construction. Stop any work whenever necessary to protect Life, Safety and railroad property. Be familiar with SCRRA Engineering Standards and Specifications. Reject materials and workmanship that do not conform to SCRRA Engineering Standards and Specifications.
Direct unacceptable work to be removed and replaced with acceptable work. Communicate and coordinate with the contractor and RWIC or flagging manager for scheduling flagging protection and Form B protection. Have a basic understanding of railroad operations. This includes Absolute Work Windows, Form B, Track & Time and potential impact from the construction to the train operations.
Communicate and coordinate with the contractor and SCRRA Project Manager for arranging Work Windows affecting railroad operational service. Ensure all work shall be performed per SCRRA On-Track Safety Manual, GCOR, Cal OSHA, and all other guidelines that may apply to the tasks being performed.
Inspector(s) shall document and notify the contractor and SCRRA of non- compliant work.
10 Monitor, inspect, and verify compliance with contract plans, specifications and special provisions on all aspects of grade crossing construction. Assist in coordinating the SGVCOG WORK.
Maintain the minimum levels of experience as follows:
Field experience from a minimum of five at-grade highway-rail crossings construction projects on an active Commuter or Class I Railroad.
The ability and willingness to work when construction occurs during nights and weekends when there is less train activity, subject to approval of SGVCOG.
Actual field experience in earthwork, pavements, striping, signage, fencing, track work, site utilities, drainage, concrete, and structural steel.
Experience in coordination of the SCRRA WORK and the SGVCOG WORK within the CROSSING AREA.
A basic understanding of the railroad signal system at the at-grade crossing. This includes the layout of the gates, loops, pull-boxes, conduits, houses and flashers, and order of which the elements at the crossing are installed.
4.9 SGVCOG will obtain approval from SCRRA for any construction phasing proposals, associated schedules, work plans, and expected operational impacts a minimum of thirty (30) calendar days before the commencement of any SGVCOG WORK that has the potential to affect SCRRA operations, services, equipment, infrastructure, Positive Train Control (PTC) systems, or safety procedures. All associated construction phasing plans, demolition and abandonment, track removal, replacement, and new installation must also be submitted for approval thirty (30) calendar days prior to the start of the work.
4.10 The CITY shall, unless otherwise specified, be responsible for all coordination, permits, licenses and agreements required by utility companies, third parties and statutory
11 authorities for the construction, testing, and integration into operational service of the PROJECT. SGVCOG shall, unless otherwise specified, have no responsibility for these services.
4.11 SGVCOG will coordinate with SCRRA for any public relations support services that may be required from SCRRA for public notification. The SGVCOG shall be responsible for all SCRRA costs for such support.
4.12 Unless previously approved by SCRRA, neither SGVCOG or CITY nor their respective officers, employees’ agents, assigns, contractors, or vendors shall interfere with the operation of Metrolink commuter train service.
4.13 SGVCOG will incorporate all requirements of this AGREEMENT, insofar as they pertain to construction, planning, coordination, and safety of operations on or about the SCRRA Right of Way, into the construction contract with the SGVCOG’s prime contractor.
SGVCOG shall further require that each of its contractors comply with all requirements of this AGREEMENT that pertain to construction, planning, coordination, and safety of operations on or about the SCRRA Right of Way.
4.14 All work within the SCRRA Right-of-Way will require railroad protective services, in accordance with Articles 4.1, 4.3, 4.4 and 4.6, unless specifically agreed in writing otherwise by the SCRRA PM.
Article 5 – Scope of Work and Estimate by the SGVCOG and CITY:
5.1 SGVCOG WORK to be performed by SGVCOG is described herein. CITY work to be performed by CITY is described in Article 8.
5.2 SGVCOG shall make any and all arrangements for the installation or relocation of wire lines, pipelines, advertising signs, and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than SCRRA, which may be necessary for the construction of the PROJECT. SCRRA shall not be responsible for any costs associated with these installations, relocations or takings.
12 5.3 SGVCOG shall be responsible for the removal and remediation of any and all contaminated or hazardous material encountered within the limits of the PROJECT and the CROSSING AREAS within each respective right-of way in accordance with applicable law or regulation.
5.4 At the completion of construction, SGVCOG and its consultants, at no cost to SCRRA, shall review, verify and prepare as-built drawings for provision to SCRRA.
5.5 The SGVCOG’s prime contractor will be responsible for contracting directly with a SCRRA authorized flagging services provider for flagging and training services. On receipt of an executed Temporary Right of Entry Agreement in the form provided in Exhibit E-2, SGVCOG’s prime contractor shall provide a copy of the Agreement and SCRRA project number directly to SCRRA’s flagging services provider as specified in the Agreement, contract directly through a Service Agreement with the flagging services provider, and pay directly to the flagging services provider, upon receipt of monthly invoice, all costs associated with provision of flagging and training services. Services will not be provided prior to provision of an executed Temporary Right of Entry Agreement.
5.6 The CITY shall be responsible for obtaining any required permits for any and all coordination, public outreach, traffic control, and appurtenant work necessary to complete routine maintenance repairs of the permanent bridge structure when within the SCRRA Right-of-Way once the PROJECT construction is completed and handed off to CITY at project closeout. Once construction is complete, SGVCOG shall have no further obligation or responsibility to maintain the Pedestrian Bridge or any related structures, facilities, or appurtenances associated with the PROJECT, and all obligations and responsibilities related thereto shall be the responsibility of CITY.
Article 6 – Scope of Work and Estimate by SCRRA:
6.1 SCRRA shall provide a Project Manager to support the PROJECT, including attending progress meetings and reviewing RFIs, work plans and schedules where the scope has the potential to affect SCRRA operations or, at the SGVCOG’s request, provide an overview of construction progress, ensure railroad operational safety and compliance
13 with SCRRA standards and procedures, support inspections and final walk-through and to generally provide coordination between the PARTIES and SGVCOG’s contractor.
SCRRA’s Project Manager shall respond to RFIs, work plans and schedules within twenty (20) working days of receipt. Where numerous documents are submitted simultaneously for review, SCRRA may request additional time beyond twenty (20) working days to respond, and the SGVCOG shall specify an order of priority upon submittal. SGVCOG shall review all documentation for accuracy and completeness prior to submittal to SCRRA for review. For all subsequent submittals that were initially deemed complete and require only minor comments or revisions, SCRRA’s Project Manager shall provide a response within ten (10) working days of receipt, rather than the standard twenty (20) working days.
6.2 SCRRA shall provide a part-time construction inspector to support the PROJECT, observe construction activities in, over, and adjacent to SCRRA right of way for compliance with approved Site-Specific Work Plans ("SSWP"), attend construction meetings, and observe construction activities for railroad operational safety and compliance with SCRRA standards and procedures.
6.3 At the end of any Work Window where PROJECT construction has impacted or altered the existing SCRRA railroad infrastructure or systems, SCRRA shall provide the support of its track, signal, and communication maintenance contractor for final inspection and acceptance into operational service of the infrastructure and systems affected by the construction. Any defects or unacceptable conditions preventing operational service shall be immediately addressed by the SGVCOG contractor responsible for the construction implementation.
Article 7 – Construction by the SGVCOG:
7.1 SGVCOG shall furnish, or cause to be furnished, all labor, materials, tools equipment, and superintendence for the performance of the SGVCOG WORK.
7.2 SGVCOG must supervise and inspect the operations of all SGVCOG contractors to ensure compliance with the Plans and Specifications approved by SCRRA, the terms of this
14 AGREEMENT, and all safety requirements of SCRRA. If SCRRA reasonably determines that SGVCOG personnel are not providing proper supervision and inspection at any time during construction of the PROJECT, or that activities of SGVCOG personnel are impacting SCRRA or freight railroad operations, SCRRA has the right to stop construction within, above, or adjacent to the SCRRA Right-of-Way. Construction of the PROJECT, within, above, or adjacent to the SCRRA Operating Right of Way will not proceed until SGVCOG corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being corrected in an expeditious manner, SCRRA will immediately notify SGVCOG, and SGVCOG agrees to institute immediate, appropriate corrective action. Should SGVCOG not address the situation expeditiously to the satisfaction of SCRRA, SCRRA shall address the situation with SCRRA’s own forces, which will be reimbursed by SGVCOG.
7.3 SGVCOG shall incorporate the requirements of Exhibits A, E-1, and E-2 into each prime contract for construction of the PROJECT. SGVCOG shall ensure that its contractor conforms with the requirements described in Exhibits A, E-1, and E-2, in order to avoid delay or damage to SCRRA operations, right-of-way, property, or other facilities, or the operations, property, or facilities of others occupying or using SCRRA Property. All work done by the SGVCOG, or its contractor(s), on the SCRRA Property, shall be done in a manner satisfactory to SCRRA.
7.4 SGVCOG, its officers, employees’ agents, assigns, contractors, and vendors shall immediately contact SCRRA in the event of any condition which might impact the safe operation of the railroad. The following are SCRRA’s emergency numbers:
Dispatch and Operations Center (888) 446-9715 Signal Emergencies and Crossing Problems (888) 446-9721
7.5 The operations of SGVCOG’s contractor are subordinate to the operation of trains on the SCRRA Right-of Way, whether passenger or freight. All work upon the SCRRA Right- of-Way shall be done at such times and in such a manner as not to interfere with or endanger SCRRA operations. SCRRA will reasonably cooperate with the SGVCOG
15 contractor such that the work may be handled and performed in an efficient manner, including as set forth in Exhibit D-2. SCRRA will strive to cooperate with SGVCOG and its contractor(s) such that the work may be handled and performed in an efficient manner, however, SGVCOG and its contractor(s) shall have no claim with SCRRA whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail operations.
SCRRA has established an annual Absolute Work Window (AWW) calendar, Exhibit G, that provides preset AWWs on the San Gabriel subdivision and which shall be utilized by SGVCOG’s contractor for planning any AWW requirements. Only these preplanned AWWS will be available for PROJECT construction. To facilitate scheduling for the PROJECT, SGVCOG shall require its contractor(s) to give SCRRA's Project Manager ninety (90) calendar days’ advance notice of the intent to utilize any of the preplanned AWWs.
Should it become impracticable to provide the preplanned Work Window on the dates established due to safety concerns, train operations, service obligations or other reasons provided in this Agreement, the next preplanned AWW will be utilized for performance of the work. SCRRA shall not be responsible for any additional costs and expenses resulting from a change in Work Windows.
SCRRA shall only agree to the use of Work Windows by SGVCOG’s contractor(s) upon advanced notice and with SCRRA’s approval, of contractor’s work plans, hour-by-hour schedule, and a contact list for all of the contractor’s supervisory staff throughout the entire period of the Work Window. Notwithstanding the foregoing, SCRRA shall make good faith efforts not to unreasonably delay the PROJECT.
Work Windows may also be available:
1. Work Window – Form B, may be available weekdays between 0800 hours and 1600 hours.
2. Work Window – Form B, may be available weekends between 0700 hours and 1900 hours.
16 3. Work Window – Track and Time, may be intermittently available nightly, Sunday through Thursday between 2000 hours and 0400 hours.
4. Work Window – Track and Time, may be intermittently available nightly, Friday from 2000 hours through Monday 0400 hours.
7.6 Current daily traffic volumes that apply to this PROJECT on SCRRA Property will be:
Type of Train Number of Trains Timetable Speed
Metrolink 44 40 MPH
The table of trains shown above represents the expected number of scheduled trains on a normal day through the PROJECT area and is subject to change. On certain days, the number of scheduled trains may vary, particularly on weekends and holidays. Certain trains may operate ahead of schedule and any of the trains may operate behind schedule, depending on operating conditions on a given day. Passenger and freight train schedules are re-issued as necessary throughout the year, and such re-scheduling is to be expected during the duration of the PROJECT. The most current timetable of scheduled Metrolink and Amtrak trains may be found at https://metrolinktrains.com/
7.7 SGVCOG shall ensure that throughout the period of any open or shored excavations being in place within the Railroad Zone of Influence, any directional drilling or jack and bore installations beneath the tracks within the Railroad Zone of Influence, or any drilling or pile driving adjacent to the tracks, its contractor shall monitor adjacent railroad track elevations throughout construction, to ensure that no settlement of the track occurs. SGVCOG shall immediately notify the SCRRA Dispatch and Operations Center on (888) 446-9715 or (909) 596-3584, and SCRRA PM should any settlement occur. All excavations, shoring, and monitoring shall comply with the requirements of SCRRA Design Criteria Manual Chapter 15. SGVCOG shall additionally ensure that its contractor furnishes a performance bond when any excavation, shoring, and support of excavation, or boring and jacking of pipe and casing may affect the stability of the railroad facility or track(s), or settlement of the soil around a pipe, as per the
17 requirements of Form 37, Section 5.11. All performance bonds shall be sent to the attention of:
Andy Althorp
Director - Construction
2558 Supply Street Building A, Pomona, California 91767 Email: [email protected]
Phone: (213) 494-8080
7.8 SGVCOG will ensure that its contractor fully protects the track and associated infrastructure from any potential concrete or slurry spillage, from piling arisings or other excavation arisings, that contractor activities do not generate excessive dust, and that any work above the SCRRA Right of Way is fully protected to ensure that there is no potential for materials or equipment to fall onto the SCRRA Right-of-Way beneath.
SGVCOG shall ensure that its contractor does not store materials or equipment upon the right-of-way which could foul the track, and that before any material/equipment is stored upon the right-of-way, SCRRA's written agreement is first secured, with a clear access path for maintenance or emergency vehicles constantly available.
7.9 As agreed between SGVCOG and SCRRA, any salvaged material required for reuse by SCRRA within the SCRRA network shall be delivered by the contractor to SCRRA Property premises.
7.10 SGVCOG must advise the SCRRA Director - Construction in writing of the proposed completion date of the PROJECT sixty (60) days in advance of such completion date, to allow for a meeting and punch list walkthrough a minimum of forty five (45) days prior to completion to be undertaken between SGVCOG, Contractor, and SCRRA to inspect and record any outstanding work items, deficiencies or corrections required. At completion and prior to SCRRA acceptance of the PROJECT into operational service, a further walkthrough will be arranged between all said parties to ensure all outstanding punch list items, defects, omissions, site clean-up, and removal of materials/equipment with the potential to affect railroad operations have been addressed to SCRRA’s
18 satisfaction. SGVCOG shall then formally report to the SCRRA Director - Construction, in writing, the completion of the PROJECT, within thirty (30) days of completion date.
7.11 SGVCOG will provide SCRRA within sixty (60) days of final completion, copies of all as- constructed documentation and records pertaining to the PROJECT insofar as they relate to the railroad systems and infrastructure, to include, but not necessarily limited to:
As-constructed plans and shop drawings
7.12 Upon PROJECT completion and acceptances required hereunder, SGVCOG shall have no further obligation or responsibilities under this AGREEMENT, except as is otherwise set forth herein.
7.13 If SCRRA determines that a work stoppage is necessary due to safety, operational, or policy concerns, it shall provide written notice to the SGVCOG and its contractor identifying the reason, scope, and expected duration of the stoppage. Except in emergencies, SCRRA will make reasonable efforts to provide advance notice. Upon notification, the SGVCOG and its contractor shall immediately suspend affected activities and secure the site as needed. The parties will meet promptly to review the issue and develop a corrective action plan. If resolution is not reached within a reasonable period, the matter shall be escalated to senior representatives for good faith negotiations, followed by mediation or other agreed-upon dispute resolution processes if needed. If the stoppage is not caused by the SGVCOG and its contractor’s non-compliance, the parties will negotiate appropriate adjustments to the project schedule and any justified cost impacts.
7.14 SGVCOG and its contractor shall notify SCRRA five (5) working days in advance of any construction affecting a roadway, sidewalk or median islands, if that construction activity is to occur within the SCRRA Right-of-Way during construction of the PROJECT. Any SCRRA flagging or inspection deemed by SCRRA to be required to protect railroad tracks or the traffic moving thereon shall be paid for by SGVCOG during construction of the PROJECT.
Article 8 – Maintenance:
19 8.1 Upon completion of construction of the PROJECT, The CITY will notify SCRRA Project Manager, within (5) days of their acceptance of the PROJECT.
8.2 Upon completion of construction of the PROJECT by SGVCOG and acceptance by CITY, the CITY will accept, operate, and maintain, at its sole cost and expense, the following portions of the PROJECT that are outside of the SCRRA Right-of-Way:
The roadway including the “Arrow Highway” roadway approaches, curbs, gutters, sidewalks and appurtenances thereto;
The “Arrow Highway” roadway approach lighting;
The roadway drainage structures, storm drain laterals, and collecting storm drains;
The “Arrow Highway” roadway signage and striping;
Any street improvements, including street lighting, sidewalks, curb and gutters, detectible warning strips, channelization devices for pedestrians (fencing and handrailing), pavement striping and markings (traffic and pedestrian), raised pavement markers, raised medians, traffic signals, and signage within the at-grade highway-railroad crossing areas. This work shall be done pursuant to CPUC General Order 72-B.
All other work constructed by the PROJECT as it specifically relates to vehicular and pedestrian use of the roadway crossing.
The pedestrian bridge, including all portions within or adjacent to SCRRA right-of-way, and all structural elements that may affect SCRRA operations or the railroad environment.
8.3 If in the future, the CITY elects to modify the existing crossing(s) by widening or replacement of crossing surface(s), then a separate agreement shall be negotiated and executed between SCRRA and CITY.
8.4 The CITY shall incorporate the requirements of Exhibits E-1 and Exhibit E-2 into its maintenance contracts and shall ensure that its contractors comply with these requirements. The CITY shall exercise its authority under such contracts to protect
20 SCRRA’s operations, right-of-way, property, and facilities, as well as those of other users within the CITY's right-of-way. All work performed by the CITY or its contractors within SCRRA right-of-way shall be conducted in a manner satisfactory to SCRRA.
Article 9 – Distribution of Costs:
9.1 If the SGVCOG will be receiving any federal funding for the PROJECT, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this AGREEMENT by reference, and construction work by the SGVCOG and contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide.
9.3 Notwithstanding any provision of 23 CFR 210, the SGVCOG agrees to assume, in accordance with 23 CFR 210 (d), all responsibility for any and all shares of the cost for which SCRRA might otherwise be responsible. SCRRA shall not, in any event, be required to commit its own funds or that of its member agencies to the PROJECT.
Article 10 – Payment for SCRRA Work:
10.1 SCRRA shall invoice SGVCOG, within fifteen (15) calendar days of execution of this AGREEMENT, and SGVCOG shall pay to SCRRA within thirty (30) calendar days of date of invoice, a deposit of $61,417, representing one quarters’ worth of SCRRA Project support costs as shown in Exhibit D-2. SCRRA shall retain the deposit to cover support costs and invoice SGVCOG quarterly for all expenses incurred, with accompanying quarterly progress statements detailing the scope and costs of the SCRRA WORK performed by SCRRA under this AGREEMENT, with SGVCOG reimbursing SCRRA in full within thirty (30) calendar days of date of quarterly invoices. SCRRA shall then use the deposit as a draw down to cover PROJECT costs for the final quarter of support, with any remaining balance being returned SGVCOG, or additional expenses due to SCRRA being paid by SGVCOG, at completion of PROJECT.
21 10.2 Once the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount estimated in Exhibit D-2 or the total deposited to date, whichever is the lesser, and SCRRA determines that additional funds will be needed to complete the PROJECT, SCRRA shall notify the SGVCOG and provide an updated estimate for approval. Once approved by the SGVCOG, an amendment to this AGREEMENT shall be executed to fund the additional estimated cost.
10.3 SCRRA will submit quarterly statements of costs incurred by SCRRA for review by SGVCOG. SGVCOG shall review the statement for conformance with the applicable provisions of 48 CFR 31 or the requirements of the funding agreements within Twenty (20) business days and provide SCRRA with written approval, comments and/or objections in writing.
Progress statements shall be sent to:
Name: John Beshay, PE
Title: Assistant Director of Capital Projects
San Gabriel Valley Council of Governments
1333 S. Mayflower Ave., Ste. 360
Monrovia, CA 91016
[email protected]
10.4 Until SCRRA receives formal approval of its final overhead rates, the Federal Transit Administration provisional overhead rate will be provided for cost estimation and budgeting purposes. SCRRA will invoice utilizing the Federal Transit Administration provisional overhead rate until the Federal Transit Administration, SCRRA’s cognizant audit Agency, has approved the final rate at the completion of its audit, at which time SCRRA will reconcile all previous invoices and make adjustments where appropriate.
Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send SGVCOG a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown in Exhibit D-2.
22 10.5 SCRRA, if it so elects, may recalculate and update the SCRRA WORK Estimate submitted to the SGVCOG in the event the SGVCOG does not commence construction on the portion of the PROJECT located on the SCRRA Right-of-Way within twelve (12) months from the execution date of this Agreement.
10.6 Notwithstanding the amount of the RAILROAD WORK provided by SCRRA, the SGVCOG agrees to reimburse SCRRA for one hundred percent (100%) of all actual costs incurred by SCRRA in connection with the PROJECT, including, but not limited to, actual costs of engineering review, coordination, construction inspection, flagging or other protective service, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall include direct and indirect overhead costs) associated therewith.
Article 11 – Contractor’s Right of Entry Permit and Insurance:
11.1 Entry onto the SCRRA Right of Way by SGVCOG, the CITY or their respective contractor(s) shall at all times be subject to the then-current requirements for entering the SCRRA Right-of-Way and the SCRRA procedures and requirements for securing railway flagging or other protective services as set forth in this paragraph or as required by State or Federal law – see Article 5.
SGVCOG and the CITY shall require their respective Contractor(s) who are to perform construction or maintenance under this Agreement, who shall require access onto the SCRRA Right-of-way, or to perform activities that have the potential to foul railroad operations, to comply with the provisions identified below:
a) Execute SCRRA "Form 6 – Right of Entry Agreement" or similar form of agreement as adopted by SCRRA at the time that any future work is performed without modification. A copy of SCRRA’s Form 6, as currently adopted by SCRRA, is included with this AGREEMENT as Exhibit E-2. Form 6 shall be submitted to:
23 b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying SCRRA "Form 6 – Right of Entry Agreement" and as described in Exhibit E-2.
c) For all personnel working on or adjacent to the SCRRA Right-of Way, attend and pass the SCRRA Safety Training for Roadway Worker Protection.
11.2 Neither SGVCOG, nor the CITY may self-insure any portion of the insurance coverage for work performed by the employees of SGVCOG or the CITY without the prior approval of SCRRA.
11.3 Under no circumstances will personnel, equipment, or material of a contractor(s), SGVCOG or CITY be allowed on the SCRRA right-of-way until the required insurance is provided, the right-of-entry is approved and signed by SCRRA and flagging or other protective services have been arranged.
11.4 All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Right-of-Way Coordinator
SCRRA – Pomona Office
2700 Melbourne Ave
Pomona, CA 91767
Email: [email protected]
clearly defining the PROJECT and scope of work to which the insurance refers.
Article 12 – Effective Date; Term and Termination:
12.1 This AGREEMENT shall become effective as of the date signed by ALL PARTIES and shall continue in full force and effect for as long as the pedestrian bridge exists.
24 12.2 In the event the SGVCOG does not commence construction on the portion of the PROJECT located within the SCRRA Right-of-Way within twelve (12) months of the EFFECTIVE DATE of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective thirty (30) days after delivery of written notice to SGVCOG.
12.3 SCRRA may suspend its performance under this AGREEMENT if it becomes impracticable to proceed because of a lack of PROJECT funding or restrictions on the distribution of funds.
12.4 If the AGREEMENT is terminated or suspended for any reason, SGVCOG shall pay to SCRRA all actual costs incurred by SCRRA or its Contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA, including allocated overhead in connection with SCRRA WORK.
Article 13 – Conditions Precedent to Start of Work:
13.1 Neither SGVCOG nor any contractor(s) retained by SGVCOG or CITY may commence any work within, or with the potential to foul, the SCRRA Right-of-Way until:
a) SCRRA, CITY, and SGVCOG have executed this AGREEMENT. b) SGVCOG has deposited required advance funds with SCRRA as provided for in Article 10.
c) SCRRA has provided written approval of the Plans and Related Documents to SGVCOG.
d) Each contractor has executed SCRRA "Form No. 6 -Temporary Right-of-Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, or a combination thereof set forth in the "Form 6 -Temporary Right-of-Entry Agreement and this AGREEMENT. Should SGVCOG’s prime contractor elect to provide insurance and indemnification for all of its subcontractors then only the prime contractor shall obtain the Form No. 6 Temporary Right-of-Entry Agreement. Application for Temporary Right-of-Entry
25 Agreement shall include the Contractors Access Control Management Plan, Exhibit E-2.
e) SGVCOG, CITY, and their respective contractor(s)’ personnel working on or adjacent to the SCRRA right-of-way have attended and passed the SCRRA Safety Training for Roadway Worker Protection as specified in Article 4.
Article 14 – Indemnification:
14.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA’s board members, member agencies, officers, agents, volunteers, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SGVCOG and CITY under or in connection with any aspect of the PROJECT WORK and authority or obligation agreed to by the SGVCOG and CITY under this AGREEMENT. The SGVCOG and CITY shall indemnify, defend, and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractor(s), and employees (“SCRRA Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnitees arising out of or connected with any negligent acts or omissions on the part of the SGVCOG, CITY, or their respective councils, officers, agents, contractor(s), or employees under or in connection with any aspect of the PROJECT, SGVCOG WORK, and CITY WORK, authority, or obligation agreed to by the SGVCOG and CITY under this AGREEMENT. SGVCOG will require its contractors to name SCRRA as an additional named insured, as well as its Member Agencies and others identified in Contractor’s Right of Entry Agreement (Form 6), on all insurance policies, except workers compensation, relating to construction of the PROJECT. CITY will require its contractors to name SCRRA as an additional named insured, as well as its Member Agencies and others identified in Contractor’s Right of Entry Agreement (Form 6), on all insurance policies, except workers compensation, relating to maintenance of the PROJECT. All such insurance policies maintained by SGVCOG, CITY, and their contractors shall include a waiver of subrogation in favor of SCRRA, its Operating Railroads, and the SCRRA
26 Indemnitees. This indemnity shall survive completion of the PROJECT, SGVCOG WORK, RAILROAD WORK, and termination of this AGREEMENT. Notwithstanding, SGVCOG shall have no liability or indemnity or defense obligations arising out of CITY WORK or CITY’s maintenance obligations under this AGREEMENT, which shall be the sole obligation of CITY.
14.2 Neither the SGVCOG, CITY, nor their respective councils, officers, agents, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any SCRRA WORK and authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend, and hold harmless SGVCOG and CITY, as well as their respective councils, officers, agents, contractor(s), and employees (“SGVCOG and CITY Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SGVCOG and CITY Indemnitees arising out of or connected with any negligent acts or omissions on the part of SCRRA, its board members, officers, agents, volunteers, contractor(s), or employees under or in connection with any aspect of the SCRRA WORK, authority, or obligation agreed to by SCRRA under this AGREEMENT. SCRRA will require its contractors to name SGVCOG, its member agencies, and CITY as additional named insureds on all insurance policies, except workers compensation, relating to work SCRRA performs in connection with the PROJECT. All such insurance policies maintained by SCRRA and its contractors shall include a waiver of subrogation in favor of SGVCOG, CITY, and the SGVCOG and CITY Indemnitees. This indemnity shall survive completion of the PROJECT, SGVCOG WORK, CITY WORK, SCRRA WORK, and termination of this AGREEMENT.
14.3 In contemplation of the provisions of Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code section 895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, will assume the full liability imposed upon it or any of its officers, agents, or employees by law
27 for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of section 895.2 of such code. To achieve this purpose, each other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said section 895.2. The provisions of Civil Code section 2778 are made a part hereof as if incorporated herein.
Article 15 – General Provisions:
15.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of at-grade highway railroad crossing at Arrow Highway, whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of SGVCOG, CITY, and SCRRA.
15.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes, and revisions to this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the SGVCOG, CITY, and SCRRA.
15.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and agreement between them regarding the subject matter of this AGREEMENT. There are no representations, agreements, arrangements or understandings, oral or written, between the PARTIES relating to the subject matter of this AGREEMENT, which are not fully expressed herein.
15.4 The PARTIES to this AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645.
If funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be open to inspection and audit by representatives of the State and FHWA for three (3) years after FHWA payment of final invoice. Furthermore, each PARTY shall make all records available for audit by SCRRA, CITY, or SGVCOG, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit principles and
28 standards as set forth in 48 CFR, Chapter 1, Part 31.
15.5 In addition to the specific provisions of this AGREEMENT, delay in performance by any PARTY hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the PARTY claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than thirty (30) calendar days after the commencement of the cause, the period shall commence to run only thirty (30) calendar days prior to the giving of such notice.
15.6 SGVCOG, CITY, and SCRRA shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.
15.7 Neither this AGREEMENT, nor any of the PARTIES’ rights, obligations, duties, nor authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES. Any such attempted assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
15.8 The execution and delivery of this AGREEMENT by each PARTY and the consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY.
15.9 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of this AGREEMENT and the balance of this AGREEMENT shall remain in effect.
29 15.10 This AGREEMENT shall be construed and interpreted under the laws of the State of California.
15.11 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT.
15.12 The RECITALS set forth above are incorporated into this AGREEMENT.
15.13 This AGREEMENT may be executed in counterparts and by the PARTIES hereto is separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same AGREEMENT.
15.14 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given three (3) business days after deposit in the United States mail, or five (5) calendar days after such mailing, whichever occurs first, when addressed as provided herein. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows:
City of La Verne SGVCOG SCRRA
Ken Domer
City Manager
Marisa Creter
Executive Director
Andy Althorp
Director, Construction
City of La Verne San Gabriel Valley Council of
Governments
Southern California Regional Rail
Authority
3660 D St. 1333 S. Mayflower Avenue,
Suite 360
2558 Supply Street, Building A
La Verne, CA 91750 Monrovia, CA 91016 Pomona, CA 91767 E-mail:
[email protected]
Telephone:
E-mail: [email protected]
Telephone:
E-mail: [email protected]
Telephone: (909) 593-6973
30 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL APPROVED AS TO FORM:
RAIL AUTHORITY
By: ________________________________ By: ______________________________ Darren M. Kettle Don O. Del Rio
Chief Executive Officer General Counsel
Date: ________________________________ Date: ______________________________
SGVCOG APPROVED AS TO FORM:
By: ______________________________ By: ______________________________ Marisa Creter Cassie Trapesonian
Executive Director General Counsel
Date: ________________________________ Date: ______________________________
City of La Verne APPROVED AS TO FORM:
By: ______________________________ By: ______________________________ Ken Domer
City Manager General Counsel
Date: ________________________________ Date: _____________________________
31 EXHIBIT A
SCRRA STANDARD TERMS AND CONDITIONS
SECTION 1 - CONDITIONS AND COVENANTS
a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances.
Any lines constructed on the SCRRA right-of-way by or under authority of the SGVCOG for the purpose of conveying electric power or communications incidental to the SGVCOG use of the right-of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right-of-way. No non-PARTY shall be admitted by the SGVCOG to use or occupy any part of the SCRRA right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent.
b) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The SGVCOG and CITY shall not damage, destroy, or interfere with the right-of-way or rights of nonparties in, upon, or relating to the SCRRA right-of- way, unless the SGVCOG or CITY at their own expense settles with and obtains releases from such nonparties.
c) SCRRA and its member agencies reserve the right to use and to grant to others the right to use the Crossing for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities, and appurtenances on the right-of-way; also the right to cross the Crossing with all kinds of equipment. SCRRA further reserves the right to attach signal, communication, or power lines to any highway facilities located upon the right-of-way, provided that such attachments shall comply with SGVCOG and CITY specifications and will not interfere with the use of the Crossing. d) So far as it lawfully may do so, CITY will assume, bear, and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing, excepting taxes levied upon and against the right-of-way as a component part of SCRRA's operating right-of-way.
SECTION 2 - WORK
a) All work contemplated in this AGREEMENT must be performed in a good and workmanlike manner and each portion must be promptly commenced by the PARTY obligated by this AGREEMENT to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence. All changes or modifications proposed which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or modifications.
32 b) For public infrastructure and facilities owned and maintained by CITY, CITY shall, at its expense, apply for and obtain all public authority required by law, ordinance, rule or regulation for the work, and will furnish to SCRRA upon request with satisfactory evidence that such authority has been obtained. CITY shall act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for the work.
c) All work of the SGVCOG and/or CITY upon the SCRRA right-of-way shall be performed and completed in a manner satisfactory of SCRRA’s Minimum Requirements set forth in Exhibit E-1, E-2, and other guidelines or standards furnished by SCRRA.
d) SCRRA will have the right to stop work if any of the following events take place:
i) SGVCOG and/or CITY (or any of its contractor(s)) performs the work in a manner contrary to the plans and specifications approved by SCRRA on the Right-of-Entry Permit; ii) SGVCOG and/or CITY (or any of its contractor(s)), in SCRRA’s opinion, prosecutes the work in a manner which is hazardous to the SCRRA right-of-way, facilities or the safe and expeditious movement of railroad traffic;
iii) the insurance required by the AGREEMENT is canceled during the course of the work or does not meet the minimum requirements specified herein.
e) The work stoppage may continue until all necessary actions are taken by SGVCOG, and/or CITY or its contractor(s) to rectify the conditions to the satisfaction of SCRRA or until additional insurance has been delivered to and accepted by SCRRA, or the obligations are brought current.
SECTION 3 - INJURY AND DAMAGE TO PROPERTY
If the SGVCOG, in the performance of any work contemplated by this AGREEMENT or by the failure to do or perform anything for which the SGVCOG is responsible under the provisions of this AGREEMENT, shall injure, damage, or destroy any property of the railroad or of any other person lawfully occupying or using the right-of-way of the railroad, such property shall be replaced or repaired by the SGVCOG, or by SCRRA to the satisfaction of SCRRA. SGVCOG or CITY shall reimburse SCRRA for any replacement or repair work required by this Section as it relates to their obligations under this AGREEMENT.
SECTION 4 - SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded,
33 protected and assured, and in order that accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of the SGVCOG and CITY that the work will be performed in a safe manner and in conformity with the following standards:
a) SGVCOG, CITY, and Contractor . All references in this AGREEMENT shall also include the contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority; and all references in this AGREEMENT to work of the SGVCOG or CITY shall include work within the SCRRA right-of-way, as well as work outside and adjacent to the SCRRA Right-of-Way, such as temporary traffic control, that has the potential to impact the SCRRA right-of-way. b) Compliance with Laws . SGVCOG and CITY shall comply with all applicable federal, state and local laws, regulations, and enactments affecting the work. SGVCOG and CITY shall use only such methods as are consistent with safety, both as concerns SGVCOG and CITY, as well as SGVCOG’s and CITY’s agents and employees; the officers, agents, employees, and property of SCRRA; and the public in general. SGVCOG and CITY (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the SCRRA right-of-way. If any failure by the SGVCOG or CITY to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against SCRRA, the responsible PARTY shall reimburse and indemnify SCRRA for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The responsible PARTY further agrees in the event of any such action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA. c) No Interference or Delays. Neither SGVCOG or CITY shall do, suffer, or permit anything which will or may obstruct, endanger, interfere with, hinder, or delay maintenance or operation of SCRRA's tracks or facilities, or any communication or signal lines, PTC system and critical features, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the SCRRA right-of-way or facilities.
d) Supervision. SGVCOG and CITY shall adequately supervise and inspect all work to be performed by their respective contractors and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of the SGVCOG for safe conduct and adequate policing and supervision of the work shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by SGVCOG or CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the work, SGVCOG and CITY will give due consideration to suggestions and recommendations made by such representative for the safety and protection of railroad's property, right-of-way, and operations.
34 e) Suspension of Work. If at any time the SGVCOG, CITY, or SCRRA shall be of the opinion that any work of the SGVCOG or CITY is being or is about to be done or prosecuted without due regard and precaution for safety and security, SGVCOG and/or CITY shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. f) Removal of Debris . SGVCOG and CITY shall not cause, suffer, or permit material or debris to be deposited or cast upon, or to slide or fall upon any SCRRA right-of-way or facilities of SCRRA; and any such material and debris shall be promptly removed from the SCRRA right-of-way by the SGVCOG or CITY or by SCRRA. SGVCOG or CITY shall reimburse SCRRA for any removals contemplated by this Section as it relates to their respective obligations under this AGREEMENT. SGVCOG and CITY shall not cause, suffer, or permit any water to be drained or pumped onto the SCRRA right-of-way during any dewatering from the Crossing without the prior permission of SCRRA. This obligation is limited to debris deposited by SGVCOG or CITY maintenance personnel and/or its contractors, sub-contractors, and consultants.
g) Explosives. SGVCOG and CITY shall not discharge any explosives on or in the vicinity of the SCRRA right-of-way without the prior consent of SCRRA, which will not be given if, in the sole discretion of SCRRA, such discharge would be dangerous or would interfere with the SCRRA right-of-way, property, or facilities. For the purposes hereof, the "vicinity of the SCRRA right-of-way" shall be deemed to be any place on the SCRRA right-of-way or in such close proximity to the SCRRA Right-of-Way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on the SCRRA right-of-way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate. h) Excavation. SGVCOG and CITY shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of SCRRA. SGVCOG and CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks or facilities. The SGVCOG and CITY shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the respective PARTY in connection with maintenance or other work. Such shoring or cribbing shall be at no cost or expense to SCRRA. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines and/or CalOSHA, whichever is more comprehensive. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA to withstand all stress likely to be encountered, including any stress resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity. i) Falsework. No falsework may be erected over the track or on the SCRRA right-of-way except as approved by SCRRA. All falseworks must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions provided by SCRRA.
35 j) Fiber Optic Cables. Fiber optic and other cable systems may be buried on the railroad's right-of- way. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The SGVCOG, CITY, and their respective consultants and contractors shall telephone the Underground Service Alert of Southern California toll-free at (800) 227-2600 a minimum of two (2) workings days before performing any excavation for work within the SCRRA right-of-way.
k) SCRRA Signal and Communication Facilities. SCRRA is not a member of Underground Service Alert of Southern California. The SGVCOG, CITY, and their respective consultants and contractors, shall call SCRRA Signal Department at (909) 592-1346 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to performing any excavation on the SCRRA right-of-way.
No work may proceed until SGVCOG or CITY has been provided with an SCRRA dig number in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721.
SECTION 5 - OTHER RAILROADS AND AGENCIES
All protective and indemnifying provisions of this AGREEMENT shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using the SCRRA right-of-way or facilities. On any certificate of insurance furnished pursuant to this AGREEMENT, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured:
Los Angeles County Metropolitan Transportation Authority (METRO) Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino County Transportation Authority (SBCTA)
Ventura County Transportation Commission (VCTC)
Burlington Northern Santa Fe Corporation (BNSF)
National Railroad Passenger Corporation (Amtrak)
Union Pacific Railroad Company (UPRR)
SECTION 6 - REMEDIES FOR BREACH OR NONUSE
Termination of this AGREEMENT shall not affect any rights, obligations or liabilities of the PARTIES, accrued or otherwise, which may have arisen prior to termination.
END EXHIBIT A
36 EXHIBIT B-1
DETAILED DESCRIPTION OF PROJECT
The purpose of the PROJECT is to provide a safe and accessible connection between the future METRO A Line Station and key destinations like the Los Angeles County Fairplex by constructing a pedestrian bridge that spans across Arrow Highway and SCRRA tracks.
The La Verne Regional Multimodal Bridge will be developed along Arrow Highway, the major southern corridor within the City of La Verne, between White Avenue to the east and Fairplex Drive to the west. The bridge is expected to span Arrow Highway and the Metrolink railroad tracks, serving as a critical connector between La Verne’s future Metro A Line Station and the northern edge of the LA County’s Fairplex property. This improvement is not only expected to make the two areas accessible for thousands of visitors but also significantly reduce dangerous conflicts between pedestrian and vehicle movements.
The bridge will be approximately 1,500 feet long, have an average width of about 12 feet, and will be about 32 feet at its highest point. The project will include lighting, safety railing and fencing, and necessary grading and drainage improvements. The safety fencing and other decorative elements will reach as high as 47 feet above the existing grade level. The bridge incorporates ADA-compliant ramps, a spiral ramp on the southern landing, and an extended ramp on the north side to accommodate all users. A prominent feature of the PROJECT will be the lighting elements used for the enhanced safety and aesthetic draw. The bridge will be utilizing LED lighting to aid in minimizing energy usage. Other green building materials or construction methods will be used where feasible to promote sustainability.
The PROJECT will be developed alongside other projects to streamline construction in preparation for the La Verne A Line Station opening in 2025. The accompanying First/Last Mile projects will include safety improvements along E Street between Arrow Highway and Second Street, and along Second Street between E to D Streets. These improvements will provide pedestrians and bicyclists a safe, accessible path to the Metro A Line station and La Verne Regional Multimodal Bridge from Old Town La Verne, the University of La Verne, and surrounding residential areas. The PROJECT will ensure that all travelers have a safe way to utilize active, sustainable modes of transport and connect with resources.
Arrow Highway serves as a major east-west arterial through the City providing connections to San Dimas, Pomona, and the broader SGV region and has been identified by the City of La Verne’s 2021 ATP and 2023 Local Road Safety Plan as an area to prioritize for pedestrian safety and needed cycling infrastructure. This PROJECT embodies a safe system approach by linking key pedestrian and active transportation uses with major points of interest and removing conflict points with both vehicle and train traffic that would otherwise be encountered. By eliminating an at-grade crossing for pedestrians and other active transportation users, conflicts along Arrow Highway - a six-lane divided arterial roadway with posted speeds of 45 MPH - and an at-grade crossing with the Metrolink railroad track will be removed and will enhance safety and functionality for all users.
37 EXHIBIT B-2
RAILROAD LOCATION PRINT
Figure 1: Location Map
Figure 3: Site Map
PROJECT
VICINITY
PROJECT
SITE
I r n.11,i I
N
* ' .
W E
s
38 EXHIBIT C
PROJECT PLANS
39 EXHIBIT D-1
LIST OF CONTRACTOR SUBMITTALS TO SCRRA
Submittal Type Purpose Responsible
Party
Minimum Required Notice /
Review Time
Form 6 – Temporary
Right of Entry
Agreement
Required For Entry into
Right-Of-Way
SCRRA Right-of-
Way Coordinator
20 Business Days (Initial)
10 Business Days (Follow-Up)
Construction
Schedule
Overview of Project
Schedule
SCRRA
Construction Monthly
Weekly Look-Ahead
Schedule
Detailed Schedule of
Daily Tasks for Next 3
Weeks
SCRRA
Construction Weekly
Site Specific Work
Plan (SSWP)
Details Of Each
Construction Activity
with Potential to Affect
SCRRA Operating
System
SCRRA
Construction
20 Business Days (Initial)
10 Business Days (Follow-Up)
Work Window
Request
Work Requiring No
Train Movements
SCRRA
Construction
90 Days Prior to Proposed
Window
Flagging / Railroad
Protective Services
Request
Work Within or With
Potential to Impact
SCRRA Right-Of-Way
SCRRA Flagging
Provider
(RailPros)
15 Business Days Prior to Work
SCRRA
Communication and
Signal Markouts
Request
Markouts of
Underground SCRRA
Facilities
SCRRA Right-of-
Way Coordinator
15 Days Prior to Work (Initial and
Refresh)
Notice of Proposed
Completion Date
Initiate Punchlist
Walkthrough and
Acceptance
SCRRA
Construction
60 Days Prior to Anticipated
Project Completion
Notice of Project
Completion
Notice That All Work is
Complete
SCRRA
Construction 30 Days After Project Completion
As-Built Drawings Final Record of
Constructed Work
SCRRA
Construction 60 Days After Project Completion
40 EXHIBIT D-2
SCRRA SCOPE OF WORK & ESTIMATE (to be provided by SCRRA)
SCRRA WORK is defined as the following:
Staff Support
o Attend construction coordination meetings
o Perform document reviews as appropriate
o Contract support staff to engage consultants and maintenance contractors to provide services during construction
As-needed on-call MOW/C&S support by SCRRA’s maintenance contractor including inspection of track prior to train services after completion of work
41 Estimated cost to be paid to SCRRA:
Date
Cooperative Agreement
SCRRA Project No.
Project Name
Schedule
9/16/2S
TBD
TBD
City of la Verne Pedestrian Bridge (Arrow Ped Bridge)
9 months(+ 3 months closeout)
QUANTITY
NO. ITEM No. of Hours Total UNIT UNIT COST TOTAL COST
Months per
Month
A Agency
1 Project Management 9 40 360 HR $275.00 $99,000.00
2 SCRRA Staff Administration 12 4 48 HR $2S0.0O $12,000.00 3 Site Oversight (consultant) 9 20 180 HR $200.00 $36,000.00 Sub-Total 588 $147,000.00
1 SCRRA Cable Markings 3 LS $3,500.00
Sub-Total
1 Track Maintenance Contractor oversight, 1 LS $10,000.00 support, inspection
Contingency 10%
Notes:
1 The cost of the SCRRA services shown is an estimate only. SGVCOG shall reimburse the actual costs and expenses incurred by SCRRA and its contractors and consultants for all services and work performed in connection w ith this project , including an allocated overhead representing SCRRA's costs for admin istration and management except for item 01 & 02. 2 Project duration and associated support required is based on the proposed construct ion phasing plan as provided by SGVCOG in July 2025.
42 Estimated flagging services costs to be paid according to Article 4.6:
RWP Training/Flagging
1 Safety Training by SCRRA Consultant
t
90 Persons $212.18 $19,096.20
2 Flagging Services (26 weeks x 5 days x 1 130 Shifts $2,121.80 $275,834.00 r hifts/day)
Sub-Total $294,930.20
Contingency 10% $29,493.02
Estimated Funds to Flagging Provider $324,423.22
Notes:
1 Contractor shall contract directly with a Flagging Services Provider contracted to SCRRA for the provision of flagging and training services and pay directly to the Flagging Services Provider, upon receip t of invoice, all costs associated with the provision of flagging and training services. The above is an estimate only and the Flagging Services Provider shall bill Contractor on an actual cost basis.
2 Contractor shall notify SCRRA's Flagging Services Provider a minimum of three (3) weeks in advance of the daily flagging requirements for each week . RWIC support shall be required at all times for any work within the SCRRA Right-of-Way or with the potential to foul the railroad .
43 EXHIBIT E-1
SCRRA FORM 37
RULES & REQUIREMENTS FOR CONSTRUCTION ON SCRRA PROPERTY
https://www.metrolinktrains.com/globalassets/about/engineering/scrra_form_no_37.pdf
44 EXHIBIT E-2
SCRRA FORM 6
TEMPORARY RIGHT-OF-ENTRY AGREEMENT, SCRRA INSURANCE
REQUIREMENTS, & ACCESS CONTROL MANAGEMENT PLAN
https://metrolinktrains.com/about/agency/right-of-way/
45 EXHIBIT G
GO-88B
STATE OF CALIFORNIA Gavin Newsom, Governor
PUBLIC UTILITIES COMMISSION
320 West 4th Street, Suite 500, Los Angeles, CA 90013
July 28, 2025 File Number: XREQ 20250700002
Arrow Hwy
City of La Verne, Los Angeles County
Cody Howing
City Engineer
City of La Verne
3660 D Street
La Verne CA 91750
Re: General Order 88-B Request for Authority to Alter the Arrow Hwy Rail Crossing
Dear Cody Howing:
This refers to your letter dated July 9, 2025, received by us on July 14, 2025, requesting authorization, pursuant to California Public Utilities Commission (Commission/CPUC) General Order (GO) 88-B, to alter the Arrow Hwy rail crossing of the Metrolink (SCAX) track, in the City of La Verne (City), County of Los Angeles to include a grade-separated pedestrian bridge. The crossing is identified as CPUC Crossing Number 101SG-30.15 and DOT Number 747329C.
The Commission’s Rail Crossings and Engineering Branch (RCEB) reviewed the request by the City of La Verne City. As the City and SCAX agree on the alterations and apportionment of costs under the provisions of GO 88-B, the following alterations as described and specified in the request letter and its attachments are authorized:
• Construct a new overhead pedestrian bridge over the existing SCAX tracks. • A new concrete column will be installed at the median at Arrow Hwy, supporting the overhead pedestrian bridge deck and will be installed outside of SCAX right-of-way. • 42 inch high fencing will be installed east and west of the railroad tracks along the median of Arrow Highway to discourage pedestrian crossing the roadway. • An emergency vehicle access driveway will be built next to the southern end of the bridge and include a 20-feet wide access gate and bollards along with a R5-1 “Do Not Enter” sign and rolled curbs to prevent vehicular entry from Arrow Highway.
The project proposes a minimum permanent vertical clearance of 24 feet 6 inches from the top of rail and a permanent horizontal clearance of approximately 36 feet 7 inches from the centerline of the nearest track to the bent. No temporary clearance reductions are requested during construction. All proposed permanent clearances comply with minimum clearance requirements specified in Commission GO 26-D.
Temporary traffic controls shall be provided in compliance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), published by the California Department of Transportation. All parties shall comply with all applicable rules, including Commission General Orders and CA MUTCD.
This authorization shall expire if the full scope of alterations is not complete within 3 years of the date of this letter. The City may request a time extension at least 30 days prior to the expiration date. The
Cody Howing
XREQ 20250700002
July 28, 2025
time extension request shall include evidence of agreement by involved parties. This authorization may be revoked or modified if public convenience, necessity, or safety requires.
This project is statutorily exempt from the requirements of the California Environmental Quality Act of 1970, as amended. [California Public Resources Code 21080.13]
The following requirements pertain to this authorization:
• Within 30 days after the authorized scope of alterations is complete, the City shall notify RCEB of the alterations by submitting a Form G to [email protected]. Form G requirements and forms are available on the CPUC web site at http://www.cpuc.ca.gov/crossings. • SCAX shall electronically submit a new Federal Railroad Administration (FRA) inventory form (Form F6180.71) to the FRA per 49 C.F.R. § 234.411(c).
o The pedestrian overhead crossing shall identified as CPUC Crossing Number 101SG-
30.14-AD and DOT Number 977310U.
If you have any questions, please contact Chris Palas at (213) 999-3403 or [email protected].
Sincerely,
Matthew Bond, PE, TE
Program and Project Supervisor
Rail Crossings and Engineering Branch
Rail Safety Division
cc: Daniel Keesey, Consultant to City of La Verne
Liz Tso, KPFF
Rodrigo Toro, KPFF
Christopher Burner, Meto Gold Line Foothill Extension Construction Authority Brian Balderrama, LACMTA
Maria Leible, SCRRA
John Beshay, SGCVCOG
r
City of La Verne,City Council
Agenda Report
DATE: November 3, 2025
TO: Honorable Mayor and City Council
FROM: Cody Howing, City Engineer
SUBJECT: REJECTION OF BIDS FOR THE CITY OF LA VERNE FIRE STATION NO. 1 GENDER COMPLIANCE IMPROVEMENT PROJECT.
SUMMARY
This action will reject all bids submitted for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. Bids were opened on October 7, 2025. The apparent low bid submitted a bid exceeding the projected project construction budget. The apparent low bid also received a bid protest regarding a significant signature omission error.
RECOMMENDATION
That the City Council reject all bids and direct City Staff to modify the project scope and re- advertise the project for bidding.
DISCUSSION
The Public Safety Facility building, located at 2061 3rd Street, was designed in 1979 and constructed shortly thereafter. The facility houses the La Verne Police Department, La Verne Fire Department administration, and one of three fire stations (Station 1). For the past roughly 45 years, the facility has supported the public safety departments as a critical hub for the Fire and Police staff. However, in addition to being undersized for today's public safety needs and technology utilization, design features of the facility are in need of updates to continue to function as best as possible given the age and sizing of the facility.
Various upgrades have occurred over past years to keep up with the current standards and capability needs for such a facility, but the living quarters of the fire station side of the building remain nearly original. This includes open dormitory style sleeping quarters and one room for locker and shower/restroom facilities for use by Fire Department staff on shift. While functional to staffing configurations of the past, the arrangements do not allow for the station to house both male and female staff.
To address this issue and improve the facility, allowing the necessary staffing flexibility for a functioning fire department, improvements to the facility were identified in a prior year’s Capital Improvement Program budget. At the time, the scope of work was focused on the restrooms, but in efforts to develop a refined construction scope, the sleeping quarters were also identified as a necessary feature of the project. Additional funds were identified in subsequent years to build on the original project funding and various concepts of improvements were developed and analyzed for cost-effective and operational benefit to the Fire Department.
The final concept of the project plans includes updating the existing dormitory room, allowing for
Rejection of Bids for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. , Page 2
partitions to enhance privacy for staff on shift. The “day room” portion of the living quarters will be modified to allow two additional partitioned beds and a new restroom. Floor space previously occupied with exercise equipment will be modified to re-establish a new "day room", and improvements covered by the project will also add a Captain’s office. These features, among other facility to enhancement will make the use of existing building space and better suit department needs.
During the design process, constructability was heavily considered as the proposed work will cause an impact on the function of this critical facility that operates on a 24-hours, seven days a week schedule. The station will remain active during construction through use of alternative temporary facilities included in the scope of the project. These temporary facilities will give crews space to be out of a construction zone during the active daytime work. However, rather than building a full temporary fire station with utilities and all the other features necessary, the Fire Department and Public Works staff have developed a construction phasing approach that will limit the amount of temporary infrastructure needed to support crews during their shift. This approach relies on breaking the construction work into three phases and requires that sleeping quarters be moved with each phase of work.
On October 7, 2025 a total of eight bids were submitted and opened for the project. Below is a summary of the bid results:
Vendor Bid Amount
Ambit Construction & Design Inc $538,135.00
Armstrong Cal Builders Inc. $589,000.00
Jermax Construction Inc. $590,345.00
R Dependable Const Inc $605,000.00
Mlc Constructors $873,788.00
Monet Construction $899,761.00
Edra Construction Corporation $913,112.00
Pub Construction, Inc. $1,180,506.62
The Engineer’s Estimate for the project was $400,000. Upon analyzing the costs proposed against the estimate for each line item, all the bid items were within a reasonable margin of the median price bid except for Item No. 6. Bid Item No. 6 represents the scope of work for the interior improvements and had an engineer’s estimate of $210,000. The median bid amount of the eight submitted proposals yielded a value of $562,563.50. While this bid item stands out as a significant departure from the estimated cost, there were two submitted bids that proposed line-item costs approximately matching or substantially lower than the engineer’s estimate for this item.
In addition to the value of the low bid exceeding the estimated project cost, a protest was submitted calling into question the validity of the bid. The featured concern raised involved a missing signature on the bid proposal form. While it’s believed that this error is a minor oversight by the apparent low bidder, it does present significant concern to justifying the bid as responsive. The second-lowest bidder submitted a bid with an additional cost of $50,865 above the lowest bidder.
Rejection of Bids for the City of La Verne Fire Station No. 1 Gender Compliance Improvement Project. , Page 3
Modifying the scope of the project might yield a lower construction bid. However, that result is not guaranteed. Rebidding the project will allow for a competitive bid to be submitted, capturing the lowest bid that the market can produce. This approach will position the City to consider awarding of the contract for the best possible price, assuming no issues exist in the furnished bids. Given the gap in cost between the lowest bidder and the second-lowest bidder, the process of rebidding the project appears to be worthy of consideration on a cost basis for the additional effort it will require.
FISCAL ANALYSIS
Rejecting the project bids has a minimum fiscal impact. Rebidding the project will require minimal costs for additional advertising in the local newspaper. The project plans can be re- used, and City staff can make modifications to the project scope with minimal effort to keep costs manageable for the bid advertisement phase of the project.
ENVIRONMENTAL ANALYSIS
Not Applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
None
Coordinated with:
Dann
y Wu, Director of Public Works
City of La Verne,City Council
Agenda Report
DATE: November 3, 2025
TO: Honorable Mayor and City Council
FROM: Travis Tibbetts, Police Captain
SUBJECT: FRANCHISE AGREEMENT TIME EXTENSION FOR SANDERS TOWING INC.
SUMMARY
The City maintains a franchise agreement with Sanders Towing Inc. to provide towing and vehicle impound services within the City of La Verne. The agreement was initially approved on July 18, 2022, and expired on June 30, 2025. The franchise agreement provides exclusive ability for Sanders response to Police Department tow requests and is not an agreement for services provided to the City as all fees are paid by third-parties.
RECOMMENDATION
That the City Council authorize the City Manager to execute a three-year extension of the Franchise Towing Agreement with Sanders Towing Inc.
DISCUSSION
Sanders Towing Inc. has provided tow services in a manner consistent with the performance standards outlined in the City’s most recent towing services Request for Proposal and competitive bidding process conducted in 2022. The proposed extension will provide operational continuity while incorporating updates to Section V (Fee Schedule), Subsections A through G, to reflect current market and operational conditions. The extension will be in effect until June 30, 2028.
The agreement is not a contract for services by the City as it exclusively allows for Sanders Towing to be the on-call tow response to the Police Department's lawful needs. As such, the City does not pay Sanders for services. Instead, all fees for service are paid for by those whose vehicle has been towed or stored. This agreement is only for Police Department initiated calls for service as residents in general may arrange for towing from any commercially viable tow operator. The competitive bidding process held in 2022 returned a total of two potential firms, of which, Sanders was the sole firm to meet all of the required qualifications.
In accordance with Section VII (Rate Increases) of the original agreement, Sanders Towing has petitioned the City for an adjustment in rates in accordance with the California Highway Patrol (CHP) fee standards. The Police Department has evaluated the franchisee’s service performance and compared the proposed rates with those of surrounding jurisdictions, determining the request to be reasonable. Under the existing agreement, the City Manager retains authority to approve rate adjustments that do not exceed the allowable charges established by the CHP Tow Services Agreement, as approved by the CHP Area Commander.
While the City is not obligated to grant any rate increase, the required review has found them to
Franchise Agreement Time Extension for Sanders Towing Inc., Page 2
be reasonable and under the CHP limits.
Type Previous Fees Proposed Fees
Light Duty per hour, one hour minimum $270 $320
Medium Duty per hour, one hour minimum $320 $380
Heavy Duty per hour, one hour minimum $370 $540
Super Heavy Duty per hour, one hour minimum $420 $600
Labor per hour, one hour minimum (15-minute
increments thereafter)
$135 $160
Non-business Hours Release $135 $160
Storage Motorcycles $68 $77
Storage Passenger Type Cars $68 $77
Storage Trucks & Vans $68 $87
Inside Storage Passenger Cars & Motorcycles $75 $80
FISCAL ANALYSIS
There is no direct impact on the General Fund associated with approving the extension.
Responsible parties pay towing and storage charges in accordance with the fee schedule.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney.
ATTACHMENTS
1. Sanders Towing Extension Agreement
2. 2022-2025 Sanders Towing Agreement
3. Sanders Towing Inc. CHP Approved Fees
4. CHP Max Tow Rates FY25-26
5. Sande
rs Towing Inc. Previous & Proposed Fee Table
Coordinated with:
Sam Gonzalez, Chief of Police
1 THREE-YEAR EXTENSION AGREEMENT FOR FRANCHISE TOWING SERVICES BETWEEN THE CITY OF LA VERNE AND SANDERS TOWING INC.
This Three-Year Extension Agreement (“Extension Agreement”) is entered into by and between the City of La Verne, a California municipal corporation (“CITY”), and Sanders Towing Inc., a California corporation (“FRANCHISEE”), collectively referred to as “Parties.” I. RECITALS
WHEREAS, the CITY and FRANCHISEE entered into a Franchise Agreement dated the 1st day of July 2022, for the provision of towing and vehicle impound services within the City of La Verne (“Agreement”); and
WHEREAS, Section IV, Subsection B of the Agreement permits the CITY to extend the term of the Agreement by written agreement of both parties; and WHEREAS, the Parties desire to extend the term of the Agreement for an additional three (3) years and to update Section V (Fee Schedule), Subsections A through G with new rates as allowed through the Franchise Agreement effective upon execution of this Extension Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
II. TERM EXTENSION
Pursuant to Section IV, Subsection A of the Agreement, the term of the Agreement is hereby extended for three (3) years, commencing the 1st day of July 2025, and expiring on the 30th day of June 2028, unless otherwise terminated in accordance with the provisions of the Agreement.
III. UPDATED FEE SCHEDULE
The rates listed in Section V, “Fee Schedule,” Subsections A through G of the Agreement are hereby amended to replace the fee amounts with the rates set forth below. All other terms in Section V shall remain in effect.
A. Light Duty: $320
B. Medium Duty: $380
C. Heavy Duty: $540
D. Super Heavy Duty: $600
E. Labor: $160
F. Non-Business Hours Release: $160
2 G. Storage:
1. Motorcycles: $77
2. Passenger type cars: $77
3. Trucks & Vans: $87
4. Inside storage of passenger cars and motorcycles: $80
5. “Day” as used in the specifications shall mean a time period which extends from midnight to midnight the following day. A vehicle must be stored for over eight (8) hours before a second day storage can be charged.
6. Storage fees may be charged for vehicles held for evidence commencing the day after authorization for the release by the Chief of Police, with a minimum time period of 24 hours storage before any storage fees may be accrued.
(The Parties may attach an updated “Exhibit A – Fee Schedule” to reflect finalized rates).
IV. RATIFICATION OF EXISTING TERMS
Except as expressly modified by this Extension Agreement, all other terms, conditions, and provisions of the original Agreement shall remain in full force and effect. In the event of a conflict between this Extension Agreement and the original Agreement, this Extension Agreement shall control.
V. COUNTERPARTS
This Extension Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic or facsimile signatures shall be deemed to have the same legal effect as originals.
VI. AUTHORITY
Each individual signing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the Party they represent and that this Agreement is binding upon such Party.
[[ SIGNATURES ON FOLLOWING PAGE ]]
3 VII. SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this Extension Agreement as of the dates set forth below.
FRANCHISEE:
Sanders Towing Inc.
By: ___________________________
Scott L. Dilley, President
Date: _________________________
CITY OF LA VERNE:
By: ___________________________
Ken Domer, City Manager
Date: _________________________
ATTEST:
______________________________
Debra Fritz, City Clerk
APPROVED AS TO FORM:
______________________________
Kimberly Hall Barlow, City Attorney
This Franchise Agreement is made and entered into this pt day of July, 2022 by and between the City of La Verne ("CITY") and Sanders Towing, Inc., a Corporation ("FRANCHISEE"). The parties hereto do herby agree as follows:
I. DEFINITION OF TERMS
For the purpose of this Agreement, the following definitions shall be in effect:
A. "CHIEF OF POLICE" or "CHIEF" shall mean the Chief of Police of the City of La Verne, California or any person or group of persons designated by the Chief of Police to act expressly on her behalf.
B. "CITY" shall mean the City of La Verne, California.
C. "CITY COUNCIL" shall mean the City Council of the CITY.
D. "DAILY" shall mean seven (7) days per week, unless otherwise specified.
E. "DEPARTMENT" shall mean the La Verne Police Department.
F. "FRANCHISE" shall mean the right and privilege to perform towing services for the CITY.
G. "FRANCHISEE" shall mean the Operator named in this Agreement.
H. "OPERATOR" shall mean any person providing towing services within the CITY.
I. "PERSON" shall mean an individual, corporation, joint venture, partnership, or any other entity or enterprise.
J. "RATES AND CHARGES" shall mean fees for services set forth in this Agreement.
K. "TOWING SERVICES" shall mean the towing, storage and impound of vehicles, as well as ancillary services such as jump starts, lock-outs, and tire changes.
L. Towing Service "STANDARDS" shall mean the standards propounded by the CITY and set forth in this Agreement.
M. "VEHICLE OWNER" shall mean the registered or legal owner of a vehicle or their agents.
II. EXCLUSIVE FRANCHISE FOR POLICE TOWING AND STORAGE
A. FRANCHISEE shall have the exclusive right to receive calls from the CITY during the term of this Agreement, subject to the terms of this Agreement, to provide towing and storage services for vehicles which are involved in accidents, disabled, abandoned in public places or on private property, impounded for evidence, impeding the flow of traffic, are located within another city but subject to the jurisdiction of the CITY or which are otherwise subject to being towed and stored at the direction of the CITY. Nothing contained herein shall deprive an Operator from providing towing services to persons other than the CITY.
III. SCOPE OF SERVICES
A. Duty of FRANCHISEE
It shall be the duty of the FRANCHISEE, when so directed by La Verne Police Officers, to provide prompt tow service for vehicles taken into custody by the Police Department either because of accident, disabled by other cause, abandoned in public places, on private property, impounded for evidence, impeding the flow of traffic, invalid status of driver's license or vehicle registration, or for any other reason within the jurisdiction of the CITY.
B. Equipment
FRANCHISEE shall furnish all equipment and labor necessary for providing towing services and storage of vehicles in accordance with the towing service standards set forth in this Agreement.
IV. ENTIRE AGREEMENT/TERM
A. This Agreement contains the entire understanding between CITY and FRANCHISEE. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect.
Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties.
B. This Agreement shall be for a three year term, through June 30, 2025. This Agreement may be extended thereafter upon written agreement by the parties. In the event of substantial changes to or court decisions regarding Vehicle Code§§ 14602.6 or 14602.8 or similar provisions allowing impoundment of vehicles for extended periods, the parties agree to meet and confer regarding any agreement modifications necessitated by those substantial changes or court decisions. If the parties are unable to come to an agreement on a modified agreement, either party shall have the right to terminate this agreement on thirty (30) days written notice.
C. This Agreement may be terminated by the CITY if for cause at any time. Otherwise, the Agreement may be terminated at any time by FRANCHISEE upon a minimum of sixty (60) days written notification. CITY may terminate this Agreement, without cause, at any time upon twelve months written notification.
V. FEE SCHEDULES
The following Towing and Storage Fee Schedule shall be in effect for the duration of this Agreement.
A. Light Duty
CITY- ordered tow charges for passenger type vehicles and pick-up trucks under 10,000 lbs.
GVWR and motorcycles:
FEE: $270.00 per hour, one hour minimum.
B. Medium Duty
CITY- ordered tow charges for trucks 10,000 lbs. GVWR to 19,500 lbs. GVWR.
FEE: $320.00 per hour, one hour minimum.
C. Heavy Duty
CITY- ordered tow charges for trucks 19,500 lbs. GVWR to 33,000 lbs. GVWR.
FEE: $370.00 per hour, one hour minimum.
D. Super Heavy Duty
CITY-ordered tow charges for trucks over 33,000 lbs. GVWR.
FEE: $420.00 per hour, one hour minimum.
E. Labor
Hourly charge for: additional labor in the field to facilitate the movement of vehicle(s) additional cleanup or manpower as needed; or for service calls such as for a jump start or for gas.
FEE: $135.00 per hour, one hour minimum and thereafter to be charged in 15 minute increments.
F. Non-business Hours Release
Flat charge for vehicle release during non-business hours: $135.00, in addition to incurred charges. Regular business hours for release shall be 8:00 AM to 5:00 PM, Monday through Friday, except for legal holidays. Nothing herein shall limit the hours in which other towing operations may take place.
G. Storage
Storage of vehicles shall be charged at the following rates:
1. Motorcycle - $68.00
2. Passenger type cars -$68.00
3. Trucks & Vans - $68.00
4. Inside storage of passenger cars and motorcycles- $75.00
5. "Day" as used in the specifications shall mean a time period which extends from midnight to midnight the following day. A vehicle must be stored for over eight (8) hours before a second day storage can be charged.
6. Storage fees may be charged for vehicles held for evidence commencing the day after authorization for the release by the Chief of Police, with a minimum time period of 24 hours storage before any storage fees may be accrued.
H. Scope
The following charge shall include the services of a tow truck, tow truck driver and all required equipment on the tow truck. Any other equipment or personnel required shall be billed at the contracted hourly rate to the responsible party.
I. Posting of Rates
All rates and changes shall be conspicuously posted in FRANCHISEE'S office or other area viewable by the public. Such posting shall meet Vehicle Code requirements and be subject to the approval of the Chief of Police.
J. Billings
All customer bills shall be itemized.
K. Liability
CITY shall not be liable to pay FRANCHISEE, its officers, agents, representatives or employees any charge or other fee for a call which does not result in a chargeable service rendered by FRANCHISEE. CITY shall not be liable to FRANCHISEE for any costs incurred by FRANCHISEE which are not paid.
L. Errors
In the event any vehicle is towed or impounded, or both, through any error of FRNACHISEE or CITY, neither the vehicle owner or the CITY shall have the duty to pay any towing, storage or other fees or charges.
M. Disputes
In the event any dispute shall arise concerning any charge made by any person in performing services under this agreement, the dispute shall be decided by the Chief of Police, pursuant to California Vehicle Code section 22852. The decision shall be binding on all parties involved.
N. Demands
FRANCHISEE shall not make any demands on the vehicle owner or driver for a sum in excess of the amount established herein.
0. Credit Cards
FRANCHISEE shall accept a valid bank credit card for payment of charges incurred.
No additional charges shall be imposed for use of a credit card.
P. Schedule of Rates
Upon request, vehicle owners shall be given a pre-printed schedule of authorized rates and charges.
Q. Towing for Investigation
If a vehicle is towed to another location for investigation and then returned to FRANCHISEE, the vehicle owner shall be charged for the actual towing time.
R. Unauthorized Charges
The Chief of Police shall investigate and take any warranted redial action regarding charges that are alleged to be in violation of this Agreement. Any unauthorized charges shall be cause for termination of this Agreement.
S. Class of Tow Truck
Regardless of the class of tow truck, charges shall not be more that the class of vehicle towed service, excepted when vehicle recovery operations require a larger truck.
T. Computation of Rates
The rate for towing shall be computed from portal to portal from FRANCHISEE'S place of business. The time expended for towing up to the first hour shall be charged at a flat rate, not to exceed the hourly rate. Time expended in excess of one hour shall be at the hourly rate and shall be charged in 15 minute increments. All excess time shall be documented on the towing bill, indicating the time of call and the completion time. These times are required to justify any additional charges.
U. Lien of Sale Processing
The lienholder (FRANCHISEE) may charge a fee for lien-sale preparations in accordance with the provisions of Vehicle Code section 22851.12, as the same may be ended from time to time. This section currently states:
The lienholder may charge a fee for lien-sale reparations not to exceed seventy dollars ($70.00) in the case of a vehicle having a value determined to be four thousand dollars ($4,000.00) or less and not to exceed one hundred dollars ($100. 00) in the case of a vehicle having a value determined to be greater than four thousand dollars ($4,000.00), from any person who redeems the vehicle prior to disposal or is sold through a lien-sale pursuant to [the California Vehicle Code]. These charges may commence and become part of the possessory lien when the lienholder requests the names and addresses of all persons having an interest in the vehicle from the [Department of Motor Vehicles]. Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or the registration service agent has possession of the required lien processing documents. This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage.
VI. RECORD KEEPING, REPORTING AND PAYMENT
A. Records
1. FRANCHISEE shall keep at its principal place of business complete and accurate records of all vehicles towed, impounded, or stored as a result of this Agreement and the amount of charges on each vehicle. FRANCHISEE shall also keep at its principal place of business, complete and accurate records of all vehicles lien-sold which were impounded or stored pursuant to this Agreement.
2. The record system shall be adequate to enable FRANCHISEE to locate the vehicle and/or provide written report of storage or tow by:
a. DR number only;
b. license number only; and
c. the make, model, color, date, and location of impound or storage.
3. Records shall consist of, but are not limited to, the following forms:
a. CHP 180 (made available by the CITY)
b. Copies of certified letters to vehicle owners;
c. Charge sheets which tow, labor and storage rate charges against each individual vehicle. Charge sheets must contain the vehicle owner's or
owner's legal representative's signature, be of a design approved by the La Verne Police Department and be available for periodic data collection. d. Inventory list of personal property in vehicle impounded and stored. e. Records of vehicles sold under authority of Civil Code Section 3074 (over $4000 value); and
f. Records of vehicles sold under authority of Civil Code Section 3072 (under $4000 value)
4. Records shall be maintained by the date of impound or storage for a period of at least (3) years.
5. Records relating to vehicles towed and or stored pursuant to this Agreement shall be made available to the CITY upon request.
B. Reports and Monthly Reconciliation Meeting
1. FRANCHISEE shall provide reports to the Chief within sixty (60) calendar days after the end of each month. Said reports shall include, but not limited to, the following and shall be limited to vehicles impounded or stored by CITY:
a. Total number of vehicles impounded or stored for thirty (30) days or more; b. Date of release for vehicles listed in a.;
c. The total number of vehicles disposed of via a lien sale from cars impounded for thirty (30) days or more;
2. Reports shall be signed by the owner of the FRANCHISEE.
3. Reports shall itemize and include remittance for franchisee fees due CITY.
4. Once each month, at a mutually convenient time, a duly authorized representative of CITY and a duly authorized representative of FRANCHISEE shall meet and confer to reconcile their respective records regarding vehicles towed and stored pursuant to this Agreement.
C. Franchise Fee
1. An annual franchise fee of $1000 ( one thousand dollars), for the privilege of being the exclusive provider of CITY requested towing and storage, shall be due and payable at the commencement of the franchise and on each anniversary therof.
D. General
l. CITY may inquire, at any time, an audit of FRANCHISEE'S books and records. Any inaccuracies found in the revenues or reports given to the CITY shall be adjusted accordingly. Additionally, if such audit shall disclose an inaccuracy of greater than two percent error with respect to the franchise fee due to CITY for the period of such audit, the cost thereof shall be paid to the CITY by FRANCHISEE; otherwise, the cost of such an audit shall be borne by the CITY. Records must be available for audit by the CITY upon demand. FALSIFICATION OF ANY RECORDS AND
REPORTS, FAILURE TO COOPERATEDURING AN AUDIT OR TO MAKE
REQUIRED PAYMENTS SHALL BE CAUSE FOR IMMEDIATE
TERMINATION OF THE FRANCHISEE AGREEMENT.
2. Nothing herein shall limit the CITY' s right to inspect or audit the books, records and accounts of FRANCHISEE at any time.
3. All required reports and records shall be furnished at the sole expense of FRANCHISEE.
VII. RATE INCREASES
A. Petition for Rate Increase
Upon petition of FRANCHISEE for a rate increase, the Chief of Police will evaluate the performance of the services being provided, rates imposed under agreements with other public agencies for similar services, the cost of services and such other information as the Chief determines to be relevant. The City Manager is authorized to approve rates that are not greater than the allowable charges per the California Highway Patrol Tow Services Agreement rates that have been approved by the CHP Area Commander.
B. Obligation
Nothing contained herein shall obligate the CITY to grant any rate increase.
VIII. GENERAL PROVISIONS OF TOWING SERVICE
A. General Requirements
1. FRANCHISEE must maintain both its business office and storage facilities within five (5) miles of the La Verne Police Department (2061 Third Street, La Verne) and be fully operational as a towing and storage business. All facilities shall be manned twenty-four (24) hours a day, or for secondary facilities, during such other limited hours of operation. No transfer of location shall occur without written permission and all necessary approvals from CITY.
2. FRANCHISEE shall, at its own expense: obtain and maintain all necessary permits and licenses for the performance of this Agreement; shall give all necessary notices; and pay all fees and taxes as required by law and this Agreement.
3. All real property and improvements thereon, and all vehicle facilities, equipment, and materials used by FRANCHISEE shall be subject to periodic inspections by CITY representatives, without notice.
B. Manner of Performing Towing Service Duties
1. In each instance in which a vehicle is towed, FRANCHISEE shall remove from the street all debris resulting from the related accident and clean the immediate area of such street, leaving the area in a broom clean condition.
2. FRANCHISEE shall be responsible to complete proper reports and to notify the Police Department on all private property impounds and storage of vehicles.
3. FRANCHISEE shall perform its duties in a professional, ethical, courteous, orderly and cooperative manner as a best effort to obtain and keep the confidence of the community.
4. FRANCHISEE and its employees shall conduct themselves in a courteous, civil and friendly manner when dealing with CITY (its agents, officers and employees), the public, and those persons whose property is under their control and all other law enforcement agencies, communication agencies and their personnel.
5. FRANCHISEE shall cooperate with the public, CITY, owners of property under their control and other law enforcement and communication agencies in providing the services required by this Agreement. The determination of cooperation by FRANCIHSEE shall be established by the Chief of Police.
6. All towing equipment must be in full compliance with LOCAL, STATE AND
FEDERAL REQUIREMENTS FOR VEHICLE SAFETY, LICENSING AND
APPEARANCE. CITY reserves the right to refuse to allow FRANCHISEE to provide service if equipment is found to be in non-compliance.
7. All vehicles towed must be towed in compliance with the manufacturer's recommendation for tow as specified in the most recent edition of the American Automobile Association Towing Manual.
8. FRANCHISEE shall be solely responsible for all vehicles stored or impounded on its premises, together with all accessories and equipment thereon and all personal property therein. It shall be FRANCHISEE'S duty to protect such stored or impounded vehicles, accessories, equipment and property against all loss or damage by fire, theft or other causes
9. Vehicles stored or impounded shall be systematically spaced to provide easy access and spacing adequate to prevent damage. Vehicles that, in the opinion of the investigating officer, need to be moved to facilitate his inspection shall be promptly moved without charge by FRANCHISEE.
10. Loss or Damage
a. FRANCHISEE is responsible for reasonable care, custody and control of impounded vehicles and their contents.
b. Any article removed from any vehicle for any reason shall be properly identified and accounted for. Personal property from vehicles that are not
held for evidence may be released to the registered owner with proper identification at no additional charge during normal business hours. Personal property released to a person other than the registered owner or from a vehicle held for evidence shall require written approval from the Police Department.
Personal property is defined as loose contents within the vehicle, not items bolted, wired or installed in the vehicle.
C. Personnel
1. All tow truck drivers must possess the proper State of California Driver's License required to operate all vehicles and equipment required to be used and shall have received sufficient training to operate without direct supervision.
2. All tow truck drivers must wear a distinctive uniform identifying FRANCHISEE by inscription on said uniform; inscription shall include individual name identification of tow truck driver.
3. All tow truck drivers must be able to communicate effectively with CITY staff in the performance of their duties.
4. Tow truck drivers deemed unfit for service in connection with this Agreement shall not be assigned to any CITY calls for service upon notification by the Police Department. FRANCHISEE shall not employ a tow truck driver:
a. Who is under the age of 18 years;
b. Who is not legally eligible for employment in the United States; c. Who, within a period of five years immediately preceding such application, has been convicted of a felony involving theft, fraud, sexual crime, violence or weapons violations;
d. Who, within a period of two years immediately preceding such application, has been convicted of reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code or any other code, which is directly concerned with the operation of a motor vehicle while under the influence of an alcoholic beverage, or drug, or combination of alcohol and drug;
e. Who does not hold a valid vehicle driver's license issued by the Department of Motor Vehicles of the State of California; f. Who is on probation for any offense or offenses arising out of a
violation of the California Vehicle Code; or
g. Who meets such other criteria as the Chief of Police determines is necessary to protect the public health and safety.
D. Rules of Operation
1. FRANCHISEE shall be available to release vehicles during business hours.
During non-business hours, FRANCHISEE shall be available on an on-call basis:
a. To release any vehicle which has been determined by the Chief of Police to require release; and
b. To release any property in any vehicle when the Chief of Police determines that there is an emergency warranting the immediate release of said property.
2. The owner of a vehicle ordered to be stored or impounded who appears on the scene after FRANCHISEE has arrived at the scene and requests immediate release of his vehicle, shall have his vehicle immediately released upon payment of one half ( 1 /2) of the minimum towing charge, provided that there are no legal authority under which to impound or store the vehicle. Whenever a vehicle owner returns to a vehicle that is in possession of FRANCHISEE (i.e., once recovery or load salvage operations have begun), the owner may regain possession of the vehicle from FRANCHISEE if the owner pays the FRANCHISEE the towing charges.
3. Except for private impounds, FRANCHISE shall not remove any vehicle without first being instructed to do so by an authorized CITY employee or agent.
E. Response Time
1. FRANCHISEE shall use his best efforts to respond to all calls for service from CITY within (20) minutes.
2. FRANCHISEE shall notify the Police Communications Center when a tow unit cannot respond immediately and shall give the reason and estimated time of arrival.
3. In the event of an additional delay, FRANCHISEE shall promptly notify the Police Communications Center and give the next estimated time of arrival.
4. In the event FRANCHISEE receives additional call to remove a disabled vehicle that is interrupting traffic flow while he is processing an earlier call, he shall clear the vehicle specified in the earliest call sufficiently to restore normal and safe traffic movement; secure it from theft, damage, or loss; and immediately proceed to the site specified in the additional call; or shall cause a second tow truck to be dispatched to the second site.
5. All disabled vehicles deposited or parked by FRANCHISEE shall be towed to storage at the earliest opportunity after the FRANCHISEE has complied with the above provisions for restoring traffic movement at all specified sites.
F. Release of Impounded or Stored Vehicles
1. A vehicle impounded or stored by order of the CITY must have a validated, written release from the City which must be presented at the time of release.
2. No repair work shall be performed on any impounded or stored vehicle unless released.
3. In the event the Department errs on impound or storage notification, said vehicle shall be released by FRANCHISEE without charge to the CITY or other persons over and above the charges that would have been levied if proper notification (five calendar days) had been made. The owner of the vehicle will not be responsible for any storage fees over and above the period of the time deemed necessary for the appropriate notification.
G. Maintenance of Equipment and Facilities
1. FRANCHISEE shall maintain in a neat and clean manner and in good condition all real property and improvements thereon and all vehicles, facilities, equipment and materials.
2. All property shall be maintained at all times so that it is in compliance with CITY codes and this Agreement and shall be kept in a neat and clean appearance.
3. Graffiti on property or equipment shall be removed within twenty-four (24) hours.
H. Towing Equipment
1. Towing equipment must be owned or exclusively leased by FRANCHISEE and all equipment must be available for simultaneous inspection by the CITY.
2. FRANCHISEE must own or lease not less than five (5) tow trucks, at least one of which shall be a flatbed that will be based at its principal place of business and will be available to perform towing. Said tow trucks shall comply with all of the following requirements:
a. FRANCHISEE, at its expense, shall install and maintain all necessary communication equipment for radio transmission and reception (contact) with each tow truck and shall comply with all FCC Regulations and Requirements.
b. Each tow truck must be equipped in compliance with the provisions of the California Vehicle Code.
c. Each tow truck must bear evidence of all required licenses and inspection
certifications as required by CITY.
d. Each tow truck must have an original manufacturers rating of at least 14,000 lbs. GVWR and be equipped with dual rear wheels. e. Each tow truck must have a cable winch of sufficient size to capacity to retrieve vehicles which have gone over embankments of off traveled portions of roadways into inundated areas or other inaccessible locations. f. Each tow truck must be adequate to handle any passenger vehicle, small trucks, trailers, tractors or similar heavy equipment, i.e. standard tow truck (14,000 lbs. GVRW)-not a converted pickup or light truck.
3. A tow vehicle specifically designed for heavy duty towing must be available for 45- minute response with trained personnel to operate said vehicle. Any changes that exceed the limits of this Agreement shall be done by FRANCHISEE and shall not be passed on to the vehicle owner or CITY.
I. Storage Facilities
1. All vehicles shall be stored in a building or in an area or areas that are secure and enclosed by a substantial wall or walls or other CITY approved enclosure. The enclosure shall provide at least eight (8) feet in height and shall completely screen the storage yard from public view.
2. There shall one or more gates, equipped with adequate security locks. Gates shall be of adequate size to permit ingress and egress of a three-axle heavy duty towing vehicle and its load. The gate shall be the same height as the surrounding enclosure and shall also completely screen the storage yard from public view.
3. Any damage to any wall or fence must be repaired within twenty-four (24) hours to ensure proper protection to stored vehicles.
4. The storage facility must be illuminated to such a degree that normal reasonable visual observation of the area may be made during the hours of darkness.
5. The storage facility shall meet all fire, zoning and building codes, and licensing requirements of its jurisdiction and FRANCHISEE shall provide verification of compliance upon inspection.
6. The storage facilities must be capable of holding a minimum of 100 vehicles parked in such a manner as to provide accessibility and to prevent damage.
7. The lot or lots used for storage shall be located or constructed in such a way that all vehicles impounded or stored shall be secured either within a building or shall be concealed from view of adjoining property when viewed from the street or ground level.
8. FRANCHISEE shall maintain at FRANCHISEE'S own expense, separate and enclosed garage facilities for a minimum of three (3) vehicles ordered impounded by the police for involvement in commission of crimes or other
reasons. FRANCHISEE must protect said vehicles from dirt or moisture, as well as from any other substances. All structures shall conform to the applicable building and fire codes.
IX. ADVERTISING/USE OF CITY IDENTIFICATION
FRANCHISEE shall not, without the express written consent of the CITY, display or use any signs, logos, or advertise in any way that FRANCHISEE is an official towing service of CITY.
X. COMPLIANCE WITH LAWS
A. Laws
FRANCHISEE shall keep informed of and comply with all CITY, state and federal laws which in any manner affect FRANCHISEE or those engaged or employed by FRANCHISEE in performing the services to be rendered by FRANCHISEE, including but not limited to the provisions of California Vehicle Code section 22850.3.
B. Permits
FRANCHISEE shall procure and obtain all permits and licenses, pay all charges and fees, and give all notices required by CITY, ordinances or other laws relating to the performance of services to be performed.
XI. NON-COMPLIANCE WITH STANDARDS
FRANCHISEE agrees that failure by FRANCHISEE or its agents to comply with these terms and conditions shall be cause for suspension or termination of this Agreement.
XII. HOLD HARMLESS
A. FRANCHISEE
FRANCHISEE shall defend, indemnify and hold CITY, its elective and appointive officers, agents, employees and volunteers harmless from any claim, demand, damage, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property arising from FRANCHISEE'S performance of this Agreement. The decision to accept, reject or settle any claims relating to towing services by FRANCHISEE shall remain in the sole discretion of CITY.
B. CITY
CITY shall not waive any rights against FRANCHISEE acquired pursuant to the hold harmless provisions by any acceptance or deposit by FRANCHISEE of insurance policies.
C. Insurance Policies
The provisions set forth in subsection A above shall apply to all damages and claims for damages of any kind suffered, or alleged to have been suffered, by any reason of any performance by FRANCHISEE regardless of whether or not any insurance policies have been determined to be applicable to the claim. This FRANCHISE Agreement is subject the insurance requirements listed in Exhibit A.
D. Deductibles
Any deductibles or self-insured retentions over $25,000 per occurrence must be declared to and approved by CITY. Any deductible exceeding an amount acceptable to CITY shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by FRANCHISEE); or FRANCHISEE shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses.
E. Verification of Compliance
Franchisee shall furnish CITY with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by CITY before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, FRANCHISEE shall deliver to CITY as a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to CITY. FRANCHISEE shall provide full copies of any requested polices to CITY within three (3) days of any such request by CITY.
F. Termination for Lack of Required Coverage
If FRANCHISEE, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance coverage, CITY may immediately obtain such coverage at FRANCHISEE'S expense and/or terminate this Agreement.
XIV. PUBLIC INTEREST
No member, officer or employee of the CITY of La Verne or of a local public body during his/her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or proceeds thereof.
XV. ASSIGNMENT
FRANCHISEE shall not transfer, sell, subject or assign the franchise, nor shall any of the rights or privileges therein be leased, assigned, sold, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, by either act of the FRANCHISEE or otherwise, unless written authorization for such transfer, sale, subletting or assignment is obtained from the CITY Council. For purpose of this section, an acquisition by any person, group, partnership or other entity of at least ten percent (10%) of the Operator shall be considered a sale, transfer or assignment. Any such transfer, sale, sublease or assignment shall immediately void the Franchise Agreement. Should the CITY Council agree to any such transfer, sale, sublease or assignment, each and every one of the terms, covenants and conditions of the written Agreement shall inure to the benefit of and shall bind all successors and assigns of the parties hereto.
XVI.
A.
INDEPENDENT STATUS
FRANCHISEE Not Employee of City
FRANCHISEE is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its officers, employees or agents shall have control over the conduct of FRANCHISEE or any of its officers, employees or agents except as set forth herein. FRANCHISEE shall not at any time or in any manner represent that it or any of its officers, agents or employees are in any manner officers, agents, or employees of CITY.
B. Right of Control
City shall have the right to control FRANCHISEE only insofar as the results of FRANCHISEE's services rendered pursuant to this Agreement. CITY shall not have the right to control the means by which FRANCHISEE accomplishes services rendered.
XVII. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY
ACTS
A. Compliance with Fair Employment Practices Act
FRANCHISEE shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections 1410 et seq) and the
applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 2003- 2217), whichever is more restrictive.
B. Equal Opportunity
FRANCHISEE affirms that it shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. FRANCHISEE will ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, sex, or national origin. Such a policy of FRANCHISEE shall apply, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
C. Employment of Aliens
FRANCHISEE warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the Immigration Reform Act of 1986 (P.L. 99- 603). FRANCHISEE shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. FRANCHISEE shall retain such documents for all covered employees for the period prescribed by law. FRANCHISEE shall indemnify, defend, and hold harmless, the CITY, its offices and employees from employee sanctions and other liability which may be assessed against the CITY in connection with any alleged violation of federal or state statutes or regulations pertaining to the eligibility for employment for employment of persons performing services under this Agreement.
XVIII. NOTICE
A. Notice Upon CITY
Whenever it is necessary for FRANCHISEE to serve notice to CITY respecting the provisions of this Agreement, FRANCHISEE shall submit such notice in writing to:
Chief of Police
City of La Verne
2061 Third St.
La Verne, California 91750-4497
B. Notice Upon FRANCHISEE
Whenever it is necessary for CITY to serve notice to FRANCHISEE respecting the provisions of this Agreement, CITY shall submit such notice in writing to:
Sanders Towing Inc.
Scott L. Dilley, President
344 W. Arrow Highway
San Dimas, California 91 773
C. Notice Effective
XIX.
Notice shall deemed to be served upon personal delivery or three (3) days after deposit in the United States mail.
ATTORNEY'S FEES
If any action at law or in equity, including an action for declaration relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs and necessary disbursements, in addition to any other relief to which it may be entitled.
XX. SIGNATURES
Authorized signature of FRANCHISEE is hereby affixed as evidence of understanding of agreement to comply with the provisions of this Agreement.
Signature: ✓~~
Scott L. Dilley, President
Sanders Towing Inc.
Authorized signature of CITY is hereby affixed as evidence of understanding of agreement to comply with the provisions of this Agreement.
Signature:
Tim Hepburn, Mayor
La Verne, California
Attest:
Approved As To Form:
EXHIBIT A
~tl~~J
A-&451.st&tt Y t lg City Clerk
Robert L. Kress
City Attorney
Without limiting FRANCHISEE's indemnification of CITY, and prior to commencement of Work, FRANCHISEE shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
General liability insurance. FRANCHISEE shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $3,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. FRANCHISEE shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the FRANCHISEE arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.
Umbrella or excess liability insurance.
FRANCHISEE shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth
above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Garage Keeper's Legal Liability. FRANCHISEE shall provide garage keeper's legal liability insurance with a limit of no less than $250,000 per vehicle and $1,250,000 aggregate per loss.
Workers' compensation insurance. FRANCHISEE shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
FRANCHISEE shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Other provisions or requirements
Proof of insurance. FRANCHISEE shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. FRANCHISEE shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by FRANCHISEE, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by FRANCHISEE shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY's rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by FRANCHISEE or CITY will withhold amounts sufficient to pay premium from FRANCHISEE payments. In the alternative, CITY may cancel this AGREEMENT. -
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow FRANCHISEE or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. FRANCHISEE hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). FRANCHISEE acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform FRANCHISEE of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the FRANCHISEE maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the FRANCHISEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. FRANCHISEE agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten ( 10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that FRANCHISEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
CALIFO
I) I\.. TT A 14039 Francisqu ito Avenue , Baldwin Park, CA 91706 1626-517-8500 (Ma in) '.l\J. ~ .l.fi. 800-735-2929 (TT/TDD)
HIGHWAY PATROL 800-735-2922 (Voice )
CALIFORNIA STATE TRANSPORTATION AGENCY
September I 0, 2025
_Eile_11o.: 525_1-7563 .226 s_g_
Mr. Scott Dilley
Sanders Towing Inc.
344 W. AtTow Hwy.
San Dima s, CA 91773
Dear Mr. Dilley:
GA VIN NEWSOM, GOVERNOR
The California Highway Patrol , Baldwin Park Area office has reviewed your subm itted CHP 234A, Rotation Tow Listing Application , fonn. The rates you submitt ed have been approved and will be effect ive September I 0, 2025 , and will remain in effect through June 30, 2026.
Based upon inspection of your cunent equipment , and the location of your business office , you are eligib le to service the following Baldwin Park At·ea districts:
Class A (Light Duty): 3, 4, 5, 6, 7.
Class B (Medium Duty): 3, 4, 5, 6, 7.
The abo ve district assignments are subject to cha nge and may be modified as a result of any discip linary action regarding response to calls. If you have any questions concernin g this matter please contact Office r Heredi a at (626) 517-8500.
Sincere ly,
;fkf~
V. WALTON, Captain
Commander
Baldwin Park Area
Safety, Service, and Security
CHP 49 (Rev 4-25) OPI 003
AN INTERNATIOCIALLY
ACCREDITED AGENCY .~ .
'i
STArE OF bALIF6RNJA
!)F.PAf<'rMEN'I' OF CAUFORNJA: HIOHWA Y PATROL
ROTATION TOW LISTING APPLICATION
CHP 234A (l~ev. 3·15) OPI 061
TYPE OR PRINT CLEARLY
====~=================s=
t;:;!'fP"ARf.!A OF APPL!qA'flON
BALDWIN PARK
tffl-/NE&S-liMt ..
SANDERS TOWING INC.
CHPAREA
CHP AREA NlJM8ER
BUSINESS
BALDWIN PARK
____ -___ _
_SUStNEGS _ AQDRESS DAY PHONE.NUMBER (INCLUD!: Mf:A COO!;:) j44 WEST AIZROW HIGHWAY, SAN DIMAS, CA 91773 (909) 599-3178 ~USINES~ MAILING APORESS IF DIFFERC:NT THAN ABOVE NIGHT PHONE NUMBt.:R (INCLUDE.AREA CQ.OE.) -',.,,,~~~~===~---~~~~~~~-----'--------1~(9,~0c;..L9)J99-3178 NUMOEI~ OF YEARS IN TOWJN{; BUSINESS I AUTOMOBILE CLUBAFFILIATE(S) 50 .·• . AAA
HAVE YOU OR ANYONE FINANCIALLY INVOLVED ~TH YOUR COMPANY EVER'"o"E"'E'"'N"'c""o"Nv"'1"'c·c:rE"Dc:O"F'""A""N"'Y-:;Cc;:R"'1M""E"'1N"'V"O""L,CVC,IN°'G-:;S::cTO:cL-:;EccN-:;O-;;R-:;Ec,M,cBE""zz=-1.E"'D:CVEHlCI.ES, FRAUD RELATED TO THE 'rOWiNG" BUSINESS, STOLEN OR EM8EZZLED PROPERTY, CRlMES OF VIOLl:NCE, SEX°UAL CHIME:$, DRUG RELATED OFFENSES, FELONY DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOi. AND/ON DRUGS V'vHII.E -INVOLVED IN A.Cl-IP ROTATION TOW CALL, Of~ MORAL TURPITUDE? • □ YES G']NO
------------------VEHICLE STORAGE
.f'RIMARY STORA(;E YARD.ADDRESS. -------~~c-------------- 344WESTARROWHIGHWAY,SANDJMAS,CA91773 0 OWNED IZ]LE/\SED , .. □ RENTED ~s"Ec"o~N70A-"R"v'-~c-T"ee"A".G'"',""v"AR~o",-"0"'01"1E"s"s-'--'-"--'-"'-"-'-=====c..c..'--'-C _________ ~ ___ 4 ___ ---~~~~-~~----- 0 OWNED 0 LEASED 0 RENTED
• ADDITIONAL STORAGE-YARD ADDflESS
0 OWNED _ Q LEASED 0 RENTED
,PUT_SJDE _STQR'AG.E CAPACITY-----
15.0 I ;SIDE STORAGE CAPACITY
FINANCIAL INTEREST
tECJ/1I .. 0WNER"{IF FIRM, COMrM,MY, ASSOCIATION OR COHPORATION, LIST Al.l PERSONS HAVINO PINANCIAL 1iirce-~.~sr~,--'------~ StOTT&CHRISDll,LflY
00:YOiiHAV,E ANY J=INANCIALINTEREST INANY OTHER row COMPANY WITHIN THE LOCAL CKl' MEA? 0 YES [l] NO
IF YES, UST THE
~~-'----~
I.
ooes ANY MEMBER OFYOUR F-AMILY (RELATED BY BLOOD OR MARRIAGE} OPERATE ANOTHER IF YES, UST THE OTUEf~ Ci-JP A~frAi'sj: -~-----'-~ ·------- TOY,.,_S_E.RVIGE. IN THE LOCAL CHP /IRE/\?. 0 YE;S [Z] NO ========~+=~======-cic=----'--'--'~---'--=·~--,"_;,~,:,,.:.~~~~·- ,c..c.c.~..:.__ AREY◊u cURRENTLY m,1 RO'fAjiciN ·oR APl~Lvn,i'G FO°F~"ROTA110N WITHIN 11NY OTHER CHP 1F YES, usr 1HE ornERcct-iP ~lif:A(S):
AREA? 0 YES [l] NO
DO YOU SH.I\RE ANY' FAGILIT_JES WITH A-N-v-oT_H_E_R_To-w=co_M_P_A~N,-,--------1--.,c,-,-,-,.-,-,s-T _Tf_lG_O~T-HC:--R~T-O_W_C_O_M_PA_N_v,-,-,, ~~~--"--'-'--=-'-----=--'-- •.• □ YES IZ]NO
$540.00
INSIDE STORAGE $79.00
OUTSIDE STORAGE $77.00
LABOR (NONSKILLED)
ifS-~~fipl$:rrs''";.c::¥::
2 :~2, --':r·'1""-;'";"."''~;;:-,t·:
LANDO LL $480.00
FORKLIFT $120.00
REPELLING $190.00
DUMJ> TRAILER $270.00
ROTATOR $1,000.00
SALVAGE RECOVERY $1,130.00
AIRBAGS $630.00
RENTAUSKILLED LABOR MARKUP(%)
Destroy Previous Editions Gr1p234A..,O't19.pdl
CHP 234A (Rev. 3-15) OPI 061 PAGE 2
TOW TRUCKS
CHECK CL.ASS(ES) APPLYING FOR AND INDICATE TOTAL NUMBER OF TRUCKS IN EACH CL.ASS.
IZ] CLASS A (MINIMUM 14,000 GVWR) NUMBER OF CLASS A TRUCl<S: 9 0 CLASS B (MINIMUM 33,000 GVWR) NUMBER OF CLASS B TRUCKS: J 0 CLASS C (MINIMUM 52,000 GVWR) NUMBER OF CLASS C TRUCKS 0 Gb-ASS l;;J-{MINIMtclM--!i4-;000 GVWR-t- NUMBER ep e LASS--El TRUCKS-:-1 COMMlcN TS
Cl ASS A NIGHT R AT.£; . ...$J.5.:?WD-- - - --- -------------------------------- CLASS B NIGHT RATE: $418.00
APPLICANT'S CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED THAT GIVING FALSE INFORMATION TO A PEACE OFFICER . EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.
PRIIH NAME AND TITLE DATE
SCOTT DILLEY, PRESIDENT 08/27/2025
AREA APPROVAL
0 DISAPPR_O_V_E_D ___________________ ,_ _ __________ _ _ _
REMARKS (REQUIRED IF DISAPPROVED)
APPROVED
I D NUMBER DATE
- --U-- ~ -'-~~~~- ,-------- -----=-=~~_l__\ l......::.....::) __,,,~~----1.. 1/LPPS-
MAXIMUM RESPONSE TIME
HOURS CLASS A CLASS B CLASS C CLASS D
DAY osoo • 1930 45
NIGHT 1q30 - 0500 2.0 20 45
AGREEMENT TERM
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON Scf>Tev-t~eR \O , "2.o'2.5 -~---~ ---'--- ~~- ---- ------ ---AND END ON 3\,µ'€ 20 , '2..02\D.
DIVISION APPROVAL (REQUIRED IF APPL YING FOR MULTIPLE AREAS) □ APPROVED 0 DISAPPROVED
REMARKS
DIVISION COMMANDER'S SIGNATURE
Destroy Previous Editio ns Cl1p234A_0•119.pdl
California Highway Patrol Maximum Allowable Tow and Storage Rates (FY2025-26) Category Tows Inside Storage Outside Storage
Class A
(Cars and Trucks)
$326.55 / hour $81.06 / day $77.78 / day
Class B
(Over 1-ton w/out air brakes)
$383.03 / hour $81.29 / day $80.83 / day
Class C
(2-3 Axle w/ air brakes)
$544.81 / hour $86.51 / day $87.34 / day
Class D
(Tractor Trailers)
$603.70 / hour $90.55 / day $88.75 / day
Motorcycles
$326.55 / hour $81.06 / day $77.78 / day
Type Previous Fees Proposed Fees
Light Duty per hour, one hour minimum $270 $320
Medium Duty per hour, one hour minimum $320 $380
Heavy Duty per hour, one hour minimum $370 $540
Super Heavy Duty per hour, one hour minimum $420 $600
Labor per hour, one hour minimum (15-minute
increments thereafter)
$135 $160
Non-business Hours Release $135 $160
Storage Motorcycles $68 $77
Storage Passenger Type Cars $68 $77
Storage Trucks & Vans $68 $87
Inside Storage Passenger Cars & Motorcycles $75 $80
City of La Verne,City Council
Agenda Report
DATE: November 3, 2025
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: AUTHORIZING THE EXECUTION OF A SIDE LETTER AGREEMENT
AMENDING THE MEMORANDUM OF UNDERSTANDINGS BETWEEN THE
CITY OF LA VERNE AND THE LA VERNE FIREFIGHTERS’ ASSOCIATION REGARDING EDUCATION INCENTIVES.
SUMMARY
In February, April and again in June, the City Council approved Side Letter Agreements to the Memorandum of Understandings (MOUs) with the La Verne City Employees’ Association (CEA), La Verne Police Officers’ Association (POA), and La Verne Firefighters’ Association (LVFA) that formalized tentative agreements on language changes needed for compliance with California Public Employees Retirement System (CalPERS) requirements. After additional discussion with CalPERS, the LVFA side letter needs further amendment to be in compliance.
RECOMMENDATION
That the City Council authorize the City Manager to execute a Side Letter Agreement amending Memorandum of Understandings between the City of La Verne and the La Verne Firefighters’ Association Regarding Education Incentives.
DISCUSSION
As noted in previous agenda reports for Side Letter Agreements with employee associations, there are additional amendments needed to be in compliance with CalPERS requirements. The City currently has MOUs with the various employee associations including the CEA, POA, and LVFA. As part of a CalPERS audit process, sections of the MOUs were queried related to the reporting of education incentives. Specifically, the audit highlighted the benefit for clarity and consistency in how education incentives are documented and reported for pension calculations.
The CalPERS Audit Compliance and Resolution team provided guidance on language changes to education incentives, particularly in the context of what constitutes pensionable compensation. In response, the City worked with the respective employee associations (CEA, POA, and LVFA) to revise and update the language in the MOUs to reflect these necessary clarifications.
However, additional modifications to the approved LVFA MOU language have been identified by the CalPERS Audit Compliance and Resolution Team after the previous changes.
The proposed side letter modify the MOUs between the City and LVFA to bring the agreement into compliance with CalPERS regulations. The modifications:
Authorizing the Execution of a Side Letter Agreement Amending the Memorandum of Understandings Between the City of La Verne and the La Verne Firefighters’ Association Regarding Education Incentives. , Page 2
1. Clarify eligibility criteria for education incentives, ensuring that only qualifying incentives that are directly tied to job requirements or skills enhancement will be considered for pension purposes.
2. Define "education incentive" more specifically, distinguishing between what qualifies as a "bonus" versus pensionable compensation to align with CalPERS' interpretation of pensionable pay.
3. Ensure proper reporting of education incentives on all pay records submitted to CalPERS to avoid any discrepancies or potential penalties.
These changes have no additional impact beyond achieving compliance as directed by CalPERS. Positively, Staff believes this action will resolve all remaining issues identified in the CalPERS audit and bring closure to the matter.
FISCAL ANALYSIS
There is no additional fiscal impact with this City Council action.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. SIDE LETTER TO LVFA_CalPERS Language Changes_10-2025
2. MOU-LVFA-Draft CalPERS Language Changes 10-2025
SIDE LETTER AGREEMENT TO THE 2021-2022 and 2022-2026
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LA VERNE AND THE LA VERNE FIREFIGHTERS’
ASSOCIATION
The City of La Verne (“City”) and the La Verne Firefighters’ Association (“Association”) have entered into a Memorandum of Understanding (“MOU”) covering the prior period of July 1,2021 – December 18, 2022 and the current period of December 19, 2022 – December 19, 2026.
The City and the Association have agreed to revise the following sections to ensure compliance with the California Public Employees' Retirement System (CalPERS). These changes are procedural and will not affect the overall compensation structure or employee benefits.
Effective July 1, 2021 Article 8 of the MOU will be amended as follows:
Article 8 – Salary Rates and Step Advancements
D. Driver Operator Program. Beginning in July 2015, the City will establish a Driver Operator Certification Program to be paid once annually at the amount of $600. Eligibility for this program is as follows:
• Must complete Driver Operator 1A and 1B
• Must submit proof of completion of all required courses toward the Driver Operator Certification from the California State Fire Marshal’s Office to the Training Chief
• Must log a minimum of 40 hours operating a Fire Department apparatus in the current fiscal year (July – June) before being eligible
• Employees receiving the Company Officer Certification payment will not be eligible for the Driver Operator Certification payment The above eligibility requirements for the Driver Operator Certification Program must be met no later than July 1 of each year to receive the annual payment amount. The parties intend that the payment made pursuant to the Driver Operator Program should be reported to CalPERS as Educational Incentive pay.
If CalPERS or any court determines that payments made pursuant to the Driver Operator Program are not deemed part of reportable compensation, then the City shall not be liable for any loss of retirement benefits as a result of the determination
F. Chief Officer Incentive Program. Beginning in July 2023, the City will establish a Chief Officer Incentive Program to be paid once annually at the amount of $1,750 to those employees deemed eligible. Eligibility for this program will be as follows:
• Must submit proof of completion of all required courses toward the Chief Officer Certification from the California State Fire Marshal’s Office to the Training Chief
• Employee’s receiving the Driver Operator Certification or Company Officer Program payment will not be eligible for the Chief Officer payment.
■
The above eligibility requirements for the Chief Officer Certification Program must be met no later than July 1 of each year to receive annual payment amount. The parties intend that the payment made pursuant to the Chief Officer Program shall be reported to CalPERS as Educational Incentive pay.
If CalPERS or any court determines that payments made pursuant to the Chief Officer Program are not deemed part of reportable compensation, then the City shall not be liable for any loss of retirement benefits as a result of the determination.
G.
Company Officer Program. The Company Officer Certification Program is to be paid once annually at the amount of $1,500 to those employees deemed eligible. Eligibility for this program will be as follows:
• Must submit proof of completion of all required courses toward the Company Officer Certification from the California State Fire Marshal’s Office to the Training Chief
• Employees receiving the Driver Operator Certification payment will not be eligible for the Company Officer payment
The above eligibility requirements for the Company Officer Certification Program must be met no later than July 1 of each year to receive annual payment amount. The parties intend that the payment made pursuant to the Company Officer Program shall be reported to CalPERS as Educational Incentive pay. If CalPERS or any court determines that payments made pursuant to the Company Officer Program are not deemed part of reportable compensation, then the City shall not be liable for any loss of retirement benefits as a result of the determination.
H.
CICCS Qualification Incentive Program. Beginning in July 2023, the City will establish a CICCS Qualification Incentive Program to be paid once annually at the amount of $1,000 for obtaining one (1) CICCS qualification to those employees deemed eligible. Eligibility shall be based solely on possession of required certifications The total amount an employee may receive annually is $1,000.
DATED___________________________ DATED__________________________
LA VERNE FIREFIGHTERS’ ASSOC. CITY OF LA VERNE
By_______________________________ By_______________________________ LVFA Representative Ken Domer, City Manager
By_______________________________ By_______________________________ LVFA Representative JR Ranells, Assistant City Manager
-1-
10298467.1 LA080-037 -11/28/22
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
AND
THE LA VERNE FIREFIGHTERS ASSOCIATION
___________________________________________
This Memorandum of Understanding (hereinafter referred to as “MOU” or “Agreement”) is entered into this 19th day of December, 2022, between the City of La Verne (hereinafter referred to as “City”) and the La Verne Firefighters’ Association (hereinafter referred to as “Association).
Article 1 – Recognition
The City recognizes the Association as the recognized employee organization for the following classifications:
Firefighter
Firefighter Paramedic
Fire Engineer
Fire Engineer Paramedic
Fire Captain
Fire Captain Paramedic
All employees in the classification of Firefighter who possess paramedic certification as of December 31, 2022 will be in the classification of Firefighter Paramedic. The base salary for Firefighter Paramedic shall equal the base salary for Firefighter plus the equivalent to fifteen percent (15%) above the Step 5 Firefighter base salary. Wherever there is an increase in the base salary for the Firefighter classification, there shall be an equivalent increase to the Firefighter Paramedic classification. All employees in the classification of Fire Engineer who possess paramedic certification as of December 31, 2022 will be in the classification of Fire Engineer Paramedic. The base salary for Fire Engineer Paramedic shall equal the base salary for Fire Engineer plus the equivalent to fifteen percent (15%) above the Step 5 Firefighter base salary.
Wherever there is an increase in the base salary for the Fire Engineer classification, there shall be an equivalent increase to the Fire Engineer Paramedic classification. All employees in the classification of Fire Captain who possess paramedic certification as of December 31, 2022 will be in the classification of Fire Captain Paramedic. The base salary for Fire Captain Paramedic shall equal the base salary for Fire Captain plus the equivalent to fifteen percent (15%) above the Step 5 Firefighter base salary. Wherever there is an increase in the base salary for the Fire Captain classification, there shall be an equivalent increase to the Fire Captain Paramedic classification.
-2-
10298467.1 LA080-037 -11/28/22
Article 2 – City Council Approval
These terms and conditions of employment are of no force or effect until ratified and approved by Resolution duly adopted by the City Council of the City of La Verne.
Article 3 – Management Rights
To the extent that the following are not inconsistent with specific provisions in these terms and conditions of employment and to the extent that the following are not within the scope of representation, the following constitute the rights of management:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify, or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline, or discharge any employee.
6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, divisions or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used therein.
9. Determine the size, character and use of inventories.
10. Determine financial policy, including accounting procedure.
11. Determine the staffing of classifications not represented by the Association.
12. Determine selection, promotion, or transfer of employees.
13. Determine the size and character of the work force.
14. Determine the allocation and assignment of work to employees except in those instances where the affected employee receives additional compensation as a result of performing a given assignment.
15. Determine policy affecting the selection of new employees.
16. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
17. Determine administration of discipline.
18. Determine control and use of City property, materials, and equipment.
19. Place work with outside firms.
20. Determine the kinds and numbers of personnel necessary.
21. Require employees, where necessary, to take in-service training courses during working hours.
22. Prescribe a uniform dress to be worn by designated employees.
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Any grievance arising out of or in any way connected with the existence or the legality of any of the above-described rights of management is not subject to the grievance procedure unless such grievance is otherwise grievable under another Article of these terms and conditions of employment.
Article 4 – Association Rights
The Association retains the right to engage in the meet and confer process and employer/employee relations including, but not limited to, wages, hours and other terms and conditions of employment.
Article 5 – Association Dues
A. The City shall deduct dues biweekly from the paychecks of each employee and remit to the Association such monies that employees authorize in writing the City to deduct.
B. The Association agrees to hold harmless and indemnify the City against any claims, causes of action, or lawsuits arising from such deductions or transmittal of such deductions to the Association.
Article 6 – No Strike/No Lockout
It is to the mutual benefit of the City and the Association to encourage resolution of differences through negotiation. Therefore, the City shall not cause a lockout of employees; and the Association shall not cause a strike, slowdown, stoppage of work, or acts of any nature that would interfere with the operations of the City.
Should differences arise between the City and the Association or its members as to the meaning and/or application of any provisions of these terms and conditions of employment, the City and Association shall call a meeting or series of meetings to settle any differences in accordance with the terms and conditions of these conditions of employment.
Article 7 – Layoff Procedures
A. In the event of reduction in the work force, the employee in the classification reduced with the least seniority shall be laid off first.
B. Any represented employee who has been notified of layoff may elect to accept the layoff or exercise bump-down rights. Represented employees, if qualified and able to work, shall be authorized to bump into any lower rated classification within the department and replace any employee who has less
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seniority. Employees exercising bump down rights must do so within seventy-two (72) hours after receipt of notice of layoff.
C. Employees bumped by higher seniority employees shall themselves have the option of exercising bump down rights.
D. Employees who have been laid off or demoted will be placed on a reemployment list that shall remain in effect for 12 months from the date created. The Personnel Officer may extend the list for an additional 6 months.
E. While the reemployment list is in effect, no new employee shall be hired until all employees on layoff have been given the opportunity to return to work.
F. Such employees shall be rehired or reinstated to the position held at the time of separation and in reverse order of their layoff or demotion. Such rights of reinstatement must be exercised within twenty (20) calendar days after the City deposits its written notice of recall from layoff in the United States Mail addressed to the employee's last known address. Such mailing shall be by certified mail – return receipt requested.
G. Reemployed individuals shall be entitled to the following:
1. Reinstatement of service seniority as of the date of layoff.
2. Receive the salary for the classification in effect at the time of rehire and reinstatement to the salary step the employee occupied immediately prior to the layoff.
3. The accrual rate of vacation and sick leave in effect for the employee’s seniority level and class at the time of rehire.
4. All the benefits and programs in effect at the time of the layoff provided those benefits and programs would be applicable to the employee in the classification he/she is returned, had he/she not been laid off.
Article 8 – Salary Rates and Step Advancements
A. Salary Step Advancement. A five (5) step salary schedule with five percent (5%) difference between steps is hereby established for the classifications listed in Article 1 of these terms and conditions of employment.
1. Step 1. This is the minimum rate and will be the hiring rate. In special cases, when it is merited by experience, education, training or other qualifications, the City may approve hiring at a higher salary step. If an employee is hired at a step other than 1, he/she must wait one (1) year until the next step increase.
2. Step 2. This salary step is attainable after completion of six (6) calendar months of service if the employee has demonstrated satisfactory job progress.
3. Step 3. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
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4. Step 4. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
5. Step 5. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
B. Salary Increase and Median Salary Range Adjustments. At the beginning of the first full pay period for July 2023, July 2024, July 2025 and July 2026, the steps of the salary schedule for Firefighter, Fire Engineer, and Fire Captain will be adjusted to equate Step 5 with the median top base monthly salary for those classifications surveyed as of July 1st of each respective year (2023, 2024, 2025, and 2026), utilizing the local agencies identified below in this section. Said salary adjustments shall be rounded to the nearest one-half percentage point (0.25% and
0.75% shall be rounded up). Should the median salary decrease for a classification, the City will maintain the then current salary schedule for that classification.
The local agencies that will be surveyed for comparison purposes include the following local agencies: the cities of Monrovia, Montclair, Ontario, Rancho Cucamonga, and West Covina, the Chino Valley Fire District, and the County of Los Angeles.
In the event that a fire department in a local agency is disbanded or ceases to exist, the Association and the city agree to meet and confer on the selection of replacement agencies for salary comparison purposes.
C. Paramedic Program.
1. Maintenance of Certification. Employees in a paramedic classification will be required to maintain current certification through the Los Angeles County Department of Health Services. In the event that an employee in a paramedic classification fails to maintain paramedic certification, said employee will be given a grace period of three (3) months to enable him/her to regain the certification. During such grace period, the employee's salary will be reduced to the equivalent salary step of their rank (i.e. step 5 Firefighter Paramedic would be reduced to step 5 Firefighter). If following the grace period, the employee is unable to regain his/her certification or secure a voluntary reassignment to another budgeted position, said employee may be subject to discharge without affective the bumping or layoff of another employee with less seniority.
2. Paramedic Coordinators. Employees who possess a current, valid Paramedic certificate and are routinely and consistently assigned by the Fire Chief to coordinate training activities in auxiliary medical techniques shall receive a monthly stipend of two and one-half percent (2.5%) above their current salary. This stipend shall be paid every pay period for as long as the employee is assigned to this role. Eligibility for this assignment shall be based solely on the possession of a valid
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Paramedic certificate and objective assignment criteria established by the employer.
3. F.D. Driver Operator Program. Beginning in July 2015, the City will establish a Driver Operator Certification Program to be paid once annually at the amount of $600. Eligibility for this program is as follows:
• Must complete Driver Operator 1A and 1B
• Must submit proof of completion of all required courses toward the Driver Operator Certification from the California State Fire Marshal’s Office to the Training Chief
• Must log a minimum of 40 hours operating a Fire Department apparatus in the current fiscal year (July – June) before being eligible
•
La Verne Firefighters Association members on new
employment/initial probation are not eligible (does not apply to members on promotional probation)
• La Verne Firefighter Association membersEmployee’s receiving the Company Officer Certification payment will not be eligible for the Driver Operator Certification payment
The above eligibility requirements for the Driver Operator Certification Program must be met no later than July 1 of each year to receive the annual payment amount. The parties intend that the payment made pursuant to the Driver Operator Program shall be reported to CalPERS as Educational Incentive pay. If CalPERS or any court determines that payments made pursuant to the Driver Operator Program are not deemed part of reportable compensation, then the City shall not be liable for any loss of retirement benefits as a result of the determination E. Special Assignments. Members placed in any of the following assignments: will receive $175 per month for holding the following special assignments: SCBA; Telestaff ; Arson/Fire Investigator ; Haz Mat Tech/Spec/Instructor ; USAR Tech/Spec/Instructor ; PPE/Equipment/Supply Specialist.
Each Special Assignment will initially be for a two (2) year term and selected by the Fire Chief. The Fire Chief will have the ability to reappoint or extend a term for each Special Assignment for an additional two (2) years. The Chief has discretion to remove an assigned employee from a Special Assignment at any time for a non- disciplinary reason, and such removal is not considered a disciplinary action or subject to any grievance or appeal process. The Department may also remove an employee from a Special Assignment as a result of a disciplinary action, subject to applicable due process procedures.
a) SCBA Assignment - Full-time, Association members who are selected by the Fire Chief on assignment to SCBA and are routinely and consistently assigned to the SCBA duties are eligible to receive SCBA Special Assignment Pay.
b) Telestaff Assignment - Full-time, Association members who are selected by the Fire Chief on assignment to Telestaff and are routinely and consistently assigned to the Telestaff duties are eligible to receive Telestaff Special Assignment Pay.
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c) Arson/Fire Investigator Assignment - Full-time, Association members who are selected by the Fire Chief on assignment to Arson/Fire Investigator and are routinely and consistently assigned to the Arson/Fire Investigator duties are eligible to receive Arson/Fire Investigator Special Assignment Pay.
d) Haz Mat Tech/Spec/Instructor Assignment - Full-time, Association members who are selected by the Fire Chief on assignment to Haz Mat Tech/Spec/Instructor and are routinely and consistently assigned to the Haz Mat Tech/Spec/Instructor duties are eligible to receive Haz Mat Tech/Spec/Instructor Special Assignment Pay. e) USAR Tech/Spec/Instructor Assignment - Full-time, Association members who are selected by the Fire Chief on assignment to USAR Tech/Spec/Instructor and are routinely and consistently assigned to the USAR Tech/Spec/Instructor duties are eligible to receive USAR Tech/Spec/Instructor Special Assignment Pay. f) PPE/Equipment/Supply Specialist Assignment - Full-time, Association members who are selected by the Fire Chief on assignment to PPE/Equipment/Supply and are routinely and consistently assigned to the PPE/Equipment/Supply duties are eligible to receive PPE/Equipment/Supply Special Assignment Pay.
G.F. Chief Officer Incentive Program. Beginning in July 2023, the City will establish a Chief Officer Incentive Program to be paid once annually at the amount of $1,750 to those employees deemed eligible by the Fire Chief. Eligibility for this program will be as follows:
• Must submit proof of completion of all required courses toward the Chief Officer Certification from the California State Fire Marshal’s Office to the Training Chief
•
Must be an Association member in good standing for at least 12 months La Verne Firefighter AssociationEmployee’s members receiving the Driver Operator Certification or Company Officer Program payment will not be eligible for the Chief Officer payment The above eligibility requirements for the Chief Officer Certification Program must be met no later than July 1 of each year to receive annual payment amount. The parties intend that the payment made pursuant to the Chief Officer Program shall be reported to CalPERS as Educational Incentive pay. If CalPERS or any court determines that payments made pursuant to the Chief Officer Program are not deemed part of reportable compensation, then the City shall not be liable for any loss of retirement benefits as a result of the determination.
H.G.
Company Officer Program. The Company Officer Certification Program is to be paid once annually at the amount of $1,500 to those employees deemed eligible by the Fire Chief.. .Eligibility for this program will be as follows:
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• Must submit proof of completion of all required courses toward the Company Officer Certification from the California State Fire Marshal’s Office to the Training Chief
•
Must be an Association member in good standing for at least 12 months
• La Verne Firefighter Association membersEmployee’s receiving the Driver Operator Certification payment will not be eligible for the Company Officer payment
The above eligibility requirements for the Company Officer Certification Program must be met no later than July 1 of each year to receive annual payment amount. The parties intend that the payment made pursuant to the Company Officer Program shall be reported to CalPERS as Educational Incentive pay. If CalPERS or any court determines that payments made pursuant to the Company Officer Program are not deemed part of reportable compensation, then the City shall not be liable for any loss of retirement benefits as a result of the determination.
I.H.
CICCS Qualification Incentive Program. Beginning in July 2023, the City will establish a CICCS Qualification Incentive Program to be paid once annually at the amount of $1,000 for obtaining one (1) CICCS qualification to those employees deemed eligible by the Fire Chief. Eligibility shall be based solely on possession of required certifications The total amount an employee may receive annually is $1,000.
J.I. Salary Plan Administration.
1. Employees shall be paid by twelve noon (12:00) on or before every other Friday. When the normal pay day falls during an employee's annual vacation leave, such employee shall receive a partial vacation advance on the last working day prior to such an annual vacation leave provided a written request is submitted to the Finance Officer at least five (5) working days prior to said leave.
2. All employees shall receive at least one (1) annual written department evaluation pursuant to department policy as established by the Fire Chief. Written evaluations will be given to the employee before the end of the particular evaluation period. In cases where an employee is away from the worksite for an extended period, the evaluation will be given to the employee at the earliest opportunity upon his/her return.
Employees who are eligible for a merit increase and who receive an overall rating of satisfactory or above, shall receive that merit increase at the time it would normally have been given had the employee been at the City worksite, unless the Department Head extends the merit increase date.
3. All step increases, promotions, demotions, or other changes in the employees' salaries shall occur at the beginning of the closest pay period.
4. The City shall have the option of eliminating paper checks and requiring all employees to be paid by direct deposit. All employees
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who are not currently enrolled in direct deposit, are encouraged to contact the Finance Department to become enrolled.
E. Probationary Period.
1. All original, promotional, or transfer appointments shall be tentative and subject to a probationary period of one (1) year.
2. The probationary period may be extended by the City as a result of an employee's unfavorable evaluation for a period not to exceed six (6) months.
3. During the probationary period, a newly hired employee may be discharged by the City without right of appeal if the City deems the employee unfit or unsatisfactory for permanent employment.
4. During the probationary period, a promoted employee may be demoted back to the previous job held without right of appeal, if the City deems the employee unfit or unsatisfactory for permanent appointment.
5. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting an employee whose performance does not meet the standards of work.
F.
Trainee Levels. The City may, at its discretion, establish trainee salary range levels and/or job descriptions.
G. New Classifications. The City may establish new job classifications.
Employees desiring to compete for such positions will be evaluated in the same manner as any candidate aspiring to receive appointment to the new position.
H. Reclassification.
1. The City may reclassify any job within the City service to accommodate changed job duties not anticipated in the original classification and assigned or directed to be performed by the City.
2. Reclassification shall not be used with the purpose of avoiding restrictions surrounding promotions and demotions.
3. An employee whose job is reclassified and includes a higher rate of pay shall receive the salary level in the reclassified position that is next higher than the salary currently held by such employee.
4. An employee whose job is reclassified and includes a lower rate of pay shall remain at the current level of pay until the new salary range equals or exceeds such current levels.
I.
Acting Appointments. The City may designate an employee to an acting capacity in a job classification different than that currently held by the employee. The employee shall receive five percent (5%) above the employee's current base monthly salary added to the employee's wages after thirty (30) consecutive calendar days of satisfactory service in such acting capacity as determined by the City.
1. Service in an acting capacity shall not continue beyond six (6) months without the agreement of all parties.
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2. An employee having served in an acting capacity and subsequently fully appointed to the position shall establish a new anniversary date as the first day of permanent appointment to the position.
J.
Promotion. The City may promote an employee to a higher job classification.
1. A promoted employee shall receive an increase in salary equal to the entrance salary of the promotional position or the next higher salary level provided, however, that no employee shall receive a salary that exceeds the maximum range level established for the promotional job classification. An employee serving in an acting capacity immediately prior to permanent appointment to the position shall be placed into the closest higher base salary rate step above their pre-promotional base salary rate step upon promotion.
2. A new anniversary date shall be established and the promoted employee shall be subject to a one (1) year probationary period. An employee rejected during this time shall be reinstated to the job classification previously held at the same salary level the employee had prior to the promotion. A rejection pursuant to this section shall not be considered a demotion as defined in section K.
K.
Demotion. The City may, with cause, demote an employee to a lower job classification.
1. A demoted employee shall receive a minimum decrease in salary equivalent to one (1) salary step provided, however, that no employee shall receive a salary which exceeds the maximum range level established for the lower job classification.
2. A new anniversary date shall be established for the demoted employee as the day on which the employee begins performing the duties of the lower job classification as determined by the City.
3. No probationary period shall be required for demoted employees.
Article 9 – Hours of Work
A. Work Week – Shift Employees. The normal workweek for shift employees shall consist of an average of fifty-six (56) hours on a shift basis. The normal shift schedule is the 48-96 plan in which employees are assigned to work back-to-back twenty-four (24) hour shifts for a total of forty-eight (48) hours starting at eight a.m. (8:00 a.m.) and ending at eight a.m. (8:00 a.m.) on the second consecutive day following the day the shift began.
B. Work Week – Non-shift Employees. The normal workweek for non-shift employees shall consist of five (5) consecutive eight (8) hour days, or forty (40) hours per week, or as scheduled at the discretion of the Department Head.
C. Time Calculations. For purposes of this section and other sections dealing with time calculations, an average fifty-six (56) hour workweek is
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equivalent to 242.66667 hours per month, and a forty (40) hour workweek is equivalent to 173.3333 hours per month.
D. Fit for Duty Evaluations. The on-duty Battalion Chief shall have the authority to determine whether employees have obtained sufficient rest during the previous night to enable him/her to continue working the second 24 hours of a shift. In the event that a Battalion Chief determines that an employee has not had sufficient rest, rendering him/her too fatigued to work the remainder of a shift in a competent manner, the Battalion Chief may relieve said employee of duty for the remainder of the shift. Any employee so relieved shall be placed on accumulated vacation or compensatory leave time if available.
E. Consecutive Work Hours. No employee may work 96 consecutive hours without express approval from the Battalion Chief.
Article 10 – Overtime
An employee shall be credited for authorized work before or after the normal regularly scheduled workday by receiving overtime at time and one-half.
A.
Authorization. Overtime must be authorized in advance and is governed by department policy as approved by the Fire Chief. (Also refer to Article 33 (H) of these terms and conditions of employment).
B. Rate. All employees covered by these terms and conditions of employment shall be paid at a rate of one and one-half hours for overtime hours worked in accordance with the provisions of the Fair Labor Standards Act as detailed in Article 33 of this Agreement.
C. Rank-For-Rank Replacement. All overtime assignments shall first be attempted to be made on a rank-for-rank basis with full-time personnel covered by these terms and conditions of employment. Permanent full- time employees shall be given priority to work overtime unless otherwise specified in these terms and conditions of employment.
D. Out of Rank Replacement. Prior to force hiring a member, vacancies may, at the discretion of the Fire Chief, be offered to individuals out of rank who meet the qualifications and, are signed up in their respective ranks.
Members “working down” must currently hold any and all required certificates, licenses, etc. to legally perform the duties of that rank.
Employees may not “work up” unless they have previously passed a promotional examination, or successfully completed a department position specific taskbook for that rank. Additionally, employees “working up” must currently hold any and all required certificates, licenses, etc. for the position in question. At the Chief’s discretion, the Chief may discontinue working up or down at any time, and such decision is not subject to any grievance or appeal process.
a. Qualified employees assigned to work down a rank on a temporary basis on a suppression shift shall be paid at the step and hourly rate corresponding to the rank being filled, not the employees current rank
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and step (i.e. Captain Paramedic Step 4 working down for a Firefighter Step 4 will be compensated at Firefighter Step 4).
b. Qualified employees assigned to work up a rank on a temporary basis on a suppression shift shall be paid for such working rank up hours at the same step and hourly rate that they currently occupy.
E. All back-fill assignments that are the result of a third-party contract will be paid at the rate of time and one-half.
For additional language on overtime, refer to Article 33 (H) of these terms and conditions of employment.
Article 11 – Call-Back Allowance
An employee who is called back to work after completing a regular work shift or work week and having left the City premises shall be compensated for a minimum of two (2) hours or for actual hours worked, whichever is greater, at the overtime rate. Travel time shall not be considered as hours worked and shall not be compensated in any manner.
Article 12 – Sick Leave
Employees shall accrue sick leave as follows:
A. Accrual Rate – Shift Employees. Shift employees shall accrue sick leave at the rate of eleven and two-tenths (11.2) hours per month.
B. Accrual Rate – Non-shift Employees. Forty (40) hour employees shall accrue sick leave at the rate of eight (8) hours per month.
C. Prorating. Sick leave shall accrue on a monthly basis beginning with the first month of employment. Sick leave accrual shall be prorated when an employee begins or terminates his/her employment in the middle of a month.
D. Accumulation. Sick leave may be accumulated indefinitely as long as the employee works for the City.
E. Deduction. Sick leave granted by the City and used by the employee shall be deducted from the employee's accrued sick leave balance.
F. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as otherwise regularly provided by these terms and conditions of employment.
G. Accrual After Separation. Sick leave shall not be accrued by any employee absent from duty after separation from City service or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City.
H. Physician's Certificate. Evidence, in the form of a physician's certificate or otherwise, may be required to determine the adequacy of reasons for an employee's absence during the time for which sick leave is requested.
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I. Personal Illness or Disability. An employee who has contracted or incurred a non-service connected illness or disability which renders him/her unable to perform the duties of his/her position will be eligible to receive paid sick leave provided that the employee complies with the utilization procedures specified in Section K of this Article.
J. Bereavement/Family Leave. Sick leave may be granted for death or illness involving members of the immediate family (for this purpose, members of the immediate family shall be defined as: spouse, mother, father, sister, brother, children, grandparents, grandchildren, mother-in-law, father-in-law) not exceeding seventy-two (72) hours per calendar year for shift employees or five (5) days for non-shift employees.
K. Utilization Procedure. An employee requesting paid sick leave in accordance with Sections I (Personal Illness or Disability) or Section J (Bereavement/Family Leave) above, shall comply with the following:
1. Call-in Procedure. The employee shall personally make telephone contact with the Battalion Chief on duty at least one and one-half (1 ½) hours before the time specified for the beginning of the work shift of his/her absence from duty. In cases in which the ill or disabled employee is physically unable to make personal telephone contact with the Battalion Chief, the individual designated to provide notification of the absence shall make telephone contact with the Battalion Chief.
2. Basis for Absence. The employee or other individual providing notification to a Battalion Chief of the employee's absence shall provide the specific reason for the absence.
3. Accessibility. An employee who is granted sick leave for personal illness or family illness shall be required to be available at his/her residence or that of an immediate family member for telephone or personal contact from the Battalion Chief during the employee's assigned shift. Exceptions to this requirement will be reviewed on a case-by-case basis.
4. Review. An employee who uses more than seventy-two (72) hours of sick leave in a fiscal year that has not been documented by a physician's certificate may be subject to appear before a review board comprised of Fire Department management personnel and an Association representative to discuss the bases for the absences.
L. Payment Upon Termination.
1. At termination of employment for other than disciplinary reasons, after fifteen (15) years of service, an employee shall be paid for accumulated sick leave on the books up to one (1) month's salary at the then current rate.
2. An employee who at the time of retirement has 2,000 hours or more of accrued sick leave will have the option of designating up to 2,000 hours in a spousal medical continuation account. The sole purpose of this “account” will be to supplement only the spouse’s medical insurance in the event of the association member’s death. The initial value of the account will be determined by multiplying the number of
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hours designated by ½ of the employee’s base hourly rate at the time of retirement. Funds of the account will be available only for the surviving spouse to supplement 50% of the monthly premiums due the city for the continuation of health insurance until they become eligible for Medicare (65 years of age). Only spouse designated at time of retirement will be eligible. Unless so utilized such account will have no value and may not be “cashed out.”
M.
Sick Leave Use Upon Termination. No sick leave shall be paid during an employee’s final two weeks of employment except if supported by a doctor’s written order.
Article 13 – Holidays
Due to the unique nature of work hours in the Fire Department, the following schedule for holidays shall be observed:
A.
Shift employees shall be paid on a monthly basis for ten (10) holidays per year. Pay shall be figured at eight (8) hours per holiday at the rate of time and one-half.
Employees who are scheduled to work on Christmas Eve and Christmas Day in a given year will have their work schedules modified so that the affected employees will not be required to work both holidays. To accomplish this, the duty shift assigned to work on December 22nd and 23rd will exchange the 23rd for the 24th of December.
B. Non-shift employees shall receive the following days off with pay:
1. New Year's Day
2. Martin Luther King Day
3. Presidents Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans Day
8. Thanksgiving
9. Day before Christmas
10. Christmas
In the event that a holiday falls on a Sunday, the Monday following will be observed as the holiday, or if it falls on a Saturday, the Friday preceding will be observed as the holiday.
Article 14 – Vacations
A. Accrual. Current LVFA members and those who are on the current eligibility list as of the date of June 30th, 2020 shall accrue paid vacation leave as provided below. Accrual shall be apportioned on a monthly basis and shall be prorated for employees who begin or terminate their employment in the middle of a month.
For Shift Employees:
Consecutive Years
of Service Shifts Per Year Equivalent Shift Hours 1-5 6.93 166.3