Agenda — Covina City Council, March 15, 2022 (part 2 of 3)

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be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

6. Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

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Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section

6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

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8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this

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Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.

E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

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A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate

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the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.

12. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

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13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc.
125 E. College Street 18800 Amar Road, Suite B13
Covina, California 91723 Walnut, CA 91789

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed,

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and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

21. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.

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25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

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The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name: Georgianna Nicole Alvarez
Title: Chief Deputy City Clerk
Consultant:

CEJ Engineers, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)

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EXHIBIT A

APPROVED FEE SCHEDULE

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PROJECT INSPECTION SERVICES FOR FRONT STREET IMPROVEMENT PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $20,000.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: FRONT STREET IMPROVEMENTS
JOB NO: SUMMARY PROPOSAL FEE
DATE: 02/18/22
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 14 $140 $1,960
Subtotal $1,950
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 190 $95 $18,050
Subtotal $18,050
Note:

Time Estimation based on a 60-DAY Project Schedule

PROPOSED FEE
PROPOSED FEE: $20,000
Proposal By / Project Manager: Joaquin Cervantes, P.E

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EXHIBIT B

SCOPE OF SERVICES

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Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 February 18, 2022

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: PROJECT INSPECTION SERVICES FOR FRONT STREET MISCELLANOUS CONCRETE IMPROVEMENT PROJECT NO. #P2203
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.

The CEJ team will provide services for the aspects required for this project as per the scope of work.

The following Exhibits are enclosed:
 Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.

Respectfully Submitted,
Joaquin Cervantes, P.E.

Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789

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PROJECT INSPECTION SERVICES FOR FRONT STREET IMPROVEMENT PROJECT Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the subject project as indicated on Plans and Specifications to commence on or about April 1, 2022. The major tasks include the following Perform Quality Assurance monitoring, Daily Inspections, and surveillances of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.

1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;

2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;

3. Respond to all of the Construction Contractors' Requests for Information;

4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.

5. Process plans and shop drawings submittals in a timely manner, and stamp acceptable documents “Released For Construction”.

6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;

7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;

8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;

9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;

10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.

Page 64 of 64 ends

ATTACHMENT C
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: CC Regular Meeting - Mar 15 2022
Title: Covina Recreation Village Project Asbestos and Lead-Based Paint Abatement Services – Final Acceptance and Filing Notice of Completion
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: 1. Accept the work performed by Precision Contracting, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Covina Recreation Village Project Asbestos and Lead Base Paint Abatement Services EXECUTIVE SUMMARY:

Accept the work performed by Precision Contracting, Inc. and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Covina Recreation Village Project Asbestos and Lead-Based Paint Abatement Services.

BACKGROUND:

On December 20, 2021, the City Council approved a contract for Precision Contracting, Inc. in the amount of $43,500 for asbestos and lead-based paint abatement at the proposed Covina Recreation Village buildings located at:
• 301 E Front Street – approximately 18,196 square feet (West Building) • 301 E Front Street – approximately 13,530 square feet (East Building) FISCAL IMPACT:

A total funding amount of $250,000 (Account 2055-4950-55100-P2202) in Bond Proceeds from the Successful Agency was allocated within the City’s approved Fiscal Year 2021-2022 Capital Improvement Program Budget for the Covina Recreation Village Project.

The following table represents the final project summary:

Expenses
Asbestos & Lead Abatement (Precision Contracting, Inc.) $43,500 Abatement Monitoring (Converse Consultant) $11,000
Total Project Cost $54,500
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Notice of Completion
Respectfully submitted,

Page 2 of 3 ends

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: January 31, 2022 . The work done was:

Covina Recreation Village Project Asbestos and Lead Base Paint Abatement Services

8. The names of the contractor, if any, for such work improvement was: Precision Contracting, Inc.

December 21, 2020
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

Covina Recreation Village Project Asbestos and Lead Base Paint Abatement Services

10. The street address of said property is 301 E. Front Street, Covina, CA 91723 (If no street address has been officially signed, insert “None”.) Dated March 15, 2022
Georgianna Nicole Alvarez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on March 15 , 2022 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)

Page 3 of 3 ends

ATTACHMENT A

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: CC Regular Meeting - Mar 15 2022
Title: 2021 Annual Housing Element Progress Report
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Receive and file.

EXECUTIVE SUMMARY / BACKROUND:

State law requires each city to prepare and file Annual Progress Reports (APRs) with the California Department of Housing and Community Development (HCD) describing housing production and the status of Housing Element program implementation. APRs must be prepared using the format established by HCD. Attached for City Council information is the Housing Element APR for calendar year 2021 (Attachment A).

FISCAL IMPACT:

Preparation of APRs is required by State law but no State funding is provided; therefore, it is an unfunded mandate. The City collects a fee on building permits to defray the cost of maintaining the General Plan, which includes preparation of APRs.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Preparation of the APR is not a project subject to CEQA (Cal. Pub. Resources Code, § 21000 et seq.).

ATTACHMENTS:

Attachment A - HCD 2021 Annual Progress Report (APR)
Respectfully submitted,
ATTACHMENT A:
2021 HCD ANNUAL PROGRESS REPORT
Attachment A

Page 2 of 28 ends

Jurisdiction Covina ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 10/15/2013 - 10/15/2021 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 34 6 78 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was

APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 00 0 0 63 97 44 0 8406-019-097 155 E Covina TTM 83343 5+
O 4/19/2021 38 38 38 No No
8434-016-020 1201 W. Badillo SPR 21-83 5+
R 4/14/2021 28 28 No No
8401-014-010 2003 E Cienega TTM 83653 5+
O 10/27/2021 25 25 No No
8446-012-004 316 S. Barranca SPR 21-83 5+
R 1/26/2021 6 66 No No
00000000000000000000
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10 Attachment A

Page 3 of 28 ends

Jurisdiction Covina ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of
Occupancy
or other
forms of
readiness
How many of
the units
were
Extremely
Low
Income?+
Was Project

APPROVED
using GC
65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/
Destroyed
Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers or
Parking
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 10 0 8 0 7264 289 0 12 0 6 0 9 25 52 0 8080 6 0 22 23 0 10 8446-012-004 316 S BARRANCA AVE SPR 21-83 2 to 4 R 3 6/8/2021 3 0 0N 3 of 6 attached single family rental units 8446-012-004 316 S BARRANCA AVE SPR 21-83 SFD R 1 6/8/2021 1 0 0N 1 0f 6 single detached family rental unit8446-012-004 316 S BARRANCA AVE SPR 21-83 2 to 4 R 2 6/8/2021 2 0 0N 2 of 6 attached single family rental units 0 0 00 0 0
8430-015-018 707 N BARRANCA AVE TTM 83178 5+ O 151 6/15/2021 151 5 10/28/2021 5 0N 8430-015-018 707 N BARRANCA AVE 5+ O 0 7 10/28/2021 7 0N 8434-018-020, 8434-017-008,
8434-017-009
1060 W SAN BERNARDINO RD TTM 82874 5+ O 113 3/2/2021
113
6 9/29/2021 6 0N
8434-018-020, 8434-017-008,
8434-017-009
1060 W SAN BERNARDINO RD 5+ O
0 7 9/21/2021 7 0N
8445-023-024 449 S BARRANCA AVE 2 to 4 R 0 2 1/11/2021 2 0N 2 attached rental units to back of single family lot 0 0 00 0 0
8444-001-015 135 W CENTER ST SFD R 0 0 1 3/3/2021 1 N 1 of 3 single-family detached rental units 8444-001-015 135 W CENTER ST SFD R 0 0 1 3/3/2021 1 N 1 of 3 single-family detached rental units 8444-001-015 135 W CENTER ST SFD R 0 0 1 3/3/2021 1 N 1 of 3 single-family detached rental units 8444-004-020 425 W CENTER ST 2 to 4 R 0 0 2 1/13/2021 2 N Duplex rental units 1 Demolished O 0 0 00 0 0
8448-005-038 663 S RANCHO SIMI DR ADU R 1 11/3/2021 1 0 0N ADU SCAG Analysis 8426-013-028 1847 E ADAMS PARK DR ADU R 1 6/24/2021 1 0 0N ADU SCAG Analysis8422-011-041 436 E COVINA BLVD ADU R 1 1/12/2021 1 0 0N ADU SCAG Analysis8431-001-015 860 N VICEROY AVE ADU R 1 9/28/2021 1 0 0 1 N ADU SCAG Analysis8445-016-035 321 S SAN JOSE AVE ADU R 2 12/20/2021 2 0 0 2 N ADU SCAG Analysis8431-019-012 581 N FIFTH AVE ADU R 1 11/4/2021 1 0 0 1 N ADU SCAG Analysis8445-007-022 354 E COLLEGE ST ADU R 1 9/16/2021 1 0 0N ADU SCAG Analysis8403-009-043 1143 N IVESCREST AVE ADU R 1 12/20/2021 1 0 0N ADU SCAG Analysis8428-024-011 1175 E WINGATE ST ADU R 1 8/5/2021 1 0 0 1 N ADU SCAG Analysis8432-025-003 405 N LARKIN DR ADU R 1 3/31/2021 1 0 0 1 N ADU SCAG Analysis 0 0 00 0 0
8428-008-011 915 E RUDDOCK ST ADU R 1 1/25/2021 1 1 4/7/2021 1 0 1 N ADU SCAG Analysis 8453-021-010 473 W SHAMWOOD ST ADU R 1 1/27/2021 1 1 4/19/2021 1 0 1 N ADU SCAG Analysis8451-009-001 708 S BARRANCA AVE ADU R 0 1 3/16/2021 1 0N ADU SCAG Analysis8403-002-041 954 N GLENDORA AVE ADU R 1 1/27/2021 1 1 6/1/2021 1 0N ADU SCAG Analysis8427-009-020 615 N MANGROVE AVE ADU R 1 1/12/2021 1 1 5/27/2021 1 0N ADU SCAG Analysis8426-010-006 204 S STARGLEN DR ADU R 1 2/11/2021 1 1 10/7/2021 1 0 1N ADU SCAG Analysis 8431-016-023 570 N FOURTH AVE ADU R 01 9/30/2021 1 0 1N ADU SCAG Analysis 8431-016-023 570 N FOURTH AVE ADU R 0 1 9/30/2021 1 0N ADU SCAG Analysis 8447-031-081 1235 EVERGREEN CIR ADU R 01 4/15/2021 1 0 1 N ADU SCAG Analysis8431-005-032 720 N FOURTH AVE ADU R 0 1 1/28/2021 1 0N ADU SCAG Analysis 8428-014-031 1051 E BADILLO ST ADU R 0 1 4/29/2021 1 0N ADU SCAG Analysis 8431-005-007 805 N FENIMORE AVE ADU R 0 1 2/22/2021 1 0 1 N ADU SCAG Analysis8422-014-011 1007 N PROSPERO DR ADU R 01 3/29/2021 1 0 1N ADU SCAG Analysis 8402-018-007 746 N LYMAN AVE ADU R 0 1 5/26/2021 1 0N ADU SCAG Analysis 8445-006-001 147 N BARRANCA AVE ADU R 0 1 3/15/2021 1 0N ADU SCAG Analysis 8453-002-005 660 S FENIMORE AVE ADU R 01 5/5/2021 1 0 1N ADU SCAG Analysis8407-016-017 219 W GROVERDALE ST ADU R 0 1 12/20/2021 1 0N ADU SCAG Analysis 8445-004-014 158 COLLEGE WAY ADU R 1 10/5/2021 1 1 4/19/2021 1 0 1N ADU SCAG Analysis 8432-033-006 107 N ELSPETH WAY ADU R 1 2/17/2021 1 1 10/4/2021 1 0N ADU SCAG Analysis 8431-005-012 737 N FENIMORE AVE ADU R 0 1 11/17/2021 1 0N ADU SCAG Analysis 8404-019-045 978 N DAMATO DR ADU R 1 8/19/2021 1 1 12/20/2021 1 0N ADU SCAG Analysis 0 0 00 0 00 0 00 0 00 0 00 0 00 0 0
8403-009-018 1162 N GLENDORA AVE ADU R 0 0 1 6/28/2021 1 N ADU SCAG Analysis 8445-020-021 173 E PUENTE ST ADU R 0 01 8/26/2021 1 1 N ADU SCAG Analysis8454-001-007 648 S HEATHDALE AVE ADU R 0 0 1 12/7/2021 1 N ADU SCAG Analysis8428-014-032 1059 E BADILLO ST ADU R 0 0 1 2/17/2021 1 N ADU SCAG Analysis8443-007-011 131 S HOUSER DR ADU R 0 01 2/17/2021 1 1 N ADU SCAG Analysis8427-010-015 1344 E COLVER PL ADU R 0 01 4/5/2021 1 1 N ADU SCAG Analysis8431-019-006 539 N FIFTH AVE ADU R 0 0 1 3/24/2021 1 N ADU SCAG Analysis8442-006-003 960 W BADILLO ST ADU R 0 0 1 8/12/2021 1 N ADU SCAG Analysis8402-020-028 1786 E CYPRESS ST ADU R 0 1 4/15/2021 1 1 12/6/2021 1 N ADU SCAG Analysis8454-003-002 516 W GREENDALE ST ADU R 0 0 1 3/4/2021 1 N ADU SCAG Analysis 8407-029-017 1325 N ALDENVILLE AVE ADU R 0 01 1/13/2021 1 1 N ADU SCAG Analysis 8431-016-013 251 W HAMPTON CT ADU R 0 0 1 11/24/2021 1 N ADU SCAG Analysis 8406-019-008 1173 N FAIRVALE AVE ADU R 0 01 5/10/2021 1 1 N ADU SCAG Analysis 8445-003-024 330 E ITALIA ST ADU R 01 5/6/2021 1 1 9/28/2021 1 1 N ADU SCAG Analysis 8451-003-050 720 S SECOND AVE ADU R 01 1/6/2021 1 1 2/11/2021 1 1 N ADU SCAG Analysis 8427-013-010 463 N MANGROVE AVE ADU R 0 0 1 9/27/2021 1 N ADU SCAG Analysis8430-016-006 244 E EDNA PL ADU R 01 6/30/2021 1 1 11/4/2021 1 1 N ADU SCAG Analysis Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units (CCR Title 25 §6202)
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Attachment A

Page 4 of 28 ends

Jurisdiction Covina ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - 5 12 Deed Restricted - - - - - - Non-Deed Restricted - - - - - 5 5 5 Deed Restricted - - - - - - Non-Deed Restricted - - - - - 10 8 7 Above Moderate 97 - - - - - 16 71 7 13 107 76
230
- - - - - 16 86 25 37 164 152
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 20 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very LowLowPlease note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 13 17
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 25 Moderate
60 35 38
Please contact HCD if your data is different than the material supplied here 15 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
43 Attachment A

Page 5 of 28 ends

Jurisdiction Covina ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 10/15/2013 - 10/15/2021 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Attachment A

Page 6 of 28 ends

Jurisdiction Covina
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The Covina Redevelopment Agency provides a rent subsidy program for senior citizens. 28 units during the planning period.

The Rental Housing Subsidy program in 2002 served sixty qualifying City residents at an annual amount of approximately $250,000. No new program participants were brought into the program after the passage of AB 637 in 2002. Provisions in SB 701 allowed the Covina program to continue until January 2012 with no proportionality requirement. Rental subsidies were provided to qualifying program participants until January 2012. This program ended in 2012 as required by
SB 701.

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The Covina Redevelopment Agency provides a rent subsidy program for senior citizens. 29 units during the planning period.

In addition to the rent subsidy program for senior citizens, the Agency provided funding for additional housing programs. The Agency had subsidized the YWCA domestic violence shelter in the City since April 1991. In 2011, the Agency provided funding for a period of ten years for two transitional units to be made available to house Very Low or Lower Income Eligible households.

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The Covina Redevelopment Agency provides a rent subsidy program for senior citizens. 30 units during the planning period.

Also in 2011, the Agency provided funding to rehabilitate and expand the housing available at the YWCA domestic violence shelter.

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The Covina Redevelopment Agency provides a rent subsidy program for senior citizens. 31 units during the planning period.

The YWCA had requested assistance with the transitional housing portion of the renovation in the amount of $330,000. The Agency assisted in the development of the project, by providing financial assistance in the form of a $330,000 grant. The Funding Agreement carried the requirement that an affordability covenant would be placed on the property for 55 years, to provide that all 11 bedrooms shall be available to Qualified Households at an Affordable Rent.

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The City of Covina provided a grant of $15,000 to eligible low-income residents to assist in preventing homelessness. 22 families were assisted during the planning period.

The City of Covina recevied $15,000 for Homeless Prevention and Diversion from the San Gabriel Valley Council of Governments (SGVCOG). Shepherd's Pantry, a non-profit, assisted in running the program for free. This program provided grants for income-qualified families to prevent them from becoming homeless. The funding could be used on expenses that would negatively financially impact them, such as unforeseen car repairs and medical bills. 22 families were assisted from this program.

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The City of Covina provides a grant of $85,000 to Support Solutions to provide emergency motel vouchers and tappered rental assistance.

Program will end June 1, 2022
The City of Covina recevied $150,000 for Homeless Plan Implementation from the San Gabriel Valley Council of Governments (SGVCOG), and allocated $85,000 to the non-profit Support Solutions Inc.. This vendor provides motel vouchers and tappered rent relief along with case management to those experiencing homelessness.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Attachment A

Page 7 of 28 ends

3.4.1.1. AGENCY

HOUSING ASSISTANCE PROGRAM
The City of Covina provided staffing for the LA County Rent Relief Program, which provided up to $10,000 in rental assistance.

Approximately 75 families assited during the planning period.

The City of Covina was contracted by the Los Angeles County Development Authority to assist in running the LA County Rent Relief Program. This program provided up to $10,000 to eligible families across LA County to assist with COVID-impacted rent payments. Six City staff members worked on this program.

3.4.1.1 AGENCY HOUSING ASSISTANCE PROGRAM
The City of Covina provides a rent subsidy program to eligible lowmoderate income renters. 22 units during the planning period.

Utilizing $100,000 of Community Developent Block Grant (CDBG) COVID-19 funds, the City of Covina made $80,000 in grants available to eligible low to moderate income households to assist with rental payments. 22 units will receive up to $3,600 in rental assistance to assist in preventing evictions due to non-payment of rent from the pandemic. Catholic Charities assisted in running the program.

3.4.1.1. AGENCY HOUSING ASSISTANCE PROGRAM
The Covina Redevelopment Agency provides a rent subsidy program for senior citizens. 32 units during the planning period.

In 2009, the Covina Redevelopment Agency purchased land for a home to be built by Habitat for Humanity and provided partial funding for building for a project to house a family with income under 80% of median income. The home was built and sold to a qualifying family with an affordable covenant for 45 years.

3.4.1.2. LOT ASSEMBLY PROGRAM
● The City will continue to provide appropriate land use designations consistent with regional housing needs for mixed use and infill development.

Continue to work with prospective applicants in assembling properties.

Citrus Walk Project. Over time, all properties from 300 N. Citrus to 332 N. Citrus, as well as 115 and 125 E. Italia and 116 and 120 E. School Streets were assembled by the Covina Redevelopment Agency for the “Citrus Walk” housing development; businesses were relocated and the buildings were demolished by the Agency. In addition to the acquisition of the private properties, a portion of School Street was vacated as well as a 13-foot wide public alley and a City parking lot were made available for the project. 48 for-sale housing units, and 8,300 sf of commercial property were built on the assembled site, including 8 covenanted moderate-income units.

3.4.1.2. LOT ASSEMBLY PROGRAM
● The City will maintain an inventory of potential sites to provide developers with information regarding development incentives for affordable units.

Continue to work with prospective applicants in assembling properties. 135 E. Badillo. The Covina Redevelopment Agency purchased the property at 135 E. Badillo in the late ‘90s and has considered many possible projects for the site over the years, but none have come to fruition. A sale was successfully negotiated, and includes a commercial site and ten housing units. Construction is scheduled to begin in 2021.

3.4.1.2. LOT ASSEMBLY PROGRAM
● The City will provide technical assistance and information to private and non-profit housing providers regarding available City and Agencyowned parcels suitable for lowerincome development.

Continue to work with prospective applicants in assembling properties.

Second and Center Street Development. The property at 166 E. Center Street was privately developed. Two residences on the property were demolished and five were built. The City worked with the developer to assemble the adjacent property at 172 E. Center Street and the properties were combined with one driveway, with five additional units being built at 172 E. Center Street. One existing residence was demolished at that address.

3.4.1.2. LOT ASSEMBLY PROGRAM
● The City will facilitate the assembly
and recycling of underutilized properties for new affordable housing construction through technical assistance to developers and property owners.

Continue to work with prospective applicants in assembling properties.

Attachment A

Page 8 of 28 ends

3.4.1.2. LOT ASSEMBLY

PROGRAM
● The Redevelopment Agency will also continue to assist qualifying developments in the assembly of property for new residential development. In the past the City has also assisted in the acquisition of property for new residential development using the Agency’s Low and Moderate Housing Fund. However, future land acquisition and financial assistance will be more difficult due to
the depletion of affordable housing funds. The funds were needed by the Agency to meet the State’s SERAF payment which is being used to balance the State’s budget. Any future assistance, as in the past, will be evaluated on a case-by-case basis.

Continue to work with prospective applicants in assembling properties.

3.4.1.3. MAINTAIN RESIDENTIAL CAPACITY
To ensure that adequate sites are available throughout the planning period to accommodate the City’s RHNA, on a project basis, pursuant to Government Code Section 65863, the City will monitor available residential capacity and evaluate development applications in the Town Center Specific Plan. Should an approval of a development result in a reduction of capacity below the residential capacity needed to accommodate the remaining need for lower-income households, the City will identify and zone sufficient sites to accommodate the shortfall.

Monitor available sites with new development.

An amendment to the TCSP was adopted in 2019. The amendment facilitates additional residential units through more flexible zoning standards, mixed-use and reduced parking standards.

3.4.2.1 HOME OWNERSHIP "HOP" PROGRAM
The Home Ownership Program (HOP), operated by the County of Los Angeles, offers 0% interest loans to borrowers who have not owned a home in the last three years. This program will be advertised on the City’s website and a brochure/handout will be produces for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center.

Dependent on availability of funds.

In the time period from January 1, 2008 through December 31, 2013, twenty-one (21) qualifying homeowners who purchased homes in the City of Covina were assisted through this program. Qualifying homebuyers participating in the HOP program must have a family income of 80% of median income or less. Source of funds were the American Dream Down Payment Initiative (see 3.4.2.2 below) and HOME funds through the Community Development Commission of the County of Los Angeles. HOP Second Trust Deed provides up to 20% of the purchase price for down payment and closing costs assistance not to exceed $75,000.

Attachment A

Page 9 of 28 ends

3.4.2.2 AMERICAN DREAM

DOWN-PAYMENT PROGRAM (ADDP)
This program will provide down payment, closing costs, and rehabilitation assistance to eligible individuals. The amount of ADDI assistance provided may not exceed $10,000 or six percent of the purchase price of the home, whichever is greater. The rehabilitation must be completed within one year of the home purchase. Rehabilitation may include, but is not limited to, the reduction of lead paint hazards and the remediation of other home health hazards. This program will be advertised on the City’s website and a brochure/handout will be produces for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center.

Dependent on availability of funds.

In the time period from January 1, 2008 through December 31, 2013, twenty-one (21) qualifying homeowners who purchased homes in the City of Covina were assisted. Qualifying homebuyers participating in the HOP program must have a family income of 80% of median income or less. Source of funds were the American Dream Down Payment Initiative and HOME funds through the Community Development Commission of the County of Los Angeles. HOP Second Trust Deed provides up to 20% of the purchase price for down payment and closing costs assistance not to exceed $75,000.

3.4.2.3 MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM
The MCC program offers first time homebuyers a federal income tax credit. that reduces the amount of federal taxes the holder of the certificate would pay. If both the home and homeowner qualify, the County can then issue an MCC.

Dependent on availability of funds.

In the period from January 1, 2008 through December 31, 2013, thirteen (13) qualifying homeowners who purchased homes in the City of Covina were assisted through the MCC program.

3.4.2.3 MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM
This program will be advertised on the City’s website and a brochure/handout will be produces for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center.

Dependent on availability of funds.

The MCC Program enables qualified first-time homebuyers to convert a portion of their annual mortgage interest into a direct dollar for dollar tax credit on their U.S. individual income tax returns. The qualified homebuyer is awarded a tax credit of up to 20% of the annual interest paid on the mortgage loan. The remaining 80% of the mortgage interest will continue to qualify as an itemized tax deduction.

3.4.2.4 SOUTHERN CALIFORNIA HOME FINANCING AUTHORITY (SCHFA) SCHFA is a joint powers authority formed in 1988 to issue tax-exempt mortgage revenue bonds for low and moderate-income first-time homebuyers.

Dependent on the number of local applicants.

In the period from January 1, 2008 through December 31, 2013, two (2) qualifying homebuyers who purchased homes in the City of Covina were assisted through the SCHFA program. This program makes buying a home more affordable for qualifying homebuyers by offering a competitive 30-year fixed rate loan and a grant for down payment and closing costs assistance.

3.4.2.4 SOUTHERN CALIFORNIA HOME FINANCING AUTHORITY (SCHFA) This program will be advertised on the City’s website and a brochure/handout will be produces for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center.

Dependent on the number of local applicants.

Attachment A

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3.4.2.5 INDEPENDENT

CITIES LEASE FINANCE AUTHORITY (ICLFA) PROGRAM
Covina participates with the Independent Cities Lease Finance Authority (ICLFA) in its Down Payment and Closing Cost Assistance programs. These programs are offered in partnership with the National Homebuyers Fund (NHF). The ACCESS First and Second Loan Program funds may be used for financing and closing costs and, in some cases, for down
payment. ACCESS funds are available to homebuyers with incomes up to 140% of the area median income.

Contingent on the number of applications. This program was discontinued.

3.4.2.5 INDEPENDENT CITIES LEASE FINANCE AUTHORITY (ICLFA) PROGRAM This program will be advertised on the City’s website and a brochure/handout will be produces for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center.

Contingent on the number of applications. This program was discontinued.

3.4.3.1 HOUSING REHABILITATION AND PRESERVATION PROGRAM The Housing Rehabilitation and Preservation Program funds residential repair and improvements for low to moderate income owner-occupied single-family detached homes and mobile homes. The Handyworker Program provides small grants to qualifying low-and moderate-income persons for minor housing repairs. This program is funded through CDBG. 6 units during the planning period
Rehabilitation was completed on 26 houses and mobile homes in the period between July 1, 2011 and June 30, 2018. A combination of grants and loans were awarded to families and households earning no more than 80% of median income adjusted for household size.

3.4.3.1 HOUSING REHABILITATION AND PRESERVATION PROGRAM This program will be advertised on the City’s website and a brochure/handout will be produced for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center. 7 units during the planning period
Rehabilitation was completed on 26 houses and mobile homes in the period between July 1, 2011 and June 30, 2018. A combination of grants and loans were awarded to families and households earning no more than 80% of median income adjusted for household size.

3.4.4.1 RENTAL ASSISTANCE-FEDERAL SECTION 8 PROGRAM ADMINISTRATION Federal Section 8 rental assistance for Covina is managed by the Los Angeles County Housing Authority. This program will be advertised on the City’s website and a brochure/handout will be produces for distribution at the planning counter, redevelopment office and in the information kiosks in the Civic Center.

Address 100% referrals during the planning period
Ongoing. The City typically receives at least two inquiries per week.

Attachment A

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3.4.4.2 SECOND UNIT

PROGRAM
The City has a second unit ordinance
that conforms to current State law. To encourage the development of second units in the coming years, the following strategies will be considered:
42 seconds units within the planning period (an average of 6 second units per year).

The City adopted revised ADU regulations on May 7, 2019.

3.4.4.2 SECOND UNIT PROGRAM
● The City will publicize its second unit ordinance in handouts that will be provided in City Hall. 43 seconds units within the planning period (an average of 6 second units per year).

The City adopted revised ADU regulations on May 7, 2019.

3.4.4.2 SECOND UNIT PROGRAM
● The second unit ordinance provisions will be publicized on the City’s website. 44 seconds units within the planning period (an average of 6 second units per year).

The City adopted revised ADU regulations on May 7, 2019.

3.4.4.2 SECOND UNIT PROGRAM
● The City will establish a review process that will be tailored to the review of second units. This process will clearly indicate the minimum development requirements and standards associated with the construction of second units.
45 seconds units within the planning period (an average of 6 second units per year).

The City adopted revised ADU regulations on May 7, 2019.

3.4.4.3 GRANT ACQUISITION PROGRAM
City staff will continue to pursue grant and loan programs that are available from a variety of governmental and nonprofit sources. Because of the difficulties associated with providing market-rate housing for extremely low income households, the identification of those programs that target extremely low income households for assistance will be prioritized. 5 grant applications on an annual basis.

In 2006, the City applied for and was awarded the Supportive Housing Program (SHP) grant for supportive services, operation of, and administration charges for the operation of the Covina transitional house for homeless women and children. This federal grant through the Department of Housing and Urban Development (HUD), provided through the Los Angeles Homeless Services Authority (LAHSA), was an annual renewable grant. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act. Among other changes, the HEARTH Act consolidated the three separate McKinney-Vento homeless assistance programs (Supportive Housing Program, Shelter Plus Care program, and Section 8 Moderate Rehabilitation SRO Program) into a single grant program known as the Continuum of Care (CoC) Program. This change went into effect in Fiscal Year 2013-2014. In the period between January 1, 2008 and December 31, 2013, the funding from the federal grant, along with local match funds, made it possible to provide housing to 21 homeless families comprised of 21 adults and 44 children.

Attachment A

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3.4.4.3 GRANT

ACQUISITION PROGRAM
The successful acquisition of new grants and loans will assist in the development of new housing opportunities for extremely low income households, other lower-income households, and first-time home buyers. New grants will be publicized on the City’s website that describes housing services. 6 grant applications on an annual basis.

3.4.5.1 EMERGENCY HOUSING PROGRAM
The City will amend the Zoning
Ordinance to permit emergency shelters in an area located in the northwestern portion of the City just south of Arrow Highway and west of Citrus. The City’s Zoning Ordinance will be amended to permit such uses by right without discretionary approval within this zone.

Completed by the end of 2011.

The City rezoned a specific site located at the north side of E. San Bernardino Road and East of N. Barranca Avenue with an Emergency Shelter Overlay District on November 17, 2020.

3.4.5.1 EMERGENCY HOUSING PROGRAM
The City will commit to applying development and management standards for emergency shelter development and uses to the same as those that are applicable to the multiplefamily zones (the overlay is located within a commercial zone district).

Completed by the end of 2011. The City adopted Emergency Shelter Ordinance on November 17, 2020.

3.4.5.2 TRANSITIONAL HOUSING PROGRAM
The City will amend the Zoning
Ordinance so that transitional housing will be a permitted use in all of the City’s residential Zone districts.

Following this amendment, transitional housing will be permitted in all residential zones and subject to those restrictions that are applicable to the other residential uses in the same zone.

Completed by the end of 2011.

The City adopted Transition/Supportive Housing Ordinance on November 17, 2020. The City has two existing transitional houses, both in confidential locations.

Attachment A

Page 13 of 28 ends

3.4.5.2 TRANSITIONAL

HOUSING PROGRAM
The City will amend the Zoning
Ordinance so that transitional housing will be a permitted use in all of the City’s residential Zone districts.

Following this amendment, transitional housing will be permitted in all residential zones and subject to those restrictions that are applicable to the other residential uses in the same zone.

Completed by the end of 2011.

YWCA domestic violence shelter and transitional housing (11 units total in 1 large house)

3.4.5.2 TRANSITIONAL HOUSING PROGRAM
The City will amend the Zoning
Ordinance so that transitional housing will be a permitted use in all of the City’s residential Zone districts.

Following this amendment, transitional housing will be permitted in all residential zones and subject to those restrictions that are applicable to the other residential uses in the same zone.

Completed by the end of 2011.

Covina Housing Authority owned transitional housing facility (2 units total in 1 home)

3.4.5.3 SUPPORTIVE HOUSING PROGRAM
The City will amend the Zoning Ordinance to permit supportive housing within all of the residential Zone districts. Supportive housing will be a permitted residential use that is subject to those restrictions that are applicable to the other residential uses of the same type in the same zone.

Completed by the end of 2011.

The City adopted Transition/Supportive Housing Ordinance on November 17, 2020.

3.4.5.4 SRO HOUSING PROGRAM
The City’s currently permits a SRO
complex, South Pointe Apartments, a converted motel and apartment building. The City will continue to support the existing SRO use for the site. In addition, the Town Center Specific Plan permits SROs with the approval of a CUP.

Preserve existing SRO units and comply with applicable State requirements No new SRO applications have been submitted or approved during 2008-2019.

3.4.5.5 PARTICIPATION IN EXISTING REFERRAL PROGRAMS
A comprehensive system of supportive services is provided through the West Covina Community Services Center, the local homeless access center. Additional supportive services are provided by other members of the East San Gabriel Valley Homeless Consortium, with which the City of Covina is affiliated. Under this program, the City will continue to cooperate with these service providers and referral procedures.

Referrals will be made on an as needed basis.

The West Covina Community Services Center, which was a division of the Citrus Valley Health Foundation, was discontinued in June 2009. Supportive services are offered to homeless families through the 211 system, which refers callers to the San Gabriel Valley Homeless Family Solutions System (HFSS), an entry point in the continuum of care for all family services, and the Coordinated Entry System (CES), which is the primary point of entry for adults seeking housing and services. Union Station Homeless Services coordinates the efforts to provide services, with the assistance of Volunteers of America which has offices in Pomona and El Monte. The City of Covina works with these programs and provides referral information to those in need.

Attachment A

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3.4.6 EQUAL HOUSING

PROGRAM
This program is an existing program and is being continued into the current planning period. The City recognizes the effect that discrimination has in limiting housing choice and equal opportunity in renting, selling and financing housing. As a means to promote equal housing, the City maintains information on the City’s website regarding Landlord/Tenant Rights and Responsibilities, Landlord/Tenant Disputes, and Discrimination.

The City will continue to advertise this program on its website in addition to providing brochures at the City Hall and at the City’s community centers.

The City has continued to provide equal housing information on its website and brochures at City Hall and Community Centers.

3.4.7 AT-RISK HOUSING CONSERVATION PROGRAM
The City will monitor the remaining Federally-assisted rental housing development that may be permitted to convert to market rate units during the next five-year time frame. As indicated previously, the only potential complex that is identified as being “at-risk” has a 55-year affordability covenant. These units will not be “at-risk” during the current planning period due to this affordability covenant.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Cienega Gardens 1211 North Lyman Avenue, Covina, On April 2, 2002, the City and the former Redevelopment Agency Board agreed to provide assistance to develop affordable housing at this property, and made a $1.4 million loan to the owners, which has since repaid in full. The former Agency and owners agreed that 40% of 178 of the rental units (two units are reserved for managers) shall be available for very low income households, and the balance of the units are to be available for low-income households, for 55 years. At the time, the property owners were applying for the tax credit program, which they obtained. The initial qualified tax credit investment period was about to expire, and in August 2017 the owners applied for a new round of funding, in order to rehabilitate the property and the affordable rental units. The affordable housing covenants on this property, which are now under the oversight of the Covina Housing Authority, will remain superior to the new 55-year covenants which will be instituted under the new tax credit funding.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding
In July 2017, the City of Covina conducted a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Statewide Communities Development Authority for the benefit of Cienega Gardens Preservation Limited Partnership, to provide financing for the acquisition and rehabilitation of an existing 180-unit affordable multifamily rental housing project generally known as Cienega Gardens Apartments, and adopted City Resolution CC 17-75 approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $60,000,000, for the benefit of Cienega Gardens Preservation Limited Partnership, to provide financing for the acquisition and rehabilitation of a 180-unit multifamily rental housing project generally known as Cienega Gardens Apartments. All of the Project’s units (exclusive of the on-site manager units) are rent restricted for families earning less than 60% of the area median income.

Attachment A

Page 15 of 28 ends

3.4.7 AT-RISK HOUSING

CONSERVATION PROGRAM
The City will monitor the remaining Federally-assisted rental housing development that may be permitted to convert to market rate units during the next five-year time frame. As indicated previously, the only potential complex that is identified as being “at-risk” has a 55-year affordability covenant. These units will not be “at-risk” during the current planning period due to this affordability covenant.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Shadowhills Bond Redemption/Vista Pointe Apartments, 1400-1428 North Grand Avenue, Covina. In 1985, the Covina Redevelopment Agency issued bonds to finance the 216-unit apartment project formerly known as Shadowhills, and now known as the Vista Pointe Apartments, 1400-1428 North Grand Avenue, Covina, in consideration of covenants and agreements. The issuance of the Covina Redevelopment Agency Multifamily Housing Revenue Refunding Bonds, Series A of 1994 in the amount of $13,980,000 (Shadowhills Apartments Project) redeemed the 1985 bonds.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Section IV of the Bond Indenture of Trust allowed for the redemption of the bonds by the Owner upon the exercise by the Owner of an election to prepay the loan in accordance with the terms of Section 4.1, Redemption of Bonds. Vista Pointe Apartments, LLC (Vista Pointe) advised the Housing Authority in 2013 that it intended to prepay the Bond Note in an amount sufficient to redeem all of the outstanding Bonds and pay any other necessary expenses or fees required under the Bond Documents on or before October 31, 2013. Of the 216 units at Vista Pointe, forty-four affordable units are available to Low-Income and VeryLow Income households. Of the forty-four units, at least half were to be available to very-low income tenants. These affordability covenants expired with the bond prepayment.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Covina Gardens Apartments, 200 W. Rowland Street, Covina. On June 17, 2008, the Covina Redevelopment Agency Board (Agency) approved an Exclusive Right to Negotiate (ERN) with the owner of Covina Gardens, 200 W. Rowland Street, Covina, a 90-unit apartment community, to preserve affordable housing. On October 7, 2008, and again on March 17, 2009, the ERN was extended by approval of the Agency Board.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding The apartment buildings were constructed in 1974, and were previously restricted as affordable units for seniors under a Department of Housing and Urban Development Section 23 project. In 2008, the apartments were unrestricted, and housed mostly low-income senior citizens. In 2007, the apartments were sold by the original owner to KB SSF LLC, a California limited liability company. Thomas Safran and Associates acted as the agent for the owner, and sought to redevelop the existing structures and units which had been neglected. The Agency was willing to provide assistance to Developer to rehabilitate the site and to maintain the supply and availability of moderate and very low-income housing, pursuant to affordability covenants to be recorded for a term of not less than fifty-five years.

Attachment A

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3.4.7 AT-RISK HOUSING

To preserve all of the identified at-risk housing units for this period within the parameters of available funding The Agency and Developer negotiated the terms of a Participation Loan Agreement (PLA) to provide a loan for the rehabilitation of the site. The loan of Four Million, Seven Hundred Thousand Forty Two Dollars ($4,742,000) under an Income Restricted Scenario was warranted as follows:

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Affordability Gap $2,242,000

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Rehabilitation Costs $2,500,000

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Total Assistance Warranted: $4,742,000
Attachment A

Page 17 of 28 ends

3.4.7 AT-RISK HOUSING

To preserve all of the identified at-risk housing units for this period within the parameters of available funding The funding allowed the Developer to add patios to the ground units and add balconies to the upper units, replace all windows and sliding glass doors in the units, paint exterior and corridors, install new window blinds, install upgraded electrical lighting fixtures in the corridors, provide extensive community room and laundry room upgrades, construct an exterior parapet and clock tower, and perform extensive landscape upgrades, including fencing, gates, hardscape, lighting and carport repairs.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Affordable Housing

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Under the covenants, forty-four (44) units were to be affordable to very-low income households, five (5) were to be affordable to lower-income households, and forty (40) units were to be rented to moderate-income households. Very-low income households are those with income at fifty percent of median income or lower, adjusted for household size, including extremely low income households. Lower income households are those that earn 80% of median income or less, adjusted for family size, and includes very-low and extremely low income households. The funds for the covenanted units were distributed in June 2010, when the Owner finalized other financing.

To preserve all of the identified at-risk housing units for this period within the parameters of available funding Masonic Homes, 1650 E. Old Badillo Street, Covina—Assisted Living. In 2008, the City Council approved the expansion of the Masonic Homes of California (MHC) Covina Campus to redevelop portions of the 30 acre site in order to provide senior residences and continuing care services. The 2008 project entitlements included a Development Agreement between the City of Covina and MHC providing for the vesting of land use entitlements. The initial 10 year term was to expire on March 20, 2018. In January 2018, the City Council approved the extension of the term of the Agreement by 20 years to March 20, 2038, amending requirements for the extension of the agreement, incorporating minor technical revisions for clarification purposes only and updating the 2008 project site plan to reflect changes approved in 2016. Those 2016 changes included the approval of a 32-unit/bed memory care and skilled nursing care facility.

Attachment A

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3.4.8.1 REASONABLE

HOUSING ACCOMMODATION PROGRAM
The City will adopt a reasonable accommodation ordinance to provide exception in zoning and land-use regulations for housing for persons with disabilities.

Zoning Ordinance Amendments by December 2011
The City adopted Reasonable Accommodation and Low Barrier Navigation Centers Ordinance on November 17, 2020.

3.4.8.2 ORDINANCE REVIEW
The Zoning Ordinance will eliminate the definition of “family” and consider the prohibition of new single-family detached units in the multiple-family (RD) zones.

Code amendment in late 2011
The City amended the definition of “family” consistent with State Law on November 17, 2020.

3.4.9.1 GREEN CITY PROGRAM
The City’s webpage will be expanded to include a “Green City” section that will refer users to a wide range of initiatives designed to improve the local environment. Key elements will include energy conservation measures, recycling, water conservation, and the use of alternative transit. The programs will include rebates for energy conserving refrigerators, water heaters, and other household appliances.

This program will be implemented by the end of 2011.

The City continues to support energy conservation, recycling, water conservation and transit by posting relevant information on the City website and in City Hall. The City has also adopted regular California Building Code updates that require compliance with the latest conservation measures.

3.4.9.1 GREEN CITY PROGRAM
The City will prepare handouts and update the City’s website to publicize the availability of rebate programs, tax incentives, and other measures that will reduce the cost of installing energysaving devices.

This program will be implemented by the end of 2011.

3.4.9.1 GREEN CITY PROGRAM
The City will update the zoning code and subdivision requirements and other applicable codes to promote energy conservation in housing rehabilitation and in the construction of new housing.

This program will be implemented by the end of 2011.

3.4.9.1 GREEN CITY PROGRAM
The City shall support ongoing programs from SCE and Sempra Energy that promote energy conservation.

This program will be implemented by the end of 2011.

Attachment A

Page 19 of 28 ends

3.4.9.2 WATER

CONSERVATION PROGRAM
The City of Covina shall promote water conservation (drought-tolerant landscaping, water conserving plumbing fixtures, etc.) in the review of new development. The City adopted a water conservation ordinance in conformance with State law. The City will prepare handouts post information on the City’s website concerning the plant materials and techniques for xeriscape landscaping.

Continue to publicize water conservation information.

The City continues to support water conservation and relevant information is posted on the City website and in City Hall. The City has also adopted regular California Building Code updates that require compliance with the latest water conservation measures.

3.4.9.2 WATER CONSERVATION PROGRAM
The City’s Water Division maintains a website and publishes a variety of brochures and information guides indicating ways residents may reduce water consumption. This website will be maintained throughout the planning period and brochures will continue to be distributed at City Hall.

Continue to publicize water conservation information.

Attachment A

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Jurisdiction Covina ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 10/15/2013 - 10/15/2021 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Attachment A

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Jurisdiction Covina ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202)
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Rehabilitation ActivityPreservation of Units At-Risk
123
Acquisition of UnitsMobilehome Park PreservationTotal Units by Income 123 Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report
Attachment
January 2020
A

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Jurisdiction Covina
Reporting Period 2021 (Jan. 1 - Dec. 31)Planning Period 5th Cycle 10/15/2013 - 10/15/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas (CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only
be fill
e
d out if the
housing element sites
inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Attachment A

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Jurisdiction Covina
Note: "+" indicates an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain autocalculation formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
Attachment A

Page 24 of 28 ends

Jurisdiction Covina
Reporting Year 2021 (Jan. 1 - Dec. 31)Planning Period 5th Cycle 10/15/2013 - 10/15/2021 Current Year
Deed Restricted 0Non-Deed Restricted 12Deed Restricted 0Non-Deed Restricted 6Deed Restricted 0Non-Deed Restricted 9 2552
Units by Structure Type Entitled Permitted CompletedSFA 0 0 0SFD 1 0 3 2 to 4 5 2 25+ 264 25 0
ADU 19 25 17MH 0 0 0
Total 289 52 22
4 9744
0 00
00 Income Rental Ownership Total
Very Low 0 00Low 0 00Moderate 0 00Above Moderate 0 00Total 0 00Cells in grey contain auto-calculation formulasTotal Units Constructed with StreamliningTotal Housing Applications Submitted:Number of Proposed Units in All Applications Received:Total Housing Units Approved:Total Housing Units Disapproved:Total UnitsHousing Applications SummaryUse of SB 35 Streamlining ProvisionsNote: Units serving extremely low-income households are included in the very low-income permitted units totalsNumber of Applications for Streamlining Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining PermitsNumber of Streamlining Applications ApprovedTotal Developments Approved with Streamlining Attachment A

Page 25 of 28 ends

Jurisdiction Covina
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement Re
quested
Other
Fundin
g
Notes
1a. Update ADU regulations
$10,000 $0 None
Completed two amendments to ADU regulations in compliance with recent State Legislations: AB 3182 (2020) and SB 13, AB 68, AB 881 AB 587, AB 670,and AB 671 (2019). b. Prepare ADU guidance brochure; and c. ADU Submittal checklist $10,000 $0 None Pending preparation of ADU guidance brochure & submittal checklist d. ADU Public outreach and hearings; and e. Ordinance
adoption $5,000 $0 None
Community meeting & study session, and public hearings completed on 2/26/19, 4/16/19, 9/15/20, 10/27/20 and 11/17/20. Adopted Ord. 19‐07 on 4/16/19 & Ord. 20‐10 on 11/17/20.

2. Update Multi-family (RD) Zone; 2a. review existing regulations 10,000 $0 None Completed a summary memo analyzing existing regulations with recommendations for changes. Memo dated 10/27/20. 2b. RD Zone - Revised procedures, allowed by right review $35,000 $0 None
Craft new RD multi‐family regulations to allow a wider variety of housing types and streamline review process; Administrative Draft (Chapter 17.28)completed in late May 2021; public review draft completed September 1, 2021; posted public review draft on City's web site 2c. RD Zone - Objective design and development standards and $30,000 $0 None
Craft new objective design and development standards for allowing a wider variety of housing types; administrative draft completed in June 2021; public review draft of Objective Design Standards completed on September 13, 2021; and public review draft posted to City's Web site. 2d. SB 35 submittal checklist $5,000 $0 None Pending preparation of B 35 handouts and checklists CompletedCompletedCompleted
In Progress
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 150,000.00 Task Status
Completed
In Progress
Attachment A

Page 26 of 28 ends

2e. RD Zone - CEQA review
$5,000 $0 None
CEQA analysis completed and incorporated as part of the Planning Commission and City Council staff reports as well as  the Ordinance 21‐09 adopted by City Council. 2f. RD Zone - Public outreach and hearings; and 2g. Adoption $10,000 $0 None
1st community wide (virtual) engagement meeting completed 1/27/21; second community wide and Planning Commission study session (in‐person and virtual) completed September 28, 2021, which included the RD new regulations and the Objective Design Standards;  Planning Commission public hearing completed October 26, 2021 and City Council public hearing completed November 16, 2021 for both the Zoning Code Amendment (new RD regulations) and the new Objective Design Standards; and second reading of Ordinance 21‐09 completed December 21, 2021. 3a. Covina Town Center Specific Plan (CTCSP) Amendment; CTCSP - Public outreach and hearings; and CTCSP - Resolution adoption (The cost for these tasks were revised from $22,500 to $5,000 as of 12/6/2021) $5,000 $0 None
Completed CTCSP amendment by allowing the use of TOD/HDR density (26 to 50 units per acre) for those sites  within one quarter mile of the Metrolink transit rail station.  The amendment will provide additional opportunity to increase housing production.  Public hearings conducted on 6/23/20, 7/14/20 and 9/1/20. Council adopted Resolution 2020‐80 on 9/1/2020. 3b. CTCSP - CEQA review (The cost for this task was revised from $7,500 to $25,000 as of 12/6/2021) $25,000 $0 None Council adopted Addendum to previously certified EIR for the Covina Town Center Specific Plan Amendment.

Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted
0 Non-Deed Restricted 10Deed Restricted
0 Non-Deed Restricted
8 Deed Restricted
0 Non-Deed Restricted
7 264289
Current Year
Deed Restricted
0 Non-Deed Restricted 12Deed Restricted
0 Non-Deed Restricted
6 Completed Entitlement Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
CompletedCompletedCompletedCompleted
Attachment A

Page 27 of 28 ends

Deed Restricted
0 Non-Deed Restricted
9 2552
Current Year
Deed Restricted
0 Non-Deed Restricted
8 Deed Restricted
0 Non-Deed Restricted
8 Deed Restricted
0 Non-Deed Restricted
60 22
Moderate
Above Moderate
Total UnitsTotal Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Attachment A

Page 28 of 28 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: CC Regular Meeting - Mar 15 2022
Title: Acceptance of Grant Funds from the State of California Department of Parks and Recreation for the Covina Recreation Village Project and to Appropriate the Necessary Funds
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2022-23 amending the Fiscal Year 2021-2022 Operating Budget to accept $4,845,229 from the State of California Department of Parks and Recreation and appropriate the funds for the purpose of construction services for the Covina Recreation Village Project.

EXECUTIVE SUMMARY / BACKROUND:

Proposition 68 was passed by voters in June 2018, which authorized Four Billion ($4,000,000,000) of general obligation bonds to fund the creation and development of state and local parks, environmental projects, water infrastructure projects, and flood protection projects. Of that, Six Hundred and Fifty Million Two Hundred and Seventy Five Thousand Dollars ($650,275,000) was allocated to the Statewide Park Program (SPP), a competitive grants program that aims to create new parks and new recreation opportunities in critically underserved communities across California. The previous three rounds of SPP were funded through Proposition 84 (2006 Bond Act). Over one hundred (100) new parks were created and twenty (20) existing parks were improved throughout California.

In the SPP Round 4, a project must involve either development or a combination of acquisition and development to: 1. create a new park, 2. expand an existing park, or 3. renovate an existing park. The program specifically focuses on disadvantaged and low income communities, and/or communities with a critical lack of park space.

Therefore, a project is only eligible if it is located in a community with less that three (3) acres per one thousand (1,000) residents or the median household income is less than fifty one thousand and twenty six dollars ($51,026).

The Community Fact Finder Report, which is used by the grant program to determine eligibility, determined that the community surrounding the project site has 1.59 park acres per one thousand residents (1,000), which is considered very low. The low park acreage per resident supports the critical need for improved recreation and park spaces.

In early FY 2021, the City Community Development Department staff worked with a grant writing consultant, Evan Brooks Associates, Inc., to prepare an application for the Statewide Park Program Grant. The application requested funding for rehabilitation and reuse of the former Vita Pakt warehouse structure to an indoor sports and recreation complex, creation of an outdoor climbing rock training structure, and the development of two parks; dog park and pocket park for the Recreation Village Park. On December 8, 2021, the Offices of Grants and Local Services (OGALS) informed the City that the Recreation Village Project has been selected for fund amount of $4,845,229 through the Proposition 68 Statewide Park Development and Community Revitalization program.

DISCUSSION:

To move forward in the funding process, the City Council is requested to approve the attached Resolution CC 2022-23 to appropriate grant funds in the amount of $4,845,229. This action will allow the City to accept the funds and begin using the funding. Funding through the SPP grant program will be used to pay for the construction of the project, which includes construction documents and plan check fees.

FISCAL IMPACT:

The City of Covina will receive $4,845,229 in funding, with no match requirement. There is no General Fund impact. Resolution CC 2022-23 will establish and appropriate the budget into the corresponding revenue and expenditure accounts.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Resolution CC 2022-23
Respectfully submitted,

Page 2 of 4 ends

RESOLUTION CC 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-2022 OPERATING BUDGET TO ACCEPT $4,845,229 FROM THE STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION AND APPROPRIATE
THE FUNDS TO ACCOUNTS 4600PR68-42177-P2202 AND 4600PR68- 55100-P2202 FOR THE PURPOSE OF CONSTRUCTION SERVICES FOR

THE COVINA RECREATION VILLAGE PROJECT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2021 and ending June 30, 2022 was approved on June 1, 2021; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the Covina City Council wishes to establish a new Budget allocation in order to facilitate the acceptance and allocation of $4,845,299 in funds from the State of California of Parks and Recreation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Fiscal Year 2021-22 Operating Budget shall be amended and shall establish the necessary accounts as follows:

Account Number Account Title
Original
Budget Increase
Amended
Budget
4600PR68-42177-P2202
Parks CIP-Prop 68
funded-State Parks
Grant-Covina
Recreation Village $0.00 $4,845,299 $4,845,299
4600PR68-55100-P2202
Parks CIP-Prop 68
funded-Building &
Structures –
Covina Recreation
Village $0.00 $4,845,299 $4,845,299

Page 3 of 4 ends

Resolution CC 2022-23 Page 2 of 2
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15st day of March, 2022.

City of Covina, California
BY:

JORGE A. MARQUEZ, Mayor
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-23 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15
th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

Page 4 of 4 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: CC Regular Meeting - Mar 15 2022
Title: Adoption of Resolutions CC 2022-24 and 2022-25 Relating to the Annexation of Territory to Community Facilities District No. 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for May 3, 2022 (342 S. Fourth Avenue, Covina//Annexation 30)
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Adopt City Resolution CC 2022-24, declaring intention to authorize the annexation of territory to Community Facilities District No. 2007-1 (Public Services); and

2. Adopt City Resolution CC 2022-25, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007- 1 (Public Services).

EXECUTIVE SUMMARY / BACKROUND:

On June 5, 2007, the City Council held a public hearing and formed Community Facilities District (CFD) 2007- 1 (Public Services). Pursuant to the Conditions of Approval for development of ten (10) multi-family residential units at 342 S. Fourth Avenue, the builder agreed to annex to the CFD, or to pay an in-lieu fee based on the financial impact on Police, Fire, Emergency and Parks services. The builder has opted to annex into the CFD.

Under the CFD, in Fiscal Year 2021-2022, any new multi-family residential units are charged $550.58 per unit per year for the following services: police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each parcel. The Special Tax authorized by the CFD shall be levied on all parcels for which building permits were issued on or before May 1 of the preceding fiscal year.

This program has been conceived with the intention that all future residential development, which results in a net increase of residential units, will annex to the CFD or pay an equivalent mitigation fee. Residential units constructed prior to formation of the CFD are not subject to the Special Tax.

DISCUSSION:

Resolutions that notice the intent of the City to annex property to the CFD, identify the boundaries of the proposed annexation, identify the types of services to be funded by the CFD, and notice that a public hearing will be held on May 3, 2022, where the City Council will consider the proposed annexation, are pursuant to the Conditions of Approval for development of (10) multi-family residential units at 342 S. Fourth Avenue, Covina, California.

The Assessor’s Parcel Number (APN) is 8444-010-028.

The purpose of the CFD is to finance the aforementioned public safety and park services that are in addition to those currently provided for the territory within the District. In Fiscal Year 2021-2022, the estimated amount for these services, for ten (10) additional multi-family residential units, is $550.58 per unit.

FISCAL IMPACT:

There are ten (10) multi-family residential units in the proposed annexation area, of which ten (10) are subject to the special tax. The “Special Tax” authorized by the proposed annexation to Community Facilities District 2007- 1 (the “CFD”) will generate an estimate of $5,505.80 annually based on Fiscal Year 2021-2022 special tax rates and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following services: police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b ) (2) and (3) and does not constitute a project.

ATTACHMENTS:

Attachment A - Resolution CC 2022-24 Intent (Annexation 30) Attachment B - Resolution CC 2022-25 Adopting Map (Annexation 30) Respectfully submitted,

Page 2 of 16 ends

RESOLUTION CC 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE

ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), at this time desires to authorize the annexation of territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”) pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and
WHEREAS, CFD No. 2007-1 was formed to finance new police services, fire protection and suppression services, paramedic services, and park maintenance and other public services in addition to those provided in or required for the territory within CFD No. 2007-1 and will not be replacing services already available; and
WHEREAS, certain territory is proposed to be annexed to CFD No. 2007-1 and such territory shall be known and designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 30 (“Annexation No. 30”); and WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 30 into CFD No. 2007-1, to describe the territory proposed to be annexed, Annexation No. 30, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 30, to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 30 into CFD No. 2007-1; and WHEREAS, a map showing the boundaries of Annexation No. 30 proposed to be annexed has been submitted, and a copy of the map shall be kept on file with the transcript of these proceedings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Authorization. The proceedings for annexing Annexation No. 30 into CFD No. 2007-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act.

SECTION 3. Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 30 be added to CFD No. 2007-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No. 30 to CFD No. 2007-1.

Page 3 of 16 ends

Resolution CC 2022-24 Page 2 of 5
SECTION 4. Boundaries. A general description of the boundaries of Annexation No. 30 proposed to be annexed is as follows:

All that territory proposed to be annexed to CFD No. 2007-1, as such property is shown on a map designated as “Annexation Map No. 30 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California,” attached hereto as Exhibit “A” and hereby incorporated by reference.

Existing territory includes the following:

CFD General description of existing territory
Original area 1009 N. Citrus
Annexation #1 228 W. Center Street
Annexation #2 Vintage Walk 2
Annexation #3 451 E. Badillo
Annexation #4 1256 W. McGill Street
Annexation #5 Citrus Walk
Annexation #6 276 W. Dexter Street
Annexation #7 166 E. Center Street
Annexation #8 269-275 W. Center Street
Annexation #9 425 Center Street
Annexation #10 800 N. Banna Avenue
Annexation #11 735 Orange Circle
Annexation #12 308 S. Barranca Avenue
Annexation #13 1732 E. Ruddock Street
Annexation #14 1162 N. Citrus Avenue
Annexation #15 172 E. Center Street
Annexation #16 437 W. Center Street
Annexation #17 139 E. Puente Street
Annexation #18 310 W. Edna Place
Annexation #19 400 block of North Citrus Avenue
Annexation #20 245 E. Puente Street
Annexation #21 135 W. Center Street
Annexation #22 129-137 W. Orange Street
Annexation #23 155 E. San Bernardino Road
Annexation #24 449 S. Barranca Avenue
Annexation #25 546 N. Lark Ellen Avenue
Annexation #26 143 W. Center Street
Annexation #27 135 E. Badillo Street
Annexation #28 1060 W. San Bernardino Road, 1103 W. Badillo Street and 1111 W. Badillo Street
Annexation #29 707 N. Barranca Avenue
Annexation #30 342 S. Fourth Avenue (in progress)
Annexation #31 316 S. Barranca Avenue (in progress)

Page 4 of 16 ends

Resolution CC 2022-24 Page 3 of 5
SECTION 5. Name of District. The name of the district is “City of Covina Community Facilities District No. 2007-1 (Public Services)” and the designation for the territory to be annexed shall be “City of Covina Community Facilities District No. 2007-1 (Public Services), Annexation No. 30.”
SECTION 6. Services Authorized to be Financed by CFD No. 2007-1, Annexation No. 30.

The services that are authorized to be financed by CFD No. 2007-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2007-1 and Annexation No. 30 and will not be replacing services already available. A general description of the services to be financed by CFD No. 2007-1 and Annexation No. 30 is as follows:

PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2007-1 and Annexation No. 30. The Special Tax provides only partial funding for Public Services.

The same types of services which are authorized to be financed by CFD No. 2007-1 are the types of services to be provided in Annexation No. 30. If, and to the extent possible, such services shall be provided in common within CFD No. 2007-1 and Annexation No. 30.

SECTION 7. Special Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2007-1 and Annexation No. 30, and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 30, will be levied annually within the boundaries of such Annexation No. 30. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “B” (the “First Amended Rate and Method of Apportionment”), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 30 to clearly estimate the maximum amount that such person will have to pay.

The special tax proposed to be levied within Annexation No. 30 for services to be supplied within Annexation No. 30 shall be equal to the special tax levied to pay for the same services in CFD No. 2007-1, to the extent that the actual cost of providing the services in Annexation No. 30 is equivalent to the cost of providing those services in CFD No. 2007-1. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher than the maximum special tax authorized to be levied pursuant to the First Amended Rate and Method of Apportionment.

The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City Treasurer.

Page 5 of 16 ends

Resolution CC 2022-24 Page 4 of 5
The maximum special tax rate in CFD No. 2007-1 shall not be increased as a result of the annexation of Annexation No. 30 to CFD No. 2007-1.

SECTION 8. Public Hearing. Notice is given that on the 3 rd day of May, 2022, at the hour
of 7:30 p.m., in the regular meeting place of the City Council being the Covina City Hall located at 125 E. College Street Covina, CA 91723, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 30 to CFD No. 2007-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 30 and all other matters as set forth in this Resolution of Intention.

At such public hearing, the testimony of all interested persons for or against the annexation of Annexation No. 30 or the levying of special taxes within Annexation No. 30 will be heard.

At such public hearing, protests against the proposed annexation of Annexation No. 30, the levy of special taxes within Annexation No. 30 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing.

SECTION 9. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2007-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 30, (c) owners of one-half or more of the area of land in the territory included in CFD 2007-1, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 30, file written protests against the proposed annexation of Annexation No. 30 to CFD No. 2007-1 and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the annexation of Annexation No. 30 to CFD 2007-1.

SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in a legally designated newspaper of general circulation, in the territory of Annexation No. 30 and CFD 2007-1 pursuant to Section 6061 of the Government Code. Said publication shall be completed at least seven (7) days prior to the date set for the public hearing and shall contain the information prescribed in Section 53322 of the Act.

SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15thday of March, 2022.

City of Covina, California
BY:

JORGE A. MARQUEZ, Mayor

Page 6 of 16 ends

Resolution CC 2022-24 Page 5 of 5
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-24 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

Page 7 of 16 ends

Resolution CC 2022-24 Exhibit A

EXHIBIT A TO RESOLUTION

ANNEXATION MAP

Page 8 of 16 ends

Resolution CC 2022-24 Exhibit B
EXHIBIT B TO RESOLUTION CC 2022-24

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

Page 9 of 16 ends

Resolution CC 2022-24 Exhibit B

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

10. CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1.
“Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement.
“Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.

Page 10 of 16 ends

Resolution CC 2022-24 Exhibit B
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts. “Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax.
“CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area. “County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F. “Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Page 11 of 16 ends

Resolution CC 2022-24 Exhibit B
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June

30. “Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as Multi-Family Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property.
“Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

Page 12 of 16 ends

Resolution CC 2022-24 Exhibit B
“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, MultiFamily Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

Page 13 of 16 ends

Resolution CC 2022-24 Exhibit B
E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

Page 14 of 16 ends

RESOLUTION CC 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY

PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2007-1; and
WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2007-1, said area to be designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 30 (hereafter referred to as “Annexation No. 30”).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 30 to be subject to the levy of a special tax upon the annexation of such territory to CFD No. 2007-1 is hereby approved and adopted. Such map is designated by the name of “Annexation Map No. 30 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California.”
SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 30, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution of Intention fixing the time and place of the Public Hearing to annex Annexation No. 30 to CFD No. 2007-1, a copy of said map shall be filed with the correct and proper endorsements thereon with the Los Angeles County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15thday of March, 2022.

City of Covina, California
BY:

JORGE A. MARQUEZ, Mayor

Page 15 of 16 ends

Resolution CC 2022-25 Page 2 of 2
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-25 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

Page 16 of 16 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: CC Regular Meeting - Mar 15 2022
Title: Resolution Authorizing the City Manager to Execute All Documents and Agreements for Projects Funded Through the State of California Department of Transportation (Caltrans) on Behalf of the City of Covina
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Adopt Resolution CC 2022-26 Authorizing the City Manager to Execute All Documents and Agreements for Projects Funded Through the State of California Department of Transportation (Caltrans) on Behalf of the City of Covina EXECUTIVE SUMMARY / BACKROUND:

The City of Covina is eligible to receive federal funding for various transportation projects through the State of California Department of Transportation (Caltrans). To ensure receipt of federal funding for these projects, the City Council must adopt a resolution designating the City Manager as the authorized official to execute documents and agreements for projects funded through Caltrans.

DISCUSSION:

From time to time, the City submits grant applications for federally-funded programs. The City has historically been awarded federally-funded grants for Capital Improvement Projects managed by the City's Department of Public Works. Federally-funded grants administered by Caltrans require submittals from the City at the time of grant application submission, at the time grant acceptance, during project implementation, and/or following the completion of the project.

Additionally, the City is required to process and submit technical information such as environmental clearances, right-of-way certifications, and financial documentation to Caltrans for subsequent approval.

In order to comply with all federal requirements encompassing grant-related submittals, City staff is recommending the City Council designate the City Manager as the authorized official to execute all documents and agreements for projects funded through Caltrans.

FISCAL IMPACT:

There is no fiscal impact with this action.

ATTACHMENTS:

Attachment A - Resolution CC 2022-26
Respectfully submitted,

Page 2 of 4 ends

RESOLUTION CC 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

ALL DOCUMENTS AND AGREEMENTS FOR PROJECTS FUNDED

THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS)
WHEREAS, the City of Covina is eligible to receive Federal and/or State funding for various transportation projects through the State California Department of Transportation (Caltrans); and
WHEREAS, the City Council hereby appoints the City Manager or her designee to execute all federally required documents in relations to each phase of federally funded work such as:

Preliminary Engineering, Preliminary Environmental Studies, Right-of-Way, Construction, and Reimbursement and Closeout; and
WHEREAS, the City Council hereby appoints the City Manager to execute all agreements between the City of Covina and the State of California Department of Transportation (Caltrans) for projects that are State funded.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Manager or his designee is authorized and directed to execute documents and agreements on behalf of the City as identified in the recitals above.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15th day of March, 2022.

City of Covina, California
BY:

JORGE A. MARQUEZ, Mayor
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

Page 3 of 4 ends

Resolution CC 2022-26 Page 2 of 2

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-26 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15
th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

Page 4 of 4 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: CC Regular Meeting - Mar 15 2022
Title: Accept Donation from the Champion Family Foundation and Purchase of a Drone or Unmanned Aerial System (UAS) for the Police Department
Presented By: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2022-27 accepting a donation from the Champion Family Foundation in the amount of $9,000 and increase the police department 2021-22 revenue and expenditure budget.

2. Approved the implementation of a drone program with the purchase of a drone in the amount of $9,000
EXECUTIVE SUMMARY / BACKROUND:

UAS programs in law enforcement have become increasingly popular in the industry today. The police department has researched the implementation of a UAS program with a specific focus of identifying the right equipment for Covina's purposes. A drone can be used for many purposes including:
• Search and rescue to cover more territory in an efficient manner compared to personnel on foot. • Tracking suspects to obtain real-time information to locate and safely apprehend suspects. • Officer safety. Drones can supervise personnel in real-time which can increase officer awareness, safety and resource management.
• Monitoring events and crowd control.
• Reporting and analysis. Drones can provide a "bird's eye" view during investigations and can get into high risk areas and building structures.
• Photography for use in website development, social media and presentations. • Inspection/Monitoring of City facilities and assets.

DISCUSSION:

The purchase, maintenance and management of the drone will be the responsibility of the police department.

However, City departments may utilize the drone if needed with proper coordination. Also, neighboring law enforcement agencies may be assisted by the drone program.

Drone manufacturers and sales companies were contacted to get information on models, capabilities and pricing.

Two manufacturers were researched in an effort to develop a UAS program. These manufacturers were Autel Robotics and DJI. Both are industry leaders for public safety departments. They offer a wide variety of attachments/features for mission specific functions along with a built-in thermal cameras. The thermal camera is a necessary feature and represents the largest cost on buying a drone. It increases safety and effectiveness during night time missions. The listed Autel and DJI cameras meet the department's needs and requirements. Both have capabilities to transmit live video feed to a command center with the use of a smart controller. They are both agile platforms that can be used in many different applications and scenarios. Their size allows them to operate smoothly in outdoor elements but still small enough to fly through indoor settings. Their portability is another major advantage. They can be folded into a compact size and stored in a medium sized case containing the needed accessories.

After extensive research, staff would like to purchase the DJI Mavis 2 due to having better options due to it's bundled features and support.

FISCAL IMPACT:

Approval of Resolution CC 2022-27 will authorize acceptance of the $9,000 donation and establish the appropriation for the purchase of the drone. No new general funds are being requested. The $9,000 donation will be utilized.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None
ATTACHMENTS:

Attachment A - Resolution CC 2022-27 Champion Donation
Respectfully submitted,

Page 2 of 4 ends

RESOLUTION CC 2022-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, ACCEPTING A DONATION FROM THE CHAMPION
FAMILY FOUNDATION IN THE AMOUNT OF $9,000 AND INCREASING THE POLICE DEPARTMENT FISCAL YEAR 2021-22 BUDGET BY THE

SAME AMOUNT
WHEREAS, the City of Covina received a monetary donation from the Champion Family Foundation in the amount of $9,000; and
WHEREAS, this donation augments funding for police equipment; and WHEREAS, acceptance of this donation may be made by the City Manager or his designees and shall be by approval and Resolution of the City Council; and WHEREAS, accepting this donation will increase the Police Department’s appropriation and revenue accounts by the same amount; and
WHEREAS, appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The donation from the Champion Family Foundation, as described above, is hereby accepted by the City of Covina.

SECTION 2. Amend the Fiscal Year 2021-22 Police Department Budget as follows:

Account Number Account Title Original Budget Increase
Amended
Budget
2920 0000 48100 Patrol donations 15,273.29 $9,000 $24,273.29 2920 1130 54420 Tactical equipment 9,000 $9,000 $9,000.00 SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15th day of March, 2022.

City of Covina, California
BY:

JORGE A. MARQUEZ, Mayor

Page 3 of 4 ends

Resolution CC 2022-27 Page 2 of 2
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-27 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

Page 4 of 4 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: CC Regular Meeting - Mar 15 2022
Title: SB 341 Compliance Report on the Housing Successor Agency Low and Moderate Income Housing Asset Fund
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Receive and file the report.

EXECUTIVE SUMMARY / BACKROUND:

On January 1, 2014, Senate Bill 341 (SB 341) became effective, requiring each housing successor agency that assumed the housing functions of a former redevelopment agency to post a report on its website containing information regarding the Housing Successor Low- and Moderate-Income Housing Asset Fund (Fund) for the previous fiscal year.

The reporting requirements have been amended twice. In 2015, Assembly Bill 1793 (Chapter 672, Statutes of 2014, effective January 2015) amended Health & Safety Code Section 34176.1(f) to add new provisions now numbered as 34176.1(f)(13)(A)-(D). In 2016, Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) amended Health & Safety Code Section 34176.1(f) to add a new reporting item number 1 and revise reporting item number 2. The reporting requirements are attached as Attachment A.

In addition, the housing successor agency is required to conduct and provide an independent financial audit of the Fund within six months of the end of the fiscal year. The audit may be included as part of the City’s independent financial audit.

DISCUSSION:

An independent financial audit of the Fund was provided to the Covina City Council on March 1, 2022, and by memo to the Covina Housing Authority Board on March 8, 2022. The financial audit is included as part of the Annual Comprehensive Financial Report (ACFR) and has been posted on the City’s website at www.covinaca.gov.

The Covina Housing Authority SB 341 Compliance Report (Report) is attached as Attachment B. The Report includes specified housing financial and activity information and will be submitted as an addendum to the Annual Progress Report (APR) which is submitted to the California Department of Housing and Community Development (HCD) pursuant to State housing law, by April 1.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b) (3) and does not constitute a project.

ATTACHMENTS:

Attachement A - 2016 Change to Annual Report Requirements for Housing Successors for Redevelopment Agencies
Attachment B - Covina Housing Authority SB 341 Compliance Report Respectfully submitted,

Page 2 of 15 ends

2016 Change to Annual Report Requirements for Housing Successors to Redevelopment Agencies Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) amended Health & Safety Code Section 34176.1(f) to add a new reporting item (number 1) and revise reporting item 2.

HCD Note: SB 107 amendments are reflected in red. When new requirements are imposed that an agency cannot typically meet in the same calendar or fiscal year in which the statutory change took effect (e.g. year 2016 for SB 107) for good cause (e.g. additional time and/or resources are needed to comply with new requirements), HCD’s practice is that the agency compliance due date can fall in the next calendar or fiscal year (e.g. year 2017) following the year the statutory change took effect.

Successor Entity Reporting
Senate Bill 341 (Chapter 796, Statutes of 2013) previously amended Health & Safety Code Section 34176 to address particular provisions and functions relating to former “redevelopment agencies” and new “housing successor” entities allowed to elect and assume particular functions of redevelopment agencies (RDAs) dissolved in 2012. A housing successor entity can include a local Public Housing Authority when a city or county elects not to become the housing successor entity.

SB 341 eliminated the former redevelopment agency annual report requirement due to both the Department of Housing and Community Development (HCD) and State Controller while RDAs were active.

All successor housing entities, starting with the FY ending in 2014, are required to comply with different annual report requirements within six months after the end of each fiscal year (FY). One requirement is to provide an independent financial audit to the legislative body. Another requirement is for a city or county housing successor to report housing financial and activity information by:
(1) including specified information with the housing element Annual Progress Report (APR) required to be annually submitted to HCD by April 1 pursuant to State housing law in reporting progress in implementing the housing element. (NOTE: Successor entity reporting data required to included with APR can be a paper report identified as an addendum to the APR. The separate housing fund data report can be attached to the APR or sent separately to HCD) and
(2) posting specified information on the jurisdiction’s website.

Following are current annual report requirements last amended in 2015 described in H&SC section 34176.1 beginning with subsection (f) [note: reference to Section 33080.1 relates to former RDAs]:

H&SC 34176.1:
(f) Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1) The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
(2) The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3) A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts. (4) A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the

Page 3 of 15 ends

ATTACHMENT A PAGE 1 OF 2
2016 Change to Annual Report Requirements for Housing Successors to Redevelopment Agencies activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). (5) As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. (6) A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
(7) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project. (8) For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9) A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successor’s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10) The information required by subparagraph (B) of paragraph (3) of subdivision (a). (11) The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12) The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus. (13) An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses. (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. (D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.

Page 4 of 15 ends

ATTACHMENT A PAGE 2 OF 2
ATTACHMENT B Page 1 of 11
COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
(ADDENDUM TO COVINA ANNUAL PROGRESS REPORT SUBMITTED TO HCD) Housing Successor Agency
Low- and Moderate-Income Housing Assets Fund
Specified Activity Information Pursuant to
California Health and Safety Code Section 34176
Year Ended June 30, 2021
The Covina Housing Authority was activated by the City of Covina on January 25, 2011 by Resolution 11-6926. On January 30, 2012, by Resolution 12-7045, the Covina City Council elected not to retain the housing assets and functions previously performed by the Covina Redevelopment Agency, which was dissolved pursuant to Part 1.85 of Division 24 of the California Health and Safety Code. All rights, powers, duties and obligations were transferred to the Covina Housing Authority. The Covina Housing Authority is the housing successor agency of the Covina Redevelopment Agency.

On January 1, 2014, Senate Bill 341 (SB 341) became effective, requiring each housing successor agency that assumed the housing functions of a former redevelopment agency to post a report on its website containing information regarding the Low- and Moderate-Income Housing Assets Fund (Fund) of the housing successor for the previous fiscal year.

Assembly Bill 1793 (Chapter 672, Statutes of 2014, effective January 2015) amended Health & Safety Code Section 34176.1(f) and added new provisions now numbered as 34176(f)(13)(A)-(D).

Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) amended Health & Safety Code Section 34176.1(f) to add a new reporting requirement numbered as 34176(f)(1) and revise the reporting requirement numbered as 34176(f)(2).

In addition, the housing successor agency is required to conduct and provide to its governing body an independent financial audit of the Fund within six months of the end of the fiscal year. The audit may be included as part of the City’s independent financial audit.

The audit is included as part of the Comprehensive Audited Financial Report (CAFR) and is available on the City’s website at www.covinaca.gov. Following presentation to the City Council and the Housing Authority, a copy of the independent financial audit will be provided to the Covina Housing Authority Board (Board).

The remainder of this Compliance Report provides the information required under Health and Safety Code 34176.1(f):

1. Amounts Received and Deposited Pursuant to 34191.4(b)(3)(A): This section provides the total amount of funds paid to the City and the amount deposited into the

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LMIHAF allocable to 20% of the repayments on reinstated City/Agency loans per Section 34191.4.

2. Amount Deposited into LMIHF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

3. Ending Balance of LMIHF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

4. Description of Expenditures from LMIHF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).

5. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

6. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

7. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

8. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.

9. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any.

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10. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met.

11. Senior Housing Test: This section provides the percentage of units of deedrestricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is July 1, 2011 to June 30, 2021.

12. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.

13. Inventory of Homeownership Units: This section provides a summary of covenanted homeownership units assisted by the former redevelopment agency or the housing successor that include an equity sharing and repayment provisions, including (a) number of units; (b) number of units lost to the portfolio in the last fiscal year and the reason for those losses, and (c) any funds returned to the housing successor pursuant to losses or repayments.

1. AMOUNTS RECEIVED AND DEPOSITED PURSUANT TO 34191.4(b)(3)(A) Loan repayment received by the City. $1,692,089
TOTAL $1,692,089

2. AMOUNTS DEPOSITED TO THE LOW AND MODERATE INCOME

HOUSING ASSET FUND
Amount deposited to the Low and Moderate Income
Housing Asset Fund for item listed on the
Recognized Obligation Payment Schedule (ROPS)
pursuant to H&S Code 34191.4 (b)(3)(B)(C)
$753,672
Amount deposited to the Low and Moderate Income
Housing Asset Fund from sources other than ROPS
Interest earned $39,187.28
TOTAL $792,859.28

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3. ENDING BALANCE OF LMIHAF
Recognized Obligation Payment Schedule amount $0
Other amounts $4,196,798.37
TOTAL $4,196,798.37

4. DESCRIPTION OF EXPENDITURES FROM LMIHAF
(A) Monitoring/preserving long-term affordability
and administration expenditures
$370,164.35
(B) Homeless prevention/rapid rehousing $147,948.77
(C) Housing development $6,830
TOTAL $524,943.12
The Housing Successor is allowed to spend up to the greater of $200,000 or 5% of the outstanding loans or other receivables plus the statutory value of any land owned. (defined and calculated in Section 5), which totals $337,763.12 on Monitoring and Administration Expenditures.

5. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The following provides the statutory value of assets owned by the Housing Successor.

Real Property $425,610
Assets held for resale $0
Loans receivable* $6,329,652.45
TOTAL $6,755,262.45
*Note: of the Loans Receivable listed, $1,587,652.45 is considered “uncollectible” due to the forgiveness feature of these loans1

1 ACFR for year ending June 30, 2021

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6. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.

7. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue for a project pursuant to the ROPS.

8. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012. Section 33334.16 applies to the interest in real property acquired using moneys from the Lowand Moderate-Income Housing Fund before 2012, and requires that the agency shall, within five years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose.

Property Received From the Former Redevelopment Agency Prior to February 1, 2012:

APN Date
Acquired
DOF Transfer
Approval
Original Cost Status
8434-002-904 July 27, 2004 Feb. 21, 2013 $425,610 In use as transitional
housing
8445-001-918 May 20, 2005.

Time
extension
obtained on
May 18, 2010
Feb. 21, 2013 $730,200 Entered into
DDA to sell
property on
March 1, 2011.

Sale completed
on March 3,
2014
Property Acquired On or After February 1, 2012:

Not Applicable. The Housing Successor has not acquired any properties after February 1, 2012.

9. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413

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Replacement Housing: According to the 2010 – 2014 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor.

Inclusionary / Production Housing. According to the 2010 – 2014 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor.

The former redevelopment agency’s Implementation Plans are posted on the City’s website.

Outstanding obligations pursuant to Section 33413 that
remain to transfer to the Housing Successor on February 1, 2012
None
Unmet obligations None

10. INCOME TARGETING TEST
The information required by subparagraph (B) of paragraph (3) of subdivision (a).

The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed (monitoring and homeless services) for the development of housing affordable and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successor's expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.

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120% Housing Asset Fund Expenditure Limitations
100% AMI between 20%
Owner- 60-80%
80% Occupied
70% 50%
60% Below 60 %
AMI
40%
30%
20% Rental 30% 30% or below 30%
AMI
0%
Housing Type Affordability
Failure to comply with the extremely low income requirement in any 5-year reporting period will result in the Housing Authority having to ensure that 50% of remaining funds be spent on extremely low income rental units until in compliance. Exceeding the expenditure limit for households earning between 60% and 80% of the AMI in any 5-year reporting period will result in the Housing Authority not being able to expend any funds on these income categories until in compliance.

The Housing Authority had administrative, monitoring, housing and development expenses in the period from July 1, 2020 to June 30, 2021. The five-year report follows:

LMIHAF Spent on
Rental Housing for
Extremely-Low
Income
Households
LMIHAF spent on
Households between
60% & 80% AMI
Total
LMIHAF
Spent
FY 2016-2017 $26,553.94 $96,049.54
FY 2017-2018 $120,062.35 $267,154.67
FY 2018-2019 $133,103.99 $317,545.65
FY 2019-2020 $127,499.36 $473,700.42
FY 2020-2021 $147,948.77 $524,943.12
Totals $555,168.41 $1,679,393.40

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Calculation of Five Year Expenditure July 1, 2016 to June 30, 2021 Description Amount Actual % of
Expenditures
over 5 yrs
Required
Expenditure
Caps
Total LMIHAF Expended $1,679,393.40
Total LMIHAF spent on
Extremely Low-Income
$555,168.41 33% Minimum of
30%
Total LMIHAF spent on
Households between 60% and
80% AMI
$0 0 Maximum of
20%

11. SENIOR HOUSING TEST
The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

For this report, the ten-year period reviewed is July 1, 2011 through June 30, 2021.

July 1, 2011 June 30, 2021
No. of assisted senior rental units 0
No. of total assisted rental units 962
Senior Housing Percentage 0%
Covina Gardens at 200 West Rowland Street is a 90-unit rental apartment project, 89 units of which are deed-restricted moderate, low income and very-low income housing. The owner voluntarily provides this housing to seniors only.

12. EXCESS SURPLUS TEST
The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess

2 Includes 89 units at 200 W. Rowland, 7 units at the YWCA Project

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surplus.

Excess Surplus calculations were once performed by redevelopment agencies on an annual basis, and were intended to ensure that funds were expended to benefit low and moderate-income households in an expeditious manner. SB 341 reinstates this calculation for housing successors. Excess Surplus is defined by Health and Safety Code Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four fiscal years, whichever is greater.

The four fiscal years preceding the fiscal year for which the excess surplus is being calculated is included in the calculation below.

Excess Surplus Test for FY 2020-2021:

Fund Balance – as of 6-30-2021 $4,196,798.37
Less unavailable funds* – as of 6-30-2021 $768,316.37
Land Held for resale $0
Total Unavailable Funds $768,316.37
Unencumbered fund balance – as of 6-30-2021 $3,428,482.00 Deposits for the preceding four years:

Fiscal year 2019-2020 $124,712.38
Fiscal year 2018-2019 $1,155,031.81
Fiscal year 2017-2018 $247,976
Fiscal year 2016-2017 $1,326,617
Total deposits $2,854,337.19
Base limitation $1,000,000
Greater amount $2,854,337.19
Computed Excess/Surplus $574,144.81
Excess/Surplus from prior year:

Fiscal year 2018-2019 (due to be expended by
June 30, 2022)
$1,322,100.00
*$768,316.37 (bond) + $0 (unpaid loan)
The excess surplus calculated for each fiscal year is required to be encumbered within three (3) years from the end of that fiscal year by the Housing Successor on eligible activities which provide affordable housing for households at or below low income. Eligible activities include new construction, acquisition, substantial rehabilitation, and preservation of affordability. Any amount of excess surplus not encumbered within the three-year period required by the Dissolution Law must be

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remitted to the State Department of Housing and Community Development (“HCD”), or transferred to another housing successor.

As the general purpose of the excess surplus calculation is to ensure that money is expended for low-income purposes, the best action for the Housing Successor is to expeditiously encumber or expend money currently on deposit. The Housing Authority is presently negotiating for a property which will involve the use of Housing Authority funds.

13. HOMEOWNERSHIP
An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.

Ownership Units Covenanted to be Affordable as of June 30, 2020
No. of Units
Number of ownership units covenanted to be affordable 183 Total 18
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.

Ownership Units Lost to the Portfolio No. of Units
Number of units lost to the portfolio after February 1, 2012 through June 30, 2018
0 Number of units lost to the portfolio in the last fiscal year (fiscal year ending June 30, 2019) and the reason for the losses
0 (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.

Not applicable.
(D) Whether the housing successor has contracted with any outside entity for the

3 Includes 6 units at Vintage Walk, 3 at Vintage Walk 2, 8 at Citrus Walk, and 1 Habitat House

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management of the units and, if so, the identity of the entity.

The Housing Successor has not contracted with any outside entity for management of the units.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: CC Regular Meeting - Mar 15 2022
Title: Professional Services Agreement with Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services
Presented By: Andy Bullington, Director of Public Works Recommendation: 1. Authorize the City Manager to sign a "Piggyback" Contract Authorization Letter with Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services; and

2. Authorize the City Manager to sign a Professional Services Agreement outlining a three (3) year contract with Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services in an amount not-to-exceed $50,000 per year with an option for two (2) additional one-year terms.

EXECUTIVE SUMMARY:

The City of Covina has four sources of hazardous waste that must be identified, labeled, collected, transported, and disposed of in accordance with all applicable state and federal laws. The sources of hazardous waste include:
• Abandoned hazardous waste discovered in the public right-of-way; • Hazardous waste generated through daily operations by the City; • Accidental spills or discharges in the public right-of-way or on City-owned property that require emergency response and remediation; and
• Biological and hazardous waste discovered as a result of homeless encampment cleanup.

BACKGROUND:

Over the past few months, the Public Works Department researched joint purchasing agreements with other governmental entities to determine if a "piggyback" opportunity exists that would comply with the City's purchasing code (CMC Sections 2.20.100 through 2.20.160). Based on this review, it was determined that the City of Long Beach/Port of Long Beach recently conducted a formal bid process to select a consultant to provide services for hazardous waste disposal services and included the necessary contract language that allows other agencies the opportunity to piggyback onto this contract.

The City has contracted with Ocean Blue Environmental Services, Inc since 2018 and have provided excellent service, competitive rates, and timely emergency response services. Furthermore, staff has engaged with Ocean Blue Environmental Services, Inc and they have agreed to extend the terms of the City of Long Beach/Port of Long Beach Hazardous Waste Disposal Services to the City of Covina.

DISCUSSION:

CMC Section 2.20.210, Joint purchasing agreements with other governmental entities, enables the City Manager the flexibility to waive the formal bid procedure prescribed in CMC Sections 2.20.100 through 2.20.160 when it is to the City's advantage for the following instances:

1. Supplies, vehicles, equipment, or services can be purchased in cooperation with other governmental entities or associations; or

2. Supplies, vehicles, equipment, or services can be purchased from a vendor offering the same prices, terms, and conditions as in a previous award from the City or another governmental entity either by competitive bid or through a negotiated process.

Utilizing the Port of Long Beach's agreement with Ocean Blue Environmental Services, Inc will ensure competitive pricing and a streamlined approach to hazardous waste disposal services. As such, staff recommends that the City Council authorize the City Manager to execute a "Piggyback" Contract Authorization Letter (Attachment A) and a Professional Services Agreement (Attachment B) with Ocean Blue Environmental Services, Inc. for the Department of Public Works, Environmental Division in an amount not-to-exceed $50,000 annually.

FISCAL IMPACT:

Funding for this agreement in the amount of $50,000 per fiscal year will be budgeted and included in the FY 2022-23 Operating Budget, Department of Public Works, Environmental Services (account no. 6200-5580- 52140).

The proposed PSA has the option for two additional one-year terms upon the mutual consent of both parties, subject to City Council authorization.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The actions proposed herein have been reviewed for compliance with the California Environmental Quality Act (CEQA) and are exempt per Section 15061 (b) (3). The actions are covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The contents of this memo will not result in any significant effect on the environment.

ATTACHMENTS:

Attachment A - Piggyback Authorization Letter
Attachment B - Ocean Blue Environmental Services, Inc. PSA Respectfully submitted,

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"PIGGYBACK" CONTRACT AUTHORIZATION
The parties to this "PIGGYBACK" CONTRACT do mutually agree to the use of the Contract listed below:

Contract Number: NA
Contract Name: Contract for Consulting Services
Description of Services: On-Call Hazardous Waste Removal Services City of Long Beach/Port of Long Beach authorizes City of Covina to piggyback on the above referenced contract with Ocean Blue Environmental Services, Inc. City of Long Beach/Port of Long Beach shall provide the following documents to City of Covina:

1. Original Contract

2. Award Letter

3. Renewal Amendment (If applicable)
Original Contracting Entity:

City of Long Beach/Port of Long Beach
Port of Long Beach Maintenance Division
725 Harbor Plaza, 2nd Floor
Long Beach, CA 90802
Contractor shall honor and provide the City of Covina with all pricing, terms and conditions and scope of services as those listed in the above referenced contract originally entered into with City of Long Beach/Port of Long Beach. The parties to this Contract are the City of Covina and the following named Contractor:

Contractor Contractor Primary Contact
Ocean Blue Environmental Services, Inc. Name: Justin Lee 925 West Esther Street Phone: 562-624-4120
Long Beach, CA 90813 Email: [email protected]
The effective date of the contract is July 1, 2022 and terminates on June 30, 2025 with an option to extend the contract for two (2) additional one-year terms. In no event shall the contract be extended beyond June 30, 2027.
___________________ __________ ___________________ __________ Justin Lee Date Christopher Marcarello Date
Administrative Director City Manager
City of Covina shall provide Ocean Blue Environmental Services, Inc. with a purchase order which shall constitute a contract.

C I T Y O F C O V I N A
125 East College Street  Covina, California 91723-2199 www.covinaca.gov
03/09/2022

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12923-0001\2624244v1.doc

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 1, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Ocean Blue Environmental Services, Inc, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to On-Call Hazardous Waste Disposal Services throughout the City of Covina B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one-year terms. In no event shall the contract be extended beyond June 30, 2027.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant an amount not-to-exceed fifty thousand dollars $50,000 (the “maximum compensation”) per year and a total amount of one hundred and fifty thousand dollars $150,000 for the three-year term, as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. In the event the parties agree to extend this Agreement beyond June 30, 2025, the parties shall negotiate and mutually agree in writing to any increases in payment rates listed in Exhibit A, but in no event shall any increases in payment rates exceed the most recent available month for the Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim, CA Area published by the Bureau of Labor Statistics (BLS) of the U.S. Department of Labor.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in

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Exhibit B, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Justin Lee, Administrative Officer (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

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H. Best Management Practices. Consultant shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Park VIII.A.3 (Municipal Employee and Contractor Training) and Park VIII.H.3.d (which also requires compliance with Part VIII.H.3.a and b) of the Municipal NPDES Permit No. CAS004004. Consultant’s staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The Consultant shall annually certify they have received all applicable training to implement the requirements in Part VIII.A.3 and Part VIII.H.3.d of the Municipal NPDES Permit No.

CAS004004 and shall provide documentation to the City to that effect on an annual basis.

4. Method of Payment.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

6. Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this

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Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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7. PERS Compliance and Indemnification.

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subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

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servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

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4) Professional Liability Insurance [or Errors and Omissions Insurance] with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section 11.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

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I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

12. Mutual Cooperation.

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of 3 years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

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to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

If to City: If to Consultant:

Attn: Environmental Services Division Ocean Blue Environmental City of Covina, Public Works Department Services, Inc.
125 E. College Street| 925 W. Esther Street
Covina, California 91723 Long Beach, CA 90813

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

19. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

21. Exhibits. Exhibits A, B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

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[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

Name: Georgianna Nicole Alvarez
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney
Consultant:

Ocean Blue Environmental Services, Inc.
a California Corporation
By:

Name:

Title:

By:

Name:

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES

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EXHIBIT C

CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:

1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.

4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to

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City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CPH 1
Meeting: CC Regular Meeting - Mar 15 2022
Title: A Continued Public Hearing for Notice of Intent to Vacate a Portion of Geneva Place between Citrus Avenue and 3rd Avenue and a Strip of Public Alley located at East Side of 141 West Geneva Place
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Continue the public hearing to the meeting of April 19, 2022.

DISCUSSION:

In conjunction with the applications of Tentative Tract Map (TTM) 73661 and Site Plan Review (SPR) 16-028 for a residential and commercial mixed use project, Mr. Tarif Hassan has requested the City to vacate portion of Geneva Place between Citrus Avenue and 3rd Avenue as a public roadway and a strip of public alley as indicated on Attachment A. The status of the project is that the Appraisal Report has been completed, the applicant and staff has reached an agreement, and the attorneys on both sides are finalizing the terms of the agreement. Staff request that City Council continue the public hearing to the April 19, 2022 meeting.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting - Mar 15 2022
Title: Consideration of Resolutions CC 2022-28, CC 2022-29 and CC 2022-30, Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 31), and to Call and Hold a Special Election (316 S.

Barranca Avenue, Covina)
Presented By: Brian K. Lee, Director of Community Development Recommendation: 1. City Council to open the public hearing and consider public testimony and close the public hearing; and

2. Adopt Resolution CC 2022-28, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 31) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

3. Adopt Resolution CC 2022-29, calling a special election and submitting to the voters of Annexation No. 31 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 31 to finance public services, and the establishment of an appropriations limit; and

4. Adopt Resolution CC 2022-30, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 31.

EXECUTIVE SUMMARY / BACKROUND:

At the February 1, 2022, City Council meeting, the Council adopted the boundary map showing territory proposed to be annexed as Annexation No. 31, and declared its intention to authorize the annexation of that territory to Community Facilities District (CFD) No. 2007-1 (Public Services).

The purpose of the CFD is to finance the public safety and park services that are provided to the territory within the District beyond that provided by the City generally. In Fiscal Year 2021-2022, it has been determined that the cost of these services, for each additional multi-family residential home, will be $550.58 per year. This program has been conceived with the intention that all future residential development, which results in a net increase of non-exempted residential units, would be required to annex to the CFD. The project at 316 S. Barranca Avenue, Covina has a total of six (6) new multi-family residential units. The special tax will be applicable to three (3) multi-family residential units in Annexation No. 31.

DISCUSSION:

The purpose of the public hearing is to 1) authorize the annexation of territory to the CFD (Annexation No. 31); 2) call and hold an election of property owners within the CFD, and 3) authorize the levy of a special tax within Annexation No. 31 to the CFD. The related resolutions are hereby presented to the City Council, pursuant to the Conditions of Approval for six (6) new multi-family residential units to be built at 316 S. Barranca Avenue, Covina, California.

Pursuant to the Conditions of Approval for development of a multi-family development at 316 S. Barranca Avenue, Covina, the applicant agreed to annex to the CFD, or to pay an in lieu fee based on the financial impact on Police, Fire, Emergency, and Parks services. The builder opted to annex into the CFD. Under the proposed CFD, in Fiscal Year 2021-2022, any newly constructed, non-exempted multi-family residential units are charged $550.58 per year for the following services: police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each unit. The Special Tax authorized by the CFD shall be levied on all units for which building permits were issued on or before May 1 of the preceding fiscal year.

FISCAL IMPACT:

The “Special Tax” authorized by the proposed Community Facilities District (CFD) will generate $1,651.74 annually, based on three (3) net-new multi-family residential units at the FY 2021-2022 tax rate of $550.58 per multi-family unit and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following additional services in the District: police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Staff has determined that the annexation of the does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(4) because such annexation involves the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

ATTACHMENTS:

Attachment A - Annexation Map - 316 S. Barranca Avenue, Covina, Annexation 31 Attachment B - Resolution CC 2022-28
Attachment C - Resolution CC 2022-29
Attachment D - Resolution CC 2022-30
Respectfully submitted,

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Attachment A
Annexation Map

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RESOLUTION CC 2022-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (ANNEXATION NO. 31) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND

SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this Council, on February 1, 2022, adopted Resolution CC 2022-08 (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2007-1, and a description and map of the proposed boundaries of the territory to be annexed to CFD No. 2007-1 (“Annexation No. 31”), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the 15th of March, 2022, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2007-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2007-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2007-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2007-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2007-1, or (iii) owners of one-half or more of the area of land in the territory within CFD 2007-1 and not exempt from special tax, or (iv), owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2007- 1 and not exempt from the special tax; and
WHEREAS, a boundary map for Annexation No. 31 to CFD No. 2007-1 has been filed with the County Recorder of the County of Los Angeles, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Authorization. All prior proceedings taken by this Council with respect to CFD No. 2007-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.

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Resolution CC 2022-28 Page 2 of 4
SECTION 3. Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2007-1, on file with the City Clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2007- 1, and said territory is hereby annexed to CFD No. 2007-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. Services. The services which CFD No. 2007-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2007-1 and the territory to be annexed to CFD No. 2007-1 and will not be replacing services already available.

A general description of the services to be financed is as follows:

PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for Public Services.

SECTION 5. Special Taxes. It is the intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2007-1 and the territory proposed to be annexed as part of Annexation No. 31, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 31, will be levied annually within the boundaries of Annexation No. 31 from and after the annexation of such property to CFD No. 2007-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2007-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2007-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within Annexation No. 31 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. Election. The provisions of the Resolution of Intention of the City, each as heretofore adopted by this Council, are by this reference incorporated herein as if fully set forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 31 shall be submitted to the voters within Annexation No. 31 at an election called therefore as hereinafter provided. This Council hereby finds that twelve (12) or more persons have not been registered to vote within Annexation No. 31 for each of the 90 days preceding the close of the hearing heretofore conducted and

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Resolution CC 2022-28 Page 3 of 4
concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 31 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 31.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under applicable sections of the California Elections Code, commencing with Section 4000 of said code with respect to elections conducted by mail. The Council called a special election to consider the measures described and incorporated in the ballot, attached as Exhibit “B,” which election was held on March 15, 2022, (hereafter referred to as “Election Day”). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2007-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 7:30 p.m. on Election Day, whether received by mail or by personal delivery.
(c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, has been waived by the voters and the date for the election hereinabove specified is established accordingly.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15th day of March, 2022.

City of Covina, California
BY:

JORGE MARQUEZ, Mayor
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

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Resolution CC 2022-28 Page 4 of 4

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-28 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

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Resolution CC 2022-28 Exhibit A

EXHIBIT A

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

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Resolution CC 2022-28 Exhibit A

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter

2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1.
“Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement. “Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1.

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Resolution CC 2022-28 Exhibit A
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts.
“Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax.
“CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area.
“County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F. “Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

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Resolution CC 2022-28 Exhibit A
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30.
“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as MultiFamily Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property. “Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

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Resolution CC 2022-28 Exhibit A
“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property.
“Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $531 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

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Resolution CC 2022-28 Exhibit A
E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

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Resolution CC 2022-28 Exhibit B

EXHIBIT B

SAMPLE BALLOT

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Resolution CC 2022-28 Exhibit B

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RESOLUTION CC 2022-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE VOTERS OF ANNEXATION NO. 31 OF CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)

PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL
TAXES WITHIN ANNEXATION NO. 31 TO FINANCE PUBLIC

SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT
WHEREAS, pursuant to Section 53339.7 of the California Government Code the City Council (hereafter referred to as the “City Council”) of the City of Covina (the “City”) has adopted the resolution authorizing the annexation of territory to City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“CFD No. 2007-1”); and
WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2007-1 (“Annexation No. 31”) with respect to the levy of special taxes therein for the financing of public services within CFD No. 2007-1; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 31 the annual levy of special taxes on taxable property within Annexation No. 31; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of said Code, the City Council may also submit to the voters of Annexation No. 31 a proposition for the establishment of an appropriations limit for Annexation No. 31; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 31 for each of the ninety (90) days preceding March 15, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2007-1 for each of the 90 days preceding the close of the public hearing on March 15th 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2007-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 31 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 31 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code

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Resolution CC 2022-29 Page 2 of 4
for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on March 15, 2022, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on March 15, 2022.

SECTION 2. Call of Election. The City Council hereby calls and schedules an election for March 15, 2022, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 31 to CFD No. 2007-1 to finance public services within the CFD No. 2007-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 31 to CFD No. 2007-1.

SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation No. 31 at such special election shall be as follows:

Proposition A: Shall special taxes be levied annually on taxable property within the territory to be annexed into the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“Annexation No. 31”); and collected so long as the special taxes are needed to pay for police services, fire protection and suppression services, paramedic services, and park maintenance at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “B” to the Resolution of Intention, Resolution No. 07-6578, adopted by the City Council of the City of Covina on May 1, 2007, and as amended by Resolution No. 09-6743?
Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 31 to the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California, in the amount of $100,000 per annum? The First Amended Rate and Method of Apportionment is attached as Exhibit A.

SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 31 to CFD No. 2007-1 to pay for public services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 31 to CFD No. 2007-1 in the amount of $100,000 per annum shall be as follows:

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Resolution CC 2022-29 Page 3 of 4
(a) Pursuant to Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official, shall mail or deliver to each qualified elector an official ballot in the appropriate form, and shall also mail or deliver to all such qualified electors a ballot pamphlet, instructions to voter, and a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voter shall inform them that the official ballot shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:30 p.m. on the 15th day of March, 2022; provided that if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelope, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

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Resolution CC 2022-29 Page 4 of 4
APPROVED and PASSED this 15th day of March, 2022.

City of Covina, California
BY:

JORGE MARQUEZ, Mayor
ATTEST:
___________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-29 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of March, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________

GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk

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Covina City CouncilMarch 15, 2022

Covina City Council
March 15, 2022