City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, April 5, 2022
IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.
Public Comments: During the meeting, there will be an opportunity for the public to speak.
Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
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City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
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CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—CLOSED SESSION
6:30 PM
CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: John C. King, Victor Linares, Jorge A. Marquez, Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez
PUBLIC COMMENTS
The public is invited to comment on Closed Session items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:
A. Government Code § 54956.8 – CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: 114 E. Italia Street
Covina Agency Negotiator: Chris Marcarello, City Manager Brian Lee, Community Development Director
Negotiating Properties: The Mena Co., dba "Giovanni's"
Under Negotiation: Price and Terms of Payment
City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
RECESS
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—OPEN SESSION
7:30 PM
RECONVENE AND CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: John C. King, Victor Linares, Jorge A. Marquez, Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Allen
INVOCATION
Given by Covina Police Chaplain Ron Butler
PRESENTATIONS
A. Police Department Volunteer Appreciation
B. National Telecommunications Week - April 10 - 16, 2022
PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.
City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
CC 1. Minutes
Staff Recommendation:
Approve the Minutes of the March 1, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
2022 03 01 Minutes CC DRAFT
CC 2. Payment of Demands
Staff Recommendation:
Approve Payment of Demands in the amount of $3,211,972.13.
Agenda Report - Payment of Demands FEB 25 2022 - MAR 10 2022 - Pdf CC 3. Mayor’s Appointments to Intergovernmental Agencies and Covina Board and Commissions
Staff Recommendation:
1. Approve the Mayor’s designation of delegates and alternates to Intergovernmental Agencies and City of Covina Boards & Commissions;
2. Adopt Resolution CC 2022-38 appointing City representatives, Mayor Patricia Cortez as delegate, and Mayor Pro Tem Walter Allen, III, as alternate, to the City Selection Committee;
3. Appoint voting delegate Councilmember Jorge A. Marquez and alternate Mayor Patricia Cortez, to represent the City at the Southern California Association of Governments General Assembly in May 2022.
Agenda Report - Mayor's Appts to Intergovt Agencies and Boards & Comm 2022 - Pdf
CC 4. Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Staff Recommendation:
Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
Agenda Report - AB 361 Findings - Special Brown Act Requirements for Teleconference Mtgs - Pdf
CC 5. Resolution CC 2022-31, Authorizing the Submission of an Application to the California Infrastructure and Economic Development Bank (IBank) for Financing of the Covina Center of the Performing Arts for $2,140,000 and, Authorizing the City Manager Sign all Related Documents
City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
Staff Recommendation:
1. Adopt Resolution CC 2022-31, authorizing the submission of an application to the California Infrastructure and Economic Development Bank (IBank) related to financing for the Covina Center of the Performing Arts in the amount of $2,140,000; and
2. Authorize the City Manager to execute an agreement with the California Infrastructure and Economic Development Bank for all matters pertaining to the Financing Application and all related documents.
Agenda Report - Resolution CC 2022-31 ISRF Borrower Resolution - Pdf CC 6. Application to Obtain Grant Funding Under the High Frequency Communication Equipment (FH) Program
Staff Recommendation:
Adopt Resolution CC 2022-32 authorizing the City Manager or his designee to apply for and execute grant application documents under the High Frequency Communication Equipment (FH) Program.
Agenda Report - Resolution CC 2022-32 FH Program Grant Funding Application - Pdf
CC 7. Covina Recreation Village Project – Award of Contract for Civil Engineering Services to Elie Farah, Inc. in the Amount of $38,050
Staff Recommendation:
1. Award a Contract for Covina Recreation Village Project Civil Engineering Services to Elie Farah, Inc. as the responsible bidder in the amount of $38,050 and authorize the City Manager to execute the Contract; and
2. Establish a 10% contingency allowance of $3,805 for additional services, if needed.
Agenda Report - Covina Rec Village Project – Elie Farah, Inc. Contract for Civil Engineering Svcs - Pdf
CC 8. Resolution CC 2022-36, Amending the Fiscal year 2021-2022 Operating Budget to Establish the Local Early Action Planning Grant (LEAP) Project and Accept and Appropriate $150,000 in Grant Award Funds for Costs Incurred for Project Tasks Staff Recommendation:
Adopt Resolution CC 2022-36, amending the Fiscal Year 2021-22 Operating Budget to accept and appropriate $150,000 in grant reimbursable funds and establish the Local Early Action Planning Grant (LEAP) project for the purpose of facilitating housing development in the City of Covina.
Agenda Report - Resolution CC 2022-36 LEAP - Pdf
CC 9. Award Professional Services Agreement with Fehr & Peers to Prepare the Covina Active Streets and Multimodal Connectivity Plan (CASMCP) Staff Recommendation:
City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
Award Contract for Planning Services to Fehr & Peers to prepare the Covina Active Streets and Multimodal Connectivity Plan (CASMCP), a project awarded to the City of Covina by the California Department of Transportation (Caltrans) through the FY21-22 Sustainable Transportation Planning Grant Program.
Agenda Report - Fehr & Peers Contract to prepare CASMCP - Pdf CC 10. Approval of Side Letter Agreement between the City of Covina and the Police Association of Covina (PAC), Revising the Salary Upon Promotion Provision Staff Recommendation:
Authorize the City Manager to execute the Side Letter Agreement between the City of Covina and the Police Association of Covina (PAC) Bargaining Group, revising Article 10.3.B. Salary Upon Promotion
Agenda Report - PAC Side Letter Agreement - Salary Upon Promotion - Pdf CC 11. Resolution CC 2022-37, Approving the Acceptance of General Fund Grant Funds for the City of Covina Recreation Village Project from the California Natural Resources Agency, and Authorizing the City Manager to Execute the Grant Agreement and all Related Documents, and Designating the City Manager as Agent, and Rescinding Resolution CC 2022-04.
Staff Recommendation:
Adopt Resolution CC 2022-37, approving the acceptance of General Fund Grant Funds for the City of Covina Recreation Village from the California Natural Resources Agency for the City of Covina Recreation Village, and authorizing the City Manager to execute the grant agreement and all related documents, and designating the City Manager as Agent, and rescinding Resolution CC 2022-04.
Agenda Report - Resolutions CC 2022-37 Grant Funds for Covina Rec Village - Pdf CONTINUED PUBLIC HEARINGS - NONE.
PUBLIC HEARINGS
PH 1. Public Hearing and Resolution Establishing the Formation of a Community Facilities District, Community Facilities District No. 2022-1 (Stormwater) Staff Recommendation:
1. Adopt Resolution CC 2022-33 Establishing the Formation of a Community Facilities District; and
2. Adopt Resolution CC 2022-34 Calling a Special Election for a Community Facilities District; and
3. Adopt Resolution CC 2022-35 Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien; and
4. Waive full reading, read by title only, and introduce the first reading Ordinance 22-04, "An Ordinance of the City Council of the City of Covina, California, Authorizing the Levy of Special Taxes in a Community Facilities City Council/CSA/CPFA/CHA Agenda Tuesday April 5, 2022
District - City of Covina Community Facilities District No. 2022-1 (Stormwater)."
Agenda Report - Establishing CFD 2022-1 (Stormwater) - Pdf CONTINUED BUSINESS - NONE.
NEW BUSINESS
NB 1. Ordinance 22-03, Approving an Urgency Ordinance Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones
Staff Recommendation:
Adopt, read by title only, and waive further reading of Urgency Ordinance 22-03, entitled, "An an Urgency Ordinance of the City Council of the City of Covina, California, Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones and Declaring the Urgency Thereof."
Agenda Report - Urgency Ordinance 22-03 SB 9 - Pdf
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, April 19, 2022 at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
The Covina City Clerk’s Office does hereby declare that, in accordance with California Government Code Section 54954.2(a), the agenda for the Tuesday, April 5, 2022, meeting was posted on March 31, 2022, on the City’s website and near the front entrances of: Covina City Hall, 125 East College Street, Covina.
If you challenge in court any discussion or action taken concerning an item on this agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City’s consideration of the item at the meeting.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA, AND SUBMITTED TO THE CITY COUNCIL AFTER PUBLICATION OF THE AGENDA, ARE AVAILABLE TO THE PUBLIC IN THE CITY CLERK’S OFFICE AT 125 E.
COLLEGE STREET, COVINA.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 1 of 4 Tuesday, March 1, 2022 MINUTES OF MARCH 1, 2022
REGULAR MEETING OF THE COVINA CITY COUNCIL/SUCCESSOR AGENCY TO
THE COVINA REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY HELD IN THE COUNCIL CHAMBER OF CITY HALL, 125 EAST COLLEGE STREET, COVINA, CALIFORNIA AND
VIRTUALLY VIA ZOOM
This meeting was conducted in accordance with Assembly Bill 361, regarding the COVID-19 pandemic.
CALL TO ORDER
Mayor Marquez called the Council/Agency/Authority meeting to order at 7:30 p.m. with all Councilmembers present.
ROLL CALL
Councilmembers Present: Walter Allen, III, John C. King, Victor Linares, Mayor Pro Tem/Vice-Chair Patricia Cortez, and Mayor/Chair Jorge A. Marquez.
Councilmembers Absent: None.
Elected Members Present: City Clerk Mary Lou Walczak and City Treasurer Geoffrey Cobbett.
Elected Members Absent: None.
Staff Members Present: City Manager Chris Marcarello, City Attorney Candice K. Lee, Police Chief David Povero, Administrative Services Director Anita Agramonte, Community Development Director Brian Lee, Parks & Recreation/Library Services Director Lisa Evans, Public Works Director Andy Bullington, Deputy City Manager Angel Carrillo, and Chief Deputy City Clerk Nicole Alvarez.
PLEDGE OF ALLEGIANCE
Led by Mayor Marquez
INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro
PRESENTATIONS
A. American Red Cross Month Proclamation
ITEM NO. CC 1
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 4 Tuesday, March 1, 2022 Mayor Marquez read into record a proclamation declaring March 2022 as American Red Cross Month and presented it to Police Chief Povero and Mayor Pro Tem Cortez, representing as a Board Member of the San Gabriel Valley Chapter of the American Red Cross and on behalf of Erica Frausto, Executive Director of American Red Cross San Gabriel Valley Pomona Chapter.
B. San Gabriel River Hinge Replacement Project Presentation A PowerPoint presentation regarding the San Gabriel River Hinge Replacement Project was presented by Jiwanjit Palaha and representatives from Caltrans.
COUNCIL AGENCY AUTHORITY COMMENTS
Councilmember King commented on his attendance at the Charter Oak Youth Baseball and Softball Opening Day.
Councilmember Linares also commented on his attendance at the Charter Oak Youth Baseball and Softball Opening Day and the start of the season.
Mayor Pro Tem Cortez dittoed Councilmember King and Councilmember Linares’ comments and thanked Councilmember Linares for throwing the first pitch at the opening.
Councilmember Allen dittoed Council comments regarding the Charter Oak Youth Baseball and Softball Opening Day. He also commented on his attendance at the Cal Cities Board of Directors meeting which included discussion of Prop 47 regarding public safety. Councilmember Allen also commented on his personal support for the people of Ukraine.
Mayor Marquez commented on attendance at the Homeless Count which included City Council, Supervisor Hilda Solis, LAHSA Executive Director Heidi Marston, and approximately 60 volunteers; and thanked all those who participated in the event.
Mayor Marquez announced the following event:
• Boots, Booze & Boogie - 28th Annual Fundraiser on Saturday, May 14th from 6pm – 10pm at the Covina Woman’s Club hosted by the Covina Sunrise Rotary Club - Celebrating 40 years
CITY MANAGER COMMENTS
City Manager Marcarello shared some good news regarding the tot lot children’s playground area at Covina Park including an anticipated soft opening early next week.
CONSENT CALENDAR
A motion was made by Councilmember Linares, seconded by Councilmember Allen, to approve Consent Calendar items CC 1 – 9, as presented.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 3 of 4 Tuesday, March 1, 2022 Motion approved by roll call vote for Consent Calendar items CC 1 – 9, as follows:
AYES: ALLEN, KING, LINARES, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 1. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the February 15, 2022, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the February 15, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 3. City Council/Successor Agency to the Covina Redevelopment Agency approved the Payment of Demands in the amount of $3,823,334.71.
CC 4. City Council adopted Resolution CC 2022-20, declaring Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes, Community Facilities District No. 2022-1 (Stormwater)
CC 5. City Council received and filed the following reports for Fiscal Year ended June 30, 2021:
• Annual Comprehensive Financial Report (ACFR) and related Auditor Communications
• Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit
CC 6. City Council accepted the work performed by FS Contractors, Inc; and authorized the City Clerk to file a Notice of Completion for the Downtown Trash Enclosure Project for 125 E. College Street.
CC 7. City Clerk accepted the work performed by California Stone Veneer, Inc; and authorized the City Clerk to file a Notice of Completion for the Downtown Civic Center Parking Structure Façade Improvements Project.
CC 8. City Council accepted the work performed by Minako America Corporation, dba Minco Construction, and; authorized the City Clerk to file a Notice of Completion for the Panels Replacement Project Rancho La Merced Reservoir Electrical Upgrade CC 9. City Council adopted Resolution CC 2022-21 requesting the County of Los Angeles to renew the General Services Agreement between the County of Los Angeles and the City of Covina for a five-year period commencing July 1, 2022 through June 30, 2027; and authorized the Mayor, or designee, to execute the attached General Services Agreement between the County of Los Angeles and the City of Covina for the fiveyear period commencing July 1, 2022 through June 30, 2027.
CONTINUED PUBLIC HEARINGS – None.
PUBLIC HEARINGS - None.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 4 of 4 Tuesday, March 1, 2022 CONTINUED BUSINESS - None.
NEW BUSINESS
NB 1. Fiscal Year 2021-22 Mid-Year Budget Update and Adjustments Resolution CC 2022-22
The agenda report and Power Point presentation were presented by Administrative Services Director Agramonte.
Discussion and comments included: response from the Finance Advisory Commission, indications of future financial sustainability, reserves, and thanks to staff for their hard work.
There were no public comments.
A motion was made by Councilmember Allen, seconded by Mayor Pro Tem Cortez, to adopt Resolution CC 2022-22 authorizing Fiscal Year 2021-2022 mid-year budget adjustments; and receive and file the Fiscal Year 2021-22 Mid-Year Budget Update.
Motion approved by roll call vote for New Business item NB 1 as follows:
AYES: ALLEN, KING, LINARES, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC COMMENTS – None. (This was inadvertently taken out of regular agenda order.)
ADJOURNMENT
At 8:24 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority was adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, March 15, 2022, at 6:30 p.m. for closed session and 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
Respectfully Submitted:
__________________________________________
Georgianna Nicole Alvarez, CMC, CPMC
Chief Deputy City Clerk
Approved this 5
th day of April, 2022:
_____________________________________
Patricia Cortez, Mayor/Chair
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: CC Regular Meeting - Apr 05 2022
Title: Payment of Demands
Presented By: Geoffrey Cobbett, City Treasurer
Anita Agramonte, Administrative Services Director
Recommendation: Approve Payment of Demands in the amount of $3,211,972.13.
EXECUTIVE SUMMARY / BACKROUND:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants February 25, 2022 - March 10, 2022 CITY checks/EFTs $ 2,310,429.96
CITY payroll $ 875,219.60
CITY voids $ -
Worker's Comp $ 20,557.84
$ 3,206,207.40
SACRA checks/EFTs $ 1,549.65
SACRA payroll $ 4,215.08
$ 5,764.73
TOTAL checks/EFTs $3,211,972.13
DISCUSSION:
The attached reports have been reviewed by the City Treasurer and by the Administrative Services Director.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 21/22 Adopted Budget.
ATTACHMENTS:
Attachment A - Check Register February 25, 2022 - March 10, 2022 Respectfully submitted,
CITY OF COVINA
Check Register
Feb 25, 2022 - Mar 10, 2022
Check # Check Date Vendor Name Amount
5769 03/03/2022 4160 ICMA RETIREMENT TRUST-IRA 30.00
5770 03/03/2022 1405 ICMA RETIREMENT TRUST-457 4,848.13 5771 03/03/2022 4003 MidAmerica 1,957.07
5772 03/03/2022 2033 NATIONWIDE RETIREMENT SOLUTIONS 13,834.00 5773 01/11/2022 283 BANK OF THE WEST 15,888.08
20494 03/01/2022 487 CalPERS 7,400.76
20495 03/01/2022 487 CalPERS 80,964.32
20498 03/01/2022 487 CalPERS 77,389.10
20499 03/03/2022 788 COVINA, CITY OF 24.90
20500 03/03/2022 789 COVINA-FSA, CITY OF 458.34
204501 03/03/2022 788 COVINA, CITY OF 42,692.93
204502 03/03/2022 789 COVINA-FSA, CITY OF 715.40
subtotal EFT/wires/direct deposits $246,203.03
110019 03/02/2022 4379 789, Inc. 5,376.09
110020 03/02/2022 23 ABORTA BUG INC 125.00
110021 03/02/2022 32 ACE-1 AUTO SERVICE 1,408.31
110022 03/02/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 152.36 110023 03/02/2022 69 AFSCME District Council 36 43.65
110024 03/02/2022 84 AIRGAS-WEST 625.16
110025 03/02/2022 84 AIRGAS-WEST 403.09
110026 03/02/2022 113 ALL CITY MANAGEMENT SVC 16,621.92 110027 03/02/2022 128 ALLIANT INSURANCE SERVICES INC 825.00 110028 03/02/2022 3789 SYNCB/AMAZON 449.00
110029 03/02/2022 219 AT&T 737.79
110030 03/02/2022 260 B & K ELECTRIC WHOLESALE 552.01
110031 03/02/2022 3771 BLACK & WHITE EMERGENCY VEHICLES 100.00 110032 03/02/2022 735 BOBCAT OF LOS ANGELES INC. 984.61 110033 03/02/2022 3929 BOOT BARN INC 300.00
110034 03/02/2022 437 BURRO CANYON ENT INC 100.00
110035 03/02/2022 477 EMPLOYMENT DEVELOPMENT DEPT 16,800.25 110036 03/02/2022 536 CARQUEST AUTO PARTS 143.60
110037 03/02/2022 649 CINTAS CORP #693 805.64
110038 03/02/2022 654 CITRUS CAR WASH 21.99
110039 03/02/2022 5022 Colantuono, Highsmith & Whatley, PC 231.21 110040 03/02/2022 696 COLBURN, MICHAEL 172.63
110041 03/02/2022 730 CONTEMPORARY INFO CORP 14.00
110042 03/02/2022 749 THE COUNSELING TEAM 300.00
110043 03/02/2022 783 CITY OF COVINA WATER 62.55
110044 03/02/2022 4960 Data Ticket, Inc. 212.50
110045 03/02/2022 894 DF POLYGRAPH 175.00
110046 03/02/2022 4886 DG Collision LLC 1,015.99
110047 03/02/2022 970 EDISON CO 28,135.78
110048 03/02/2022 4332 ERIC ARROYO 1,200.00
110049 03/02/2022 1055 FEDEX 20.41
110050 03/02/2022 4713 Fisher Integrated, Inc. 1,200.00 110051 03/02/2022 4455 FRONTIER 88.98
110052 03/02/2022 1156 THE GAS COMPANY 101.20
110053 03/02/2022 3901 GEM AUTO REPAIR 629.81
110054 03/02/2022 4883 Glendora Employment Agency, Inc 1,939.63
CITY OF COVINA
Check Register
Feb 25, 2022 - Mar 10, 2022
Check # Check Date Vendor Name Amount
110055 03/02/2022 1198 GLOBALSTAR LLC 87.18
110056 03/02/2022 4432 GONZALEZ GOODALE ARCHITECTS 9,500.00 110057 03/02/2022 1235 GRAINGER 2,009.29
110058 03/02/2022 1241 GRAND PRINTING 521.48
110059 03/02/2022 4996 Green Giant Landscape, Inc. 121,365.70 110060 03/02/2022 4676 Hill Brothers Chemical Company 1,004.42 110061 03/02/2022 5199 HOLIDAYGOO, INC 752.99
110062 03/02/2022 1361 HOLLIDAY ROCK CO INC 1,003.27
110063 03/02/2022 1371 HOSE MAN INC, THE 33.71
110064 03/02/2022 4925 Humane Society of Pomona Valley, Inc. 28,542.50 110065 03/02/2022 3988 LANDSCAPE WAREHOUSE III 817.90
110066 03/02/2022 1410 IIMC 215.00
110067 03/02/2022 1429 INLAND EMPIRE STAGES 1,090.77
110068 03/02/2022 1463 J.G. TUCKER AND SON 265.76
110069 03/02/2022 1531 JW LOCK CO INC 52.42
110070 03/02/2022 1596 KUSTOM SIGNALS INC 13,074.45
110071 03/02/2022 1615 REGIONAL TAP SERVICE CENTER 100.00 110072 03/02/2022 1619 LA CNTY SHERIFF'S DEPT 207.29
110073 03/02/2022 1619 LA CNTY SHERIFF'S DEPT 326.06
110074 03/02/2022 1646 LANGUAGE LINE SERVICES INC 95.88 110075 03/02/2022 1663 LAW ENFORCEMENT MEDICAL 1,460.00 110076 03/02/2022 1673 LAWSON PRODUCTS INC 1,252.76
110077 03/02/2022 3795 PRE-PAID LEGAL SERVICES, INC 26.90 110078 03/02/2022 1707 LIEBERT CASSIDY WHITMORE 5,830.30 110079 03/02/2022 4874 MARIA E. VELOSCO BEDRAN 2,960.10 110080 03/02/2022 1858 MCMASTER CARR SUPPLY CO 101.53
110081 03/02/2022 4833 Michael R. Hillmann 5,980.00
110082 03/02/2022 1933 MISSION LINEN SUPPLY 37.84
110083 03/02/2022 2027 NAPA AUTO PARTS 24.94
110084 03/02/2022 4462 NARTEC INC 104.46
110085 03/02/2022 2091 O REILLY AUTO PARTS 496.96
110086 03/02/2022 4824 Occu-Med, Ltd. 1,616.00
110087 03/02/2022 5169 Occupational Health Centers of California 355.00 110088 03/02/2022 2104 OFFICE DEPOT 538.00
110089 03/02/2022 99999 CHRIS MARCARELLO 1,058.36
110090 03/02/2022 99999 DERYCK WONG 80.00
110091 03/02/2022 99999 INTERNATIONAL IND 67.53
110092 03/02/2022 99999 JAMES MOYA 80.00
110093 03/02/2022 99999 JANE CLINGER 60.00
110094 03/02/2022 99999 JESSICA CARDENAS 77.37
110095 03/02/2022 99999 LUIS LEE 3,800.00
110096 03/02/2022 99999 MIKE CENTERS 134.61
110097 03/02/2022 99999 MIKE NIGOLIAN 35.22
110098 03/02/2022 99999 REINALDO RIVERA 110.00
110099 03/02/2022 99999 ROBERTO ROSAS 30.00
110100 03/02/2022 99999 ROSALYN CHHENG 160.00
110101 03/02/2022 99999 SOFIA CHACON 62.02
110102 03/02/2022 4024 PERFORMANCE TRUCK REPAIR INC 6,820.24 110103 03/02/2022 5112 Procure America, Inc 609.24
CITY OF COVINA
Check Register
Feb 25, 2022 - Mar 10, 2022
Check # Check Date Vendor Name Amount
110104 03/02/2022 5166 Project 29:11, A Community Development Corp. 2,272.36 110105 03/02/2022 2345 QUILL 515.13
110106 03/02/2022 2388 RC FIRE PROTECTION 431.22
110107 03/02/2022 2407 REGIONAL TAP SERVICE CENTER 465.60 110108 03/02/2022 2415 REPUBLIC MASTER CHEFS 518.28
110109 03/02/2022 3796 RICHARDS, WATSON & GERSHON 1,801.80 110110 03/02/2022 4350 RKA Consulting Group 5,566.00
110113 03/02/2022 4704 S & J Supply Company, Inc. 3,916.29 110114 03/02/2022 5109 SITEREP CONSTRUCTION SERVICES, INC. 25,000.00 110115 03/02/2022 2689 SNAP ON TOOLS 1,499.01
110116 03/02/2022 2736 STAPLES BUSINESS ADVANTAGE 231.83 110117 03/02/2022 2737 STAPLES INC 827.37
110118 03/02/2022 5117 Steam It All LLC 550.00
110119 03/02/2022 2752 STEPHEN DORECK EQUIPMENT RENTALS INC 382,072.90 110120 03/02/2022 4738 Support Solutions, Inc. 2,851.41 110121 03/02/2022 2855 TIME WARNER CABLE 498.85
110122 03/02/2022 4764 UniFirst Corporation 1,380.89
110123 03/02/2022 4247 UNITED WATER WORKS INC 5,330.53
110124 03/02/2022 2958 USPS - POC ACCOUNT #8098154 352.43 110125 03/02/2022 4065 VERIZON WIRELESS 2,768.96
110126 03/02/2022 3023 VULCAN MATERIALS COMPANY 1,293.70 110127 03/02/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY 66.75 110128 03/02/2022 3052 WATERLINE TECHNOLOGIES INC 3,916.31 110129 03/02/2022 3621 WAXIE ENTERPRISES INC 536.81
110130 03/02/2022 3070 WEST COAST ARBORISTS INC 9,793.00 110131 03/02/2022 3080 WESTERN EMULSIONS INC 487.33
110132 03/02/2022 3274 WILLDAN ENGINEERING 30,000.00
110133 03/02/2022 3137 Y TIRE SALES 2,298.67
110134 03/02/2022 3152 YWCA 3,617.59
110135 03/03/2022 5201 ERIKA VEJAR, GUARDIAN AD LITEM FOR TRISTAN OCHOA 20,000.00 110136 03/03/2022 5201 CARLOS OCHOA PINTO AND HIS ATTORNEY OF RECORD 180,000.00 110137 03/03/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,099.68 110138 03/03/2022 69 AFSCME District Council 36 698.56
110139 03/03/2022 3846 CLEA 796.25
110140 03/03/2022 775 COVINA POLICE ASSOCIATION 2,950.00 110141 03/03/2022 878 DELTA DENTAL OF CALIFORNIA 8,175.34 110142 03/03/2022 4710 Fidelity Security Life Insurance Company 898.39 110143 03/03/2022 1247 GREAT WEST LIFE & ANNUITY 4,042.00 110144 03/03/2022 3795 PRE-PAID LEGAL SERVICES, INC 139.52 110145 03/03/2022 2235 PERS LONG TERM CARE PROGRAM 191.04 110146 03/03/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,149.15 110147 03/03/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY 33.38 110148 03/09/2022 4983 Ad Valorem Records,Inc. 4,332.41 110149 03/09/2022 5000 Advanced Applied Engineering, Inc. 3,685.84 110150 03/09/2022 51 ADVANCED BATTERY SYSTEMS 1,005.01
110151 03/09/2022 4765 Advanced Microcomputing Concepts, Inc. 2,735.31 110152 03/09/2022 5075 Amalia Q. Seresinghe 1,215.20
110153 03/09/2022 219 AT&T 782.93
110154 03/09/2022 219 AT&T 46.84
CITY OF COVINA
Check Register
Feb 25, 2022 - Mar 10, 2022
Check # Check Date Vendor Name Amount
110155 03/09/2022 430 BUILDING ELECTRONIC CONTROLS 480.00 110156 03/09/2022 486 CALIFORNIA PRODUCT STEWARDSHIP COUNCIL 1,000.00 110157 03/09/2022 5192 CALIFORNIA STONE VENEER, INC 39,501.00 110158 03/09/2022 536 CARQUEST AUTO PARTS 190.12
110159 03/09/2022 617 CHARTER OAK GYMNASTICS INC 1,159.68 110160 03/09/2022 649 CINTAS CORP #693 280.46
110161 03/09/2022 4714 CIR, Inc. 14,388.75
110162 03/09/2022 682 CLINICAL LAB OF SAN BERNARDINO 465.00 110163 03/09/2022 700 COLLEY FORD 1,236.09
110164 03/09/2022 703 COMBINED GRAPHICS 125.69
110165 03/09/2022 3235 COOK, SHAWNA 351.30
110166 03/09/2022 766 COVINA DISPOSAL CO 111.92
110167 03/09/2022 3982 CAROL A CUGNO 275.10
110168 03/09/2022 849 DAPEER ROSENBLIT & LITVAK LLP 8,768.69 110169 03/09/2022 3701 DEPARTMENT OF JUSTICE 226.00
110170 03/09/2022 4886 DG Collision LLC 575.54
110171 03/09/2022 970 EDISON CO 43,199.86
110172 03/09/2022 4885 ELIE FARAH 4,890.00
110173 03/09/2022 4977 Enterprise FM Trust 4,233.02
110174 03/09/2022 4246 FERGUSON WATERWORKS #1083 9,327.54 110175 03/09/2022 3911 FACTORY MOTOR PARTS 58.34
110176 03/09/2022 4455 FRONTIER 1,304.45
110177 03/09/2022 1156 THE GAS COMPANY 244.67
110178 03/09/2022 4338 ROBERT GOKOO 8,695.05
110179 03/09/2022 1204 GOLDEN STATE WATER COMPANY 730.83 110180 03/09/2022 1215 GONZALES, RICHARD 235.20
110181 03/09/2022 1235 GRAINGER 142.24
110182 03/09/2022 1275 HAAKER EQUIPMENT CO 1,217.85
110183 03/09/2022 1387 HUNTER, JOHN L. 23,013.00
110184 03/09/2022 3988 LANDSCAPE WAREHOUSE III 542.84
110185 03/09/2022 4077 INTERWEST CONSULTING GROUP INC 272.50 110186 03/09/2022 4077 INTERWEST CONSULTING GROUP INC 12,740.00 110187 03/09/2022 1463 J.G. TUCKER AND SON 350.45
110188 03/09/2022 3749 JCL BARRICADE COMPANY 10,620.05
110189 03/09/2022 3751 KELLY ASSOCIATES MANAGEMENT GROUP 958.75 110190 03/09/2022 1614 LA CNTY FIRE DEPARTMENT 592,901.60 110191 03/09/2022 1617 LA CNTY REGISTRAR RECORDER 190.00 110192 03/09/2022 1633 LACPCA 500.00
110193 03/09/2022 1694 LEWIS ENGRAVING INC 66.15
110194 03/09/2022 1745 LOS ANGELES TRUCK CENTER, LLC 887.02 110195 03/09/2022 4587 Lynden J. & Associates, Inc. 1,648.40 110196 03/09/2022 3932 ARLENE D. MAR 162.40
110197 03/09/2022 4089 MEASOM, DEVIN THOMAS 716.80
110198 03/09/2022 4717 Merchants Landscape Services, Inc. 20,444.38 110199 03/09/2022 1895 MERRIMAC ENERGY GROUP 34,196.52
110200 03/09/2022 5122 Montenegro Consultants Inc 55,000.00 110201 03/09/2022 3718 NADENE VALDEZ 121.26
110202 03/09/2022 2027 NAPA AUTO PARTS 66.66
110203 03/09/2022 2091 O REILLY AUTO PARTS 107.22
CITY OF COVINA
Check Register
Feb 25, 2022 - Mar 10, 2022
Check # Check Date Vendor Name Amount
110204 03/09/2022 2104 OFFICE DEPOT 20.93
110205 03/09/2022 99999 ALEX LAM 18.89
110206 03/09/2022 99999 ANNE MARIE SMITH 69.76
110207 03/09/2022 99999 CA PERMITS 123.86
110208 03/09/2022 99999 HUGO GUERRERO 423.18
110209 03/09/2022 99999 IVAN GONZALEZ 490.00
110210 03/09/2022 99999 JENNIFER LOPICCOLO 132.43
110211 03/09/2022 99999 ROBERT POIRIER 140.00
110212 03/09/2022 4535 OSWALDO MONROY 6,749.40
110213 03/09/2022 4814 PTM General Engineering Services, Inc. 92,460.41 110214 03/09/2022 3796 RICHARDS, WATSON & GERSHON 8,208.20 110215 03/09/2022 2442 RIMKUS CONSULTING GROUP 5,803.00 110216 03/09/2022 2487 RSG, Inc. 6,657.50
110217 03/09/2022 4738 Support Solutions, Inc. 3,282.41 110218 03/09/2022 2818 GABE BF VAN LEEUWEN 55.30
110219 03/09/2022 2846 THOMAS, TERRI 1,075.98
110220 03/09/2022 2855 CHARTER COMMUNICATION 380.80
110221 03/09/2022 2913 TT TECHNOLOGIES INC 3,152.61
110222 03/09/2022 2935 UNDERGROUND SERVICE ALERT 73.96
110223 03/09/2022 4764 UniFirst Corporation 408.59
110224 03/09/2022 4247 UNITED WATER WORKS INC 358.96
110225 03/09/2022 2954 URBAN GRAFFITI ENTERPRISES INC 7,200.00 110226 03/09/2022 2955 US BANK 1,000.00
110227 03/09/2022 3004 VICTORY EXTERMINATING INC 65.00
110228 03/09/2022 4804 Vihulu L. Villagran 280.34
110229 03/09/2022 3187 WAGONER, PAMELA 276.20
110111 03/02/2022 5201 ERIKA VEJAR, GUARDIAN AD LITEM FOR TRISTAN OCHOA 0.00 110112 03/02/2022 5201 CARLOS OCHOA PINTO AND HIS ATTORNEY OF RECORD 0.00 subtotal checks $ 2,065,776.58
voids (prior to current mo.) $ -
payroll (03/03/2022) $ 879,434.68
workers' compensation $ 20,557.84
TOTAL checks/EFTs $3,211,972.13
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: CC Regular Meeting - Apr 05 2022
Title: Mayor’s Appointments to Intergovernmental Agencies and Covina Board and Commissions
Presented By: Angel Carrillo, Deputy City Manager
Recommendation: 1. Approve the Mayor’s designation of delegates and alternates to Intergovernmental Agencies and City of Covina Boards & Commissions;
2. Adopt Resolution CC 2022-38 appointing City representatives, Mayor Patricia Cortez as delegate, and Mayor Pro Tem Walter Allen, III, as alternate, to the City Selection Committee;
3. Appoint voting delegate Councilmember Jorge A. Marquez and alternate Mayor Patricia Cortez, to represent the City at the Southern California Association of Governments General Assembly in May 2022.
EXECUTIVE SUMMARY / BACKROUND:
With each election and/or reorganization of the City Council, appointments are made by the Mayor to various organizations in which the City has membership or participates as a liaison.
DISCUSSION:
Mayor's Appointments to Intergovernmental Agencies and Covina Boards & Commissions Attachment A to this staff report is the list of appointments made by Mayor Cortez, which include but are not limited to the following organizations:
• Sanitation Districts of Los Angeles County
• Foothill Transit Zone
• Independent Cities Association
• League of California Cities*
• San Gabriel Valley Council of Governments (COG)
• San Gabriel Valley Mosquito and Vector Control District • San Gabriel Valley Water Association
• Southern California Association of Governments
• City Selection Committee*
* Historically, the delegate and alternate of these organizations are the same as the meetings are held concurrently with other general membership meetings.
City Selection Committee
The Los Angeles County City Selection Committee’s duties are to appoint City representatives to such Boards, Commissions, and Agencies as may be required by law, i.e., the Local Agency Formation Commission (LAFCO); the Metropolitan Transportation Authority (MTA); and the South Coast Air Quality Management District, Eastern Region (SCAQMD).
Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the Los Angeles County City Selection Committee coincides with the City Mayoral terms, and the Committee meets three of four times a year, at the call of the Chairman.
Los Angeles County requires that cities approve appointments to the City Selection Committee via resolution.
Therefore, it is recommended that City Council adopt Resolution CC 2022-38 (Attachment B) appointing Mayor Patricia Cortez (delegate) and Mayor Pro Tem Walter Allen, III (alternate) to the City Selection Committee.
Southern California Association of Governments (SCAG) General Assembly The Regional Conference and General Assembly of SCAG will take place on Thursday, May 5, 2022, in Palm Desert, CA. The City Council must designate a City Council delegate and alternate voting member to represent the City at the General Assembly meeting. Mayor Cortez has appointed Councilmember Jorge A. Marquez as the delegate and she will be the alternate. Attendees of the General Assembly are required to file a Form 700 combined statement (assuming and leaving office) with the date of the General Assembly to be filed after the meeting.
FISCAL IMPACT:
Funding for necessary travel expenses has been authorized and budgeted in the City Council Conferences as Travel Account #1010-0010-53200.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
ATTACHMENTS:
Attachment A - 2022 Mayor's Appts to Intergov Agencies and Boards & Comm Attachment B - Resolution CC 2022-38
Respectfully submitted,
CITY OF COVINA
MAYOR'S APPOINTMENTS TO INTERGOVERNMENTAL AGENCIES
April 5, 2022
AGENCY DELEGATE ALTERNATE MEETING DAYS & TIMES STIPEND Notes Sanitation Districts of Los
Angeles County
19555 Workman Mill Road
Whittier, CA 90607
562-908-4288
[email protected]
Cortez Allen 4
th Wednesday, Every Month at
1:30 pm, District Offices
Kimberly Christensen, Secretary to
Board
$125
Per mtg
*Mayor must be
Delegate; any
Councilmember
may be Alternate
*700 Form
Required
Foothill Transit
100 S. Vincent Ave, Ste 200
West Covina, CA 91790
626-931-7300 ext. 0
626-931-7304, Board Secretary
King Cortez Last Friday of each month at 7:45
am, except for Feb and Nov
Annual meeting is in May
Doran Barnes, CEO
[email protected]
$176
Per mtg
*700 Form
Required
Independent Cities Association
PO Box 39381
Downey, CA 90239
310-486-7555
[email protected]
Linares Allen 2
nd Thursday, Every Month Except
August at 7 pm
Marcel Rodarte, Business
Manager
n/a
League of California Cities
LA County Division
1400 K Street, Suite 400
Sacramento, CA 95814
626-786-5142
Allen Cortez 1
st Thursday of January, March, &
June (& as needed) at 6:30 pm
(various locations)
Jennifer Quan, Executive Director
[email protected]
n/a *Walt is Chair of
the League’s
Public Safety
Committee
San Gabriel Valley Council of
Governments (SGV COG)
1000 S. Fremont Ave. Unit #42
Alhambra, CA 91803
626-457-1800
[email protected]
Cortez Linares 3
rd Thursday, Every Month at 4 pm
Foothill Transit Office
100 S Vincent Ave, Ste 200
West Covina, CA 91790
Marisa Creter, Executive Director
Currently, meetings are virtual.
$75
Per mtg
*700 Form
Required
San Gabriel Valley Mosquito &
Vector Control District
1145 N. Azusa Canyon Road
West Covina, CA 91790
626-814-9466
Vacant 2
nd Friday, Every Month at 7 am
Jarrod Dever, District Manager
n/a
SGV Water Association
(Watermaster)
725 N. Azusa Avenue
Azusa, CA 91702
626-815-1300
www.sgvwa.org
www.Watermaster.org
King Linares 1
st Wednesday, Every Month at
2:30 pm at San Gabriel Basin
Watermaster
Arrica Jimenez, Administration
Manager
[email protected]
n/a
Southern California Association
of Governments (SCAG)
900 Wilshire Blvd. Ste 1700
Los Angeles, CA 90017
213-630-1420
Marquez Cortez Annual/When Called
Kome Ajise, Executive Director
[email protected]
[email protected]
n/a *700 Form
Required for
committee
members only
City Selection Committee &
LAFCO
LA County Commission Services
Hall of Administration
500 W. Temple Street, Rm B50
Los Angeles, CA 90012
213-974-1411
Cortez Allen When Called (Held in conjunction
w/League Meetings)
Lori Glasgow, Executive Officer
[email protected]
n/a *Mayor must be
Delegate; any
Councilmember
may be Alternate
CITY OF COVINA
MAYOR'S APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES April 5, 2022
COUNCIL LIAISON TO BOARDS, COMMISSIONS, COMMITTEES
Community Recognition Committee – King/Allen
Finance Advisory Commission – Cortez/King
Library Board of Trustees –Marquez/King
(Library Community Room—6:30 pm/3rd Wednesday each month)
Planning Commission – Linares/Cortez
(Council Chambers @ 7:00 p.m. 2nd & 4th Tuesday each month) Traffic and Parking Advisory Commission –Marquez/Linares Youth Accountability Board –King/Linares
(Quarterly —check agenda for time and location)
City Auditors Committee –Allen/Marquez
(Meets twice a year with the City Auditors)
Covina Chamber of Commerce – Linares/King
Covina Concert Band – Allen/King
(Recreation Hall at Covina Park @ 9:00 a.m. on the 3rd Saturday of odd months, Jan. March, May, July, Sept., Nov.) Council Committee -- Policy Development Assignments
(Policy development assignments may occur throughout the year as needed) Code Enforcement – Cortez/Allen
Parks & Recreation – King/Marquez
Planning – Cortez/Linares
Public Library – King/Cortez
Seniors – Allen/Marquez
RESOLUTION CC 2022-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPOINTING THE DELEGATE AND ALTERNATE CITY
REPRESENTATIVES ON THE CITY SELECTION COMMITTEE
WHEREAS, with each election and/or reorganization of the City Council, appointments are made by the Mayor of City representatives (Councilmembers) to various organizations in which the City has membership or participates as a liaison.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Mayor Patricia Cortez shall be the City of Covina delegate representative to the City Selection Committee and as such is entitled to participate in all meetings of that Committee on behalf of the City.
SECTION 2. Mayor Pro Tem Walter Allen, III, shall be the City of Covina alternate representative to the City Selection Committee and as such is entitled to participate in all meetings of that Committee in the absence of the City's representative.
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.
SECTION 4. The City Clerk is hereby directed to forward a copy of this resolution to the County of Los Angeles, Board Operations, Commission Services; and the League of California Cities, Los Angeles County Division.
APPROVED and PASSED this 5
th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
Resolution CC 2022-38 Page 2 of 2
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-38 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of April, 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
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: CC Regular Meeting - Apr 05 2022
Title: Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Presented By: Chris Marcarello, City Manager
Recommendation: Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
EXECUTIVE SUMMARY:
This item is on the agenda so that the City Council and the other legislative bodies of the City, including the Successor Agency to the Covina Redevelopment Agency, the Covina Public Financing Authority, the Covina Housing Authority, the Planning Commission, the Parks and Recreation Commission, the Traffic and Parking Advisory Commission, the Finance Advisory Commission and the Library Board of Trustees (collectively “City’s Other Legislative Bodies”) may meet virtually pursuant to Assembly Bill (“AB”) 361’s special Brown Act requirements for teleconference meetings. These special requirements give local public agencies greater flexibility to conduct teleconference meetings when there is a declared state of emergency and either social distancing is mandated or recommended, or when the legislative body determines an in-person meeting would present imminent risks to the health and safety of attendees.
BACKGROUND:
On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021.
On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, the Governor signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024.
An agency may hold a public meeting under AB 361 under certain specified circumstances, including if it is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. As discussed below, the declared emergency is still in effect and Los Angeles County officials recommend measures to promote social distancing.
In order for a local public agency to continue to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, the legislative body must find that such emergency continues to directly impact the ability of the legislative body’s members to meet in person.
Alternatively, for the second finding, the legislative body must find that state or local officials continue to impose or recommend social distancing measures. These findings must be made again within 30 days and on a monthly basis thereafter. The City Council last made these findings on March 15, 2022.
DISCUSSION:
The City Council and the City’s Other Legislative Bodies have met remotely or in a hybrid meeting format throughout the pandemic to protect the health and safety of the public and staff pursuant to these requirements.
The factual circumstances exist for the City to hold meetings pursuant to AB 361. The declared emergency is still in effect. Furthermore, Los Angeles County officials recommend measures to promote social distancing.
The Los Angeles County Department of Public Health Order Responding Together at Work and in the Community recommends physical distancing. The County Health Department encourages people at risk for severe illness or death from COVID-19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing and that people maintain physical distancing to prevent COVID transmission in public settings. See http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferReturnWorkCommunity.pdf and http://publichealth.lacounty.gov/acd/ncorona2019/docs/PreventionPublicSettings.pdf.
Therefore, staff recommends the City Council approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to be conducted remotely in accordance with AB 361 and subject to the special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state or local officials continue to recommend measures to promote social distancing.
If the Council makes the findings and confirms that the City's Legislative Bodies will be meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, the City Council should make these findings again within 30 days to continue to be subject to the AB 361 special Brown Act requirements.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: CC Regular Meeting - Apr 05 2022
Title: Resolution CC 2022-31, Authorizing the Submission of an Application to the California Infrastructure and Economic Development Bank (IBank) for Financing of the Covina Center of the Performing Arts for $2,140,000 and, Authorizing the City Manager Sign all Related Documents
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Adopt Resolution CC 2022-31, authorizing the submission of an application to the California Infrastructure and Economic Development Bank (IBank) related to financing for the Covina Center of the Performing Arts in the amount of $2,140,000; and
2. Authorize the City Manager to execute an agreement with the California Infrastructure and Economic Development Bank for all matters pertaining to the Financing Application and all related documents.
EXECUTIVE SUMMARY:
On September 23, 2021, Governor Gavin Newsom approved SB 170, which amended the Budget Act of 2021 and included additional appropriations to cities for designated projects. California State Senator Susan Rubio of the 22nd District was able to secure $3 million dollars within these appropriations to help the City acquire the Covina Center for the Performing Arts and preserve its cultural significance for the community. As proposed, this State appropriation would be supplemented with $1.1 million of Federal American Rescue Plan Act (ARPA) funds, and result in a $2.14 million gap to complete the property's acquisition.
After reviewing various financing alternatives, it is recommended that the City Council consider pursuing a funding opportunity through the California Infrastructure and Economic Development Bank (IBank) to finance the remaining cost of the theater. The proposed action is the first phase of the IBank financing process, which is expected to take several months to complete. Following the IBank's review of the City's application, the proposed financing terms and structure would be presented for the Council's consideration prior to moving forward.
BACKGROUND:
The California Infrastructure and Economic Development Bank (IBank) was created in 1994 to finance public infrastructure and private development that promote a healthy climate for jobs, contribute to a strong economy and improve the quality of life in California communities. IBank has broad authority to issue tax-exempt and taxable revenue bonds, provide financing to public agencies and leverage State and Federal funds. IBank has a mission to provide financial assistance and support infrastructure and economic development in California. The City will submit an application to IBank to apply for an Infrastructure State Revolving Fund Program (ISRF) loan to purchase the Covina Center of the Performing Arts.
The Covina Center for the Performing Arts (CCPA) has historically been a critical economic element of downtown Covina, as well as the overall Covina community. As a result of the COVID-19 pandemic, CCPA business activities drastically declined. The current owner/operator of the theater marketed the property for sale in 2020 and the City engaged in discussions to ensure its continued use as performing arts venue and valuable attraction for the community. As contemplated, following acquisition, the City would enter into an agreement with an experienced performing arts operator that would be responsible for operations, programming and management of the facility.
DISCUSSION:
Based on a recent appraisal, the proposed total purchase price for the Covina Center of the Performing Arts is $6,240,000. The City has identified $4,100,000 in funding sources (State grant and Federal funds), leaving a $2,140,000 gap to complete the proposed property acquisition. After evaluating different gap financing alternatives, the Department of Community Development recommends applying for an Infrastructure State Revolving Fund Program (ISRF) loan through IBank. The ISRF provides low-cost public financing to state and local government entities, including collateralized alternatives to pursue lease-lease back financing structures.
To move forward with the submission of the application to IBank, the City Council must approve the financing application in the amount of $2,140,000, and adopt Resolution CC 2022-31. This action will approve submission of the loan application and the application is reviewed by the IBank Board. Following its review, finalized interest rates, structure and terms are provided to the City for further consideration.
FISCAL IMPACT:
Acceptance of this loan would provide needed gap financing towards the acquisition of the Center of the Performing Arts. As anticipated, debt service would be repaid over a twenty (20) years period using revenues generated by a future theater operator or the general fund. Finalized financing terms and structure will be provided to the Council once they are received from the IBank.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The project is exempt under CEQA guidelines pursuant to Section 15061 (b) (3) of the CEQA guidelines, since it can be seen with certainty that the acquisition of land will not have a significant effect on the environment; thus, the activity is not subject to CEQA. The purchase of real property will have no effect on the environment, since the action will only entail the change in the property's ownership and the transfer of the deed.
ATTACHMENTS:
Attachment A - Resolution CC 2022-31 ISRF Borrower Resolution Respectfully submitted,
RESOLUTION CC 2022-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND
ECONOMIC DEVELOPMENT BANK (“IBANK”) FOR FINANCING A
CAPITAL IMPROVEMENT PROJECT, AUTHORIZING THE
INCURRING OF AN OBLIGATION PAYABLE TO IBANK FOR THE
FINANCING OF A CAPITAL IMPROVEMENT PROJECT IF IBANK
APPROVES SAID APPLICATION, DECLARATION OF OFFICIAL
INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM THE
PROCEEDS OF AN OBLIGATION, AND APPROVING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of eligible projects in accordance with Section 63000 et seq. of the California Government Code (the “Act”); and
WHEREAS, IBank created the Infrastructure State Revolving Fund Program (“ISRF Program”) pursuant to the provision of the Act; and
WHEREAS, IBank has instituted an application process for financing under its ISRF Program; and
WHEREAS, IBank’s Criteria, Priorities and Guidelines for the Selection of Projects for Financing under the ISRF Program, dated February 23, 2016, and as may thereafter be amended from time to time (the “Criteria”), establishes requirements for the financing of projects under the ISRF Program; and
WHEREAS, the City of Covina (“Applicant”) desires to submit an application (“Financing Application”) to IBank under the ISRF Program for financing and refinancing the costs of the Covina Center of the Performing Arts (“Project”) in an amount not to exceed $2,140,000; and
WHEREAS, the Act and the Criteria require the Applicant to make, by resolution of its governing body, certain findings prior to a project being selected for financing by IBank; and WHEREAS, the Applicant expects to incur or pay certain expenditures in connection with the Project from its General Fund that are reimbursable with the proceeds of tax exempt bonds or other tax exempt securities under Federal Tax Law (defined below) prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long-term basis (the “Reimbursement Expenditures”); and
WHEREAS, the Applicant reasonably expects that a financing arrangement (“Obligation”) in an amount not expected to exceed $2,140,000 will be entered into under and memorialized by one or more financing agreements and related documents (collectively, the “Financing Agreement”) and that certain proceeds of such Obligation will be used to reimburse
Resolution CC 2022-31 Page 2 of 5
the Applicant for Reimbursement Expenditures incurred or paid prior to incurring the Obligation; and
WHEREAS, the Applicant acknowledges that IBank funds the ISRF Program, in part, with the proceeds of tax exempt bonds and, as such, has certain compliance obligations that may require it to have the Applicant enter into one or more new financing agreements to replace the Financing Agreement (collectively, the “Replacement Agreement”) on terms and conditions substantially identical to the original Financing Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Covina City Council hereby approves confirms, ratifies, and affirms all actions of the Applicant’s representatives, employees and officers heretofore taken in connection with, or with respect to, submitting the Financing Application, and the consideration and approval of the Obligation and the Financing Agreement, if IBank approves the Financing Application and the Obligation, and in connection therewith the Covina City Council finds and certifies:
a. The Project facilitates the effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources; in that the proposed Project is the purchase of an existing theater facility, Covina Center for the Performing Arts (“Covina Theater”) located in downtown Covina. The Covina Theater is a long-standing theater facility that historically has been integral to the socio-economic fabric of the Covina community from the early 1900’s. During the early 2000’s significant private financial investment was made to transition the Covina Theater from a movie theater facility to a “community theater”/live performance venue. The transition of the Covina Theater to become a live performance venue continued the Covina Theater being a significant socioeconomic asset to the Covina community. The purchase of the Covina Theater by the City of Covina would ensure the Covina Theater venue would continue to operate in a manner to continue as an entertainment venue for the Covina community, as well as providing a prominent destination feature for the ongoing economic development of Covina.
b. The Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities; in that the Project entails the acquisition of the Covina Theater facility by the City of Covina, which is a prominent and historically significant entertainment venue located in downtown Covina. The purchase of the Covina Theater venue by the City of Covina would ensure that the Covina Theater will continue to operate as an entertainment venue that would be open to the public. In addition to providing employment opportunities directly associated with the Covina Theater operations, the Covina Theater is a “destination” venue, that attracts patrons from the region to visit Covina, and thereby creating important opportunities for other businesses within downtown Covina, and the surrounding area, to attract customers.
c. That the Project is consistent with the General Plan of the City of Covina; in that the Covina Theater is an existing entertainment venue located in downtown Covina. The Covina General Plan Land Use designation for downtown Covina is “Town Center
Resolution CC 2022-31 Page 3 of 5
Commercial” which provides for specialized commercial and general retail uses. The zoning designation for the Project is “Covina Town Center Specific Plan” and the Covina Theater facility is located within the “Historic Core” district of the “Covina Town Center Specific Plan”. The General Plan Land Use designation and the zoning classification allows for the Covina Theater facility, and therefore is consistent with both the Covina General Plan and the Covina Zoning Code. d. The proposed financing is appropriate for the Project; in that the State of California IBank loan would provide the approximate $2,140,000 gap funding to facilitate the purchase of the Covina Theater facility. The IBank loan would provide the remaining funding source to facilitate the City of Covina’s purchase of the Covina Theater venue in order to ensure that the Covina Theater remains as an integral entertainment destination in downtown Covina and continue as an important economic asset for Covina.
e. The Project is consistent with the Criteria; in that the purchase by the City of Covina of the Covina Theater facility meets the definition of an “Economic Expansion Project” pursuant to Section 18, Educational, Cultural and Social facility of the “Criteria, Priorities and Guidelines for the Selection of Projects for Financing Under the Infrastructure State Revolving Fund (ISRF) Program”. The Covina Theater venue would continue to be utilized and made available to the Covina community for cultural, recreational, community, and educational purposes. f. The Project has been evaluated and is determined to (i) not have a negative impact upon California’s land resources in that the Project consists of the purchase of an existing entertainment facility located in downtown Covina known as the Covina Theater, which has operated as an entertainment venue within the Covina community since the early 1900’s and upon the acquisition of the Covina Theater by the City of Covina, will ensure the continued operation as an entertainment and cultural venue for the citizens and visitors to Covina; (ii) the Project is economically and socially desirable for the Covina community in that the Covina Theater has been historically an integral economic and social venue located within the downtown district of Covina; and, (iii) the Project is consistent with, and in furtherance of the State of California’s Governor’s Environmental Goals and Policy Report as defined in the Criteria (“A Strategy for California @ 50 Million”) in that the purchase by the City of Covina of the Covina Theater be consistent with the following:
• Reduce land consumed for development – in that the Covina Theater is an existing entertainment and cultural venue located within downtown Covina, and would not result in new development of undeveloped property; Reduce vehicle miles traveled per capita – in that the Covina Theater facility currently exists and has existed since the approximate early 1900’s and would not add a new venue or development that would result in new vehicle miles travelled; and, Prioritize the conservation of high quality agricultural land – in that the purchase of the existing Covina Theater facility would not impact existing agricultural land in California; • Build a resilient and sustainable water system – in that the purchase of the existing Covina Theater facility would not have an impact upon the Covina water system or create new demand upon the existing water infrastructure;
Resolution CC 2022-31 Page 4 of 5
• Steward and protect natural and working landscapes – in that the purchase of the existing Covina Theater facility would not result in a negative impact upon the protection of natural and working landscapes since the Covina Theater is an existing facility located within an established commercial district of downtown Covina;
• Incorporate climate change adaptation into all planning and investment – in that the purchase of the existing Covina Theater facility by the City of Covina would ensure the public ownership of a significant entertainment and cultural venue located in downtown Covina whereby the ongoing maintenance of the Covina Theater facility would be managed by the City of Covina and be incorporated into the City’s ongoing facility maintenance schedule;
• Lead by example to make the state a model for long-term sustainability – in that the purchase of the Covina Theater facility by the City of Covina would result in the City of Covina ensuring the operation of the Covina Theater facility would be conducted in the City’s capacity as a “model agency” and a leader and responsible member of the Covina community.
SECTION 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for the Reimbursement Expenditures with the proceeds of tax exempt bonds or other tax exempt securities issued under the provisions of the Internal Revenue Code of 1986, as amended, and those Treasury Regulations implementing such provisions (collectively, “Federal Tax Law”). This declaration is made solely for purposes of establishing compliance with applicable requirements of Federal Tax Law and its date is controlling for purposes of reimbursement under Federal Tax Law. This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project.
SECTION 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Resolution. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure was paid or the date the Project was placed in service or abandoned, but in no event more than three (3) years after the original expenditure was paid.
SECTION 4. The City Manager and his or her designee is hereby authorized and directed to act on behalf of the Applicant in all matters pertaining to the Financing Application, and if IBank approves the Financing Application and the Obligation, the execution of related financial documents, including but not limited to the authority to make payments from general fund revenues and other legally available sources of funds for the repayment of the Obligation and to provide covenants relating to the Obligation and as to any security or collateral securing the Obligation.
SECTION 5. If the Financing Application and the Obligation is approved by IBank, the City Manager and his or her designee is authorized to negotiate, enter into and sign financing documents and any amendments thereto, including, but not limited to the Financing Agreement and the Replacement Agreement, with IBank for the purposes of financing the Obligation.
SECTION 6. This Resolution shall become effective immediately upon adoption.
Resolution CC 2022-31 Page 5 of 5
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 5th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, 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 2022-31 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of April, 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
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: CC Regular Meeting - Apr 05 2022
Title: Application to Obtain Grant Funding Under the High Frequency Communication Equipment (FH) Program
Presented By: David Povero, Chief of Police
Recommendation: Adopt Resolution CC 2022-32 authorizing the City Manager or his designee to apply for and execute grant application documents under the High Frequency Communication Equipment (FH) Program.
EXECUTIVE SUMMARY / BACKROUND:
The purpose of the High Frequency Communication Equipment (FH) Program through the State of California is to provide grant funding to local Emergency Operations Centers (EOC) for equipment. Equipment purchased must allow local governments to be included in an integrated high frequency radio network that utilizes frequencies authorized by the Federal Communications Commission and intended to be capable of communications with state, local and federal agencies.
DISCUSSION:
For this application, the Covina Police Department will request $60,000 in grant funding for handheld radios to enhance Covina's Emergency Operations Center. This equipment is critical to enhance event and incident management and strengthen the ability of law enforcement and first responders to respond to and recover from natural or man-made disasters. Approximately six radios can potentially be purchased with a $60,000 award. All radios will be interoperable with existing radios currently used by the police department and surrounding agencies.
FISCAL IMPACT:
If the application is successful and a grant award is received , staff will bring back before the Council a resolution to increase the Police Department's revenue and appropriation account for up to $60,000 which is the maximum allowed for the program. There will be no additional appropriation needed from the General Fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
ATTACHMENTS:
Attachment A - Resolution CC 2022-32
Respectfully submitted,
RESOLUTION CC 2022-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, TO AUTHORIZE THE CITY MANAGER OR HIS
DESIGNEE TO APPLY FOR AND EXECUTE APPLICATION
DOCUMENTS FOR GRANT FUNDING UNDER THE HIGH FREQUENCY
COMMUNICATIONS EQUIPMENT (FH) PROGRAM
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina would like to apply for state grant funding in the amount of $60,000 for communication equipment through the High Frequency Communications Equipment (FH) Program; and
WHEREAS, the application will request funding for $60,000 in handheld radios for the Emergency Operations Center to enhance its capabilities in disaster management.
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 hereby authorized and directed to apply for and execute application documents for grant funding under the FH program.
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 5
th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
Resolution CC 2022-32 Page 2 of 2
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-32 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of April, 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
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Apr 05 2022
Title: Covina Recreation Village Project – Award of Contract for Civil Engineering Services to Elie Farah, Inc. in the Amount of $38,050
Presented By: Brian K. Lee, Director of Community Development Andy Bullington, Director of Public Works
Rafael M. Fajardo, City Engineer
Recommendation: 1. Award a Contract for Covina Recreation Village Project Civil Engineering Services to Elie Farah, Inc. as the responsible bidder in the amount of $38,050 and authorize the City Manager to execute the Contract; and
2. Establish a 10% contingency allowance of $3,805 for additional services, if needed.
EXECUTIVE SUMMARY / BACKROUND:
As part of the City’s Fiscal Year 2021-2022 Capital Improvement Program, the City Council approved the Covina Recreation Village Project - Phase I, which consists of architectural design services for the construction of the recreation village at the former Vita Pakt property.
On December 21, 2021 the City Council awarded a contract to GGA for the design of the Covina Recreation Village Project. Civil engineering services including a grading plans, utility design, etc. are required as part of the design development phase. Elie Farah, Inc. will provide civil engineering support to GGA for the design of the Covina Recreation Village Project subsequent to approval of this contract for engineering services.
DISCUSSION:
Informal Request for Proposals (RFP) were sent out to various firms to solicit supplemental engineering services.
In response to the RFP, three proposals were received with the following responses:
Rank Consultant Location Cost
1 Elie Farah, Inc. Corona, CA $38,050
2 CEJ Engineers, Inc. Walnut, CA $45,500
3 KPFF Los Angeles, CA $70,560
Staff reviewed the proposal documents as well as the consultants’ background and the completion of recent projects for competency and responsiveness to the deliverables identified in the RFP. Staff determined that Elie Farah, Inc. is the successful lower bidder.
FISCAL IMPACT:
A total funding amount of $250,000 (Account 2055-4950-55100-P2202) in Bond Proceeds from the Successful Agency has been allocated within the City’s approved Fiscal Year 2019-2020 Capital Improvement Program Budget for Covina Recreation Village Project.
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 - Proposal, Elie Farah Inc.
Attachment B - Professional Service Agreeement, Elie Farah Inc.
Respectfully submitted,
Elie Farah, Inc
1 of 6
March 10 2022
Mr. Rafael M. Fajardo
City Engineer
City of Covina Via email
125 East College Street
Covina, CA 91723-2199
626-384-5489 T
Subject: Proposal for a precise grading plan, erosion control plans, on site utility plan, onsite storm drain plan, and other optional services including SWPPP, LID Low impact development calculations and design, fire flow calculations, and Striping plans, for the City of Covina recreation Village, City of Covina
Dear Mr. Fajardo:
Per your request, Elie Farah Inc. (EFI) is pleased to submit this proposal for precise grading plan, erosion control plans, on site utility plan, onsite storm drain plan, and other optional item such as SWPPP, LID Low impact development calculations and design, fire flow calculations, and Striping plans, for the City of Covina recreation Village, in the City of Covina. This estimate for Professional services is based on the City request dated March 8, 2022.
Scope of work:
I. Supplemental Topographic Survey
A topographic survey adequate for the grading plan design will be provided by the City of Covina. EFI will provide supplemental topographic survey as needed in the areas that need more details.
Subtotal $ 3,000
II. Precise Grading plan
EFI will prepare a precise Grading Plan with notes and details at a scale of 1”=20’. The plans will include a title sheet, a grading plan with all the required sections and details and estimated amount of cut and fill.
The grading plan will include LID components callouts provided by other consultant.
Subtotal $ 11,800
III. Erosion control and BMP plans
An erosion control plan would be prepared to show erosion control measures and NPDES during the grading operation. This site is over one acre and a SWPPP is also required see optional Elie Farah Inc.
California Certified Small Business #1443340
Civil and Traffic Engineering
Land Surveying & Construction Management
RCE 42080, TR 1926, LS 8258,
QSD/QSP 21962, REB1095310
1593 Liberty Drive, Corona, CA. 92881
Tel. (951)-898-0772, Fax (951)-278-4110
email: [email protected]
Web: ElieFarahInc.com
ATTACHMENT A
Elie Farah, Inc
2 of 6
services).
Subtotal $ 2,500
IV. Geotechnical report-Provided by the City
In addition, a soils report will be required. The City will provide the geotechnical report If a report was prepared earlier, a letter from the soils engineer updating the report is required. The signature of the soil engineer will also be required on the grading plans.
If LID is prepared by EFI, A percolation rate will be required from the soils engineer. *Subtotal $ 0
*To be provided by the City
V. On site- Storm Drain Plans:
Prepare a storm drain improvement plan to a scale of 1"=20' . The plan would show all the on site storm drain inlets and storm drain lines and the connection to the on site storm drain system.
The plan would include details of inlets. If processing thru LACDPW is required, it would be done on times and materials basis.
Subtotal $ 4,500
VI. On Site Utility Plan—Sewer and water services
Prepare a separate utility plan to show utility connections such as domestic water and sewer. This plan will show the water and sewer laterals from building to main lines available on site. $ 2,500
VII. Coordination, Processing, and Meetings with City Staff, Architect, Landscape architect, and other consultants
EFI will meet and coordinate with City staff, Architect, Landscape architect, and other consultants as needed at the request of the City/Architect to discuss possible conditions and requirements for this development as it relates to the Civil Engineering items. This item will also be used to prepare submittal packages to various City entities or other consultants Subtotal T&M $ 2,500
VIII. Cost Estimate:
EFI would prepare cost estimates for the Improvements as requested by the City or architect.
Subtotal T&M $ 1,250
IX. Low Impact Development Report
EFI will prepare a Low Impact Development Report per the County of Los Angeles requirements. The report addresses the mitigation measures to reduce pollutants and includes the following:
a. Vicinity Map
ATTACHMENT A
Elie Farah, Inc
3 of 6
b. Site Map showing the following
Existing Hydrologic features,
Existing & proposed site drainage network, private storm drain systems, & Municipal storm drain, proposed design features and surface treatment used to minimize imperviousness,
For each drainage area, types of impervious area proposed and area of each Proposed locations and sizes of treatment or flow-control facilities c. Report
i. Table of Content
ii. Narrative analysis
iii. Narrative description of site design
iv. Hydraulic calculations for each infiltration treatment Subtotal $ 5,000
X.SWPPP
A SWPPP is required when a project disturbs more than 1 acre.
A SWPPP (Storm Water Pollution Prevention Plan) document will to be prepared by Qualified SWPPP Developer (QSD) a to comply with the requirements of the State Water Resource Control Board order 2009-0009 (implemented on 9/2009 and enforceable starting 9/2011). The SWPPP will address water quality during construction and post construction.
Client (LRP) Legally Responsible Person has to electronically file Permit Registration Documents (PRDs) to the state prior to the commencement of construction activity and pay the required fees.
All applications are done online as part of the “Storm Water Multiple Application and Report Tracking System” SMARTS.
EFI will help fill out the technical documents only for the SMARTS such as “Risk calculation ”, “ site info”, & “additional site info” pages, but the owner/client rep is required to fill out contact information, project information, billing information, & upload SWPPP, etc… sign & certify application and pay the required fees.
We will need the grading plan, site plan, etc… in Cad if possible; otherwise a scan of the plans would be required.
In addition we will need the name the LRP, Authorized Signatoree name, Project Id, a copy of soils report, a simple construction schedule, 24 hr number for emergency, site business hour, Names of trained personnel, QSP name, Who will collect samples, testing Lab, name & address, etc… that are needed in the body of the SWPPP document.
Subtotal $ 5,000
FEE
Our fee for Item I through III and IV to X for the services described above have been estimated not to exceed $38,050. Approval from you in writing will be required for proceeding with this work. The grading and utility plan work can be completed within eight weeks from the time of the authorization to proceed and the receipt of a fully dimensioned site plan in Autocad.
ATTACHMENT A
Elie Farah, Inc
4 of 6
Reproduction costs, shipping costs, Maps and documents from Agencies, etc… will be charged in addition at cost plus 10% markup
Our proposal does not include (Exclusion):
Pedestrian bridge design
Storm drain on Metrolink parking lot or permit from LACFCD Structural design for retaining walls
Structural calculation of any structure or footing.
Hydrology and Hydraulics
Street light plans
Traffic control plans.
Easements, legal descriptions, Right-of -way maps, etc… Survey Staking, Horizontal control plans.
Any governmental agency fees, application fees, plan check fees, or any other fees that must be paid to any other parties.
Obtaining signatures from other parties on plans, application forms, clearance documents, or other documents.
The cost of any other professional services that may be required such as, but not limited to soils engineer, geologist, landscape architect, and architects. Any other item of work not specifically listed herein.
Work beyond the scope of work, including conducting additional services, participation in additional meetings, community meetings and public hearings, or detailed drawings, if necessary, will be undertaken only on direction by you or your authorized agent, and will be billed in accordance with the attached fee schedule. Preparation for meeting, waiting and travel time is charged at normal hourly rates and is in addition to time spent at a hearing or meeting.
This proposal shall expire 60 days from the date hereof.
The time stipulated in the contract will commence upon the date all necessary information is received.
LIMITATION OF LIABILITY. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, to Elie Farah Inc. (ENGINEER) and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's Consultants, and any of them, to (OWNER), for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement for any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty express or implied of ENGINEER or ENGINEER's officers, directors, partners, employees, agents or ENGINEER's Consultants or any of them, shall not exceed the total compensation received by ENGINEER under this Agreement.
TERMS/CONDITIONS. This agreement shall remain in effect until completion of services listed above. EFI. retains the right to terminate contract for due cause. Writer's notice to quit will be given three (3) working days in advance. All invoices are due and payable within ten (10) days, and any amounts more than 30 days past due shall be subject to a late fee of 1.5% per month on the outstanding balance. In the event of any action or proceedings for the collection of any unpaid amounts due under this agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs.
We look forward to having the opportunity to discuss our qualifications and approach in a greater detail, if necessary. Please indicate your acceptance by signing in the space provided below and returning/faxing
ATTACHMENT A
Elie Farah, Inc
5 of 6
one copy to our office.
We look forward to having the opportunity to discuss our qualifications and approach in greater detail.
Thank you for considering EFI for this work. We look forward to working with you on this project.
Should you have any questions, Please call me at (951) 898-0772. Our office Facsimile number is (951)- 278-4110.
Sincerely,
Elie Farah Inc.
_____________________________________
Elie Farah, MS, PE, TE
Principal Engineer
Proposal Covina Recreation Village V2, 3-10-2022.doc
Personnel Hourly rates Personnel Hourly rates
FEE SCHEDULE JUNE 2021 TO MAY 2022
TITLE HOURLY RATE
Principal Engineer $130.00
Senior Transportation Engineer/Project Manager $125.00
Project Engineer/Civil Engineer/Land Surveyor $125.00
Traffic/Transportation Engineer $125.00
Associate Engineer $110.00
Engineering Draftsperson/CADD $85.00
Project Administrator/Clerical $65.00
Word Processing $65.00
Engineering Aide/Technician/ $80.00
Survey Crew (2-man crew) $170.00
Traffic Counts:
24-hour ADT Count - per direction per day
Turning Movement Count - per 2-hr. period
Parking Occup. Count – per person-hour
$115.00
$170.00
$80.00
ATTACHMENT A
Elie Farah, Inc
6 of 6
Project expenses will be billed at cost plus ten percent for service and handling. Project expenses include project-related costs such as transportation, reproduction, postage, computer charges and subcontractor services.
Hourly rates apply to travel as well as to working time.
Statements will be presented monthly for work completed and will be due and payable on presentation unless prior arrangements are made.
Statements aged more than 45 days will be increased by a 5 percent per month carrying charges unless otherwise specified in contracts.
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated April 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Elie Farah, 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 provide Professional Civil Engineering Services for the Covina Recreation Village Project 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 December 31, 2022 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year terms. In no event shall the contract be extended beyond December 31, 2023.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Thirty-Eight Thousand Fifty Dollars ($38,050) (the “maximum compensation”), based on the hourly rates 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.
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 Exhibit A, 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 B. 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.
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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 Elie Farah, Principal Engineer (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. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including professional engineering services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D.
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.
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
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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.
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.
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
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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.
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: Elie Farah
City of Covina Elie Farah, Inc.
125 E. College Street 1593 Liberty Drive
Covina, California 91723 Corona, CA 92881
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, B, and C 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:
Elie Farah, 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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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 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
ATTACHMENT B
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 ____________________________________
ATTACHMENT B
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: CC Regular Meeting - Apr 05 2022
Title: Resolution CC 2022-36, Amending the Fiscal year 2021-2022 Operating Budget to Establish the Local Early Action Planning Grant (LEAP) Project and Accept and Appropriate $150,000 in Grant Award Funds for Costs Incurred for Project Tasks Presented By: Brian K. Lee, AICP, Community Development Director Recommendation: Adopt Resolution CC 2022-36, amending the Fiscal Year 2021-22 Operating Budget to accept and appropriate $150,000 in grant reimbursable funds and establish the Local Early Action Planning Grant (LEAP) project for the purpose of facilitating housing development in the City of Covina.
EXECUTIVE SUMMARY / BACKROUND:
The Local Early Action Planning Grant (LEAP) program is a funding and technical assistance grant program administered by the California Department of Housing and Community Development (HCD) and is available to help local cities and counties prepare, adopt, and implement planning strategies and processing improvements intended to facilitate housing production. The City of Covina was identified as being eligible for up to a $150,000 award in grant reimbursable funds for the following identified scopes of work:
Accessory Dwelling Unit (ADU) Regulations
Purpose: Encourage the production of ADUs by updating regulations and assisting homeowners who are interested in building ADUs.
Multi-Family Residential Zoning Regulations
Purpose: Review and revise the Multi-Family zoning regulations to encourage additional housing development, including ministerial review for qualifying projects.
Covina Town Center Specific Plan (CTCSP) Revisions:
Purpose: Objective of the CTCSP is to revitalize the city core, encourage transit-oriented development, and streamline the development process while building upon the Covina Metro link Station’s assets. This task includes revisions to the TCSP to eland areas where high-density transit-oriented development is permitted.
Staff recommends approval from the City Council of Covina to appropriate $150,000 in reimbursable grant award funds for the planning & zoning updates listed above. The City of Covina received an award from HCD as reimbursement for costs incurred totaling up to One Hundred and Fifty Thousand Dollars ($150,000) in reimbursable funds for the City to prepare, adopt, and implement planning strategies and processing improvements to facilitate housing production and standards. These tasks are necessary to allow for more quality housing and higher potential unit development within the City, as the State of California requires local jurisdictions to demonstrate that their respective local housing capacity complies with State issued (Regional Housing Needs Assessment) RHNA numbers. The best way that the City can accomplish this task is by utilizing zoning and planning tools to facilitate and encourage housing production.
The consultants selected for this project scope are Interwest, LLC & JHD Planning which are both on the Planning Divisions approved consultant list and have active contracts with the City of Covina for their professional services. RWG is a legal law firm and has an active contract with the City of Covina for their professional legal services.
The major benefit of the LEAP program is the ease of financial burden typically associated with these types of extensive, city-initiated planning efforts that would have otherwise impacted the general budget. Utilizing the LEAP program also allows city staff to outsource the workload so that the tasks are completed expeditiously.
FISCAL IMPACT:
The LEAP Grants Program does not require a local financial commitment or match from a local jurisdiction requesting grant funds. The appropriation of funds under Resolution CC 2022-36, if approved, will be as follows:
Account Number Account Title Original Budget Increase Amended Budget 4010-4000-42190
General CIPComm Dev AdminOther State
Grants/Subventions
$0 $150,000 $150,000
4010-4000-51005
General CIP -
Comm Dev AdminLegal Fees
$0 $138,000 $138,000
4010-4000-51200
General CIP -
PlanningConsulting
$0 $10,000 $10,000
4010-4000-53540
General GIPPlanning-Legal
Notice
$0 $2,000 $2,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The appropriation of grant funds is exempt from CEQA since the action is not a project within the meaning of Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change in the environmental, directly or indirectly.
ATTACHMENTS:
Attachment A - Resolution CC 2022-36 to Accept and Appropriate Funds LEAP Attachment B - Application for LEAP Grant
Attachment C - Fully Executed Standard Agreement with HCD Respectfully submitted,
RESOLUTION CC 2022-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-2022 OPERATING BUDGET TO ACCEPT AND APPROPRIATE $150,000 IN GRANT
REIMBURSABLE FUNDS AND ESTABLISH THE LOCAL EARLY
ACTION PLANNING GRANT (LEAP) PROJECT FOR THE PURPOSE
OF FACILITATING HOUSING DEVELOPMENT IN THE CITY OF
COVINA
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 City of Covina applied for a grant award under the State of California Housing and Community Development (HCD) Local Early Action Planning (LEAP) Program with approval from the City Council; and,
WHEREAS, the City of Covina received an award from HCD as reimbursement for costs incurred totaling up to One Hundred and Fifty Thousand Dollars ($150,000) in reimbursable funds for the City to prepare, adopt, and implement planning strategies and processing improvements to facilitate housing production and standards; 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 in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments to the Budget shall be by approval and memorialized by Resolution of the City Council
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2021-2022 Operating Budget as follows:
Account Number Account Title Original
Budget Increase Amended Budget
4010-4010-41290 General CIP- Comm Dev Admin-Other State Grants/Subventions
$0 $150,000 $150,000
2405-4010-51005
General CIP - Comm Dev Admin- Legal Fees $0 $138,000 $138,000 4010-4010-5120 General CIP - Planning-Consulting $0 $10,000 $10,000 2405-4010-53540 General GIP- Planning-Legal Notice $0 $2,000 $2,000
Resolution CC 2022-36 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 5th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, 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 2022-36 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of April, 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
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: CC Regular Meeting - Apr 05 2022
Title: Award Professional Services Agreement with Fehr & Peers to Prepare the Covina Active Streets and Multimodal Connectivity Plan (CASMCP)
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Award Contract for Planning Services to Fehr & Peers to prepare the Covina Active Streets and Multimodal Connectivity Plan (CASMCP), a project awarded to the City of Covina by the California Department of Transportation (Caltrans) through the FY21-22 Sustainable Transportation Planning Grant Program.
EXECUTIVE SUMMARY / BACKROUND:
The City applied for and received an award from the California Department of Transportation (Caltrans) FY 2021- 22 Sustainable Transportation Planning Grant Program in late summer of 2020. Titled “Covina Active Streets and Multimodal Connectivity Plan” or ,"CASMCP", the plan’s major goal is to further regional and local sustainability through an improved active transportation network, transit connections, and transit-oriented development (TOD) supported planning.
The City and Caltrans entered into a contract agreement on December 15, 2022. On February 15, 2022, the City Council of the City of Covina approved an amendment to the FY 21-22 operating budget to appropriate the grant award totaling $319,151 in grant reimbursable funds and an appropriation of $41,349 from Proposition C for the local match portion. Staff now wishes to award the contract for planning services to Fehr & Peers to develop the CASMCP which is estimated to be completed by Winter of 2023.
Request for Proposals
Informal Request for Proposals were sent out to eight consultant firms on January 10, 2022. In Addition, the Request for Proposal was also posted on the City Website and available for public viewing for 31 days. The deadline for proposals was on February 10, 2022. In response to the RFP, one (1) proposal was received from Fehr & Peers which included portions of the scope of work to be done by three other subconsultants (MIG, CWE, and Kosmont) due to varying technical expertise needed to develop special studies and specific elements of the plan. The goal is to create a holistic, active streets and multimodal connectivity plan that incorporates existing specific and master plans, considers potential overlays, and is supported by newer studies (e.g. market, equity, mobility and first/last mile needs study).
Per Section 5.70, Competitive Bidding Issues, “B”, of the State Contracting Manual, in situations where less than three (3) bids are received, the contracting agency must solicit three consulting firms and receive a response as to why a proposal was not received. Staff reached out and received responses from:
• KOA Corp
• Psomas
• RRM Design
Responses can be requested via public records request through the City Clerk’s office. The CASMCP informational page showing the RFP and overall progress for the project can be found at the following link:
https://covinaca.gov/cd/page/active-streets-and-multi-modal-connectivity-plan After obtaining responses, Staff met with Fehr & Peers on March 14, 2022 to discuss minor changes to the Professional Services Agreement (PSA) and changes to the proposed scope of work to be better aligned with the project goals submitted to Caltrans per the Contract Agreement (See attachment B). Fehr & Peers responded on March 17, 2022 accepting the City's proposed changes and responses to PSA changes. The next step is to award the contract for services totaling $341,173.00.
The estimated staff & material costs for management of the project from February 2022 to the closeout date not to exceed May 29, 2024 is approximately $19,327.00.
FISCAL IMPACT:
The City Council of the City of Covina approved Resolution CC 2022-19, approving the allocation of grant funds and the appropriation of local match funds using Proposition C on February 15, 2022. The use of grant reimbursable funds and local match through Proposition C reduces the General Fund obligations toward the project.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This action is exempt from CEQA since the action is not a project within the meaning of Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change in the environmental, directly or indirectly.
ATTACHMENTS:
Attachment A - PSA Fehr & Peers
Respectfully submitted,
EXHIBITS A-C TO FOLLOW
12923-0001\1917425v3.doc
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated April 5th, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Fehr & Peers, 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 Perform Planning services to develop the Covina Active Streets and Multimodal Connectivity Plan (CASMCP).
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 February 5, 2024, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum of Three Hundred Forty Thousand One Hundred and Seventy Three Dollars ($341,173) (the “maximum compensation”), 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.
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.
A. 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 Exhibit A, 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.
EXHIBITS A-C TO FOLLOW
12923-0001\1917425v3.doc
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B the estimated schedule for services are shown in Exhibit C. 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 Miguel Núñez , Principal/Project manager, (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 in conformance with the project timeline, attached hereto as Exhibit C.
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
EXHIBITS A-C TO FOLLOW
12923-0001\1917425v3.doc
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.
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.
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. Notwithstanding, the forgoing provisions in this Section 5 does not apply to any intellectual property owned or created by any third party other than Consultant or City (Third-Party Content”) or to any inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled, or produced by Consultant prior to or independently of any of its performance of this Agreement (“Background IP”), including such Third-Party Content or Background IP that Consultant may employ in its performance of this Agreement, or may incorporate into any part of the written products. Consultant shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all such Background IP. Consultant grants to City an irrevocable, non-exclusive, non-transferable, royaltyfree license in perpetuity to use, reproduce, prepare derivative works based upon, distribute, disclose, and derive from perform, and display, such Background IP, including the right of City to authorize contractors, consultants and other to do the same on City’s behalf, but only as an inseparable part of the written products. In the event the written products contains, or incorporates any Third-Party Content, or derivative work based on such Third-Party Content, or a compilation that includes such Third-Party Content, or in the event any such Third-Party Content is needed by City to reasonably enjoy and use Consultant’s services or written products, Consultant shall secure on City’s behalf an irrevocable, non-exclusive, non-transferable, perpetual, royalty-free license in
EXHIBITS A-C TO FOLLOW
12923-0001\1917425v3.doc
perpetuity for City to use, reproduce, prepare derivative works based upon, distribute, disclose, perform, and display, the Third-Party Content, including the right of City to authorize contractors, consultants and others to do the same of City’s behalf, but only as an inseparable part of the written products.
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.
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
EXHIBITS A-C TO FOLLOW
12923-0001\1917425v3.doc
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.
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
EXHIBITS A-C TO FOLLOW
12923-0001\1917425v3.doc
termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement. Consultant may reference the City and the nature of its services under this Agreement as documentation of its experience and expertise.
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. 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, 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 negligent acts or omissions, or willful wrongdoing, 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’ reasonable 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
EXHIBITS A-C TO FOLLOW
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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 A. 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 indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all 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’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 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.
If Consultant is a limited liability company, the commercial general liability coverage shall be
EXHIBITS A-C TO FOLLOW
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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 the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
EXHIBITS A-C TO FOLLOW
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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.
EXHIBITS A-C TO FOLLOW
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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.
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: Daniella Andrade Miguel Núñez
Management Analyst Trainee Principal/Project Manager
City of Covina Fehr & Peers
EXHIBITS A-C TO FOLLOW
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125 E. College Street| 600 Wilshire Blvd, Suite 1050
Covina, California 91723 Los Angeles, CA 90017
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, 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, B, and C 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.
EXHIBITS A-C TO FOLLOW
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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.
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
EXHIBITS A-C TO FOLLOW
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this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[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: Chris M. Marcarello
Title: City Manager
ATTEST:
By:
Name: Georgianna Nicole Alvarez
Title: Chief Deputy City Clerk
Consultant:
Fehr and Peers, LLC
a California Corporation
By:
Name: Matt Benjamin, AICP
Title: Principal
By:
Name: Sarah Brandenburg
Title: Corporate Officer
(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 C
EXHIBIT A
APPROVED FEE SCHEDULE
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EXHIBIT C
EXHIBIT B
SCOPE OF SERVICES
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EXHIBIT C
EXHIBIT C
PROJECT TIMELINE
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: CC Regular Meeting - Apr 05 2022
Title: Approval of Side Letter Agreement between the City of Covina and the Police Association of Covina (PAC), Revising the Salary Upon Promotion Provision Presented By: Anita Agramonte, Director of Administrative Services Suzanne Stone, Human Resources Manager
Recommendation: Authorize the City Manager to execute the Side Letter Agreement between the City of Covina and the Police Association of Covina (PAC) Bargaining Group, revising Article
10.3.B. Salary Upon Promotion
EXECUTIVE SUMMARY:
The City Council approved the current Memoranda of Understanding (MOU) with the Police Association of Covina (PAC). Staff is recommending a modification to the MOU Article 10.3.B. Salary Upon Promotion related to Police Recruits who transition to Police Officer.
BACKGROUND:
DISCUSSION:
The PAC MOU, Article 10.3.B.Salary Upon Promotion specifies that represented employees who promote to a classification with a higher top step salary shall receive an increase in base salary to the greater of Step 1 of the salary range in the higher classification, or receive an increase to the step in the new salary range that is at least a five percent (5%) above the combination of base salary, education incentive pay, and special assignment pay. The current salary difference from Police Recruit Step 1 to Police Officer Step 1 is an increase of over 7.56%.
Police Recruits typically graduate from the Police Academy within six (6) months of hire. On occasion, employees in the Police Recruit classification remain in the Police Academy beyond the standard six-month term. When this occurs, Police Recruits are eligible to progress in the classification's salary range from Step 1 to Step 2. The proposed amendment would clarify that in these occasions, when employees transition to the classification of Police Officer, they would begin at Step 1 of the salary range, thereby maintaining parity with other new Police Officers.
In order to establish a consistent and fair practice for providing step increases to Police Recruits and Police Officers, the City and PAC have mutually agreed to amend the PAC MOU, Article 10.3.B. Salary Upon Promotion to specify that Police Recruits transitioning to the classification of Police Officer shall start at Step 1 of the Police Officer classification salary range regardless of which step they were at as a Police Recruit prior to transitioning to Police Officer.
FISCAL IMPACT:
There is no fiscal impact, as this process is already established as a past practice. Providing a Side Letter Agreement will formally clarify the practice in writing to ensure consistency in how the process is applied.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
N/A
ATTACHMENTS:
Attachment A - PAC Side Letter Agreement - SALARY UPON PROMOTION_2022 Respectfully submitted,
SIDE LETTER OF AGREEMENT
BETWEEN
THE CITY OF COVINA
AND
THE POLICE ASSOCIATION OF COVINA
This Side Letter of Agreement (“Agreement”) between the City of Covina (“City”) and the Police Association of Covina (“PAC”) (collectively “Parties”) is entered into with respect to the following:
WHEREAS, on July 20, 2021, the City Council approved an MOU between the City of Covina and the Police Association of Covina; and
WHEREAS, Article 10.3.B. (Salary Upon Promotion) of the MOU establishes the salary increase upon promotion to a different classification; and WHEREAS, the Parties met and conferred and agree to revise the language set forth in the Parties’ Agreement to clarify Police Recruits transitioning to the classification of Police Officer would start at Step 1 of the Police Officer classification, even if it is less than a 5% increase from their most recent salary as a Recruit.
THEREFORE, the Parties hereby agree to the following:
1.) Article 10.3, B. shall be revised as follows:
B. SALARY UPON PROMOTION
Employees promoted to a classification with a higher top step salary shall receive an increase in base salary to the greater of:
• Step 1 of the salary range in the higher classification, or • Receive an increase to the step in the new salary range that is at least a five percent (5%) increase above the combination of base salary, education incentive pay, and special assignment pay, if applicable, not to exceed the highest step of the salary range.
Exception: Police Recruits transitioning to the classification of Police Officer. • Police Recruits shall start at Step 1 of the Police Officer classification salary range regardless of which step they were at as a Police Recruit prior to transitioning to Police Officer.
This side letter shall become effective upon the date of City Council approval of this side letter.
All other terms of the PAC MOU remain in effect for the term of the MOU.
FOR THE CITY OF COVINA
Chris Marcarello Date
City Manager
FOR THE POLICE ASSOCIATION OF COVINA
Danny Palma Date
President
Kyle Hulsey Date
Vice President
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: CC Regular Meeting - Apr 05 2022
Title: Resolution CC 2022-37, Approving the Acceptance of General Fund Grant Funds for the City of Covina Recreation Village Project from the California Natural Resources Agency, and Authorizing the City Manager to Execute the Grant Agreement and all Related Documents, and Designating the City Manager as Agent, and Rescinding Resolution CC 2022-04.
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2022-37, approving the acceptance of General Fund Grant Funds for the City of Covina Recreation Village from the California Natural Resources Agency for the City of Covina Recreation Village, and authorizing the City Manager to execute the grant agreement and all related documents, and designating the City Manager as Agent, and rescinding Resolution CC 2022-04.
EXECUTIVE SUMMARY:
On September 23, 2021, Governor Gavin Newsom approved SB 170, which amended the Budget Act of 2021 and included additional appropriations to cities for designated projects. California State Senator Susan Rubio of the 22nd District was able to secure $2.5 million dollars within these appropriations to assist in the creation of the City of Covina Recreation Village Project. This funding is administered by the California Natural Resources Agency (Agency).
BACKGROUND:
On January 18, 2022, the Covina City Council reviewed the Project Information Packet and adopted Resolution CC 2022-04, which was provided in template form by the California Natural Resources Agency. The adoption of the provided resolution was a requirement to move forward in the funding process. On March 21, 2022, staff was notified that the Agency mistakenly sent the incorrect resolution template for adoption, and requested that the city adopt the newly-provided resolution template.
DISCUSSION:
To move forward in the funding process, the City Council must rescind Resolution CC 2022-04, and adopt Resolution CC 2022-37. Resolution CC 2022-04 was a template that should have been provided to agencies who are developing a planning project, and Resolution CC 2022-37 is for agencies who have land control of the project site, as we do. Once the new Resolution is adopted, staff will re-submit the Resolution to the Agency, and request to move forward with the signing of the grant agreement.
FISCAL IMPACT:
Resolution CC 2022-05 was adopted on January 18, 2022 and appropriated the $2,500,000 award into the corresponding revenue and expenditure accounts.
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 - Resolution CC 2022-37
Respectfully submitted,
RESOLUTION CC 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING THE ACCEPTANCE OF GENERAL FUND
GRANT FUNDS FOR THE CITY OF COVINA RECREATION VILLAGE,
AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT
AGREEMENT AND ALL RELATED DOCUMENTS
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of the Project Information Package before submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for subject project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approves the acceptance of general fund allocation for local assistance for the above project(s).
SECTION 2. Certifies that said agency understands the assurances and certification in the Project Information Form.
SECTION 3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so.
SECTION 4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.
SECTION 5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.
SECTION 6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide.
SECTION 7. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements,
Resolution CC 2022-37 Page 2 of 2
payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
SECTION 8. Resolution CC 2022-04 is hereby rescinded in its entirety and this resolution shall supersede all previous resolutions that are in conflict with this resolution.
SECTION 9. 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 5
th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, 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 2022-37 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of April, 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
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting - Apr 05 2022
Title: Public Hearing and Resolution Establishing the Formation of a Community Facilities District, Community Facilities District No. 2022-1 (Stormwater) Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Adopt Resolution CC 2022-33 Establishing the Formation of a Community Facilities District; and
2. Adopt Resolution CC 2022-34 Calling a Special Election for a Community Facilities District; and
3. Adopt Resolution CC 2022-35 Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien; and
4. Waive full reading, read by title only, and introduce the first reading Ordinance 22-04, "An Ordinance of the City Council of the City of Covina, California, Authorizing the Levy of Special Taxes in a Community Facilities District - City of Covina Community Facilities District No. 2022-1 (Stormwater)." DISCUSSION:
The City has previously used Community Facilities Districts (“CFD”s) to finance specified maintenance and services on improvements related to new development. Tract 83178 (707 N Barranca Ave), consisting of one large lot parcel that will be developed into 151 residential townhomes, will require the City to maintain the offsite stormwater facilities related to this project, which will be installed by the developer. Following the successful formation of CFD No. 2022-1 (Stormwater), funding necessary to maintain the improvements, including longterm capital replacement costs, will come from the special taxes levied on the future residential units within the CFD. The developer has provided funds for the establishment of the CFD.
The City’s special tax consultant, NBS, has prepared the attached Resolutions which includes the Rate and Method of Apportionment (“RMA”) for CFD No. 2022-1 (Stormwater). The RMA was prepared by NBS and describes the rates and methods special taxes may be levied within the CFD beginning in Fiscal Year 2022/23 and defines the types of property that may be levied a special tax. The property included in the CFD at formation is Tract 83178 (707 N Barranca Ave), consisting of one large lot parcel that will be developed into 151 residential townhomes. The initial maximum special tax rate is $287 per dwelling unit, which will increase annually by 5.0%.
TheResolution Establishing the CFD is to be considered following a noticed public hearing. The Resolution Calling a Special Election is to be considered next. The ballots are to be tabulated and then the Resolution Declaring Results of a Special Election is to be considered. If the measure passes, the City Council may proceed with the introduction and first reading of the Ordinance Authorizing the Levy of Special Taxes. The second reading and adoption of the Ordinance Authorizing the Levy of Special Taxes will occur at the next succeeding City Council meeting.
FISCAL IMPACT:
Costs associated with the consultant services related to the CFD formation are to be paid by the developer. The annual levy and collection of special taxes and CFD administration will be charged to the CFD. A new Fund shall be established (Fund 4707) to account for the proceeds collected and expenses associated with the CFD.
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 2022-33, Establishing the Formation of a CFD 2022-1 (Stormwater) Attachment B - Resolution CC 2022-34, Calling a Special Election CFD 2022-1 (Stormwater) Attachment C - Resolution CC 2022-35 Declaring Results of Election CFD 2022-1 (Stormwater) Attachment D - Ordinance CC 22-04, Authorizing the Levy of Special Taxes CFD 2022-1 (Stormwater) Attachment E - CFD Report - CFD 2022-1 (Stormwater)
Respectfully submitted,
RESOLUTION CC 2022-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, ESTABLISHING THE FORMATION OF A COMMUNITY
FACILITIES DISTRICT
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
WHEREAS, on March 1, 2022, this City Council of the City of Covina (the “City Council”) adopted Resolution No. 2022-20 entitled “A Resolution of the City Council of City of Covina, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the City of Covina Community Facilities District No. 2022-1 (Stormwater) (the “District”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the services to be provided, the estimated cost of providing such services, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services, is on file with the City Clerk (the “Clerk”) and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, under the Resolution of Intention, the Director of Finance was directed to make, or cause to be made, and file with the Clerk a report (the “Report”) in writing, presenting the services to be provided and an estimate of the reasonable cost of providing the services. The Report was prepared and submitted to the Clerk prior to the public hearing described below; and WHEREAS, the Resolution of Intention called for a public hearing pertaining to the formation of the District and the levy of said special tax to be held on Tuesday, April 5, 2022, at 7:30 p.m. or as soon thereafter as the matter may be heard, at the meeting place of the City Council; and
WHEREAS, under the Resolution of Intention, the Clerk was directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District, and the Clerk caused the publication of such notice at least seven (7) days before the date set for said public hearing; and
WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the services to be provided therein and the levy of such special tax were heard and a full and fair public hearing was held; and WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the proposed special taxes; and
Resolution CC 2022-33 Page 2 of 4
WHEREAS, the special tax proposed to be levied in the District to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special taxes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act.
SECTION 3. All prior proceedings taken by the City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. The City Council has heretofore adopted Local Goals and Policies for Community Facilities Districts, and the City Council hereby finds and determines that the District is in conformity with said goals and policies.
SECTION 4. The community facilities district designated as the “City of Covina, Community Facilities District No. 2022-1 (Stormwater)” is hereby established pursuant to the Act.
SECTION 5. The District Report is hereby approved.
SECTION 6. The boundaries of the District, as set forth in the map entitled "Map of Proposed Boundaries City of Covina, Community Facilities District No. 2022-1 (Stormwater), County of Los Angeles, State of California" heretofore recorded in the Los Angeles County Recorder’s Office on March 21, 2022, as Document Number 20220320677, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District.
SECTION 7. The type of public services proposed to be financed by the District and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Services”). It is hereby found and determined that the Services are necessary to meet the increased demands as the result of development occurring in the District.
SECTION 8. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District pursuant to the Rate and Method of Apportionment, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council or its designee shall determine, including direct billing of the affected landowners.
SECTION 9. The Rate and Method of Apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the District to estimate the maximum amount such owner will have to pay, is shown in Exhibit B attached hereto and hereby incorporated herein.
Resolution CC 2022-33 Page 3 of 4
SECTION 10. The Director of Finance of the City of Covina, 125 East College Street, Covina, California, telephone number (626) 384-5510, is the officer of the District who will be responsible for preparing annually a current roll of the levy of the special tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
SECTION 11. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the collection of the special tax by the District ceases.
SECTION 12. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at an amount equal to $500,000 annually and such appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.
SECTION 13. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this City Council.
SECTION 14. This Resolution shall take effect upon its adoption.
SECTION 15. 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 5
th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
Resolution CC 2022-33 Page 4 of 4
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-33 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of April, 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
Resolution CC 2022-33 Exhibit A
EXHIBIT A
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
DESCRIPTION OF SERVICES TO BE FINANCED BY THE
DISTRICT
It is intended that the District will be eligible to fund all or a portion of the costs of operating and maintaining stormwater and appurtenant facilities within or adjacent to the District as follows:
Services:
The services to be funded, in whole or in part, by the District include all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of District and areas adjacent to or in the vicinity of such areas. More specifically, the services shall include, but not be limited to, the maintenance of: (i) stormwater and appurtenant facilities.
The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City of Covina, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by District are in addition to those provided in the territory of District before the date of creation of District and will not supplant services already available within that territory when District is created.
Administrative Expenses:
The administrative expenses to be funded by District include the direct and indirect expenses incurred by the City of Covina in carrying out its duties with respect to District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Los Angeles related to District or the collection of special taxes, an allocable share of the salaries of the City of Covina staff directly related thereto and a proportionate amount of the City of Covina's general administrative overhead related thereto, any amounts paid by the City of Covina from its general fund with respect to District or the services authorized to be financed by District, and expenses incurred by the City of Covina in undertaking action to pursue payment of special taxes which are delinquent, and all other costs and expenses of the City of Covina related to the District.
Other:
The incidental expenses that may be funded by District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of Covina of all costs associated with the establishment and administration of District.
Resolution CC 2022-33 Exhibit B
EXHIBIT B
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
A Special Tax shall be levied and collected in the City of Covina Community Facilities District No. 2022-1 (Stormwater) (“CFD 2022-1”) each Fiscal Year, in an amount determined by the application of the procedures described below. All taxable property (as defined below) in CFD 2022-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2 as that may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. Accessory Dwelling Units are not considered Units for purposes of the Special Tax.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 2022-1: the costs of computing the Annual Special Tax Requirement, and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD 2022-1. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 2022-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2022-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 2022-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Dwelling Units or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “CFD 2022-1” means the City of Covina Community Facilities District No. 2022-1 (Stormwater), County of Los Angeles, State of California.
“CFD Administrator” means an official of the City, or designee or agent or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment. “City” means the City of Covina, County of Los Angeles, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 2022-1. “County” means the County of Los Angeles, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2022-1 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. “Dwelling Unit” means any individual single family detached or attached home, townhome, condominium, apartment, mobile home or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit shall not be considered a separate Dwelling Unit for purposes of calculating the Special Tax. “Exempt Property” means any property located within the boundaries of CFD 2022-1 which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Services Costs in any Fiscal Year that may apply to Taxable Property as described in Section III. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association.
“Property Owner’s Association Property” means any property within the boundaries of CFD 2022-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Maximum Special Tax are equal for all Assessors’ Parcels of Developed Property within CFD 2022-1. “Public Property” means any property within the boundaries of CFD 2022-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency. “Residential Property” means, in any Fiscal Year, all Parcels of Developed Property with one or more
permanent Dwelling Units, according to Assessor’s Data or as otherwise known by the CFD Administrator. “Special Tax(es)” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means a factor equal to 5% that will be applied annually after Fiscal Year 2021/22 to increase the Maximum Special Tax shown in Section III. “Taxable Property” means all Parcels within the boundary of CFD 2022-1 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act.
“Undeveloped Property” means all Parcels within CFD 2022-1 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD 2022-1 that have been granted a welfare exemption by the County pursuant to subdivision (g) of Section 214 of the Revenue and Taxation Code.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2022-1. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) which Parcels are Developed Property and Undeveloped Property; (ii) the number of Dwelling Units each Parcel contains; (iii) the property type; and (iv) the Annual Special Tax Requirement for the Fiscal Year.
III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2022-1 by the method shown below.
First. Determine the Annual Special Tax Requirement.
Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the Table 1 below to satisfy the Annual Special Tax Requirement.
Under no circumstances will the Special Tax on any Assessor’s Parcel of used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD 2022-1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2022/23*
Property Type
Maximum Special
Tax Rate Per
Residential Property $287.00 Dwelling Unit
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, or Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property in any Fiscal Year.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD 2022-1, and may collect delinquent Special Taxes through other available methods.
A Special Tax shall continue to be levied and collected commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied perpetually or for as long as required to satisfy the Annual Special Tax Requirement, as determined by the City.
VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit the Special Tax in future years.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
RESOLUTION CC 2022-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, CALLING A SPECIAL ELECTION FOR A COMMUNITY
FACILITIES DISTRICT
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
WHEREAS, this City Council of the City of Covina (the “City Council”) adopted a resolution entitled “A Resolution of the City Council of City of Covina, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the City of Covina Community Facilities District No. 2022-1 (Stormwater) (the “District”), defining the public services (the “Services”) to be provided by the District, authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and
WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the District as required by the provisions of the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Pursuant to the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the District at an election called therefor as provided below.
SECTION 3. Pursuant to Section 53326(c) of the Act, this City Council finds that, for these proceedings, the qualified electors are the landowners within the District and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearing.
SECTION 4. This City Council hereby calls an election to consider the issues described in Section 3, above, which election shall be held on April 5, 2022, and the results thereof canvassed at the meeting of this City Council on April 5, 2022. The City Clerk (the “Clerk”) is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Clerk has on file the Resolution of Formation, a map of the boundaries of the District, and a sufficient description to allow the Clerk to determine the electors of the District. The election shall be conducted by messenger or mail-delivered ballot in accordance with the Act.
SECTION 5. As authorized by Section 53353.5 of the Act, the issues described in
Resolution CC 2022-34 Page 2 of 4
Section 3 above shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit A is hereby approved. The Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A, to be delivered to each of the qualified electors of the District. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.
SECTION 6. This City Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the District. There is on file with the Clerk a written waiver executed by all of the qualified electors of the District allowing for a shortening of the time for the special election to expedite the process of formation of the District and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This City Council also finds and determines that the Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
SECTION 7. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing the appropriations limit are cast in favor of the proposition after the canvass of the returns of such election, the City Council may levy such special tax within the District under the Act in accordance with the approved rate and method of apportionment of special tax. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in the Resolution of Formation, subject to the Act, except that the special tax may be levied at a rate lower than that specified herein and the maximum annual tax rate may be lowered.
SECTION 8. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the provision of the Services and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report as required by Section 50075.3 of the Government Code.
SECTION 9. This Resolution shall take effect upon its adoption.
SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
Resolution CC 2022-34 Page 3 of 4
APPROVED and PASSED this 5th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, 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 2022-34 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of April, 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
Resolution CC 2022-34 Exhibit A
EXHIBIT A
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Covina (the “City”) no later than the hour of 5:00 p.m. on Tuesday, April 5, 2022, either by mail or in person. The Clerk’s office is located at 125 East College Street, Covina, California. You may also return this ballot to the location of the public hearing no later than the hour of 7:30 p.m. on Tuesday, April 5, 2022. The public hearing will be held at the City Council Chambers, 125 East College Street, Covina, California.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
The estimated maximum amount of money raised annually by this measure is expected to be $43,337, in 2022/23 special tax rates, upon full build out of the CFD, based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the CFD.
BALLOT MEASURE: Shall the City of Covina be authorized to annually levy a special tax solely on lands within the Community Facilities District No. 2022-1 (Stormwater) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council on April 5, 2022, commencing in the City’s fiscal year 2022/23, to pay for the operation and maintenance of stormwater and appurtenant facilities, the costs of the City in administering the CFD and County charges, and shall the annual appropriations limit of the CFD be established in the amount of $500,000?
YES: __________
NO: __________
RESOLUTION CC 2022-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DECLARING RESULTS OF A SPECIAL LANDOWNER
ELECTION AND DIRECTING THE RECORDING OF A SPECIAL TAX
LIEN
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
WHEREAS, this City Council of the City of Covina (the “City Council”) adopted a resolution entitled “A Resolution of the City Council of City of Covina, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the City of Covina, Community Facilities District No. 2022-1 (Stormwater), (the “District”), defining the public services (the “Services”) to be provided by the District, authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and
WHEREAS, under the provisions of the Resolution of Formation, and pursuant to the resolution entitled “A Resolution of the City Council of the City of Covina Calling a Special Election for a Community Facilities District” (the “Resolution Calling the Election”) heretofore adopted by this City Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the District as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Resolution Calling the Election, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. The issues presented at the special election were the levy of a special tax within the District and the approval of an annual appropriations limit of $500,000 all pursuant to the Resolution of Formation.
SECTION 3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the District. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the District by more than two-thirds (2/3) of the votes cast at the special election.
Resolution CC 2022-35 Page 2 of 2
SECTION 4. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
SECTION 5. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Los Angeles a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the City Council.
SECTION 6. This Resolution shall take effect upon its adoption.
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 5th day of April, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, 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 2022-35 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of April, 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
Resolution CC 2022-35 Exhibit A
EXHIBIT A
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on April 5, 2022, I canvassed the returns of the election held on April 5, 2022, for the City of Covina, Community Facilities District No. 2022-1 (Stormwater) and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Covina, Community Facilities
District No. 2022-1 (Stormwater)
Special Tax Election, April 5, 2022 __6__ _____ _____ _____ BALLOT MEASURE: Shall the City of Covina be authorized to annually levy a special tax solely on lands within the Community Facilities District No. 2022-1 (Stormwater) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council on April 5, 2022, commencing in the City’s fiscal year 2022/23, to pay for the operation and maintenance of stormwater and appurtenant facilities, the costs of the City in administering the CFD and County charges, and shall the annual appropriations limit of the CFD be established in the amount of $500,000?
YES: __________
NO: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on April 5, 2022.
By:
Mary Lou Walczak, City Clerk
ORDINANCE 22-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
WHEREAS, this City Council of the City of Covina (the “City Council”) on March 1, 2022, adopted Resolution CC 2022-20 entitled “A Resolution of the City Council of City of Covina, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) has conducted proceedings (the “Proceedings”) to establish the City of Covina Community Facilities District No. 2022-1 (Stormwater) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) provide for the costs of operating and maintaining stormwater and appurtenant facilities (the “Services) as provided in the Act; and WHEREAS, the Resolution of Intention called for a public hearing to be held on April 5, 2022, and as part of the Proceedings, the City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of City of Covina, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and WHEREAS, on April 5, 2022, a special election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and
WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Los Angeles of a Notice of Special Tax Lien (the “Notice”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and
Ordinance 22-04 Page 2 of 3
levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2022/23 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.
SECTION 3. The City council is hereby further authorized each year, by resolution adopted as provided in Section 53340 of the Act, to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.
SECTION 4. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City of Covina in administering the District, and the costs of collecting and administering the Special Tax.
SECTION 6. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Director of Finance of the City of Covina is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Los Angeles in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Los Angeles for fiscal year 2022/23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City of Covina.
SECCTION 7. If for any reason any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the District, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the District shall not be affected.
SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation.
SECTION 9. This Ordinance shall take effect 30 days from the date of final passage.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law.
Ordinance 22-04 Page 3 of 3
PASSED, APPROVED and ADOPTED this ___ day of _________, 2022.
City Council of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-04 was introduced for first reading at a regular meeting on the 5th day of April, 2022.
Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ___ day of _________, 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
nbsgov.com
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Temecula, CA 92592
Toll free: 800.676.7516
Community Facilities District Report For:
Community Facilities District No. 2022-1
(Stormwater)
April 5, 2022
TABLE OF CONTENTS
1. Introduction ................................................................................................................... 1
2. Description of Services .................................................................................................... 2
2.1 Services ...................................................................................................................... 2
3. Cost Estimate.................................................................................................................. 3
3.1 Initial Maximum Amount Proposed to be Expended ................................................ 3
3.2 Anticipated Maximum Special Tax Revenue ............................................................. 3
4. Proposed Boundaries of the CFD ..................................................................................... 4
5. Rate and Method of Apportionment ............................................................................... 5
City of Covina
Community Facilities District No. 2022-1 (Stormwater) 1
1. INTRODUCTION
The City Council (the “City Council”) of the City of Covina (the “City”), State of California pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on March 1, 2022, adopted a resolution entitled “A Resolution of the City Council of City of Covina Declaring its Intention to Establish a Community Facilities District and to Authorized the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to form Community Facilities District No. 2022-1 (Stormwater) (the “CFD”).
In the Resolution of Intention, the City Council ordered the Director of Finance (the “Director”) of the City to prepare a written Community Facilities District Report (the “Report”) for the CFD.
The Resolution of Intention described certain services (the “Services”) to be financed by the CFD and directed that the Report be prepared.
For particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the City.
NOW, THEREFORE, I, the Director, hereby submit the following data:
1. DESCRIPTION OF SERVICES AND COST ESTIMATE: A general description of the authorized Services, including the cost estimate for such Services, and a listing of the incidental expenses related thereto, is shown in Section 2 and hereby made a part hereof.
2. PROPOSED BOUNDARIES OF THE CFD: The proposed boundaries of the CFD are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the Services.
The proposed boundaries of the CFD are described on the map of the CFD which is set forth in Section 3 and hereby made a part hereof.
3. RATE AND METHOD OF APPORTIONMENT: The Rate and Method of Apportionment for the CFD is set forth in Section 4 and hereby made a part hereof.
Dated as of ________________
By:
Director of Finance
City of Covina
Community Facilities District No. 2022-1 (Stormwater) 2
2. DESCRIPTION OF SERVICES
2.1 Services
It is intended that the CFD will be eligible to fund all or a portion of the costs of operating and maintaining stormwater and appurtenant facilities within or adjacent to the CFD as follows:
Services:
The services to be funded, in whole or in part, by the CFD include all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of CFD and areas adjacent to or in the vicinity of such areas. More specifically, the services shall include, but not be limited to, the maintenance of:
(i) stormwater and appurtenant facilities. The CFD may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by CFD are in addition to those provided in the territory of CFD before the date of creation of CFD and will not supplant services already available within that territory when CFD is created.
Administrative Expenses:
The administrative expenses to be funded by CFD include the direct and indirect expenses incurred by the City in carrying out its duties with respect to CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Los Angeles related to CFD or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to CFD or the services authorized to be financed by CFD, and expenses incurred by the City in undertaking action to pursue payment of special taxes which are delinquent, and all other costs and expenses of the City related to the CFD.
Other:
The incidental expenses that may be funded by CFD include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of CFD.
City of Covina
Community Facilities District No. 2022-1 (Stormwater) 3
3. COST ESTIMATE
3.1 Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the Services.
Description
2021/22
Maximum
Amount
Stormwater Facilities Maintenance $4,770.00
Replacement Reserve 33,949.59
CFD Administration 4,500.00
Rounding Adjustment 117.41
Total CFD Costs $43,337.00
3.2 Anticipated Maximum Special Tax Revenue
The initial maximum special tax rates are set forth in the Rate and Method of Apportionment for the CFD.
Based upon anticipated development, the anticipated initial maximum special tax revenue is as follows:
Property Type
2021/22 Maximum
Special Tax Rate
Total Anticipated
Maximum Special
Tax Revenue
Residential Property $287.00 per Dwelling Unit $43,337.00 Total $43,337.00
City of Covina
Community Facilities District No. 2022-1 (Stormwater) 4
4. PROPOSED BOUNDARIES OF THE CFD
The Boundary Map of the CFD is shown on the following page.
City of Covina
Community Facilities District No. 2022-1 (Stormwater) 5
5. RATE AND METHOD OF APPORTIONMENT
The Rate and Method of Apportionment for the CFD is shown on the following pages.
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(STORMWATER)
A Special Tax shall be levied and collected in the City of Covina Community Facilities District No. 2022-1 (Stormwater) (“CFD 2022-1”) each Fiscal Year, in an amount determined by the application of the procedures described below. All taxable property (as defined below) in CFD 2022-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2 as that may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. Accessory Dwelling Units are not considered Units for purposes of the Special Tax.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 2022-1: the costs of computing the Annual Special Tax Requirement, and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD 2022-1. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 2022-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2022-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 2022-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Dwelling Units or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “CFD 2022-1” means the City of Covina Community Facilities District No. 2022-1 (Stormwater), County of Los Angeles, State of California.
“CFD Administrator” means an official of the City, or designee or agent or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment. “City” means the City of Covina, County of Los Angeles, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 2022-1. “County” means the County of Los Angeles, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2022-1 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. “Dwelling Unit” means any individual single family detached or attached home, townhome, condominium, apartment, mobile home or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit shall not be considered a separate Dwelling Unit for purposes of calculating the Special Tax. “Exempt Property” means any property located within the boundaries of CFD 2022-1 which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Services Costs in any Fiscal Year that may apply to Taxable Property as described in Section III. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association.
“Property Owner’s Association Property” means any property within the boundaries of CFD 2022-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Maximum Special Tax are equal for all Assessors’ Parcels of Developed Property within CFD 2022-1. “Public Property” means any property within the boundaries of CFD 2022-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency. “Residential Property” means, in any Fiscal Year, all Parcels of Developed Property with one or more
permanent Dwelling Units, according to Assessor’s Data or as otherwise known by the CFD Administrator. “Special Tax(es)” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means a factor equal to 5% that will be applied annually after Fiscal Year 2021/22 to increase the Maximum Special Tax shown in Section III. “Taxable Property” means all Parcels within the boundary of CFD 2022-1 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act.
“Undeveloped Property” means all Parcels within CFD 2022-1 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD 2022-1 that have been granted a welfare exemption by the County pursuant to subdivision (g) of Section 214 of the Revenue and Taxation Code.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2022-1. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) which Parcels are Developed Property and Undeveloped Property; (ii) the number of Dwelling Units each Parcel contains; (iii) the property type; and (iv) the Annual Special Tax Requirement for the Fiscal Year.
III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2022-1 by the method shown below.
First. Determine the Annual Special Tax Requirement.
Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the Table 1 below to satisfy the Annual Special Tax Requirement.
Under no circumstances will the Special Tax on any Assessor’s Parcel of used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD 2022-1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2022/23*
Property Type
Maximum Special
Tax Rate Per
Residential Property $287.00 Dwelling Unit
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, or Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property in any Fiscal Year.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD 2022-1, and may collect delinquent Special Taxes through other available methods.
A Special Tax shall continue to be levied and collected commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied perpetually or for as long as required to satisfy the Annual Special Tax Requirement, as determined by the City.
VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit the Special Tax in future years.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Apr 05 2022
Title: Ordinance 22-03, Approving an Urgency Ordinance Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt, read by title only, and waive further reading of Urgency Ordinance 22-03, entitled, "An an Urgency Ordinance of the City Council of the City of Covina, California, Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones and Declaring the Urgency Thereof." BACKGROUND:
On September 6, 2021, Governor Newsom signed SB 9 into law. Named the "California Home Act,” SB 9 has the potential to alter the longstanding character of single-family zoned neighborhoods throughout California. The most significant part of this new law is that it grants ministerial approval of: (1) a one-time, two-lot subdivision (urban lot split) and subsequent development of up to two units per resulting lot (two-unit development); or, (2) development of up to four units on a lot that is not subdivided. Further, the proposed urban lot splits and the twounit development projects must meet specific qualifying location and development criteria. SB 9 became effective January 1, 2022, and supersedes Covina's local zoning regulations. However, the new law allows cities and counties to customize their subdivision and development standards as long as they do not conflict with state law.
Covina's existing zoning regulations are outdated and do not have sufficient standards to address the SB 9 urban lot split and two-unit developments regarding parking, privacy, scale, and development intensity. In addition, under SB 9, the City does not have the discretion to review and impose reasonable conditions on such SB 9 subdivisions and developments. Accordingly, establishing interim standards for qualifying SB 9 properties would provide the City with clear and measured regulations for how such development can occur while maintaining consistency with state law. It would also allow time for staff to prepare a permanent ordinance and provide recommendations for review by the Planning Commission and the City Council.
DISCUSSION:
Under SB 9, the State requires that local agencies allow Urban Lot Split (subdivision) and Two-unit Development by right. The following is a summary of the salient points of the new State law:
• Qualifying Criteria for both the Urban Lot Split and Two-unit development:
a. Applies to:
i. All single-family residential zone properties within an urbanized area. ii. Properties not in State or local historic district or a historic landmark. iii. Properties not designated as prime farmland or farmland of statewide importance or wetlands identified for conservation or under conservation easement or habitat for protected species.
b. The following properties cannot qualify unless they meet specific requirements:
i. Within a very high fire hazard severity zone,
ii. a hazardous waste site
iii. a delineated earthquake fault zone
iv. and/or within a 100-year floodplain or floodway.
c. Properties must not involve the following:
i. deed-restricted affordable housing for low or moderate incomes; ii. rent-controlled housing;
iii. housing on parcels with Ellis Act eviction within the last 15 years; iv. housing occupancy by a tenant currently or in the previous three years. • Additional Qualifying Criteria for Urban Lot Split (subdivision):
a. The new resulting two lots must have a ratio of 60% and 40% of the original lot size. b. In no case can the smaller lot be less than 1,200 square feet in size. c. The property is not adjacent to another lot split under SB 9 by the same owner or “any person acting in concert with the owner.”
d. The property was not created by a previous SB 9 lot split. • Additional Qualifying Criteria for Two-unit Development:
a. The project does not remove more than 25% of exterior walls on a building that currently has a tenant in the last three years.
• Under State Law, the following standards apply:
a. Must not preclude two units of at least 800 square feet each. b. Must follow local City's setbacks, height, lot coverage, and other development standards except that the side and rear yards cannot exceed 4 feet.
c. City may require one parking per unit, but no parking space required if the lot is within ½ mile of a "high quality transit corridor" or "major transit stop," or within one block of a carshare vehicle. d. Units created by SB 9 cannot be used for short-term rental. e. City may only impose objective zoning, subdivision, and design standards if the City adopts such regulations.
f. Lot split requires ministerial approval for a parcel map per the Subdivision Map Act. g. City may require easements to provide public services and facilities and access to or adjoin public right-of-way.
h. City cannot require right-of-way dedication or off-site improvements. i. Owner must sign an affidavit stating the intention to live in one of the units for a minimum of 3 years.
j. CEQA does not apply.
The implementation of SB 9 could have a negative impact regarding the privacy, parking, scale, and development intensity and could result in an unintended current and immediate threat to the public peace, health, welfare, and safety of the City’s single-family neighborhoods. A quick survey by staff found that some cities such as Pasadena, Rosemead, Arcadia, Rancho Palos Verdes, Garden Grove have adopted Urgency Ordinance to implement SB 9.
A few other cities like Santa Barbara and Dana Point have already amended the zoning code and subdivision ordinance that address SB 9. Staff believes that Covina must take action in adopting the Urgency Ordinance to implement SB 9 and be prepared for potential applications.
In addition to complying with SB 9, the Urgency Ordinance included additional (customized) objective standards for clarity. The following highlights a few of the objectives standards:
• No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. The two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. Examples are as follows:
a. one primary dwelling unit and one ADU (detached or attached); or b. one primary dwelling unit and one JADU; or
c. two dwelling units.
The combination of two dwellings units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.
• Minimum 800 square feet and up to a maximum of 1,000 square feet for each new primary dwelling unit.
• Each new primary dwelling unit shall be one story with a maximum building height of 16 feet. • Each resulting lot must adjoin the public right-of-way. Each resulting lot must have frontage on the public right-of-way of at least 20 feet. If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.
The attached Urgency Ordinance (Attachment A) lists all the interim regulations and objective standards in addressing SB 9. Staff recommends that the City Council adopt the Urgency Ordinance, which requires a fourfifths vote of the Council to be enacted. If adopted, the Ordinance would be in effect for up to 45-days, and the City Council can extend the Urgency Ordinance for ten months and 15 days by a subsequent four-fifths vote. If the City Council adopts an Urgency Ordinance at its April 5, 2022 meeting, staff will prepare a time extension of the Ordinance for the May 17, 2022 meeting. Such extension would require a duly noticed public hearing.
FISCAL IMPACT:
There are no direct budgetary impacts associated with the City Council adopting an Urgency Ordinance establishing interim regulations and objective standards for the subdivision and development of qualified SB 9 properties. Staff recommends that the Council direct staff to initiate an amendment to the zoning and subdivision codes and incorporate the objective zoning, subdivision, and design standards relating to SB 9 property development. There will be staff costs associated with this work.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating two-unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone.
ATTACHMENTS:
Attachment A - Urgency Ordinance 22-03
Attachment B - California Leglislative Information on SB-9 Attachment C - Examples of Development Scenarios Under SB 9 Respectfully submitted,
ORDINANCE 22-03
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COVINA, CALIFORNIA, ESTABLISHING REGULATIONS
PERTAINING TO TWO-UNIT RESIDENTIAL DEVELOPMENTS AND
URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES AND
DECLARING THE URGENCY THEREOF
WHEREAS, City of Covina (City) declares this urgency Ordinance to become effective on January 1, 2022, establishing regulations pertaining to two-unit residential developments and urban lot splits within single-family residential zones in the City pursuant to Senate Bill 9 (2021), which became effective on January 1, 2022. Senate Bill 9 (SB 9) requires the City to approve ministerially two-unit residential developments and urban lot splits within single-family residential districts subject to objective standards. This urgency ordinance establishes objective standards and regulations relating to lot configuration, unit size, height, setback, landscape, architectural review, among other things. The lack of such objective standards and regulations for two-unit residential developments and urban lot splits would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety. The regulations adopted by this urgency ordinance will remain in place until the Covina Municipal Code is amended to incorporate the standards contained in this Ordinance or such other or different standards as may be enacted by subsequent Ordinance of the City Council; and WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, as an urgency measure, an interim ordinance for the immediate preservation of the public peace, health, or safety; and
WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB 9"), which among other things, adds Section 65852.21 and 66411.7 to the Government Code enacting new limits on local authority to regulate urban lot splits and two-unit projects on land otherwise zoned for single-family development; and WHEREAS, SB 9 allows local agencies to adopt the objective design, development, and subdivision standards for two-unit residential developments and urban lot splits; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to regulate projects governed by SB 9 appropriately; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 9 because the City currently lacks adequate local objective standards to regulate projects governed by SB 9, meaning that if the City does not immediately adopt appropriate objective standards for two-unit residential developments and urban lot splits that are consistent with SB 9, then as of January 1, 2022, the City's review of such projects would be limited to the application of the few objective standards that currently exist in the Covina Municipal Code (including Title 17, Zoning and Title 16, Subdivisions), and which did not
Urgency Ordinance 22-03 Page 2 of 4
anticipate two-unit residential developments and urban lot splits in single-family residential zones as contemplated by SB 9, and thus the Municipal Code lacks the objective standards necessary to protect and preserve the local community; and
WHEREAS, the approval of two-unit residential developments and urban lot splits in single-family residential zones based solely on the default standards currently in the Covina Municipal Code, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
These threats to public safety, health, and welfare justify the adoption of this Ordinance as an urgency ordinance to be effective immediately upon four-fifths vote of the City Council; and WHEREAS, the City Council finds and declares that this Ordinance is necessary and appropriate to protect the health, safety, and general welfare of the community, and all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts outlined in the recitals above are true and correct and incorporated into this Ordinance as substantive findings of the City Council.
SECTION 2. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating two-unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
SECTION 3. The regulations attached to this Ordinance as Exhibit A are hereby adopted and incorporated herein by reference. This Ordinance (Exhibit A) shall govern the two-unit residential developments and urban lot splits processed according to the provisions of SB 9 until such time that the Covina Municipal Code is amended to incorporate the standards contained herein or such other or different standards as may be enacted by subsequent Ordinance of the City Council.