Covina City Council
July 19, 2022

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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022

REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, July 19, 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.

In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.

Remotely via Zoom: Access the meeting remotely via Zoom with one of the following devices:

Computer or Smart Device:

Error! Hyperlink reference not valid.
https://us02web.zoom.us/j/86876126663?pwd=MWJEb2Z5dHJTQUxIOUk4Slh6ZmQxdz09 Telephone:

Dial: +1 669 900 6833
Meeting ID: 868 7612 6663
Passcode: 114081
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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022

1. To request to speak during public comment, please click the “Raise Hand” button on the Zoom toolbar “Reactions” tab.

Note:

Computer / Smart Device Users: The “raise hand” feature is in the reactions tab.

Telephone Users: Press star-nine (*9) on your phone to raise your hand.

2. Staff will announce your name as listed on Zoom or the last four digits of your phone number when it is your turn to speak and unmute the microphone (audio only); speaker must be present when called to speak.

3. Please state your first and last name and city of residence at the beginning of your remarks for the record.

4. The microphone will be muted by staff when you have completed your comments or five (5) minutes have expired, whichever occurs first.

Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair 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 § 54957 – PUBLIC EMPLOYEE PERFORMANCE

EVALUATION
Title: City Manager
B. Government Code § 54957 – PUBLIC EMPLOYEE PERFORMANCE

EVALUATION
Title: City Attorney
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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 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: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair Walter Allen, III, and Mayor/Chair Patricia Cortez

PLEDGE OF ALLEGIANCE
Led by Councilmember King

INVOCATION
Given by Covina Police Chaplain Ron Butler

PRESENTATIONS
A. Recognition of Luke Ellison

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.

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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
CC 1. Minutes
Staff Recommendation:

Approve the Minutes of the July 5, 2022, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Agenda Item - CC 1
CC 2. Minutes
Staff Recommendation:

Approve the Minutes of the July 5, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Agenda Item - CC 2
CC 3. Payment of Demands
Staff Recommendation:

Approve Payment of Demands in the amount of $2,044,141.28 Agenda Report - CC 3 - Pdf
CC 4. Adopt Resolution CC 2022-70, A Resolution to Amend the Fiscal Year 2022-2023 Operating Budget to Accommodate the Reorganization of the Community Development Department and the Reclassification of Subject Positions Staff Recommendation:

Adopt Resolution CC 2022-70, authorizing budget adjustments for the reorganization of the Community Development Department, by eliminating the Community Development Administration Division Management Analyst Trainee position, and replacing it with the classification of Management Analyst and reclassifying the incumbent as such; vacating the Assistant Planner position within the Planning Division and replacing it with the Associate Planner position and reclassifying the incumbent as such; and creating a Part Time Office Assistant position within the Housing & Grants Division.

Agenda Report - CC 4 - Pdf
CC 5. Initiation of Proceedings for Annexation Levy and Collection of Annual Assessments Commencing with FY 2022/2023 Pursuant to Provisions of Part 2 of Division 15 of California Streets and Highways Code, Set Public Hearing for Protests in Relation Thereto, and Declaring Intention to Annex Territories to Covina Landscape District No. 1 – Zone 13 and Zone 14
Staff Recommendation:

1. Adopt Resolution CC 2022-78 initiating proceedings for the annexation of territory (Zone 13 and Zone 14) to Covina Landscape District No. 1 and the levy and collection of annual assessments related thereto commencing with FY DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
2022/2023, pursuant to the Provisions of Part 2 of Division 15 of California Streets and Highways Code; and

2. Adopt Resolution CC 2022-79 declaring the City’s intention to annex territory (Zone 13 and Zone 14), levy and collect annual assessments and call for a property owner protest proceedings for the Covina Landscape District No. 1.

Agenda Report - CC 5 - Pdf
CC 6. Second Amendment to Memorandum of Agreement with the San Gabriel Valley Council of Governments for Inspection Services for the Regional Edible Food Recovery Program
Staff Recommendation:

Authorize City Manager to execute a Second Amendment to the Memorandum of Agreement with the San Gabriel Valley Council of Governments towards the establishment of three sub-regional food hubs and provide for additional education/outreach materials for the Regional Edible Food Recovery Program through August 1, 2024, in an amount not-to-exceed $103,236.

Agenda Report - CC 6 - Pdf
CC 7. 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 - CC 7 - Pdf
CC 8. Resolution CC 2022-71 amending the Parks & Recreation and Library Services Department Fiscal Year 2022-23 Operating Budget to Increase the Revenue and Expenditure Allocation for the Rec and Read Covina Project Funded Through a California State Library Grant
Staff Recommendation:

Adopt Resolution CC 2022-71 amending the Parks & Recreation and Library Services Department Fiscal Year 2022-23 Operating Budget to increase the revenue and expenditure allocation for the Rec and Read Covina Project funded through a California State Library grant.

Agenda Report - CC 8 - Pdf
CC 9. Approval of Professional Services Agreement between the City of Covina and Interwest Consulting Group, Inc. for Planning Consulting Services with a Contract Amount Not to Exceed $400,000
Staff Recommendation:

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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
Approve Professional Services Agreement between the City of Covina and Interwest Consulting Group, Inc. for Planning Consulting Services.

Agenda Report - CC 9 - Pdf
CC 10. Award Professional Services Agreement with Elie Farah, Inc. for Professional Engineering Services Related to a Water Infiltration Feasibility Study for Three Street Segments within the Covina Town Center Specific Plan and Approve Resolution CC 2022-80 to Appropriate $5,200.00 from Measure W to Account 2510-5600-51990 to Pay for Services Related to the Study
Staff Recommendation:

Approve Professional Services Agreement with Elie Farah, Inc. for Professional Engineering services relating to a Water Infiltration Feasibility study for Three Street Segments Located within the Covina Town Center Specific Plan and Approve Resolution CC 2022-80.

Agenda Report - CC 10 - Pdf
CC 11. Award Professional Services Agreement with Elie Farah, Inc. for Professional Engineering Services related to a Water Infiltration Feasibility Study for the Potential Development of a Navigation Center
Staff Recommendation:

Approve Professional Services Agreement with Elie Farah, Inc. for Professional Engineering services relating to a Water Infiltration Feasibility study located at the proposed Navigation Center
Agenda Report - CC 11 - Pdf
CC 12. Speed Hump Installation Project on 2nd Avenue between Rowland Avenue to Workman Avenue – Award of Contract for Construction to WS Pave, Inc. in an Amount Not-to-Exceed $11,980
Staff Recommendation:

1. Approve recommendation from Traffic and Parking Advisory Commission for the installation of a speed hump on 2ndAvenue between Rowland Avenue and Workman Avenue;

2. Award a Contract for the Speed Hump Installation Project to WS Pave, Inc. as the responsible bidder in an amount not-to-exceed $11,980 and authorize the City Manager to execute the Contract; and

3. Authorize a project contingency amount of $1,200 (approximately 10%) to cover the cost of unforeseen construction expenses.

Agenda Report - CC 12 - Pdf
CC 13. Grand Avenue Street Rehabilitation Project – Award of Contract to Sully-Miller Contracting Co. in the Amount of $1,694,765
Staff Recommendation:

1. Approve plans and specifications for the Grand Avenue Street Rehabilitation Project;
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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022

2. Award a Contract for the Grand Avenue Street Rehabilitation Project to SullyMiller Contracting Co. as the lowest responsive and responsible bidder in the amount of $1,694,765 and authorize the City Manager to execute the Contract; and

3. Authorize a project contingency amount of $100,000 for any unforeseen construction expenses.

Agenda Report - CC 13 - Pdf
CC 14. Ordinance 22-11 for Zone Change (ZCH) 22-001 to Change the Official Zoning Map of the City of Covina Changing the Zoning District from M-1 (Light Manufacturing) to C-4 (Highway Commercial) for Property Located at 744 N. Grand Avenue – APN:
8428-022-016 - Second Reading and Adoption
Staff Recommendation:

Adopt on second reading Ordinance 22-11, “An ordinance of the City Council of the City of Covina, California, approving a Zone Change (ZCH) 22-001 to change the zoning classification for one parcel from M-1 Light Manufacturing Zone to C-4 Commercial Highway Zone (APN: 8428-022-016), and making a determination of exemption under CEQA”.

Agenda Report - CC 14 - Pdf
CC 15. Procurement of Sewer Inspection and Support Software Program - GraniteNet Asset Inspection and Decision Support Software & Equipment
Staff Recommendation:

1. Authorize the City Manager to finalize and execute an agreement with CUES, Inc. for the purchase of GraniteNet Asset Inspection including support software services and necessary equipment and;

2. Adopt Resolution CC 2022-72 to amend the Fiscal Year 2022-2023 Department of Public Works Budget to appropriate $90,712.10 from the Sanitary Sewer Fund Balance for the purchase of requisite software, hardware and related equipment.

Agenda Report - CC 15 - Pdf
CC 16. Approve Professional Services Agreement Between the City of Covina and Alarm Program Systems LLC for Alarm Management and Billing Services Staff Recommendation:

Authorize the City Manager or his designee to execute a Professional Services Agreement with Alarm Program Systems (APS) for alarm management and billing services.

Agenda Report - CC 16 - Pdf
CC 17. Installation of a Northbound & Southbound Two-Way Stop Control Intersection at North Glendora Avenue and East Wingate Street
Staff Recommendation:

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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
That the City Council approve the Traffic & Parking Advisory Commission’s recommendation for the installation of a Northbound and Southbound Two-Way Stop Control Intersection at North Glendora Avenue and East Wingate Street Agenda Report - CC 17 - Pdf
CC 18. Resolution CC 2022-73 Authorizing the Application for Grant Funds from the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy (RMC) Staff Recommendation:

Adopt Resolution CC 2022-73 authorizing the City of Covina to apply for grant funds from the San Gabriel and Lower Los Angeles Rivers and Mountain Conservatory for the Hollenbeck Park Urban Greening Revitalization Project Agenda Report - CC 18 - Pdf
CC 19. Professional Services Agreement with RKA Consulting Group for the Fenimore Avenue, Loma Vista & Calvados Avenue Water Main Replacement Project Staff Recommendation:

Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and RKA Consulting Group in an amount not-to-exceed $92,695 for design and engineering services pertaining to the Fenimore Avenue, Loma Vista & Calvados Avenue Water Main Replacement Project.

Agenda Report - CC 19 - Pdf
CC 20. Authorize the Purchase of Three (3) 2022 Ford Explorer SUVs Staff Recommendation:

Authorize the purchase of three (3) 2022 Ford Explorer SUVs and related equipment retrofits in the amount of $160,000.

Agenda Report - CC 20 - Pdf
CC 21. Approve a Professional Services Agreement with MasterCorp Services LLC for Janitorial Services
Staff Recommendation:

Authorize the City Manager or his designee to sign an agreement with MasterCorp Service LLC to provide janitorial services for the Covina Police Department.

Agenda Report - CC 21 - Pdf
CC 22. Professional Services Agreement with CEJ Engineers, Inc. for the Workman Avenue Street Rehabilitation Project
Staff Recommendation:

Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and CEJ Engineers, Inc. in an amount not-to-exceed $49,900 for design and engineering services pertaining to the Workman Avenue Street Rehabilitation Project.

Agenda Report - CC 22 - Pdf
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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
CC 23. Police Department Locker Room Renovation Project – Award of Contract for Design Services to EC+Associates Engineering, Inc. in the Amount of $98,870 Staff Recommendation:

Award a Contract for the Police Department Locker Room Renovation Project for design services to EC+Associates Engineering as the lowest responsive bidder in the amount of $98,870 and authorize the City Manager to execute the Contract.

Agenda Report - CC 23 - Pdf
CC 24. Request to Cancel the Regular City Council Meeting of August 2, 2022 Staff Recommendation:

That City Council consider canceling the regular scheduled City Council Meeting of August 2, 2022.

Agenda Report - CC 24 - Pdf
CC 25. Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference which Includes the Annual Business Meeting - September 7-9, 2022
Staff Recommendation:

1. Designate Mayor Pro Tem Walt Allen, III, as the voting delegate and Mayor Patricia Cortez as the alternate to represent the City at the Annual Business Meeting of the League of California Cities General Assembly; and

2. Direct the Deputy City Clerk to submit the required "Voting Delegate Form" to the League's Sacramento Office no later than September 2, 2022.

Agenda Report - CC 25 - Pdf
CONTINUED PUBLIC HEARINGS – None.

PUBLIC HEARINGS
PH 1. Adopt Resolutions Approving the Engineer’s Report for Levying Assessments on the Vehicle Parking District No. 1 for Fiscal Year 2023 and Confirming the Engineer’s Report Dated July 5, 2022 and Ordering the Levying and Collection of Assessments for Vehicle Parking District No. 1 for Fiscal Year 2023.

Staff Recommendation:

1. Conduct the public hearing and consider all testimony that may be presented;

2. Adopt Resolution CC 2022-75 approving the Engineer’s Report for levying assessments on the Vehicle Parking District No. 1 for Fiscal Year 2023; and

3. Adopt Resolution CC 2022-76 confirming the Engineer’s Report dated July 5, 2022 and ordering the levying and collection of assessments for Vehicle Parking District No. 1 for Fiscal Year 2023.

Agenda Report - PH 1 - Pdf
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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
PH 2. Adopt Resolution Confirming the Engineer’s Report dated July 5, 2022 and Ordering the Levying of Assessments on the Covina Lighting District No. 1978-79 for Fiscal Year 2023
Staff Recommendation:

1. Conduct the public hearing and consider all testimony that may be presented; and

2. Adopt Resolution CC 2022-74 confirming the Engineer’s Report dated July 5, 2022 and ordering the levying of assessments on the Covina Lighting District No. 1978-1979 for Fiscal Year 2023.

Agenda Report - PH 2 - Pdf
PH 3. Adopt Resolution Confirming the Engineer’s Report Dated July 5, 2022 and Ordering the Levying of Assessments on Covina Landscaping District No. 1 for Fiscal Year 2023
Staff Recommendation:

1. Conduct the public hearing and consider all testimony that may be presented; and

2. Adopt Resolution CC 2022-70 confirming the Engineer’s Report dated July 5, 2022 and ordering the levying of assessments on the Covina Landscaping District No. 1 for Fiscal Year 2023.

Agenda Report - PH 3 - Pdf
CONTINUED BUSINESS – None.

NEW BUSINESS
NB 1. Covina Recreation Village Project Status Update; and, Resolution CC 2022-77 – A Resolution of the City Council of the City of Covina Amending the 2022/2023 Fiscal Year Capital Improvement Plan (CIP) Budget to Appropriate $150,000 from the City’s Measure CC Funds to the Covina Recreation Village Project Accounts for the Purpose of Facilitating the Interior Improvement Plan for the Library Building Development and Performing Landscape Design Work for the “Library Garden and TotLot/Playground” of the Covina Recreation Village Project Located at 640 – 680 N.

Citrus Avenue
Staff Recommendation:

1. Amend the Agreement with GGA to increase the design and engineering services by an additional $150,000 for the Purpose of Facilitating the Interior Improvement Plan for the Library Building Development and Performing Landscape Design Work for the “Library Garden and Tot-Lot/Playground and maintain a 10% Design Contingency for a total amended maximum agreement amount of $1,187,220; and

2. Approval of Resolution CC 2022-77, Amending the 2022/2023 Fiscal Year Capital Improvement Plan (CIP) Budget to Appropriate $150,000 from the City’s Measure CC funds to the Covina Recreation Village Project Accounts as listed in the Resolution.

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City Council/CSA/CPFA/CHA Agenda Tuesday July 19, 2022
Agenda Report - NB 1 - Pdf
NB 2. Review of Draft of Local Cannabis Program Ordinance Staff Recommendation:

That the City Council:

1. Consider the draft ordinance and provide further direction; and

2. Consider Resolution CC 2022-78, appropriating funds to complete specialized services to further review a local program and authorize the City Manager to enter into professional services agreements to complete this work.

Agenda Report - NB 2 - 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, August 16, 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 the agenda for the July 19, 2022, meeting was posted on the City’s website and near the front entrances of: Covina City Hall, 125 East College Street, Covina, in accordance with California Government Code Section 54954.2(a).

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.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 1 of 2 July 5, 2022
MINUTES OF JULY 5, 2022

SPECIAL 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 Cortez called the Special Council/Agency/Authority meeting to order at 6:31 p.m. with all councilmembers present.

ROLL CALL
Councilmembers Present: John C. King, Victor Linares, Jorge A. Marquez, Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez.

Councilmembers Absent: None.

Elected Members Present: City Clerk Mary Lou Walczak
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, Public Works Director Andy Bullington, Deputy City Manager Angel Carrillo, and Interim Chief Deputy City Clerk Evelyn Leach.

PUBLIC COMMENTS – None.

NEW BUSINESS
NB 1. Recognition of Outgoing Elected Officials
Mayor Cortez requested City Manager Marcarello report on this item.

City Manager Marcarello indicated this evening was bittersweet with City Clerk Mary Lou Walczak and City Treasurer Geoff Cobbett, who have been experts in our community, leaving their positions. He expressed appreciation for their years of service. He added that Councilmember Marquez, who is also leaving his position on Council, has been a great asset to DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 2 July 5, 2022
the community and expressed appreciation for all he has done. Lastly, he stated there were a couple of surprises in recognition of their service and turned the meeting back to Mayor Cortez.

Mayor Cortez opened the meeting up to City Councilmembers who wished to speak.

Councilmembers, King and Linares and Mayor Pro Tem Allen thanked City Treasurer Geoff Cobbett and City Clerk Mary Lou Walczak for all their years of service. In addition, they thanked Councilmember Marquez for his leadership and love for the community.

Mayor Cortez provided an overview of the tenures of Councilmember Marquez, City Clerk Walczak and Treasurer Cobbett. She added that in recognition of their service special street name signs were being presented to them along with Covinaopoly game and a special gift for Councilmember Marquez – a Teenage Mutant Ninja Turtle t-shirt.

Mayor Cortez invited representatives from the following offices: Carrie Lam, Congresswoman Grace Napolitano office; Giselle Sorial, Senator Susan Rubio’s office; Julissa Zepeda and Danaee Amaya, Assemblymember Blanca Rubio’s office. Each representative presented certificates of appreciation to City Clerk Walczak, City Treasurer Cobbett, and Councilmember Marquez.

Charter Oak Unified School District Board of Directors, Greg Peterson and Janet Flores recognized City Clerk Walczak, City Treasurer Cobbett, and Councilmember Marquez for their service. Ryan Serrano, from the office of Supervisor Hilda Solis also presented certificates of appreciation to the outgoing officials.

Police Chief Povero provided an overview of his interaction with all three individuals and presented them with mementos of their time at the city.

City Clerk Walczak, City Treasurer Cobbett, and Councilmember Marquez thanked everyone for their support and expressed their appreciation for the recognition.

Mayor Cortez invited everyone to join Council for a small reception with cake in the Council Chamber.

ADJOURNMENT
At 7:18 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 5, 2022, at 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.

Respectfully Submitted:

__________________________________
Evelyn Leach, MMC
Interim Chief Deputy City Clerk
Approved this 19th day of July, 2022:
________________________________
Patricia Cortez, Mayor/Chair
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COUNCIL/CSA/CPFA/CHA MINUTES Page 1 of 6 July 5, 2022
MINUTES OF JULY 5, 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 Cortez called the Regular Council/Agency/Authority meeting to order at 7:37 p.m. with all councilmembers present.

ROLL CALL
Councilmembers Present: John C. King, Victor Linares, Jorge A. Marquez, Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez.

Councilmembers Absent: None.

Elected Members Present: City Clerk Mary Lou Walczak
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 Interim Chief Deputy City Clerk Evelyn Leach.

PLEDGE OF ALLEGIANCE
Led by Councilmember Linares

INVOCATION
Given by Covina Police Chaplain Ron Butler
PRESENTATIONS – None.

PUBLIC COMMENTS – None.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 6 July 5, 2022

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmembers provided comments and expressed appreciation to the Rotary Club for their involvement in the City’s successful July 4th events.

Mayor Cortez welcomed all family and friends who were present to support newly elected as well as outgoing elected officials.

CITY MANAGER COMMENTS
City Manager Marcarello requested Council consider moving New Business items NB 1 and NB 2 to be considered at this time.

NEW BUSINESS
NB 1. Resolution CC 2022-69 Declaring the Results and Reciting the Fact of the Covina General Municipal Election Held June 7, 2022.

City Manager Marcarello reported on this item. He indicated that Council has before them consideration of final results of the June 7, 2022, City of Covina General Municipal Election.

The canvass was completed by LA County Registrar and the results were received this afternoon.

A copy of those results is on the dais. We are confirming the results of candidates for the offices of Council District 1, 3, and 5 as well as City Clerk and City Treasurer. He added that the agenda report that went out last Thursday included a templet resolution with certain areas left blank waiting for final information from the County. Staff is recommending adopting Resolution CC 2022-69 Declaring the Results and Reciting the Fact of the Covina General Municipal Election held June 7, 2022.

A motion was made by Councilmember Marquez, seconded by Councilmember King, to approve New Business item NB 1 as presented.

Motion approved by roll call vote for New Business item NB 1 as follows:

AYES: KING, LINARES, MARQUEZ, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
NB 2. Installation of Officers.

Mayor Cortez stated that Installation of Officers will be held at this time by having newly elected officials take their Oaths of Office:

The following newly elected officers were administered the Oath of Office:
 City Councilmember Elect District 1, Hector Delgado – Oath administered by Councilmember Jorge Marquez
Councilmember Delgado took his seat at the dais.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 3 of 6 July 5, 2022
 City Councilmember Elect District 3, Victor Linares – Oath administered by Sylvia Linares
 City Councilmember Elect District 5, John King – Oath administered by Debbie King Mayor Cortez asked Councilmember Delgado if he would like to make any comments.

Councilmember Delgado thanked everyone who supported his campaign and thanked outgoing Councilmember Jorge Marquez, City Clerk, Mary Lou Walczak, and City Treasurer, Geoff Cobbett for their service. In addition, he congratulated Councilmembers King and Linares on their reelection. He also congratulated newly elected City Clerk Drew Aleman and City Treasurer Neil Polzin.
 City Clerk Elect Andrew Aleman – Oath administered by Former Councilmember Jorge Marquez
Outgoing City Clerk Walczak departed her seat and newly elected City Clerk Aleman took his seat.

Mayor Cortez welcomed City Clerk Aleman and asked if he would like to say a few words.

City Clerk Aleman thanked Mayor Cortez for the opportunity to speak. He indicated he was excited to work with Council and thanked his family and friends for their support.  City Treasurer Elect Neil Polzin – Oath administered by Lauren Polzin Mayor Cortez asked City Treasurer Polzin if he would like to say a few words.

City Treasurer Polzin thanked his supporters for their help with the election. He also thanked his wife for her support.

CONSENT CALENDAR
A motion was made by Councilmember Linares, seconded by Mayor Pro Tem Allen, to approve Consent Calendar items CC 1 – 15 as presented.

Motion approved by roll call vote for Consent Calendar items CC 1 – 15 as follows:

AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
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 June 21, 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 June 21, DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 4 of 6 July 5, 2022
2022, Special Study Session Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority joint with the Finance Advisory Commission.

CC 3. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the June 21, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 4. City Council/Successor Agency to the Covina Redevelopment Agency approved Payment of Demands in the amount of $2,105,224.70.

CC 5. Adopted Resolution CC 2022-67 Ordering the Engineer’s Report and Resolution CC 2022-68 Approving the Engineer’s Report and Declaring the Intent to Levy and Collect Assessments on Covina Landscaping District No. 1 for Fiscal Year 2023 and Set Public Hearing for Protests in Relation Thereto.

CC 6. Adopted Resolution CC 2022-64.1 Ordering the Engineer’s Report and Resolution CC 2022-65 Approving the Engineer’s Report and Declaring the Intent to Levy and Collect Assessments for Covina’s Lighting District No. 1978-79 for Fiscal Year 2023 and Set Public Hearing for Protests in Relation Thereto.

CC 7. Adopted Resolution CC 2022-66 Declaring the Intent to Levy and Collect Assessments on Vehicle Parking District No. 1 for Fiscal Year 2023 and Set Public Hearing for Protests in Relation Thereto.

CC 8. Bus Shelter Installation Project – Award of Contract to E.C. Construction, Co. for an Amount Not-to-Exceed $128,400.

CC 9. Approval of Citywide Street Sweeping Sign Pilot Program.

CC 10. Cougar Park Parking Improvement Project – Award of Contract for construction to E.C. Construction, Co. for an Amount of $112,215.

CC 11. Front Street Water Main Installation Project – Award of Contract to Gentry Brothers, Inc. for an Amount Not-to-Exceed $398,600.00.

CC 12. Police Department Generator Installation Project – Award of Contract for Design Services to CEJ Engineers, Inc. in the amount of $50,000.

CC 13. Ordinance 22-09 for Zoning Code Amendment (ZCA) 22-001 to Amend Chapter

17.32 (“Residential Recreation”) of Title 17 (Zoning) of the Covina Municipal Code to Add On-site Sale of Beer and Wine, Accessory to a Permitted Use, as a Conditionally Permitted Use - Second Reading and Adoption.

CC 14. Ordinance 22-10 Amending Title 13 of the Covina Municipal Code Pertaining to Water Conservation for Water Services Provided by the City - Second Reading and Adoption.

CC 15. City Wide Pavement Management Program Update. Award contract for preparation of the City-Wide Pavement Management Program Update to Bucknam Infrastructure Group, Inc. in the amount of $53,497 and authorize the City Manager to execute the contract.

DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 5 of 6 July 5, 2022

PUBLIC HEARING
PH 1. Ordinance 22-11 for Zone Change (ZCH) 22-001 to Change the Official Zoning Map of the City of Covina Changing the Zoning District from M-1 (Light Manufacturing) to C-4 (Highway Commercial) for Property Located at 744 N. Grand Avenue – APN:
8428-022-016.

Mayor Cortez opened the public hearing.

The agenda report was provided by Assistant Planner Megan Wu.

There were no public comments, therefore Mayor Cortez closed the public hearing.

Questions and discussion followed.

A motion was made by Councilmember Delgado, seconded by Councilmember Linares, to approve Public Hearing item PH 1 as presented.

Motion approved by roll call vote for Public Hearing item PH 1 as follows:

AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Attorney Lee read the title of Ordinance 22-11 into record.

CONTINUED BUSINESS – None.

NEW BUSINESS
NB 3. Creation of City Council Ad-Hoc Committee to Review City Council Procedural Guidelines and Policies.

City Manager Marcarello reported on this item. He indicated that a request was made at the last council meeting to authorize the formation of an Ad-Hoc Committee to review Council Procedural Guidelines and Policies and appointment of two Council Members to serve on the committee.

Following brief discussion, Mayor Cortez appointed Mayor Pro Tem Allen and Councilmember Delgado to the Ad-Hoc Committee to review City Council Procedural Guidelines and Policies.

A motion was made by Councilmember Linares, seconded by Mayor Pro Tem Allen, to appoint Mayor Pro Tem Allen and Councilmember Delgado to the Ad Hoc Committee.

Motion approved by roll call vote for New Business item NB 3 as follows:

AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 6 of 6 July 5, 2022

ADJOURNMENT
At 8:23 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in memory of City of Duarte Councilmember Tzeitel Paras-Caracci, to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 19, 2022, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.

Respectfully Submitted:
__________________________________
Evelyn Leach, MMC
Interim Chief Deputy City Clerk
Approved this 19th day of July, 2022:
________________________________
Patricia Cortez, Mayor/Chair
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: CC Regular Meeting - Jul 19 2022
Title: Payment of Demands
Presented By: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $2,044,141.28 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 June 17, 2022 - June 30, 2022 CITY checks/EFTs $ 1,068,576.46
CITY payroll $ 952,483.67
CITY voids $ -
Worker's Comp $ 17,537.49
$ 2,038,597.62
SACRA checks/EFTs $ 1,133.78
SACRA payroll $ 4,409.88
$ 5,543.66
TOTAL checks/EFTs $ 2,044,141.28
DISCUSSION:

The attached reports have been reviewed 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 June 17, 2022 - June 30, 2022 Respectfully submitted,

CITY OF COVINA
Check Register
Jun 17, 2022 - Jun 30, 2022
Check # Check Date Vendor Name Amount
5809 06/23/2022 4160 ICMA RETIREMENT TRUST-IRA 30.00
5810 06/23/2022 1405 ICMA RETIREMENT TRUST-457 5,598.13 5811 06/23/2022 4003 MidAmerica 2,463.76
5812 06/23/2022 2033 NATIONWIDE RETIREMENT SOLUTIONS 12,509.00 5813 6/30/2022 283 BANK OF THE WEST 16,881.47
20541 06/23/2022 788 COVINA, CITY OF 46,600.09
20542 06/22/2022 789 COVINA-FSA, CITY OF 868.18
20543 06/23/2022 1247 GREAT WEST LIFE & ANNUITY 4,400.00 subtotal EFT/wires/direct deposits $89,350.63
104280 01/14/2021 99999 ANDRES MACHADO (31.00)
104760 02/18/2021 99999 ANNA MOSQUEDA (75.00)
104762 02/18/2021 99999 COURTNEY RODRIGUEZ (45.00)
104770 02/18/2021 99999 JESSICA RAMOS (101.00)
104771 02/18/2021 99999 KYLE FESTEJO ALCUDIA (45.00)
104773 02/18/2021 99999 LINDA KAO (33.00)
104779 02/18/2021 99999 MARTIN VARELA JR (30.00)
104790 02/18/2021 99999 VINCENZO J. INMON (9.00)
105117 03/11/2021 99999 CHARTER COMMUNICATIONS, LLC (45.00) 105136 03/11/2021 99999 MARCO PAREDES (80.00)
105147 03/11/2021 99999 RICHARD GONZALEZ (101.00)
105148 03/11/2021 99999 RICHARD GONZALEZ (101.00)
105149 03/11/2021 99999 RICHARD GONZALEZ (101.00)
105361 03/25/2021 99999 MARIA TEJEDA (50.00)
105513 04/08/2021 99999 FUSTINO ISLAS (45.00)
105529 04/08/2021 99999 LORETTA D. MALDONADO (85.00)
105540 04/08/2021 99999 SHAWN R MORRIS (45.00)
105818 04/29/2021 99999 JACQUELINE ZAVALA (45.00)
105822 04/29/2021 99999 MANSOUR AWAD (90.00)
110693 04/14/2022 5075 Amalia Q. Seresinghe (662.20)
111240 05/18/2022 5075 Amalia Q. Seresinghe (1,986.60)
111603 06/09/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS (3,902.20) 111604 06/09/2022 69 AFSCME District Council 36 (676.73) 111605 06/09/2022 3846 CLEA (893.50)
111606 06/09/2022 775 COVINA POLICE ASSOCIATION (2,900.00) 111607 06/09/2022 878 DELTA DENTAL OF CALIFORNIA (8,358.37) 111608 06/09/2022 4710 Fidelity Security Life Insurance Company (918.00) 111610 06/09/2022 3795 PRE-PAID LEGAL SERVICES, INC (139.52) 111611 06/09/2022 2235 PERS LONG TERM CARE PROGRAM (191.04) 111612 06/09/2022 4255 RELIASTAR LIFE INSURANCE COMPANY (4,162.50) 111613 06/09/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY (33.38) 111703 06/23/2022 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 111704 06/23/2022 4188 ACCO ENGINEERED SYSTEMS 2,638.59 111705 06/23/2022 5000 Advanced Applied Engineering, Inc. 10,870.50 111706 06/23/2022 58 ADVANTAGE 13,546.90
111707 06/23/2022 4829 Alicia A. Flores 63.50
111708 06/23/2022 5075 Amalia Q. Seresinghe 2,693.60
111709 06/23/2022 158 AMERICAN TRAFFIC SOLUTIONS 16,185.00 111710 06/23/2022 219 AT&T 774.15
111711 06/23/2022 219 AT&T 23.36
111712 06/23/2022 219 AT&T 72.83
111713 06/23/2022 254 AZUSA LIGHT & WATER 3,023.48
Attachment A Page 1 of 5 Page 2 of 6

CITY OF COVINA
Check Register
Jun 17, 2022 - Jun 30, 2022
Check # Check Date Vendor Name Amount
111714 06/23/2022 269 BAKER AND TAYLOR INC 2,251.84
111715 06/23/2022 4643 Bear Electrical Solutions, Inc. 2,945.00 111716 06/23/2022 381 BOOMERANG BLUEPRINT 711.19
111717 06/23/2022 4438 CALIFORNIA COMPUTER SCHOOLS, INC 105.00 111718 06/23/2022 4854 CEJ Engineers, Inc. 7,920.00
111719 06/23/2022 617 CHARTER OAK GYMNASTICS INC 2,234.40 111720 06/23/2022 649 CINTAS CORP #693 841.38
111721 06/23/2022 4714 CIR, Inc. 42,556.19
111722 06/23/2022 654 CITRUS CAR WASH 300.00
111723 06/23/2022 703 COMBINED GRAPHICS 2,838.47
111724 06/23/2022 707 COMMERCIAL ELECTRIC SYSTEMS 560.00 111725 06/23/2022 3235 COOK, SHAWNA 1,046.45
111726 06/23/2022 749 THE COUNSELING TEAM 1,085.00
111727 06/23/2022 783 CITY OF COVINA WATER 337.44
111728 06/23/2022 849 DAPEER ROSENBLIT & LITVAK LLP 12,964.30 111729 06/23/2022 3701 DEPARTMENT OF JUSTICE 471.00
111730 06/23/2022 894 DF POLYGRAPH 700.00
111731 06/23/2022 970 EDISON CO 3,448.89
111732 06/23/2022 4885 ELIE FARAH 8,751.50
111733 06/23/2022 4455 FRONTIER 749.50
111734 06/23/2022 1156 THE GAS COMPANY 2,502.31
111735 06/23/2022 4883 Glendora Employment Agency, Inc 1,735.80 111736 06/23/2022 4567 Glendora Gardens Nursery 278.85
111737 06/23/2022 1204 GOLDEN STATE WATER COMPANY 64.26 111738 06/23/2022 1241 GRAND PRINTING 254.46
111739 06/23/2022 1275 HAAKER EQUIPMENT CO 3,345.44
111740 06/23/2022 1361 HOLLIDAY ROCK CO INC 283.34
111741 06/23/2022 1387 HUNTER, JOHN L. 2,587.20
111742 06/23/2022 3988 LANDSCAPE WAREHOUSE III 355.37
111743 06/23/2022 1397 HYNES, MELODY 82.55
111744 06/23/2022 4077 INTERWEST CONSULTING GROUP INC 32,395.00 111745 06/23/2022 3749 JCL BARRICADE COMPANY 888.58
111746 06/23/2022 1646 LANGUAGE LINE SERVICES INC 97.76 111747 06/23/2022 3190 LAYNE, JONATHAN DANIEL 455.00
111748 06/23/2022 1694 LEWIS ENGRAVING INC 35.28
111749 06/23/2022 1792 MANNING & MARDER KASS, 15,392.50 111750 06/23/2022 3932 ARLENE D. MAR 147.00
111751 06/23/2022 4089 MEASOM, DEVIN THOMAS 291.90
111752 06/23/2022 4833 Michael R. Hillmann 7,020.00
111753 06/23/2022 1933 MISSION LINEN SUPPLY 13.20
111754 06/23/2022 4824 Occu-Med, Ltd. 1,708.00
111755 06/23/2022 99999 BRIAN LEE 34.24
111756 06/23/2022 99999 GREENBERG FARROW 2,843.66
111757 06/23/2022 99999 iPermit 100.40
111758 06/23/2022 99999 JESSE A ARANA 275.00
111759 06/23/2022 4535 OSWALDO MONROY 7,502.60
111760 06/23/2022 2255 PHONE SUPPLEMENTS INC 654.31
111761 06/23/2022 2275 POIRIER, ROBERT 140.00
111762 06/23/2022 2415 REPUBLIC MASTER CHEFS 555.79
111763 06/23/2022 4350 RKA Consulting Group 27,494.15
111764 06/23/2022 5233 RODENT PEST TECHNOLOGIES 250.00
Attachment A Page 2 of 5 Page 3 of 6

CITY OF COVINA
Check Register
Jun 17, 2022 - Jun 30, 2022
Check # Check Date Vendor Name Amount
111765 06/23/2022 2510 S & S WORLDWIDE INC 48.49
111766 06/23/2022 2616 SGV COUNCIL OF GOVERNMENTS 23,848.23 111767 06/23/2022 2619 SGV EXAMINER 874.50
111768 06/23/2022 5205 ANTHRO INTERNATIONAL 460.74
111769 06/23/2022 3595 SOPHIA HERRERA 210.07
111770 06/23/2022 2719 SPARKLETTS 73.36
111771 06/23/2022 4928 Springstead & Associates, Inc. 12,000.00 111772 06/23/2022 2729 SPRINT 100.00
111773 06/23/2022 2737 STAPLES INC 853.53
111774 06/23/2022 2800 T MOBILE USA 100.00
111775 06/23/2022 2846 THOMAS, TERRI 799.72
111776 06/23/2022 2855 CHARTER COMMUNICATION 472.69
111777 06/23/2022 3185 TOSHIBA FINANCIAL SERVICES 1,216.30 111778 06/23/2022 2942 UNITED SITE SERVICES OF CA INC 1,174.18 111779 06/23/2022 3001 VERIZON WIRELESS 1,733.54
111780 06/23/2022 4804 Vihulu L. Villagran 303.96
111781 06/23/2022 3070 WEST COAST ARBORISTS INC 4,704.00 111782 06/23/2022 4921 West Coast Shopping Cart Service, Inc. 500.00 111783 06/23/2022 3078 THOMSON REUTERS - WEST 403.35
111784 06/23/2022 3274 WILLDAN ENGINEERING 315.00
111785 06/23/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 3,520.18 111786 06/23/2022 69 AFSCME District Council 36 610.95
111787 06/23/2022 3846 CLEA 918.00
111788 06/23/2022 775 COVINA POLICE ASSOCIATION 3,000.00 111789 06/23/2022 878 DELTA DENTAL OF CALIFORNIA 8,114.33 111790 06/23/2022 4710 Fidelity Security Life Insurance Company 874.04 111791 06/23/2022 1106 FRANCHISE TAX BOARD 610.53
111792 06/23/2022 3795 PRE-PAID LEGAL SERVICES, INC 139.48 111793 06/23/2022 2235 PERS LONG TERM CARE PROGRAM 191.04 111794 06/23/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,133.28 111795 06/23/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY 33.38 111796 06/27/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 3,902.20 111797 06/27/2022 69 AFSCME District Council 36 676.73
111798 06/27/2022 3846 CLEA 893.50
111799 06/27/2022 775 COVINA POLICE ASSOCIATION 2,900.00 111800 06/27/2022 878 DELTA DENTAL OF CALIFORNIA 8,358.37 111801 06/27/2022 4710 Fidelity Security Life Insurance Company 918.00 111802 06/27/2022 3795 PRE-PAID LEGAL SERVICES, INC 139.52 111803 06/27/2022 2235 PERS LONG TERM CARE PROGRAM 191.04 111804 06/27/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,162.50 111805 06/27/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY 33.38 111806 06/30/2022 32 ACE-1 AUTO SERVICE 1,649.98
111807 06/30/2022 4209 ADLERHORST INTERNATIONAL 199.34
111808 06/30/2022 4374 ADMINSURE, INC 6,686.70
111809 06/30/2022 52 ADVANCED GRAPHIX INC 1,078.00
111810 06/30/2022 82 AIR-BREE HEATING 334.64
111811 06/30/2022 84 AIRGAS-WEST 732.99
111812 06/30/2022 113 ALL CITY MANAGEMENT SVC 10,384.04 111813 06/30/2022 219 AT&T 424.69
111814 06/30/2022 219 AT&T 288.75
111815 06/30/2022 255 AZUSA PLUMBING & HEATNG SUPPLY 133.34 Attachment A Page 3 of 5 Page 4 of 6

CITY OF COVINA
Check Register
Jun 17, 2022 - Jun 30, 2022
Check # Check Date Vendor Name Amount
111816 06/30/2022 260 B & K ELECTRIC WHOLESALE 135.92
111817 06/30/2022 304 BAXTER'S FRAME WORKS 80.81
111818 06/30/2022 4643 Bear Electrical Solutions, Inc. 15,234.50 111819 06/30/2022 333 BERLITZ LANGUAGES, INC. 50.00
111820 06/30/2022 354 BIOMETRICS4ALL INC 800.04
111821 06/30/2022 3771 BLACK & WHITE EMERGENCY VEHICLES 300.00 111822 06/30/2022 4475 BLUERAY MANAGEMENT 34,454.25
111823 06/30/2022 381 BOOMERANG BLUEPRINT 525.01
111824 06/30/2022 437 BURRO CANYON ENT INC 20.00
111825 06/30/2022 568 CAT SPECIALTIES INC 562.61
111826 06/30/2022 4854 CEJ Engineers, Inc. 6,220.00
111827 06/30/2022 649 CINTAS CORP #693 841.38
111828 06/30/2022 649 CINTAS CORP #693 560.92
111829 06/30/2022 664 CIVILTEC ENGINEERING INC. 5,812.50 111830 06/30/2022 5022 Colantuono, Highsmith & Whatley, PC 152.78 111831 06/30/2022 703 COMBINED GRAPHICS 1,197.31
111832 06/30/2022 749 THE COUNSELING TEAM 106.00
111833 06/30/2022 5227 LAURA DEASON 8,000.00
111834 06/30/2022 4954 Demsey, Filliger & Associates, Inc. 750.00 111835 06/30/2022 970 EDISON CO 6,155.60
111836 06/30/2022 4246 FERGUSON WATERWORKS #1083 4,396.48 111837 06/30/2022 1055 FEDEX 21.43
111838 06/30/2022 5237 FOOTHILL CHAPTER - I.C.C. 50.00
111839 06/30/2022 4455 FRONTIER 88.98
111840 06/30/2022 1156 THE GAS COMPANY 26.34
111841 06/30/2022 3163 GENTRY BROTHERS INC 113,544.95
111842 06/30/2022 4883 Glendora Employment Agency, Inc 336.76 111843 06/30/2022 1235 GRAINGER 1,193.54
111844 06/30/2022 1241 GRAND PRINTING 972.18
111845 06/30/2022 4582 USABLUEBOOK 360.70
111846 06/30/2022 1352 HINDERLITER DELLAMAS & ASSOC 300.00 111847 06/30/2022 1361 HOLLIDAY ROCK CO INC 749.89
111848 06/30/2022 4925 Humane Society of Pomona Valley, Inc. 24,676.50 111849 06/30/2022 3988 LANDSCAPE WAREHOUSE III 18.73
111850 06/30/2022 3749 JCL BARRICADE COMPANY 1,310.54
111851 06/30/2022 1505 JOHNNY'S POOL SERVICE 49.60
111852 06/30/2022 1531 JW LOCK CO INC 114.66
111853 06/30/2022 1612 LA CNTY DEPT OF PUBLIC WORKS 399.12 111854 06/30/2022 1612 LA CNTY DEPT OF PUBLIC WORKS 2,684.54 111855 06/30/2022 1615 REGIONAL TAP SERVICE CENTER 100.00 111856 06/30/2022 1619 LA CNTY SHERIFF'S DEPT 380.05
111857 06/30/2022 4694 Leslie's Poolmart Inc 469.32
111858 06/30/2022 4156 LEVERAGE INFORMATION SYSTEMS, INC. 38,879.79 111859 06/30/2022 1694 LEWIS ENGRAVING INC 87.11
111860 06/30/2022 4874 MARIA E. VELOSCO BEDRAN 3,165.14 111861 06/30/2022 5137 MasterCorp Commercial Services LLC 3,926.67 111862 06/30/2022 4717 Merchants Landscape Services, Inc. 20,444.38 111863 06/30/2022 4821 MGT of America, LLC 8,340.00
111864 06/30/2022 1933 MISSION LINEN SUPPLY 26.40
111865 06/30/2022 5228 ODP BUSINESS SOLUTIONS, LLC 3,502.12 111866 06/30/2022 99999 BELAI ZEWDU 4,000.00
Attachment A Page 4 of 5 Page 5 of 6

CITY OF COVINA
Check Register
Jun 17, 2022 - Jun 30, 2022
Check # Check Date Vendor Name Amount
111867 06/30/2022 99999 CELIA VELAZQUEZ 265.00
111868 06/30/2022 99999 PRISCILLA ABRAHAMS 45.00
111869 06/30/2022 4688 PCAM, LLC 37,555.97
111870 06/30/2022 2270 PLUMBING WHOLESALE OUTLET 147.39 111871 06/30/2022 5112 Procure America, Inc 483.29
111872 06/30/2022 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 3,509.43 111873 06/30/2022 2312 PROFORCE MARKETING, INC 2,278.22 111874 06/30/2022 2345 QUILL 247.95
111875 06/30/2022 2407 REGIONAL TAP SERVICE CENTER 436.50 111876 06/30/2022 2415 REPUBLIC MASTER CHEFS 161.48
111877 06/30/2022 3796 RICHARDS, WATSON & GERSHON 629.20 111878 06/30/2022 5138 Ricoh USA, Inc. 299.63
111879 06/30/2022 2651 SIGN A RAMA COVINA 398.00
111880 06/30/2022 5117 Steam It All LLC 550.00
111881 06/30/2022 2752 STEPHEN DORECK EQUIPMENT RENTALS INC 118,099.72 111882 06/30/2022 3729 SUNBELT RENTALS INC 711.21
111883 06/30/2022 4738 Support Solutions, Inc. 2,729.37 111884 06/30/2022 5045 CONVERSE CONSULTANTS 1,004.10
111885 06/30/2022 2852 THREE VALLEY MUN WATER DISTR 7,214.67 111886 06/30/2022 2855 CHARTER COMMUNICATION 380.38
111887 06/30/2022 2855 CHARTER COMMUNICATION 39.99
111888 06/30/2022 4764 UniFirst Corporation 1,294.45
111889 06/30/2022 2942 UNITED SITE SERVICES OF CA INC 3,550.00 111890 06/30/2022 4247 UNITED WATER WORKS INC 376.02
111891 06/30/2022 2954 URBAN GRAFFITI ENTERPRISES INC 4,760.55 111892 06/30/2022 2966 V & V MANUFACTURING 767.01
111893 06/30/2022 5081 Veolia ES Technical Solutions, LLC 174.08 111894 06/30/2022 4869 VERITEXT, LLC 727.80
111895 06/30/2022 4065 VERIZON BUSINESS SERVICES 813.60 111896 06/30/2022 3004 VICTORY EXTERMINATING INC 65.00
111897 06/30/2022 3023 VULCAN MATERIALS COMPANY 1,395.84 111898 06/30/2022 3052 WATERLINE TECHNOLOGIES INC 2,617.34 111899 06/30/2022 3621 WAXIE ENTERPRISES INC 533.16
111900 06/30/2022 4488 WILCOX SUPPLY INC 5,408.10
111901 06/30/2022 3274 WILLDAN ENGINEERING 400.00
111902 06/30/2022 3117 WONDRIES FLEET GROUP 115,769.22
111903 06/30/2022 3152 YWCA 4,883.44
subtotal checks $ 980,359.61
voids (prior to current mo.) $ -
payroll (6/23/22) $ 956,893.55
workers' compensation $ 17,537.49
TOTAL checks/EFTs $2,044,141.28
Attachment A Page 5 of 5 Page 6 of 6
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: CC Regular Meeting - Jul 19 2022
Title: Adopt Resolution CC 2022-70, A Resolution to Amend the Fiscal Year 2022-2023 Operating Budget to Accommodate the Reorganization of the Community Development Department and the Reclassification of Subject Positions Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2022-70, authorizing budget adjustments for the reorganization of the Community Development Department, by eliminating the Community Development Administration Division Management Analyst Trainee position, and replacing it with the classification of Management Analyst and reclassifying the incumbent as such; vacating the Assistant Planner position within the Planning Division and replacing it with the Associate Planner position and reclassifying the incumbent as such; and creating a Part Time Office Assistant position within the Housing & Grants Division.

EXECUTIVE SUMMARY / BACKROUND:

The current approved personnel budget for full-time regular positions in the Community Development Department includes one (1) Management Analyst Trainee within the Administration Division, one (1) Assistant Planner position within the Planning Division, and no Office Assistants within the Housing & Grants Division.

As proposed, staffing levels will be adjusted within the Community Development Department to replace and reclassify the Management Analyst Trainee position with a Management Analyst, create the Associate Planner position and reclassify the current Assistant Planner as such, and create the part-time Office Assistant position within the Housing & Grants Division. The creation of these positions and reclassifications are necessary due to the increasing work load and responsibilities within divisions attributed to the expansion of development within the City.

DISCUSSION:

The Community Development Department is responsible for promoting and maintaining livable and desirable communities within the City. This includes planning for the future, regulating and enforcing the building and maintenance of high-quality development, encouraging business activities, and ensuring a high quality of life for all who live in the City. This is achieved through a collaborative effort between the Administration, Planning, Building, Code Enforcement, and Housing & Grants Divisions. An increase in development and City-managed projects and grants directly correlates to an increase in responsibility and work load for the Community Development Department. As such, it has become necessary to reclassify positions to accurately capture their duties, and increase staffing where needed.

Administration Division Reorganization
Pursuant to the City of Covina job description for the Management Analyst position, the Management Analyst is expected to fulfill the following responsibilities:
"The Management Analyst is the journey level class in which the incumbent is expected to independently perform the full scope of administrative, analytical and management support duties within assigned program areas. This classification is distinguished from the next higher classification of Senior Management Analyst in that the latter has overall responsibility for an assigned program and/or unit within a specialized area." (Source: Management Analyst Class Specifications - City of Covina Human Resources 2022) The current Management Analyst Trainee position was designed to be a an entry level professional staff position, which provided the clerical functions needed in the department, while also providing support across the Planning & Building divisions as needed. As the incumbent has held the position, they have been assigned an increasingly complex workload which more closely aligns with the duties performed by a Management Analyst. This includes assuming operational authority over projects, performing complex research composition and analysis, human resource functions for the department, and much more. It is expected that the Management Analyst will perform the following tasks, including but not limited to:
• Conduct studies of organizational, administrative and operational issues; review and analyze processes, procedures and work methods; analyze legislation; develop funding proposals, policy alternatives and strategies;
• Develop Request For Proposals and Personnel Service Agreements and see them through the hearing process; assist in the screening, interviewing, and selection of consultants; coordinate the final hiring process;
• Participate in the development and implementation of departmental and program budgets; analyze past and future revenue projections; participate in the forecast of necessary funds for staffing, materials, services and supplies; monitor and assist in the administration of the approved budget; and, • Provide staff support to departmental management; facilitate and coordinate interdepartmental projects; provide analytical support for financial, operational and organizational issues; coordinate and manage assigned special projects.

Reclassifying the Management Analyst Trainee to Management Analyst will therefore remove the Trainee position from the division's Position Allocation Plan. The table below illustrates the funding differences between the Management Analyst Trainee job classification at their current step and the Management Analyst job classification.

Funding Cost Changes
Job Classification Annual Salary & Benefit Cost Difference Management Analyst Trainee
(Step 2) $77,813
Management Analyst (Step 1) $87,258 $9,445
Planning Division Reorganization
Pursuant to the City of Covina job description for the Associate Planner position, the Associate Planner is expected to fulfill the following responsibilities:
"The Associate Planner is the journey level class in the professional planning series in which incumbents are expected to independently perform the full scope of assigned duties. Incumbents in this position work independently in the research and analysis of planning issues and in the preparation of planning reports, studies and recommendations. This classification is distinguished from the next higher classification of Senior Planner in that the latter performs the more complex planning assignments and provides lead direction." (Source: Associate Planner Class Specifications - City of Covina Human Resources 2022)

The current Assistant Planner position is an entry level classification that focuses on allowing the incumbent to develop planning knowledge. This position is generally responsible for short-term projects and lower level entitlement applications. In accordance with the Class Specifications for the position, it is noted that the Assistant Planner position is alternatively staffed with the Associate Planner position, and that incumbents may advance to the higher position after gaining experience and demonstrating a level of proficiency that meets the high level class. The current Assistant Planner has met and surpassed these requirements, and has taken on work and projects more accurately aligned with the duties of the Associate Planner. The Associate Planner will perform the following tasks, including but not limited to:
• Provide information and assistance to developers regarding laws, regulations, and standards, and process applications and perform inspections;
• Perform advanced planning activities, including major General Plan updates and amendments; monitor the effectiveness of General Plan implementation, zoning and design guidelines; recommend action or petitions for general planning, zoning, and development; • Work independently in the research and analysis of planning issues and in the preparation of related studies, reports, and recommendations; and,
• Prepare staff reports, resolutions, reports, letters, zoning ordinance changes and environmental review documents.

Reclassifying the Assistant Planner to Associate Planner will create a new position and a vacancy within the division's Position Allocation Plan. It is currently proposed that only the Associate Planner position be filled. The table below illustrates the funding differences between the Assistant Planner job classification at their current step and the Associate Planner job classification.

Funding Cost Changes
Job Classification Annual Salary & Benefit Cost Difference Assistant Planner (Step 5) $107,716
Associate Planner (Step 4) $112,214 $4,498
Housing & Grants Division Reorganization
The Housing & Grants Division currently has two (2) full time staff, comprised of a Senior Management Analyst and a Management Analyst. The division also oversees is a part-time, limited-term City Resource Specialist for the implementation of American Rescue Plan programs. The position will end in 2023. The Housing & Grants Division manages a multitude of existing projects and grants, and is managing tens of millions of dollars in additional funds from COVID programs, grant awards for the Navigation Center and Recreation Village, and other various projects. This has exacerbated the need for administrative support within the division. The addition of a new Part Time Office Assistant will allow for the Senior Management Analyst and Management Analyst to focus on complex projects and rely on the Office Assistant for day-to-day clerical support.

The essential functions of the position will include, but not be limited to:
• Performs clerical duties in support of an assigned function, including typing, copying, and faxing a number of documents; assists the public with questions; answers and refers complaints to the correct department or agency;
• Answers the telephone and provides information within the area of assignment; directs the public to the appropriate department; responds to public inquiries in a courteous manner; provides proper documents and resource references as required;

• Prepares a variety of documents and forms, including general correspondence, reports, agenda packet materials, and memoranda;
• Schedules meetings and appointments; maintains a calendar; and, • Establishes positive working relationships with representatives of community organizations, state/ local agencies, City management and staff, and the public.

The approximate cost of this part-time position is $21,000 per year.

FISCAL IMPACT:

The total increase in cost from the General Fund to accommodate the reclassification of the Management Analyst position will be $9,445 at Step 1 for FY 22-23 from account 1010-4000, and the reclassification of the Associate Planner at Step 4 will be $4,498 for FY 22-23 from account 1010-4010. In accordance with AFSCME MOU, employees who are reclassified within the bargaining unit shall receive at least a 5% increase in base pay, which represents the difference between Assistant Planner Step 5, and Associate Planner Step 4. There is no cost to the General Fund for the proposed Housing & Grants Part Time Office Assistant- the Low Mod Housing Fund will cover the $21,000 staffing increase cost from account 2020-4700.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This action is exempt from the provisions of the California Environmental Quality Act (CEQA).

ATTACHMENTS:

Attachment A - Resolution CC 2022-70
Respectfully submitted,

RESOLUTION CC 2022-70

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

CALIFORNIA, AMENDING THE OPERATING BUDGET FOR FISCAL
YEAR 2022-2023 TO ACCOMMODATE THE CREATION AND

RECLASSIFICATION OF POSITIONS WITHIN THE COMMUNITY

DEVELOPMENT DEPARTMENT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2022 and ending June 30, 2023 was approved on May 17, 2022; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, the reallocation of the appropriations between departmental activities may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council; and
WHEREAS, the Community Development Department has identified the need to reclassify and create the following positions: Management Analyst Trainee position to Management Analyst; Assistant Planner to Associate Planner; and the creation of a part-time Office Assistant in the Housing and Grants Division; and WHEREAS, the Covina City Council wishes to implement new staffing to address the need for support within the Community Development Department of the City of Covina.

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

SECTION 1. Amend the fiscal year 2022-2023 Operating Budget as follows:

SECTION 2. The City Clerk shall certify to the adoption of this resolution.

Account Number Description Increase
1010-4000-50xxx Community Development – General
Development Administration
Full-Time Salaries
$9,445
1010-4010-50xxx Community Development – Planning
Full-Time Salaries $4,498
2020-4700-50015 Low Moderate-Income Housing Asset
Fund
Part-Time Salaries
$21,000
$34,943

Resolution CC 2022-70 Page 2 of 2
APPROVED and PASSED this 19th day of July, 2022.

City of Covina, California
PATRICIA CORTEZ, Mayor
ATTEST:
________________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-70 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: CC Regular Meeting - Jul 19 2022
Title: Initiation of Proceedings for Annexation Levy and Collection of Annual Assessments Commencing with FY 2022/2023 Pursuant to Provisions of Part 2 of Division 15 of California Streets and Highways Code, Set Public Hearing for Protests in Relation Thereto, and Declaring Intention to Annex Territories to Covina Landscape District No. 1 – Zone 13 and Zone 14
Presented By: Andy Bullington, Director of Public Works Recommendation: 1. Adopt Resolution CC 2022-78 initiating proceedings for the annexation of territory (Zone 13 and Zone 14) to Covina Landscape District No. 1 and the levy and collection of annual assessments related thereto commencing with FY 2022/2023, pursuant to the Provisions of Part 2 of Division 15 of California Streets and Highways Code; and

2. Adopt Resolution CC 2022-79 declaring the City’s intention to annex territory (Zone 13 and Zone 14), levy and collect annual assessments and call for a property owner protest proceedings for the Covina Landscape District No. 1.

EXECUTIVE SUMMARY:

Adopt Resolution CC 2022-78 (Attachment A) initiating proceedings for the annexation of territory (Zone 13 and Zone 14) to Covina Landscape District No. 1 and the levy and collection of annual assessments related thereto commencing with FY 2022/2023, pursuant to the Provisions of Part 2 of Division 15 of California Streets and Highways Code and adopt Resolution CC 2022-79 (Attachment B) declaring the City’s intention to annex territory (Zone 13 and Zone 14) to Covina Landscape District No. 1.

BACKGROUND:

The Covina Landscape District No. 1 (hereafter referred to as “District”) was formed April 6, 1981, pursuant to the provisions of the California Streets and Highways Code, Division 15, Part 2, Landscaping and Lighting Act of 1972 (hereafter referred to as the “Act”), in order to provide and maintain public landscape improvements in specified areas within the City of Covina.

Each fiscal year, prior to making and collecting assessments within the Covina Landscape District No. 1, the City Council must adopt resolutions directing the City’s Licensed Engineer to prepare and file a report regarding the proposed assessment for each Zone, approving the Engineer’s Report (Attachment C), and declaring the City Council’s intention to levy and collect assessments for the upcoming fiscal year. Additionally, before any assessments may be made, the City Council must also adopt a resolution establishing a noticed public hearing to hear any protests against the assessment and for the approval of the Engineer’s Report and adoption of a resolution ordering the levy of assessments for FY 2022/2023.

DISCUSSION:

Pursuant to the provisions of the 1972 Act, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500, the attached Engineer’s Report is prepared in compliance with the requirements of Article 4, Chapter 1 of the 1972 Act regarding the annexation of territory into the City’s existing Covina Landscape District No. 1.

The City Council of the City of Covina being the legislative body for the District, may, pursuant to the 1972 Act, annex territory and levy annual assessments for the operations and administration of the District. In Section 22608 of the 1972 Act, it states “right of majority protest shall be limited to the territory proposed to be annexed.” In addition, the 1972 Act provides for the levy of annual assessments after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements. The 1972 Act further allows various areas to be annexed into an existing district when the territory in the annexation receives substantially the same proportional special benefits from the improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed to properties, which benefit from the installation, maintenance, and servicing of such improvements.

In accordance with the 1972 Act, the District utilizes benefit zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to a zone, each of which is associated with specific improvements that provide special benefits to properties within the zone.

The attached Engineer’s Report specifically addresses the annexation of approximately 11.343 acres of territory consisting of a restaurant and one hundred thirty-two (132) condominiums (Tract No. 82874 – Covina Bowl) and one hundred fifty-one (151) townhomes (Tract No. 83178 – Zest) established in the Report in connection with the annexation territories for FY 2022/2023, pursuant to a resolution of the City Council. The Report consists of five parts: Part I: Plans and Specifications, Park II: Method of Apportionment, Part III: Estimate of Costs, Part IV: Boundary Diagram, and Part V: Assessment Roll.

The annexation territories are more specifically identified as:

Zone 13
Tract No. 82874 - Covina Bowl generally located south of W. San Bernardino Road, north of W. Badillo Street and west of N. Rimsdale Avenue will develop out to a restaurant and one hundred thirty-two (132) condominiums currently identified by the Los Angeles County Assessor’s Office as APN 8434-017-008, 8434-017-009, and 8434-018-020 (parcel information will be updated when the final map is recorded). Improvements within this area will consist of twenty-five (25) trees and 7,757 square feet of irrigated landscaping.

Zone 14
Tract 83178- Zest generally located south of Kelby Park and west of Barranca Avenue will develop into one hundred fifty-one (151) townhomes and is currently identified by the Los Angeles County Assessor’s Office as APN 8430-015-018. Improvements within this area will consist of four (4) trees and 662 square feet of irrigated landscaping.

The City recommends that the rate of $53.13 per EBU be imposed for Zone 13 for FY 2022/2023 and $12.58 for Zone 14, which will generate sufficient revenue to cover the projected expenses with an inflator. The annexation territories budgets are on page 15 and 16 of the FY 2022/2023 Annexation Engineer’s Report.

In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with the Engineer’s Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the FY 2022/2023 maximum assessment (initial maximum assessment rate) for the Annexation Territory to increase by an amount equal to the lesser of: (1) three percent (3.0%), or (2) the annual percentage

increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Los Angeles-Long BeachAnaheim Area (February of the given year from the previous February or similar timeframe).

Table 1: Covina Landscape District No. 1, Zone 13 - FY 2022/2023 Summary Budget Item Zone 13
Proposed Assessments $7,549
General Benefit Subsidy $798
Total Projected Revenue $8,347
Landscape Maintenance Expenses $6,578
Administration $1,769
Total Project Expenses $8,347
Estimated Ending Fund Balance (Reserves) $2,086
Table 2: Covina Landscape District No. 1, Zone 14 - FY 2022/2023 Summary Budget Item Zone 14
Proposed Assessments $1,898
General Benefit Subsidy $0
Total Projected Revenue $1,898
Landscape Maintenance Expenses $1,572
Administration $326
Total Project Expenses $1,898
Estimated Ending Fund Balance (Reserves) $466
There is a general benefit contribution from the City for Zone 13 as there is one parcel in that Zone that will benefit from the improvements being installed (APN 8434-018-021). Landscape Maintenance for each zone is for trees and irrigated landscaping, in the event the Zones did not exist the full expense would fall on the City to maintain the trees and the irrigated landscaping.

Requirement
Balloting proceedings will be held on August 16th. The City will conduct a property owner protest ballot proceeding (“Ballot Proceeding”) at that time for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID, Section 4, and in accordance with the provisions of Government Code, Section 53753. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments, and written protests regarding the annexation, the resulting new Zone boundaries, and the new assessments described herein.

FISCAL IMPACT:

There will be a minor fiscal impact due to a General Benefit component for Zone 13.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Resoultion CC 2022-78
Attachment B - Resolution CC 2022-79
Attachment C - Covina Annex FY22-23 LMD IM Final
Attachment D - Trumark Homes Zest, 45 Day Notice Waver
Attachment E - Trumark Homes Covina Bowl 45 Day Notice Waver Respectfully submitted,

RESOLUTION CC 2022-78

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

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION
OF TERRITORIES (TRACT NO. 82874 - COVINA BOWL AND TRACT NO. 83178 - ZEST) TO COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
RELATED THERETO COMMENCING WITH FISCAL YEAR 2022/2023,
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Covina Landscape Maintenance District No. 1 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) that provides for the collection of special benefit assessments by the County of Los Angeles on behalf of the City of Covina to pay the maintenance and services of improvements and facilities related thereto, and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territories identified as Tract No. 82874 - Covina Bowl and Tract No. 83178 - Zest (hereafter referred to as the “Annexation Territories”), to the District pursuant to Chapter 2 Article 2 of the Act; and the establishment of the proposed maximum annual assessment related thereto; and the levy and collection of annual assessments against lots and parcels of land within the Annexation Territories commencing in fiscal year 2022/2023 for the landscaping improvements and services that will provide special benefits to the properties within the Annexation Territories pursuant to Chapter 4 Article 2 of the Act and the California Constitution Article XIIID, and WHEREAS, the City Council has retained Willdan as the Assessment Engineer of Work, for the purpose of assisting with the annexation of the territories to the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the Act.

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

SECTION 1. Engineer’s Report: The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the annexation of territories to the District; the improvements and services connected therewith and the proposed levy of annual assessments beginning in the fiscal year commencing July 1, 2022, ending June 30, 2023, in accordance with Chapter 3 Section 22623 of the Act. Said Engineer’s Report shall contain a description of the improvements and services, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with the annexation of said territories to the District.

SECTION 2. Proposed Improvements: The proposed improvements and services for the Annexation Territories may include installation, construction, or maintenance of any authorized

Resolution CC 2022-78 Page 2 of 3
improvements under the Act, including, but not limited to landscaping improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territories shall provide a more detailed description of the improvements and services to be provided and for which properties are to be assessed.

SECTION 3. Annexation Territories: The City Council hereby finds that proposed territories within the Annexation Territories consists of all lots, parcels, and subdivisions of land within a plan area which will consist of one restaurant and one hundred thirty-two (132) condominiums (residential) known as Tract No. 82874 - Covina Bowl and one hundred fifty-one (151) townhomes known as Tract No. 83178 - Zest. Tract No. 82874 is generally located south of W. San Bernardino Road, north of W. Badillo Street and west of N. Rimsdale Avenue, and Tract 83178 is generally located south of Kelby Park and west of Barranca Avenue. These Annexation Territories includes all properties that receive special benefits from the improvements to be provided.

SECTION 4. Assessments: The City Council hereby determines that in order to provide the improvements described in the Engineer’s Report, it is necessary to levy and collect assessments against the lots and/or parcels within the Annexation Territories commencing in fiscal year 2022/2023 and said assessments shall be outlined and described in the Engineer’s Report and imposed pursuant to the provisions of the Act and the California Constitution Article XIIID.

SECTION 5. 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 19th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
_____________________________________
FABIAN VELEZ, Deputy City Clerk

Resolution CC 2022-78 Page 3 of 3

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-78 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of July, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_____________________________________
FABIAN VELEZ, Deputy City Clerk

RESOLUTION CC 2022-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DECLARING THE CITY’S INTENTION TO ANNEX

TERRITORIES TO THE COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 1 AS ZONE 13 AND ZONE 14 AND TO LEVY AND

COLLECT ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING FISCAL YEAR 2022/2023, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE, AND CALLING FOR A PROPERTY

OWNER PROTEST PROCEEDING TO SUBMIT TO THE QUALIFIED

PROPERTY OWNERS THE QUESTION OF LEVYING SUCH

ASSESSMENTS FOR SAID ANNEXATION TERRITORIES PURSUANT

TO THE PROVISIONS OF THE CALIFORNIA CONSTITUTION,

ARTICLE XIIID
WHEREAS, the City Council, pursuant to provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”), did by previous resolution, initiate proceedings for the annexation of territories known as Tract No.82874 – Covina Bowl and Tract No. 83178 – Zest (hereafter referred to as the “Annexation Territories”). Tract No. 82874 is generally located south of W. San Bernardino Road, north of W. Badillo Street and west of N. Rimsdale Avenue, and Tract 83178 is generally located south of Kelby Park and west of Barranca Avenue to the Covina Landscape Maintenance District No. 1 (hereinafter referred to as the “District) and the levy and collection of assessments against lots and parcels within said Annexation Territories commencing in Fiscal Year 2022/2023; and
WHEREAS, the City Council desires to annex the territories of land comprising the Annexation Territories to the District, to establish such territories as Zone 13 (Tract No. 82874), and Zone 14 (Tract No. 83178) within said District, and to levy and collect new assessments against lots and parcels of land within the Annexation Territories to pay the cost and expenses related to the special benefits received from the maintenance and operation of the landscape improvements connected therewith; and
WHEREAS, the Assessment Engineer of Work has prepared and filed an Engineer’s Report in connection with the Annexation Territories and the levy of annual assessments connected therewith commencing in Fiscal Year 2022/2023 (beginning July 1, 2022, ending June 30, 2023) with the City Clerk pursuant to Section 22623 of the Act and said report has been presented to the City Council and is incorporated herein by reference.

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

Resolution CC 2022-79 Page 2 of 5
SECTION 1. Engineer’s Report, Content: The Engineer’s Report as presented, consists of the following:

The Plans and Specifications which describe the boundaries of the Annexation Territories (Tract No. 82874 and Tract No. 83178) and the improvements associated therewith that provides special benefits to the parcels therein.

The Method of Apportionment that details the method of calculating proportional special benefit and the annual assessment obligation for each affected parcel.

The Estimate of Improvement Costs including the calculation of the assessments and the estimated annual funding (Budget) required for the annual maintenance, servicing, and operation of landscape improvements and specifically the costs associated with the improvements determined to be of special benefit to parcels within the Annexation Territories establishing the proposed maximum assessment for Fiscal Year 2022/2023.

The Assessment Range Formula (Annual Inflationary Adjustment) to be applied to the proposed Maximum Assessment per Equivalent Dwelling Unit established in Fiscal Year 2022/2023 is applicable in subsequent fiscal years. The proposed Maximum Assessments including the Assessment Range Formula shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to the California Constitution Article XIIID.

An Annexation Territories Diagram outlining the boundaries of the Annexation Territories.

An Assessment Roll containing the maximum assessments and proposed assessments for Fiscal Year 2022/2023 for each Assessor Parcel Number within the Annexation Territories.

SECTION 2. Engineer’s Report, Approval: The Engineer’s Report is hereby approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

SECTION 3. Intention: The City Council hereby declares its intention to annex the development known as Tract No. 82874 and Tract No. 83178 to the Covina Landscape Maintenance District No. 1 pursuant to Chapter 2, Article 2 of the Act, and to levy and collect annual assessments against parcels of land within the Annexation Territories commencing with Fiscal Year 2022/2023 in accordance with the Act and the provisions of the California Constitution Article XIIID. The territories being annexed to the District as part of these proceedings shall subsequently be designated as Zone 13 and Zone 14 of the Landscape Maintenance District No. 1.

SECTION 4. Annexation Territories: The City Council hereby finds that proposed territories within the Annexation Territories consists of all lots, parcels, and subdivisions of land

Resolution CC 2022-79 Page 3 of 5
within a plan area which will consist of a restaurant and one hundred thirty-two (132) condominiums (residential) known as Tract No. 82874 - Covina Bowl and one hundred fifty-one (151) townhomes known as Tract No. 83178 - Zest consisting of Los Angeles County Assessor’s Parcel Number 8434-017-008, 8434-017-009, and 8434-018-020 (Tract No. 82874), and 8430- 015-018 (Tract No. 83178), this Annexation Territories includes all properties that receive special benefits from the improvements to be provided.

SECTION 5. Improvements: The proposed improvements and services for the Annexation Territories include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territories provides a more detailed description of the improvements and services to be provided and for which properties shall be assessed and by reference that Engineer’s Report is made part of this resolution.

SECTION 6. Assessments: The City Council hereby determines that to provide the improvements described in Section 5 of this resolution, it is necessary to levy and collect assessments against lots and parcels within the Annexation Territories commencing in Fiscal Year 2022/2023. The Engineer’s Report referred to in Section 2 of this resolution establishes the proposed maximum assessment including an inflationary adjustment to the maximum assessment rate for Fiscal Year 2022/2023 and an estimate of assessment necessary to provide for the annual operation, administration, services, and maintenance of the improvements for Fiscal Year 2022/2023.

SECTION 7. Compliance with the Constitution: Pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new assessments for the Annexation Territories. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter.

While provisions of the California Constitution Article XIIID require that the City conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed, California Civil Code, Section 3513 allows anyone to waive the advantage of a law intended solely for their benefit, and the forty-five day mailed ballot period before the scheduled public hearing is not established for a public reason, but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed.

Resolution CC 2022-79 Page 4 of 5
SECTION 8. Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing, and in the same or separate mailing, mail the property owner protest ballot(s) to the subject property owner regarding the proposed levy of assessments and the assessment range formula outlined in the Engineer’s Report, for return receipt prior to the date and time of the public hearing set forth in this resolution.

SECTION 9. Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the Annexation Territories, the improvements, and the levy of assessments and in accordance with Section 22624 (e) and 22625 of the Act, notice is hereby given that on Tuesday, August 16, 2022 at 7:30 P.M., the City Council will hold a Public Hearing for the Annexation Territories and the levy and collection of assessments related thereto commencing in Fiscal Year 2022/2023, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located at 125 East College Street, in the City of Covina, California, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

SECTION 10. Determination of Majority Protest: The property owner protest ballot proceeding conducted for the Annexation Territoriesshall constitute the property owner’s approval or rejection of the annual levy of assessments and assessment range formula. The property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Tuesday, August 16, 2022. After the close of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment.

Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed a protest, may file a written withdrawal of that protest.

A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.

SECTION 11. Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law.

SECTION 12. 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 19th day of July, 2022.

Resolution CC 2022-79 Page 5 of 5
City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-79 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of July, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_____________________________________________
FABIAN VELEZ, Deputy City Clerk

City of Covina
Landscape Maintenance
District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
Zone 13 and 14
Commencing Fiscal Year 2022/2023
Intent Meeting: July 19, 2022
Public Hearing: August 16, 2022
Updated: July 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com/financial

ATTACTMENT C

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Covina
Landscape Maintenance District No. 1
Annexation of Territories and Improvements; and,
Establishment of Zones 13 and 14
Commencing in Fiscal Year 2022/2023
City of Covina,
Los Angeles County, State of California
As part of the Resolution of Intention packet presented for the consideration of the Covina City Council, this Report and the enclosed budget, diagram, and description outline specific proposed changes to the Landscape Maintenance District No. 1 (LMD No. 1) for fiscal year 2022/2023 , including the annexation of territories to the District; the expansion of the improvements to be maintained within the District, and the proposed annual assessments for all parcels within the Annexation Territories commencing in Fiscal Year 2022/2023 . Reference is hereby made to the Los Angeles County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within LMD No.1, Zones 13 and 14 annexation territories known as Tract No. 82874 (Covina Bowl) and Tract No. 83178 (Zest) that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

By: ________________________________
Stacee Reynolds
Senior Project Manager
By: ________________________________
Tyrone Peter
R. C. E. # C81888
Dated this ____________ day of ______________, 2022.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Covina

ATTACTMENT C
Table of Contents
INTRODUCTION.......................................................................................................................................1 LANDSCAPE MAINTENANCE DISTRICT NO. 1.....................................................................................1 ANNEXATION TERRITORIES .................................................................................................................2 PROCEEDINGS AND REPORT CONTENT.............................................................................................2 Ballot Proceedings ................................................................................................................................ 3 Report Content......................................................................................................................................4 PART I — PLANS AND SPECIFICATIONS .................................................................................................6 DESCRIPTION OF THE DISTRICT ..........................................................................................................6 ZONES AND IMPROVEMENTS EXISTING DISTRICT............................................................................7 Zone 1...................................................................................................................................................7 Zone 2...................................................................................................................................................7 Zone 4...................................................................................................................................................7 Zone 5...................................................................................................................................................7 Zone 6...................................................................................................................................................8 Zone 7...................................................................................................................................................8 Zone 8...................................................................................................................................................8 Zone 9...................................................................................................................................................8 Zone 10.................................................................................................................................................8 Zone 11.................................................................................................................................................8 Zone 12.................................................................................................................................................8 ZONES AND IMPROVEMENTS ANNEXATION TERRITORIES FISCAL YEAR 2022/2023 ...................9 Zone 13.................................................................................................................................................9 Zone 14.................................................................................................................................................9 PART II — METHOD OF APPORTIONMENT............................................................................................. 10 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ...................................................................... 10 BENEFIT ANALYSIS.............................................................................................................................. 10 Landscaping Special Benefit............................................................................................................... 10 Landscaping General Benefit.............................................................................................................. 11 ASSESSMENT METHODOLOGY .......................................................................................................... 11 PART III — ESTIMATE OF COSTS............................................................................................................ 14 PROPOSED BUDGETS AND ASSESSMENTS..................................................................................... 14 Annexation Territories Budget Fiscal Year 2022/2023........................................................................ 15 Annual Inflationary Adjustment (Assessment Range Formula)........................................................... 17 PART IV — BOUNDARY DIAGRAM.......................................................................................................... 18 PART V — ASSESSMENT ROLL............................................................................................................... 22

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Introduction
The City of Covina(“City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) established the assessment district designated as:

LANDSCAPE MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as “LMD” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Covina (“City”), proposes to annex territories established as Zones 13 and 14, expand the improvements to be provided and maintained within the LMD, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territories in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscaping, parks and appurtenant facilities that provide special benefits to those properties commencing in Fiscal Year 2022/2023 As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Report shall serve as the detailed engineer’s report for the annexation of territories to Landscape Maintenance District No. 1, for Zones 13 and 14 (hereafter referred to as the, “Annexation Territories”) and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territories in connection with the special benefits each property receives from the maintenance and servicing of the improvements to be provided by the City through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the landscape improvements, and appurtenant facilities and amenities that benefit the identified properties within the Annexation Territories. The Annexation Territories as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territories will be assessed for their proportionate special benefit of the shared landscape improvements and appurtenant facilities.

The City Council of the City of Covina adopted its General Plan with various elements to provide guidelines for orderly development of property within the City. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenities such as benches, picnic facilities, play structures; signage, and related appurtenances.

The installation of landscaping and appurtenant facilities is the responsibility of the sub-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development application. After installation, it is City policy that the servicing, operation, maintenance, repair and replacement of landscaping and appurtenant facilities in turn become the financial responsibility of the properties that specially benefit from the facilities.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to a Zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone.

ANNEXATION TERRITORIES
The Annexation Territories consists of all lots and parcels of land within the planned developments identified as Tract No. 82874 (Covina Bowl) and Tract No. 83178 (Zest). Tract No 82874 (Covina Bowl) will be mix use property with a commercial and residential units (1 Restaurant and 132 condominiums) designated as Zone 13, and Tract No. 83178 (Zest) will be designated as Zone 14 which will develop out to 151 residential units (44 flex townhomes and 107 townhome/flats). These annexation areas will pay the special benefit costs associated with the ongoing annual maintenance of the improvements in the designated Zone.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed engineer’s report regarding the annexation of the designated Annexation Territories (Tract No. 82874-Covina Bowl and Tract No. 83178-Zest) into the Covina Landscape Maintenance District No 1 and the proposed assessments to be levied on the properties therein commencing in Fiscal Year 2022/2023 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territories.

The City Council proposes to annex the Annexation Territories into the District as Zones 13 and 14, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territories. The improvements described in this Report for the Annexation Territories are based on the initial improvement and development plans for Assessor Parcel Numbers 8430-015-018, 8434-017- 008 thru 009 and 8434-018-020 and by reference those plans, and specifications are made part of this Report.

The estimated budget provided herein is based on the City’s estimate of the Annexation Territories expenses for local improvements and services in the Annexation Territories. The resulting annual assessments are calculated utilizing the method of apportionment established under Part II Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of territories, the establishment of Zones, the resulting Zone boundary, the various improvements within the Zone, and the proposed assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territories will provide a source of funding for the continued operation, maintenance and servicing of the landscaping and appurtenant facilities (collectively

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

referred to as improvements) to be provided by the District for the special benefit of properties within the Zones.

The District assessments as described herein are based on the City’s estimate of the costs to maintain, operate and service the improvements. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the Annexation Territories may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each Zone are allocated to the benefiting properties within that Zone using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. Thus, each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit.

Ballot Proceedings
As part of these proceedings, the City shall conduct a property owner protest ballot proceeding (“Ballot Proceeding”) for the proposed levy of an assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4, and in accordance with the provisions of Government Code, Section 53753. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the annexation, the resulting Zone boundaries and Sub-Zones, and the assessments described herein. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution.

As specified by the California Constitution, Article XIIID Section 4e:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Zones 13 and 14 assessments, further proceedings to annex the parcels within the District and implementation of the Zones and assessments shall be abandoned.

If tabulation of the ballots indicate that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Zone Boundary Diagram) contained herein; order the annexation of the parcels within LMD and the improvements to be made; and confirm the assessments as outlined in this Report.

The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2022/2023 together with the assessments for other properties in the District. For fiscal year 2022/2023 and each subsequent fiscal year, an engineer’s annual levy report for the District shall be prepared and presented to the City Council to address any proposed changes to the District, including Zones 13 and 14, as well as any proposed changes to the improvements, budgets and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

If in any fiscal year, the proposed annual assessments for parcels with the District exceed the maximum assessments described herein, such an assessment would be considered an increased assessment and must be confirmed through a mailed property owner protest ballot proceeding for the affected parcels before that or increased assessment may be imposed.

Report Content
This Report has been prepared in connection with the annexation of an individual parcel into the LMD and the resulting assessment for the parcel within Zones 13 and 14 established herein in connection with the annexation of territories for Fiscal Year 2022/2023, pursuant to a resolution of the City Council and consists of five (5) parts:

Part I — Plans and Specifications
Contains a general description of the District and zones of benefit (“Zones”), and specifically addresses the improvements and services that provide special benefits to the parcels within the Annexation Territories which include, but is not limited to local landscaping, and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions of the improvements a visual depiction of the improvements is provided in the Zone Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territories are on file in the Public Works Department of the City of Covina and by reference are made part of this Report.

Part II — Method of Apportionment
Outlines the special and general benefits associated with the improvements to be provided within the Annexation Territories, and the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received.

Part III — Estimate of Costs
Identifies the estimated annual funding costs (Budget) required for the maintenance and operation of the improvements including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. This budget establishes the maximum assessments to be approved by the property owner(s) of record within the Annexation Territories as part of the Ballot Proceeding.

This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territories. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V – Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation Territories.

Part V — Assessment Roll
A listing of the proposed assessment amounts for parcel within the Annexation Territories. The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount for each parcel within Zones 13 and 14 commencing in fiscal year 2022/2023 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment”, and calculated assessment rate established by the budget in “Part III —Estimate of Costs”. The assessment amount identified as the “FY 2022/2023 Estimated Assessment” represent the anticipated assessment amounts to be levied and collected on the County Tax Rolls for Fiscal Year 2022/2023. The actual assessment amounts to be levied and collected for Fiscal Year 2022/2023 shall be finalized, approved and adopted by the City Council together with the assessments for other properties in the District as part of the annual assessment process for Fiscal Year 2022/2023.

If any section, subsection, sentence, clause, phrase, portion, or zone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones might subsequently be declared invalid or unconstitutional.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Part I — Plans and Specifications

DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territories is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of local landscaping, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Covina for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.

As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within those Zones. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and path surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
➢ Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side-panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective Zone. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, block walls, retaining walls, or other fencing; • hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems; repair or replacement of hardscape improvements and recreational amenities. The City Public Works Department shall authorize and schedule such maintenance and servicing as need and based on available Zone funding.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

ZONES AND IMPROVEMENTS EXISTING DISTRICT
In accordance with the 1972 Act, the District utilizes Zones and/or Sub-Zones (collectively referred to as Zones) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements.

As of Fiscal Year, 2021/2022 the District was comprised of the following Zones and developments:

Zone 1
Generally located in the southeast region of the City, south of Covina Hills Road; north of Holt Avenue and the San Bernardino Freeway, and east of Grand Avenue. The Zone was established in April 1981 and the annual assessments provide for the maintenance of landscaping in Parque Xalapa, Forest Hills Drive and Covina Hills Road Slope and Oak Tree Park. A private contractor hired by the City maintains the landscape improvements within this Zone (pre-prop 218).

Zone 2
Generally located in the north-central region of the City, south of Arrow Highway, north of Cienega and west of Grand Avenue. The Zone was established in April 1981 and the annual assessments for this Zone provide for the maintenance of landscaping at the entrances to Arrow Grand Circle off Arrow Highway and the north side of Cienega Street between Grand Avenue and Barranca Avenue that is adjacent to the properties within the Zone. A private contractor hired by the City maintains the landscape improvements within this Zone (preprop 218).

Zone 4
Currently comprised of four (4) residential developments (single-family and condominiums) generally located south of Arrow Highway, north of Puente Street along the Azusa Avenue corridor. These four residential developments are inclusive of Tract 15506, Tract 14394, Tract 18642, Tract 33882 and Tract 34224. The annual assessments for Zone 4 provide for the maintenance of street landscaping (including street tree maintenance) associated with the properties as well as a portion of the maintenance costs of Azusa Avenue landscaping (15% of the costs). A private contractor hired by the City maintains the landscape improvements within this Zone (pre-prop 218).

Zone 5
Comprised of the commercial/industrial properties generally located south of Arrow Highway, north of Badillo Street along the Azusa Avenue corridor. The annual assessments for Zone 5 provide for the maintenance of street landscaping (including street tree maintenance) specifically associated with these properties including 85% of the maintenance costs of Azusa Avenue landscaping. A private contractor hired by the City maintains the landscape improvements within this Zone (pre-prop 218).

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Zone 6
Tract 73455, Dalton Place is comprised of sixty-three (63) residential properties, generally located south of E. Cypress Street, west of N. Kidder Avenue and east of N. Banna Avenue. Improvements within this area consist of approximately 6,143 square feet of parkway landscaping and 23 local street trees. A private contractor hires by the City maintains the landscape improvements within this Zone.

Zone 7
Tract No. 74512-1 generally located east of Citrus Avenue and west of Fairvale Avenue will develop one hundred seventeen (117) townhomes and is identified by the Los Angeles County Assessor’s Office as parcels 8406-019-019 and 8406-019-020. Improvements within this area will consist of median and parkway landscaping along Citrus Avenue.

Zone 8
Parcel Map No. 72690 generally located south of Dexter Street and east of 4th Avenue will develop three (3) townhomes and is identified by the Los Angeles County Assessor’s Office as parcel 8444-010-011.

Improvements within this area will consist of three (3) street trees.

Zone 9
Parcel Map No. 73595 generally located south of E. Ruddock Street, west of Reeder Avenue and north of E.

Badillo Street will subdivide to a four (4) lot residential subdivision and is identified by the Los Angeles County Assessor’s Office as parcel 8427-022-031. Improvements within this area will consist of four (4) street trees.

Zone 10
Tract No. 72116 generally located south of W. San Bernardino Road, west of N. Citrus Avenue and north of W. Orange Street will develop fifty-two (52) townhomes, four (4) live/work lofts and three (3) office/retail units on three lots is identified by the Los Angeles County Assessor’s Office as parcels 8431-028-004, 005, 007, 008, 017, 018, 021, 022, 025, 026, 027, 028 and 029. Improvements within this area will consist of Thirtyone (31) street trees.

Zone 11
Tract No. 73660 generally located west of N. Citrus Avenue and north of W. Orange Street will develop to eight (8) condo units and is identified by the Los Angeles County Assessor’s Office as parcels 8431-028-030 and 031. Improvements within this area will consist of two (2) street trees.

Zone 12
401 N. Citrus (Tract 1224, Lot 6) generally located west of N. Citrus Avenue and north of W. Orange Street will develop into two (2) commercial buildings and is identified by the Los Angeles County Assessor’s Office as parcel 8431-028-006. Improvements within this area will consist of six (6) street trees.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

ZONES AND IMPROVEMENTS ANNEXATION TERRITORIES FISCAL YEAR 2022/2023 Zone 13
Tract No. 82874 - Covina Bowl generally located south of W. San Bernardino Road, north of W. Badillo Street and west of N. Rimsdale Ave will develop out to a restaurant and one hundred thirty-two (132) condominiums currently identified by the Los Angeles County Assessor’s Office as parcels 8434-017-008, 8434-017-009, and 8434-018-020 (parcel information will be updated when final map with condominiums. Improvements within this area will consist of twenty-five (25) trees and 7,757 square feet of irrigated landscaping.

Zone 14
Tract 83178- Zest generally located south of Kelby Park and west of Barranca Avenue will develop into one hundred fifty-one (151) townhomes and is currently identified by the Los Angeles County Assessor’s Office as parcel 8430-015-018. Improvements within this area will consist of four (4) trees and 662 square feet of irrigated landscaping.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation Territories based on proportional special benefit, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties within the Annexation Territories are assessed, are identified as local landscaping, and related amenities that were either installed in direct connection with the development of properties to be included within designated Zones 13 and 14 or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Zones herein reflect the composition of parcels within the Annexation Territories, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

In addition to the provisions of the 1972 Act, Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:

Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”

BENEFIT ANALYSIS
Landscaping Special Benefit
The ongoing maintenance of landscaped areas within the District (specifically Zones 13 and 14 as addressed in this Report), provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work. The primary function of these landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within each respective Zone. These

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

landscape improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of the improvements may in part be visible to properties outside the Zones, collectively if these Zone improvements are not properly maintained, it is the parcels within the Zones (as may be applicable) that would be aesthetically burdened. Additionally, the street landscaping in these Zones serve as a pleasant aesthetic amenity that enhances the approach to the parcels. In some District zones, such as Zones 13 and 14, the landscaped areas may include green space areas (neighborhood parks, greenbelts, open space and/or trails) that may provide a physical buffer between properties, overall open space within a development, and/or recreational areas and that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards. As a result, the maintenance of these landscaped improvements and the related amenities provide particular and distinct benefits to the properties and developments associated with those improvements within each Zone.

Landscaping General Benefit
Based on the parameters of special benefit as outlined by the Constitution, general benefit may be described as an overall and similar benefit to the public in general resulting from the improvements, activity or service to be provided for which an assessment is levied. Although Zones 13 and 14 improvements are located on public streets that are visible to the general public, it is clear that the ongoing maintenance of these improvements are only necessary for the appearance, safety and advantage of the properties within the Zone and are not required nor necessarily desired by any properties outside the Zone. Inasmuch as the improvements and the services to be provided are specific to the development and properties within the Zone and these improvements and services do not extend beyond the Zone’s boundaries, any access or proximity to these improvements by other nearby properties or developments would be considered incidental and the potential general benefits to the public at large are considered intangible.

ASSESSMENT METHODOLOGY
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments. Thus, the "benchmark" property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit. Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The Existing District’s Method of Apportionment utilizes commonly accepted assessment-engineering practices and were established pursuant to the 1972 Act and the provisions of the Constitution. The method

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

outlined for each Zone is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of properties within each Zone is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The costs associated with the improvements within each Zone are equitably spread among the benefiting parcels within the Zone and the funds collected shall be dispersed and used for only the improvements and services provided by the District.

Identifiers for each Zone designations are identified below:

Zones 1, 2, 5 and 12
Balance to Levy / Total Number of 1,000 sq. ft. (Lot size) = Levy per 1,000 sq. ft.

Converted to Equivalent Benefit Units (“EBU”)
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Zone 4, 6, 7, 8, 9 and 11
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Zone 10
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Commercial
Balance to Levy / Total Number of 1,000 sq. ft. (Lot Size) = Levy per 1,000 sq. ft.

Converted to EBU
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Live/Work
Each residential unit is assessed one (1) Equivalent Benefit Unit (EBU), and each commercial parcel is assessed at a rate per square foot. The 4 live-work units are assessed 1 EBU per residential unit plus 1,000 square feet per levy for non-residential use. It is anticipated that the typical live-work unit will be 5,453.50 SF (square feet) with 70% of the area assigned to non-residential use, which equals 3,809.75 SF.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Balance to Levy / Total Number of Units (Levy Units) plus Levy per Acre Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
New Annexation Territories
Zone 13
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Commercial
Balance to Levy / Total Number of 1,000 sq. ft. (Lot Size) = Levy per 1,000 sq. ft.

Converted to EBU
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Zone 14
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
The levy amount for each parcel is then calculated by multiplying the Zone Assessment Rate by assigned EBU on each parcel:

Assessment Rate x Parcel’s EBU = Parcel Levy Amount

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Annexation Territories is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

PROPOSED BUDGETS AND ASSESSMENTS
The budgets and assessments outlined on the following page for the Annexation Territories for designated Zones 13 and 14 are based on the national standards and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.

This budget represents an estimate of the special benefit expenses anticipated to be collected for Fiscal Year 2022/2023 at the time this Report was prepared and establishes the maximum assessment rates to be balloted and approved by the property owner(s) of record within the Annexation Territories as part of the Ballot Proceeding.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Annexation Territories Budget Fiscal Year 2022/2023
BUDGET ITEM Zone 13 Budget
Landscape Maintenance and Appurtenant Facilities $2,375 Landscape Utilities (Water/Electricity) 1,407
Tree Trimming 390
Maintenance & Street Infrastructure 0
Rehabilitation & Replacement 195
Operation Reserves 2,086
Professional Services 125
Total Annual Landscape Maintenance Expenses $6,579
Administration Overhead $1,656
County Administration Fee 88
Legal Notices 25
Total Administration $1,769
$8,348
General Benefit (contribution) $798
General Fund (Contribution) 0
$798
$7,549
Current Parcel Count 5
Total Parcels at Built -Out 133
Parcels Levied at Built Out 133
Total EBUs 142.06
Proposed Maximum Assessment per EBU $53.14
Proposed Assessment for FY 2022/2023 $53.14

BALANCE TO LEVY

DISTRICT STATISTICS

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Administration
Total Costs & Expenses

LEVY ADJUSTMENTS
Total Levy Adjustments
Note: The budget has been rounded to the nearest dollar.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

BUDGET ITEM Zone 14 Budget
Landscape Maintenance and Appurtenant Facilities $500
Landscape Utilities (Water/Electricity) 120
Tree Trimming 312
Maintenance & Street Infrastructure 0
Rehabilitation & Replacement 41
Operation Reserves 466
Professional Services 133
Total Annual Landscape Maintenance Expenses $1,572
Administration Overhead $175
County Administration Fee 51
Legal Notices 100
Total Administration $326
$1,898
General Benefit (contribution) $0
General Fund (Contribution) 0
$0
$1,898
Current Parcel Count 1
Total Parcels at Built -Out 151
Parcels Levied at Built Out 151
Total EBUs 151.00
Proposed Maximum Assessment per EBU $12.58
Proposed Assessment for FY 2022/2023 $12.58

BALANCE TO LEVY

DISTRICT STATISTICS

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Administration
Total Costs & Expenses

LEVY ADJUSTMENTS
Total Levy Adjustments Page 31 of 45

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Annual Inflationary Adjustment (Assessment Range Formula) It is recognized that the cost of providing for the improvements described in Part I – Plans and Specifications of this Report will inevitably increase over time as a result of inflation and that any “new or increased assessments” require certain noticing and balloting requirements pursuant to Article XIIID of the California Constitution (Proposition 218). However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of a or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.

In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with this Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2022/2023 maximum assessments (initial maximum assessment rate) established herein for the Annexation Territories to increase by an amount equal to the lesser of: (1) three percent (3.0%), or (2) the annual percentage increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Los Angeles-Long Beach-Anaheim Areas (February of the given year from the previous February or similar time frame).

The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rates. Although the maximum assessment rates that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection.

If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.

The Assessment Range Formula shall be applied to the maximum assessment rates for the Annexation Territories Zones 13 and 14 commencing in fiscal year 2023/2024 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

Part IV — Boundary Diagram
The Fiscal Year 2022/2023 District Diagrams on the following pages show the boundaries of the Covina Landscape Maintenance District No. 1 including Zones 13 and 14 and a separate diagram for Zones 13 and

14.

ATTACTMENT C
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

ATTACTMENT C Page 34 of 45
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

ATTACTMENT C Page 35 of 45
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zones 13 and 14 Fiscal Year 2022/2023

ATTACTMENT C Page 36 of 45
Covina Landscape Maintenance District No. 1
Engineer’s Report
Annexation of Territory and Establishment of Zone 13 and 14 Fiscal Year 2022/2023

Part V — Assessment Roll
Parcel identification for each lot or parcel within the Annexation Territories shall be the parcels as shown on the Los Angeles County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

The following is the lot and parcel of land (parcel) within the Annexation Territories and the corresponding maximum assessments being set for Fiscal Year 2022/2023.

Note: Residential (Res) receive 1 EBU per Unit, Commercial (Com) receive 1,000 per square feet per lot size to determine EBU The following is the lot and parcel of land (parcel) within the Annexation Territories and the corresponding proposed assessments to be levied and collected for Fiscal Year 2022/2023 as determined by the assessment rate and method of apportionment described herein:

Note: Residential (Res) receive 1 EBU per Unit, Commercial (Com) receive 1,000 per square feet per lot size to determine EBU APN Zone Owner Area Land Use Square
Feet EBU
Maximum Rate
Per Assessment
Unit 2022/2023
Maximum
Assessment
2022/2023
8434-017-008 13 TH COVINA BOWL LLC Tract 82874Res/Com 24,394 14.68 $53.14 $780.10 8434-017-009 13 TH COVINA BOWL LLC Tract 82874Res/Com 25,091 15.10 $53.14 $802.41 8434-018-020 13 TH COVINA BOWL LLC Tract 82874Res/Com 186,567 112.28 $53.14 $5,966.56 8430-015-018 14 TH BARRANCA LLC Tract 83178Res 258,049 151.00 $12.58 $1,899.58 APN Zone Owner Area Land Use Square
Feet EBU
Assessment Rate
Per Benefit Unit
2022/2023
Assessment
2022/2023
8434-017-008 13 TH COVINA BOWL LLC Tract 82874Res/Com 24,394 14.68 $53.14 $780.10 8434-017-009 13 TH COVINA BOWL LLC Tract 82874Res/Com 25,091 15.10 $53.14 $802.41 8434-018-020 13 TH COVINA BOWL LLC Tract 82874Res/Com 186,567 112.28 $53.14 $5,966.56 8430-015-018 14 TH BARRANCA LLC Tract 83178Res 258,049 151.00 $12.58 $1,899.58

ATTACTMENT C

ATTACHMENT D

ATTACHMENT D

ATTACHMENT D

ATTACHMENT D

ATTACHMENT E

ATTACHMENT E

ATTACHMENT E

ATTACHMENT E

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: CC Regular Meeting - Jul 19 2022
Title: Second Amendment to Memorandum of Agreement with the San Gabriel Valley Council of Governments for Inspection Services for the Regional Edible Food Recovery Program Presented By: Andy Bullington, Director of Public Works Sharon Gallant, Environmental Services Manager
Recommendation: Authorize City Manager to execute a Second Amendment to the Memorandum of Agreement with the San Gabriel Valley Council of Governments towards the establishment of three sub-regional food hubs and provide for additional education/outreach materials for the Regional Edible Food Recovery Program through August 1, 2024, in an amount not-to-exceed $103,236.

EXECUTIVE SUMMARY / BACKROUND:

On September 22, 2021 the City entered into a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) in an amount not to exceed $19,785 to participate in a Regional Edible Food Recovery Program in order to meet the requirements set by SB 1383 to recover 20% of edible food otherwise sent to landfills by 2025. On November 2, 2021 a first amendment to the Agreement was approved to provide additional funding for inspection services in a new net amount not to exceed $101,132. Since November 2021, the City was awarded Organic Waste Recycling, Round 1 (OWR-1) funding from CalRecycle in the amount of $69,850. As specified in the grant application, OWR-1 funds were earmarked to pay for FY23 and FY24 inspections, establish three sub-regional food distribution hubs and to provide additional education/outreach materials for the Regional Edible Food Recovery program.

The proposed second Amendment designates that OWR-1 funds will be incorporated into SGVCOG’s Edible Food Recovery Program and increase compensation by $2,104 for five to six additional inspections anticipated in FY23 and FY24, for a new total amount not-to-exceed of $103,236.

DISCUSSION:

In September 2016, the passage of Senate Bill 1383 established statewide targets to reduce the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption. To recover 20 percent of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks. City staff is working with San Gabriel Valley cities to provide a regional approach for an Edible Food Recovery Program with the San Gabriel Valley Council of Governments set to administer the program. The City’s participation in this program will allow the City to comply with the requirements of SB 1383 for edible food recovery.

In Spring 2022, the City was awarded $69,850 in OWR-1 funds which was earmarked for payment of Inspection costs for FY 23 and FY24, establishment of sub-regional food distribution hubs and additional education/outreach materials.

As the dynamics of establishing a Regional Edible Food Recovery program is fluid, there have been some cost savings (Tasks 1-4 realized a savings of $2,826) and additional costs incurred (Tasks 5-6, five to six additional inspections will be needed in FY23 and FY24 at a cost of $4,930). The difference of $2,104 is included in Amendment No. 2, which will be covered by OWR-1 funds. If there are any further program expenses, those costs will be brought back to Council.

FISCAL IMPACT:

The proposed action does not have any impact on the General Fund. The costs and payment frequencies for the various tasks of the Regional Edible Food Recovery program are:

Task Description Payment Frequency (Funding) Revised Costs Task 1-4: Project Management,
Capacity/Compliance
Assessments, Public Outreach
and Final Report
One-time payment after approval
of the initial MOA
(paid w/IWM funds)
$16,959
Task 5-6: Development of
Inspection, Schedule and Plan,
Implementation of Inspection
Plan
FY 22 (paid with IWM funds)
FY 23 (OWR-1)
FY 24 (OWR-1)
$27,426
$23,953*
$27,029*
Task 7-9: Establishment of subregional food hubs and
education/outreach materials
FY 24 & 25 (OWR-1) $7,869
New Total Not to Exceed: $103,236
Note* Additional costs for five to six additional inspections will be needed in FY23 and FY24 The City would only pay for those inspections which are completed by SGVCOG’s consultant and will not exceed the annual amount provided above. Sufficient funds are available in the Waste Management Fund (Account No. 6200-5580-51005). Funding for subsequent years will be included in the FY23 and FY24 budgets. The new total compensation amount for the amended Agreement is not to exceed $103,236.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt per Section 15061 (b) (3). The project is covered by the General Rule that CEQA applies to projects that have the potential for causing a significant effect on the environment. Establishing a program to reduce edible foods from being landfilled will not result in any negative impact to the environment, on the contrary, it will result in the preservation of local landfill space and will improve air quality by reducing the amount of Short-lived Climate Pollutants (SLCP’s), such as methane.

ATTACHMENTS:

Attachment A- Second Amendment to Regional Food Recovery Program MOA w_SGVCOG 071922 Respectfully submitted,

1691904.1
AMENDMENT NO. 2
TO

MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS AND THE CITY OF COVINA FOR PARTICIPATION

IN THE SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM This Amendment No. 2 (“Amendment”) to the Memorandum of Agreement (“MOA”) Between the San Gabriel Valley Council of Governments (the “SGVCOG”) and the City of Covina (the “City”) for Participation in the San Gabriel Valley Regional Food Recovery Program, dated September 22, 2021, and amended on November 10, 2021, shall be effective upon the date executed by both Parties hereto (“Effective Date”).

RECITALS
A. SGVCOG and City entered into the MOA under which SGVCOG retained a consultant to perform specified tasks (Tasks 1-4 of the MOA’s Scope of Work) toward the development of a regional approach toward compliance with SB 1383’s food recovery components.

C. SGVCOG and City agreed to amend the MOA under Amendment No. 1 to develop and implement an Inspection Program (Tasks 5-6 of the MOA’s Scope of Work), revise the invoice submittal process, and extend the term of the MOA to August 1, 2024.

D. SGVCOG and City desire to amend the MOA under this Amendment to revise the invoicing schedule and scope of work to reflect the updated number of inspections of Tier I and Tier II edible food generators and food recovery organizations and to incorporate Tasks 7-9 to participate in the expansion of the San Gabriel Valley Regional Food Recovery Program. City acknowledges that participation in Tasks 7-9 will be funded by the City’s awarded funds from the California Department of Resources Recycling and Recovery’s (CalRecycle) SB 1383 Local Assistance Grant Program (OWR-1) E. City agrees to support the Program by purchasing equipment or funding the collective acquisition of equipment by entering into separate agreements with cities participating in the Program. Such equipment will be used to increase the capacity of local food organizations to recover edible food waste.

NOW THEREFORE, the Parties agree to amend the MOA as follows:

I. Article III. Responsibilities of the Parties, Section A. Subsection 7 shall be deleted in its entirety and replaced with the following:
“7. Submit invoices to the City, in a total amount that does not exceed $103,235 (includes consultant, SGVCOG administrative fees and all payments due from City), as follows:
• On or about the Effective Date, invoice the City for Tasks 1-4 of the Scope of Work in an amount not to exceed $16,959.00. Payment of invoice will be due within thirty (30) days of the City’s receipt thereof.

1691904.1
• On or about the Effective Date, invoice the City for the work to be performed under Tasks 5-6 of the Scope of Work from the Effective Date to December 31, 2022, in an amount that does not exceed $27,426. Payment of the invoice will be due within thirty (30) days of the City’s receipt thereof.
• On or about July 15, 2022, invoice the City for the work to be performed under Tasks 7-9 of the Scope of Work from August 1, 2022 to March 30, 2024, in an amount that does not exceed $7,869. Payment of the invoice will be due within thirty (30) days of the City’s receipt thereof.
• On or about November 1, 2022, invoice the City for the work to be performed under Tasks 5-6 of the Scope of Work from January 1, 2023 to December 31, 2023, in an amount that does not exceed $23,953. Payment of invoice will be due within thirty (30) days of the City’s receipt thereof.
• On or about November 1, 2023, invoice the City for the worked to be performed under Task 6 of the Scope of Work from January 1, 2024 to August 1, 2024 in an amount that does not exceed $27,029. Payment of invoice will be due within thirty (30) days of the City’s receipt thereof.
• Any amounts paid by the City under this Amendment that are not expended in performance of Tasks 1-9 by August 1, 2024, will be refunded to the City by September 15, 2024, unless City and SGVCOG agree to extend the term of the MOA beyond August 1, 2024. SGVCOG shall provide to the City an accounting of funds at the same time of the refund, if any.

II. Article III. Responsibilities of the Parties, Section B shall be amended to add the following:

7. For participation in Tasks 7-9, City shall
a. Agree that CalRecycle, the California Department of Finance, and the California Bureau of State Audits have the right to review and copy any records and supporting documentation pertaining to the OWR-1 funds awarded to City by CalRecycle to support the Program expansion (“Expansion Funds”). b. Maintain records of OWR-1 Funds for a minimum of 3 years after May 2, 2024. c. Submit in writing requests to change the budget or scope of work, if applicable, to City’s CalRecycle Grant Manager for work performed using Expansion Funds. d. Enter into separate agreements with participating cities for the collective purchase of equipment and supplies using Expansion Funds, if applicable. Such agreements shall establish which city owns the piece of equipment. e. Enter into separate agreements with nonprofit organizations to lease, loan or acquire equipment purchased using Expansion Funds, if City owns such equipment.
f. Submit all required reporting documents related to Expansion Funds to CalRecycle for each year by November 3, 2022, May 3, 2023, and May 2, 2024.

III. Attachment A to Amendment No. 1 entitled “San Gabriel Valley Regional Food Recovery Task 5 & 6 Program Scope of Work” shall be deleted in its entirety and replaced with the revised Attachment A, which is attached hereto and incorporated herein by this reference.

IV. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the MOA.

1691904.1
V. This Amendment integrates all of the terms and conditions mentioned herein and supersedes all negotiations with respect to matters referenced herein. Except as specifically amended hereby, the MOA and Amendment No. 1 shall remain in full force and effect. To the extent there is any conflict or inconsistency between the terms and provisions of this Amendment and the MOA or Amendment No. 1, this Amendment shall control. [Signature page to follow]

1691904.1
FOR THE CITY OF COVINA:

By:___________________________
Chris Marcarello
City Manager
Date:__________________________
ATTEST:
______________________________
Fabian Velez
Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Candice K. Lee
City Attorney

FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:

By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
David DeBerry
General Counsel

1691904.1
ATTACHMENT A – TASK 5 & 6 SCOPE OF WORK

SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM
Task 5 Inspection Program Development
Task 5.1 Develop Inspection Schedule and Plan
Based on the information identified in Task 2, the Consultant shall develop a schedule and plan to implement a program, including a mechanism that allows for the submission of anonymous complaints and determining the validity of those complaints based on Section 18995.3 of the adopted guidelines, to conduct inspections of participating cities’ Tier 1 commercial edible food generators and food recovery organizations and services for compliance with the adopted SB 1383 guidelines. Please note that cities must conduct inspections of Tier 1 commercial edible food generators and food recovery organizations and services for compliance beginning January 1, 2022. Inspections of Tier 2 commercial edible food generators for compliance with the adopted guidelines must begin on January 1, 2024. By law, the Consultant does not have authority to issue citations; however, the Consultant shall develop an effective method to quickly and effectively inform participating cities to issue educational materials and/or citations in the event that noncompliance is identified during inspections. Between January 1, 2022 and December 31, 2023, cities must provide educational materials describing the applicable requirements of the adopted guidelines in response to violations. Starting on January 1, 2024, cities must enforce the adopted guidelines pursuant to Sections 18995.4 and 18997.2 of the adopted guidelines in response to violations.

Deliverable: A report detailing the proposed schedule and plan to implement an inspection program in participating cities, including details of an effective method to quickly and effectively inform participating cities to issue educational materials and/or citations in the event that noncompliance is identified during inspections. The report must be presented to the SGVCOG and participating cities for review before November 29, 2021.

Task 6 Inspection Program Implementation
Task 6.1 Project Team Coordination
Monthly 30-minute project team meetings, regular phone and e-mail correspondence, and other communications with the SGVCOG to ensure that the tasks listed in this SOW stay on schedule and within budget.

Deliverable: Meeting notifications, agendas, and notes.

Task 6.2 Implement Inspection Schedule and Plan
Upon the approval by the SGVCOG and participating cities, the Consultant shall begin implementing the inspections beginning January 1, 2022 and until August 1, 2024. The Consultant shall document the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number

1691904.1
of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints.

Additionally, the Consultant shall, in partnership with participating cities, document the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by type of entity subject to the adopted guidelines. Table 1 establishes the framework by which the Consultant is expected to perform the inspections, although the exact number of inspections per city may vary. Should a change to the number of inspections be required, the SGVCOG and the Consultant will work with the affected city to revise the number of inspections to ensure the city remains in compliance with SB 1383 while maintaining the approved not-to-exceed MOU amount as outlined in Article III. Responsibilities of the Parties, Section A, Subsection 7.

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Table 1: Anticipated Number of Inspections by Entity per City; Years 2022-2024 .

City
Tier 1 -
First Site
Visit
Tier 1 -
Second
Site Visit
Tier 2 -
First Site
Visit
Tier 2 -
Second
Site Visit
FRO -
First Site
Visit
FRO -
Second
Site Visit
Azusa 16 12 8 6 3 1
Covina 18 0 16 0 6 0
Duarte 10 10 8 8 4 4
Glendora 16 7 20 6 3 0
Irwindale 13 0 5 0 5 0
La Canada Flintridge 7 1 10 1 2 0
Monrovia 11 3 18 4 2 0
Monterey Park 25 5 14 3 2 0
South Pasadena 8 0 7 0 3 0
Temple City 13 13 10 10 6 6
Total 137 51 116 38 36 11
2024
City
Tier 1 -
First Site
Visit
Tier 1 -
Second
Site Visit
Tier 2 -
First Site
Visit
Tier 2 -
Second
Site Visit
FRO -
First Site
Visit
FRO -
Second
Site Visit
Azusa 16 12 8 6 2 1
Covina 18 0 16 0 5 0
Duarte 9 9 8 8 4 3
Glendora 16 10 20 11 3 2
Irwindale 13 0 5 0 4 0
La Canada Flintridge 6 3 9 4 2 0
Monrovia 10 3 17 5 2 0
Monterey Park 24 4 14 3 1 0
South Pasadena 8 5 6 3 3 0
Temple City 10 10 10 10 4 4
Total 130 56 113 50 30 10
2023
City
Tier 1 -
First Site
Visit
Tier 1 -
Second
Site Visit
Tier 2 -
First Site
Visit
Tier 2 -
Second
Site Visit
FRO -
First Site
Visit
Azusa 14 0 8 0 1
Covina 16 0 15 0 3
Duarte 7 7 7 7 1
Glendora 14 0 18 0 1
Irwindale 11 0 4 0 2
La Canada Flintridge 6 2 9 3 0
Monrovia 9 3 16 3 1
Monterey Park 22 6 13 4 0
South Pasadena 7 5 0 0 2
Temple City 3 3 4 4 0
Total 109 26 94 21 11
2022

1691904.1
Deliverable: Documentation of the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints. Additionally, the Consultant shall, in partnership with participating cities, provide documentation of the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by the type of entity subject to the adopted guidelines. Such documents shall be provided on a monthly basis.
*Not all 14 participating cities that participate in Tasks 1-4 of the San Gabriel Valley Regional Food Recovery Program will participate in Tasks 5-6. The final contract amount will depend on the number of cities that choose to participate in Tasks 5-6.

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TASKS 7-9 SCOPE OF WORK

SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM

PHASE II EXPANSION
Task 7 Project Management
Task 7.1 Kickoff Meeting
The Consultant shall conduct a kickoff meeting with the SGVCOG. The primary objectives will be to review scope, schedule, project goals, and key issues.

Deliverables: Meeting notes and materials for kickoff meeting.

Task 7.2 Project Team Coordination
Monthly project team meetings, regular phone and e-mail correspondence, and other communications with the SGVCOG to ensure that the tasks listed in this SOW stay on schedule and within budget.

Deliverables: Meeting notifications, agendas, and notes.

Task 7.3 Project Management Update Meetings
The Consultant shall facilitate monthly meetings with the SGVCOG and representatives of participating cities to provide key project updates. These meetings can also be used to obtain feedback and input on key discussions. Monthly Project Management Update meetings can cease after the completion of Tasks 2.2 and 3.1; however, a final Project Management Update meeting should be provided towards the end of Task 3.2 to provide outreach and education updates for participating cities.

Deliverables: Meeting notifications, agendas, notes, presentations, and other relevant drafts and documents.

Task 8 Subregional Food Recovery Hubs
Task 8.1 Food Recovery Hub Expansion Facilitation
The Consultant shall review the list of identified food recovery organizations in the San Gabriel Valley and facilitate discussions with the largest food recovery organizations to identify their interests with serving as subregional food recovery hubs. A total of three subregional food recovery hubs should be established in the San Gabriel Valley. The Consultant should already possess a list of existing food recovery organizations’ infrastructure and capacity limitations, ongoing partnerships with smaller food recovery organizations in their communities, and ongoing agreements/contracts with local Tier 1 and Tier 2 generators. At least one subregional food recovery hub may be located in Baldwin Park and at least one subregional food recovery hub may be located in Monterey Park due to priority

1691904.1
funding status (increased amount of funding provided). However, if no subregional food recovery hub is able to be cited in either of these communities, then Monterey Park and Baldwin Park agree to utilize their portion of funding toward locating hubs in other communities that can support the subregional food recovery hubs Deliverables: A detailed report summarizing discussions held, along with the surveyed food recovery organizations’ interest to serve as subregional food recovery hubs, their infrastructure and capacity limitations, their ongoing partnerships with smaller food recovery organizations, and their ongoing agreements/contracts with local Tier 1 and Tier 2 generators. Additionally, the report should note any possible challenges and concerns for each surveyed food recovery organization to serve as a subregional food recovery hub. The report shall be compiled in the form of one regional document, with the information on each San Gabriel Valley city formatted by sections.

Task 8.2 Capacity Expansion Support
Upon approval of the Task 2.1 report, the SGVCOG shall be responsible for coordinating the purchase of all of the necessary equipment. The Consultant shall support coordinating with selected food recovery organizations to obtain and set up the equipment. Upon completion, the Consultant shall develop a report of the total amounts of equipment and infrastructure that were added to selected food recovery organizations and calculate the amount of food recovery capacity increased.

Deliverables: A detailed report summarizing the total amounts of equipment and infrastructure that were added to selected food recovery organizations and calculations of food recovery capacity increased. The report should also include a location-by-location inventory and a map of supported food recovery hubs locations.

Task 9 Public Outreach
Task 9.1 Develop Outreach and Education Plan
The Consultant shall expand on the existing comprehensive outreach and education campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups and specify plans and schedules to incorporate 12 workshops (once every 2 months), 6 social media campaigns (once every 4 months), and 6 rounds of mailer/flyer mailing campaigns (once every 4 months) for participating cities throughout the duration of this project. All materials must be provided in English, Chinese, and Spanish.

Deliverables: Outreach and education campaign materials and a detailed plan and schedule for a comprehensive outreach and education campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups prepared for the SGVCOG’s approval.

Task 9.2 Implement Outreach and Education Campaign

1691904.1
Upon approval by the SGVCOG, the Consultant shall implement an outreach and education campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups. The Consultant shall provide records of outreach and education efforts, along with copies of the utilized marketing materials, that were conducted. The records shall include the date and to whom the information was disseminated or direct contact made.

Deliverables: Monthly reports on conducted outreach and education efforts and copies of the utilized marketing materials.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Jul 19 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 June 21, 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.

FISCAL IMPACT:

None.

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 8
Meeting: CC Regular Meeting - Jul 19 2022
Title: Resolution CC 2022-71 amending the Parks & Recreation and Library Services Department Fiscal Year 2022-23 Operating Budget to Increase the Revenue and Expenditure Allocation for the Rec and Read Covina Project Funded Through a California State Library Grant
Presented By: Lisa Evans, Director of Parks & Recreation and Library Services Recommendation: Adopt Resolution CC 2022-71 amending the Parks & Recreation and Library Services Department Fiscal Year 2022-23 Operating Budget to increase the revenue and expenditure allocation for the Rec and Read Covina Project funded through a California State Library grant.

EXECUTIVE SUMMARY / BACKROUND:

The Parks & Recreation and Library Services Department was successful in obtaining a grant through the California State Library's Stronger Together: Improving Library Access program. The city was awarded $162,783 to purchase a vehicle, as well as related equipment and supplies to bring a mobile recreation and library program to our community. The grant will also cover part-time staff costs for the first 18 months of programming.

DISCUSSION:

The revenue and expenditure allocation for the Rec and Read Covina Project were not included in the Fiscal Year 2022-23 Adopted Budget. Therefore, a Resolution is required to amend the budget and move forward with the purchase of equipment and supplies utilizing the grant funds.

FISCAL IMPACT:

California State Library grant funds in the amount of $162,783 will be used to purchase the vehicle and all related equipment and supplies, as well as cover part-time staff salaries for the first 18 months. The city's grant match obligation is being fulfilled by existing full-time staff salaries in the adopted budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Resolution CC 2022-71
Respectfully submitted,
Attachment A
RESOLUTION CC 2022-71

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

CALIFORNIA, AMENDING THE PARKS & RECREATION AND
LIBRARY SERVICES DEPARTMENT FISCAL YEAR 2022-2023

OPERATING BUDGET TO INCREASE THE REVENUE AND

EXPENDITURE ALLOCATION FOR THE REC AND READ COVINA

PROJECT FUNDED THROUGH A CALIFORNIA STATE LIBRARY
GRANT.

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 Fiscal Year 2022-2023 Operating Budget was approved on May 17, 2022; and
WHEREAS, the approved Fiscal Year 2022-2023 Operating Budget is in accordance with all applicable ordinances of the City and statutes of the State; and WHEREAS, the Parks & Recreation Department and Library Services Department was successful in obtaining a grant to purchase a vehicle and supplies to be used for mobile recreation and library services; and
WHEREAS, the revenue and expenditures for the Rec and Read Covina project were not included in the Fiscal Year 2022-2023 Operating Budget.

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

SECTION 1. Amend the Fiscal Year 2022-2023 Operating Budget as follows:

Account Number Account Title Amount
2830 3900 42190 Other State Grants $162,783
2830 3900 50015 Part-Time Salaries $46,320
2830 3900 52200 Telephone $2,160
2830 3900 53200 Training/Conferences $2,750
2830 3900 53500 Promotion $5,000
2830 3900 54100 Books $10,000
2830 3900 54350 Special Supplies $8,530
2830 3900 55550 Motor Vehicles $88,023
SECTION 2. This resolution shall take effect immediately upon adoption.

Resolution CC 2022-71 Page 2 of 2
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 19th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-71 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________________
FABIAN VELEZ, Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: CC Regular Meeting - Jul 19 2022
Title: Approval of Professional Services Agreement between the City of Covina and Interwest Consulting Group, Inc. for Planning Consulting Services with a Contract Amount Not to Exceed $400,000
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve Professional Services Agreement between the City of Covina and Interwest Consulting Group, Inc. for Planning Consulting Services.

EXECUTIVE SUMMARY:

Interwest has provided a variety of consulting services since July 2015. A new agreement has been prepared to continue using Interwest for planning consulting services. The Agreement will be for two years with an option of two-one year extensions, with a contract amount not to exceed $400,000. The new Agreement will allow Nancy Fong, former Interim Community Development Director, to continue providing general planning and project management services for highly complex projects and support for such items as the Housing Element, the MixedUse Overlay Zone, updating the Covina Town Center Specific Plan, assist with expertise on various development projects, and assist or lead various Zoning Code Amendment tasks. The Agreement would also allow for specialized services such as the Grant Database Development for the purposes of assisting Housing Staff with managing and administering grant awards to local businesses and for on call consultant support for various and/or specialized project tasks.

BACKGROUND:

The City Council originally approved a Professional Services Agreement (PSA) with Interwest Consulting Group for plan check and building services in November 2013. Through the years, the City Council has amended the Agreement multiple times for a variety of consulting services from building and inspection services, GIS services for the rental inspection program, planning and project management services, to transit and transportation consulting services. That original PSA expired in 2019, and the City entered into a second PSA that same year.

Due to the second PSA having three amendments, a new PSA has been prepared to continue services under a new fee schedule and compensation amount. The fee schedule can be found in Exhibit Aof the Agreement.

DISCUSSION:

The new Agreement with Interwest Consulting Group would continue to augment the planning services in the Community Development Department. As the City Council may recall, the former Interim Director was retained as a consultant to assist the current Director with the provision of quality customer service, as well as efficient review of development projects. Presently, there are several high profile, complex development projects in various stages of the review process where there is a need to maintain continuity in the delivery of planning services to them, as they continue through the City’s development review process, as well as managing and assisting with the developments of the the Housing Element, Mixed-Use Overlay Zone, ADU Development Standards, SB-9 two unit development, Covina Town Center Specific Plan updates, and other projects. There is also a need for specialized tasked support for our Housing & Grants Division.

FISCAL IMPACT:

The fiscal impact associated with the Professional Services Agreement with Interwest Consulting is not-to-exceed the amount of $400,000. The services are accounted for the in the approved FY 22-23 budget under the General Planning Consulting account 1010-4010-51005. Compensation for services are also accounted for through grant reimbursement, such as the LEAP grant, or through developer deposit accounts.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The Professional Services Agreement with Interwest Consulting Group, Inc. for planning consulting services will not result in any significant effect on the environment.

ATTACHMENTS:

Attachment A - Professional Services Agreement with Interwest Respectfully submitted,

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Interwest Consulting Group, Inc. a Colorado 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 general community development and planning services.

B. Consultant is fully qualified to perform such services by virtue of experience and the training, education and expertise in the field of city planning.

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.

D. The Consultant and City agree at the execution of this Professional Services Agreement dated above to void the Professional Services Agreement dated June 18, 2019 and Amendments of that Professional Services Agreement dated September 15, 2020, August 21, 2021 and June 1, 2022.

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through July 19, 2024 unless sooner terminated as provided in Section 13 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one-year terms. In no event shall the contract be extended beyond July 19, 2026.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed $ Four Hundred Thousand Dollars ($400,000) (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.

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 Nancy Fong, AICP (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.

F. 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.

G. 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. Nothing in this Section shall be understood to modify the applicable standard of care, specified in Section D.

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 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. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to preexisting intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

6. Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

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

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 termination of this Agreement. Consultant’s covenant under this Section 7 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 8 into any subcontract that Consultant executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen,

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

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 9 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’ passive negligence, except for Liabilities arising from the 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 9, 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 9 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 9 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 against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors as follows:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 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: ISO Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of 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 10.
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 or Errors and Omissions Insurance appropriate to the Consultant’s profession, with limit no less than Two Million Dollars ($2,000,000) per occurrence or claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section 10 shall be issued by an insurer admitted to write insurance in the State of California with a current

rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Selfinsurance shall not be considered to comply with the insurance requirements under this Section

10. 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. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. 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. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 10 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 10 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 10 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 10, 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 amendatory endorsements evidencing and effecting the coverages required under this Section 10. The certificates and endorsements are to be received and approved by the City’s Risk Manager before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to the 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. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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 9 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require and verify that each of its subcontractors who perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 10, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors.

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.

13. Records and Inspections. Consultantshall 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: Brian K. Lee, AICP Joe DeRosa, CRO
City of Covina SAFEbuilt, LLC
125 E. College Street 444 N Cleveland, Suite 444
Covina, California 91723 loveland, CO 80537
[email protected]

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 , which consent shall not be unreasonably delayed or withheld.. 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 17 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 17, “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 9, 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 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 nonPage 13 of 17

substantive 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 one 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
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 Marcarello
Title: City Manager
ATTEST:

By:

Name: ______________________
Title: Interim Chief Deputy City Clerk
Consultant:

Interwest Consulting Group, Inc. a Colorado
Corporation
By:

Name: Chris Giordano
Title: Chief Executive Officer
By:

Name: Joe DeRosa
Title: chief Revenue 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.)

EXHIBIT A

APPROVED FEE SCHEDULE

EXHIBIT B

SCOPE OF SERVICES

1. High profile and complex development projects as assigned by the Director.

2. Assist the Director in preparation of new development standards for RD Multiple-family Zone, Accessory Dwelling Units, Mixed Use Overlay Zone, updated to the Housing Element and annual progress reports, and amendments to update and modernize various sections of the Zoning Code, and Design Guidelines.

3. Any other special planning tasks as assigned by the Director of Community Development.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: CC Regular Meeting - Jul 19 2022
Title: Award Professional Services Agreement with Elie Farah, Inc. for Professional Engineering Services Related to a Water Infiltration Feasibility Study for Three Street Segments within the Covina Town Center Specific Plan and Approve Resolution CC 2022-80 to Appropriate $5,200.00 from Measure W to Account 2510-5600-51990 to Pay for Services Related to the Study
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve Professional Services Agreement with Elie Farah, Inc. for Professional Engineering services relating to a Water Infiltration Feasibility study for Three Street Segments Located within the Covina Town Center Specific Plan and Approve Resolution CC 2022-80.

EXECUTIVE SUMMARY / BACKROUND:

There are three street segments within the Covina Town Center Specific Plan that could benefit greatly from the retrofitting to pedestrian friendly green streets. The street segments are Front Street between Barranca Avenue and Citrus avenue located in the CTSP -F.A.I.R District, and segments of Third and Fourth Street between San Bernardino Road and Badillo Avenue located on the east portion of the CTSP and in contact with the CTSP Medical Core, Civic Core, Neighborhood, and Transit Oriented Development/High Density Residential Zones.

The Covina Town Center Specific Plan, adopted in 2019, identified solutions for creating green streets in these general areas. The City is also aware that there is heavy cyclist activity on Citrus Avenue in the Downtown area which is unsafe to cyclists due to the narrow road and high vehicle use, and the feasibility study may allow the city to build on the approved Bicycle Master Plan to encourage cyclist to ride on the established bicycle path on Second Avenue leading to the Front Street. City staff would like to move forward with technical analysis to determine the feasibility of upgrading these three street segments to meet goals of the Safe Clean Water Program (also known as Measure W) and create pedestrian and cyclist friendly streets. Depending on the results of the study, there may be opportunities in the future to apply for design, materials, and construction costs at a later time using the municipal or regional program funding.

The Safe Clean Water Program (SCWP) is a funding program available to local jurisdictions that is generated from a special parcel tax per square foot of impermeable surface area on private property in the LA County Flood Control District. The funds may to go towards projects that capture & treat storm water, prevent pollution of stormwater, incorporate nature-based solutions such as increase shade through vegetation, and can include installation of bioswales and more. Eligible activities can also include project development, design costs, and feasibility studies. The feasibility study is the first step, as it is a requirement for a project to be eligible for construction and material costs and possibly to tap into the competitive Regional program funding category. The Department will use appropriated FY23 SCWP-M funds to conduct this feasibility study to assess whether the selected site may be a good candidate to successfully infiltrate, capture, and prevent pollution of water.

Elie Farah, Inc., has supported staff for a number of engineering related services such as work for the Covina Recreation Village project, Cougar Park Improvement project, and the Traffic Signal Master Plan. Staff believes that Elie Farah is highly qualified to complete this task in a professional and timely manner. This task is expected to take approximately two to three months to complete. The proposal for work includes a Topographic Survey, grading plan, erosion control plans, drainage improvements, and Low Impact Development (LID) analysis and design calculations. The entire description of scope of work provided by Elie Farah can be found in the Professional Services Agreement under Exhibit B, Scope of Services. Due to an underestimation of costs for the professional services and a need to also use funds for public outreach, an amendment to the Fiscal Year 2023 Operating Budget is also proposed to appropriate $5,200 from Measure W into account 2510-5500-51990-P2306 to cover the costs through the adoption of Resolution CC 2022-80.

FISCAL IMPACT:

Compensation for the consultant scope of work was appropriated in the FY23 Operational Budget through the Safe Clean Water Program Municipal Fund (Measure W) and will not impact the General Fund. The account to be charged for these services is account 2510-5500-51990-P2306. Due to an underestimation of exact cost of services, an appropriation of $5,200 from Fund 2510 (Measure W) is also required to cover the cost of services ($56,270) and the estimated cost of materials for public outreach ($2,730.00) that will go towards advertisement, posters, mailings, and similar materials. The appropriation can be seen at the table below and on the attached Resolution:

Account Number Account Title Original Budget Increase Amended Budget 2510-5600-51990-
P2306 Other Professional $53,800.00 $5,200.00 $59,000.00 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 - Professional Services Agreement with Elie Farah, Inc.

Attachment B - Resolution 2022-80
Respectfully submitted,

12923-0001\1917425v3.doc

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 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 services for a water infiltration feasibility study located at three street segments within the Covina Town Center Specific Plan.

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 May 31, 2023 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 Eighty-Three Thousand Six Hundred and Seventy Dollars ($56,270.00) (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.

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.

12923-0001\1917425v3.doc
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.

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 C.

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.

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A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actualservices 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 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

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vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

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

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

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

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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 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,

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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 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

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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.

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.

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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.

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,

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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.

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

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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 Attn: Elie Farah
Community Development Elie Farah, Inc.

City of Covina 1593 Liberty Drive
125 E. College Street| Corona, CA 92881
Covina, California 91723

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.

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

City: Consultant:

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City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST
By:

Name: ___________________________
Title: Interim Deputy City Clerk
Elie Farah, Inc.
a California corporation
By:

Name: Elie Farah
Title: President
By:

Name: Lisa Farah
Title: Secretary
(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.)

EXHIBIT A

APPROVED FEE SCHEDULE

EXHIBIT B

SCOPE OF SERVICES FOR THREE STREET

SEGEMENTS LOCATED WITHIN THE COVINA TOWN

CENTER SPECIFIC PLAN

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 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 ____________________________________

RESOLUTION CC 2022- 80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-2023 OPERATING BUDGET TO APPROPRIATE $5,2000.00 IN MEASURE W FUNDS INTO ACCOUNT 2510-5600-51990-P2306 TO PAY FOR PROFESSIONAL

SERVICES FOR A FEASIBILITY STUDY LOCATED ON THREE

STREET SEGEMENTS WITHIN THE COVINA TOWN CENTER

SPECIFIC PLAN
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2022 and ending on June 30, 2023 was approved on May 17, 2022; and WHEREAS, the approved budget is in accordance with all applicable ordinance of the City and all applicable statues of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, a water infiltration feasibility study meets the criteria for SCWP guidelines; and
WHEREAS, the Covina City Council wishes to allocate $5,200 from Measure W to pay for professional services to prepare a feasibility study and for public outreach materials and costs.

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

SECTION 1. Amend the fiscal year 2022-2023 Operating Budget as follows:

Account Number Account Title Original Budget Increase Amended Budget 2510-5600-
51990-P2306 Other Professional $53,800.00 $5,200.00 $59,000.00 SECTION 2. The City Clerk shall certify to the adoption of this resolution.

APPROVED and PASSED this 19th day of July, 2022.

Resolution CC 2022-80 Page 2 of 2
City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
________________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-80 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: CC Regular Meeting - Jul 19 2022
Title: Award Professional Services Agreement with Elie Farah, Inc. for Professional Engineering Services related to a Water Infiltration Feasibility Study for the Potential Development of a Navigation Center
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve Professional Services Agreement with Elie Farah, Inc. for Professional Engineering services relating to a Water Infiltration Feasibility study located at the proposed Navigation Center
EXECUTIVE SUMMARY / BACKROUND:

The Covina Navigation Center is envisioned as a temporary housing center for people experiencing homelessness or high risk of homelessness within our community. The proposed location is approximately .53 acres and would consist of a portion of the existing public works yard and a neighboring property located in the M-1 Light Manufacturing Zone. Offsite improvements are also proposed, such as adding an intersection to increase pedestrian and vehicular safety. Conceptual plans for the Center are currently being reviewed by City Staff.

Following this review, the plans will be shared with the public through a public engagement and outreach phase and then be reviewed by the City Council for further consideration. The Center would likely include on-site offices and services, temporary housing, parking, and an outdoor plaza. The area was designated as an emergency shelter overlay zone in 2020 and funds were appropriated through the Municipal Safe Clean Water Program (Measure W) for the 2022-2023 Fiscal Year to conduct the feasibility study. This site is The Safe Clean Water Program (SCWP) is a funding category available to local jurisdictions that is generated from a special parcel tax per square foot of impermeable surface area on private property in the LA County Flood Control District. The funds may to go towards projects that capture & treat storm water, prevent pollution of stormwater, incorporate nature-based solutions such as increase shade through vegetation, and can include installation of bioswales and more. Eligible activities can also include project development, design costs, and feasibility studies. The feasibility study for the Navigation Center the first step, as it is a requirement for a project to be eligible for construction and material costs and possibly to tap into the competitive Regional program funding category. The Department will use funds from the municipal program, or SCWP-M, FY 23-24 budget to conduct this feasibility study to assess whether the selected site may be a good candidate to successfully infiltrate, capture, and prevent pollution of water.

Elie Farah, Inc., has supported staff for a number of engineering related services such as work for the Covina Recreation Village project, Cougar Park Improvement project, work on a city wide assessment of approximately 45 traffic signal locations for the Traffic Signal Master Plan, and others. Staff believes that Elie Farah is highly qualified to complete this task in a professional and timely manner. This task is expected to take approximately two to three months to complete. The proposal for work includes a Topographic Survey, grading plan, erosion control plans, drainage improvements, and Low Impact Development (LID) analysis and design calculations. The entire description of scope of work provided by Elie Farah can be found in the Professional Services Agreement under Exhibit B, Scope of Services.

FISCAL IMPACT:

Compensation for the consultant scope of work was appropriated in the FY23 Operational Budget through the Safe Clean Water Program Municipal Fund (Measure W) and will not impact the General Fund. The account to be charged for these services is account 2510-5500-51990-P2305.

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 - Professional Services Agreement with Elie Farah, Inc.

Respectfully submitted,

12923-0001\1917425v3.doc

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 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 services for a water infiltration feasibility study located at the Navigation Center 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 May 31, 2023 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 Eighty-Three Thousand Six Hundred and Seventy Dollars ($27,400.00) (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.

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.