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Allowable Program Activities SHSP UASI OPSG
Implementing models, programs, and workforce enhancement initiatives Y Y N Tools, resources, and activitiesthat facilitate shared situational awareness between the public and private sectors Y Y N
Operational support Y Y N
Utilization of standardized resource management concepts Y Y N Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Y Y N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Y Y Y Overtime for information, investigative, and intelligence sharing activities(up to 50 percent of the allocation) Y Y Y
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities(up to 50 percent of the allocation).
Y Y Y
Cost of migrating online services to the “.gov” domain Y Y N Allowable Equipment Categories
Personal Protective Equipment Y Y Y
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment Y Y N CBRNE Operational Search and Rescue Equipment Y Y N
Information Technology Y Y Y
Cybersecurity Enhancement Equipment Y Y N
Interoperable Communications Equipment Y Y Y
Detection Y Y Y
Decontamination Y Y N
Medical countermeasures Y Y Y
Power (e.g., generators, batteries, power cells) Y Y Y
CBRNE Reference Materials Y Y N
CBRNE Incident Response Vehicles Y Y N
Terrorism Incident Prevention Equipment Y Y Y
Physical Security Enhancement Equipment Y Y Y
Inspection and Screening Systems Y Y Y
Animal Care and Foreign Animal Disease Y Y N
CBRNE Prevention and Response Watercraft Y Y N
CBRNE Prevention and Response Unmanned Aircraft Y Y N
CBRNE Aviation Equipment Y Y N
CBRNE Logistical Support Equipment Y Y N
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y Critical emergency supplies Y Y N
Vehicle acquisition, lease, and rental N N Y
Other Authorized Equipment Y Y Y
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Y Y N
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Y Y N
Training workshops and conferences Y Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y Y N Full- or part-time staff or contractors/consultants Y Y Y Travel Y Y Y
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Allowable Program Activities SHSP UASI OPSG
Supplies Y Y N
Instructor certification/re-certification Y Y N
Coordination with Citizen Corps Councils in conducting training exercises Y Y N Interoperable communications training Y Y N
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Immigration enforcement training Y Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y Y N Full- or part-time staff or contractors/consultants Y Y N Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y Y N Implementation of HSEEP Y Y N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Y Y N
Travel Y Y N
Supplies Y Y N
Interoperable communications exercises Y Y N
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Allowable M&A Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the management of the respective grant program, application requirements, and compliance with reporting and data collection requirements
Y Y Y
Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Y Y Y
Overtime and backfill costs Y Y Y
Travel Y Y Y
Meeting related expenses Y Y Y
Authorized office equipment Y Y Y
Recurring expenses such as those associated with cell phones and faxes during the period of performance of the grant program Y Y N
Leasing or renting of space for newly hired personnel during the period of performance of the grant program Y Y N
LETPA Costs
Integration and interoperability of systems and data, such as CAD and RMS, to facilitate the collection, Y Y N
Maturation, enhancement, and sustainment of designated state and major Urban Area fusion centers Y Y N
Coordination between fusion centers and other operational analytic, and investigative efforts Y Y N
Implementation, maintenance, and sustainment of the Nationwide Suspicious Activity Reporting Initiative Y Y N
Implementation of the "If You See Something, Say Something®" campaign Y Y N Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Y Y N Building and sustaining preventive radiological and nuclear detection capabilities Y Y N E. Application Review Information
1. Application Evaluation Criteria
a. Programmatic Criteria
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I. RISK METHODOLOGY
The risk methodology determines the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad. See the Preparedness Grants Manual for additional information on the risk methodology.
NOTE: The THIRA/SPR process is separate from the risk methodology and its results do not affect grant allocations.
The Risk Methodology is used to inform allocations under HSGP. For more information on the SHSP, UASI, and OPSG allocation processes, please see Section B.1 of this NOFO, “Available Funding for the NOFO.”
II. APPLICATION EVALUATION CRITERIA
FEMA will evaluate the FY 2021 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments.
FEMA’s review will include verification that each IJ and project:
• Aligns with at least one core capability identified in the Goal; • Demonstrates how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and
• Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements.
In addition to the above, FEMA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the three-year period of performance. FEMA will use the information provided in the application and after the submission of the first BSIR to determine the feasibility and effectiveness of a grant project. To that end, IJs should include:
• An explanation of how the proposed project(s) will achieve objectives as identified in the SPR, including expected long-term impact where applicable, and which core capability gap(s) it helps to close and how;
• A summary of the status of planning and design efforts accomplished to date (e.g., included in a capital improvement plan); and
• A project schedule with clear milestones.
Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.
FEMA will also review any submitted National Priority Area-aligned IJs and projects to ensure they meet the minimum spend requirement. Further information on how the National Priority Area IJs and projects will be reviewed for effectiveness is included in the Review and Selection Process section below.
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b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as amended by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred.
FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant:
i. Financial stability.
ii. Quality of management systems and ability to meet management standards. iii. History of performance in managing federal award.
iv. Reports and findings from audits.
v. Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000:
i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS).
ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered.
iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206.
2. Review and Selection Process
a. SHSP and UASI
All proposed investments will undergo a federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO. The federal review will be conducted by FEMA HQ Preparedness Officers. FEMA HQ Preparedness Officers will use a checklist to verify compliance with all administrative and eligibility criteria identified in the NOFO. Recipients must be able to demonstrate how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. IJs will be reviewed at both the investment and project level.
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Emergency communications investments will be jointly reviewed by FEMA and the DHS Office of Emergency Communications (OEC) to verify compliance with SAFECOM guidance. FEMA and OEC will coordinate directly with the recipient on any compliance concerns and will provide technical assistance as necessary to help ensure full compliance.
Additional Effectiveness Evaluation Criteria for the National Priority Areas FEMA will evaluate the FY 2021 HSGP IJs and projects submitted in support of the National Priority Areas for anticipated effectiveness. FEMA’s review will include verification that each IJ or project meets the National Priority Area required spend percentages.
Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.
Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.
Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.
For additional information on Fusion Center requirements, please see the Preparedness Grants Manual.
Domestic violent extremism investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.
Emerging threats investments will be reviewed by DHS/FEMA, DHS Countering Weapons of Mass Destruction Office, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.
FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This part considers factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal, political, or practical obstacles to reduce overall risk, the process and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations.
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For applicants that elect to submit IJs and project-level details for the National Priority Areas at the time of application, effectiveness will be evaluated prior to award. If the projects are found to not sufficiently align with the National Priority Area(s), applicants may have funds placed on hold (up to 30 percent) until the projects are revised to satisfactorily address the National Priority Areas.
For applicants that elect to submit IJs and project-level details for the National Priority Areas as part of the December 2021 BSIR, they will have funds placed on hold in the amount of 30 percent (the sum of all National Priority Area). The hold will be released only after their December 2021 BSIR submission has been reviewed, and projects related to the National Priority Areas deemed in alignment by DHS/FEMA.
SAAs are still required to meet pass-through requirements even if funds are on hold related to the National Priority Areas.
To that end, IJs should include:
• How the proposed investment addresses the National Priority Area; • An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable; • A summary of laws, policies and practices that can be enhanced, eliminated, or otherwise changed in order to achieve the goals of the project and foster a culture of national preparedness; and
• A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project.
For FY 2021 SHSP and UASI investments and projects related to the National Priority Areas, effectiveness will be evaluated based on the following five factors:
• Investment Strategy (30%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the Nation.
• Budget (10%): Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.
• Impact/Outcomes (30%): Proposals will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its SPR and addresses the relevant National Priority Area outlined in this NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement.
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• Collaboration (30%): Proposals will be evaluated based on the degree to which the proposal adequately details how the recipient will use investments and other means to overcome existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional and nonprofit partners. Collaboration should improve efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the state, or the Nation. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.
• Past Performance (additional consideration): Proposals will be evaluated based on the applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources. b. OPSG
Applications will be reviewed by the SAA and USBP Sector Headquarters for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual.
DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.
FY 2021 OPSG funds will be allocated competitively based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary of Homeland Security, who may consider information and input from various law enforcement offices or subject-matter experts within the Department. Factors considered include, but are not limited to threat, vulnerability, miles of the border, and other borderspecific law enforcement intelligence, as well as the feasibility of FY 2021 Operations Orders to designated localities within border states and territories.
F. Federal Award Administration Information
1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package.
The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO and the Preparedness Grants Manual as well as any specific terms and conditions in the Notice of Award to receive an award under this program.
See the Preparedness Grants Manual for information on Notice of Award.
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2. Pass-Through Requirements
Awards made to the SAA for HSGP carry additional pass-through requirements. Passthrough is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. Four requirements must be met to pass-through grant funds:
• The SAA must make a firm written commitment to passing through grant funds to subrecipients;
• The SAA’s commitment must be unconditional (i.e., no contingencies for the availability of SAA funds);
• There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and
• The award terms must be communicated to the subrecipient.
Timing and Amount
The SAA must pass-through at least 80 percent of the funds awarded under the SHSP and UASI to local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier.
SAAs are sent notification of HSGP awards via the GPD’s ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system.
It is important to note that the period of performance start date does not directly affect the start of the 45-calendar days pass-through period. For example, an SAA may receive notice of the HSGP award on September 20, 2021, while the period of performance dates for that award are October 1, 2021, through September 30, 2024. In this example, the 45-day passthrough period will begin on the date the SAA accepts the HSGP award or October 5, 2021 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The period of performance start date of October 1, 2021 would not affect the timing of meeting the 45-calendar day pass-through requirement.
Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80 percent of the funds to local units of government within 45 calendar days of receipt of the funds.
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Under SHSP, the SAA may retain more than 20 percent of funding for expenditures made by the state on behalf of the local unit(s) of government. This may occur only with the written consent of the local unit of government, specifying the amount of funds to be retained and the intended use of funds. States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2021, unless the written consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Preparedness Officer.
Additional OPSG Requirements
The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivalent Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition.
3. Administrative and National Policy Requirements
In addition to the requirements of in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.
In addition to the information regarding DHS Standard Terms and Conditions and Ensuring the Protection of Civil Rights, see the Preparedness Grants Manual for additional information on administrative and national policy requirements, including the following:
• EHP Compliance
• FirstNet
• NIMS Implementation
• SAFECOM
a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at DHS Standard Terms and Conditions.
The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award.
b. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations.
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Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA.
The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available at https://www.fema.gov/about/offices/equal-rights.
Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7. c. EHP Compliance
As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable.
Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources or historic properties.
In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies.
DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders.
The GPD EHP screening form is located at https://www.fema.gov/medialibrary/assets/documents/90195. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023- 1, available at https://www.fema.gov/media-library/assets/documents/85376.
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d. NIMS Implementation
In expending funds under this program, recipients that are state, local, tribal, or territorial governments must ensure and maintain adoption and implementation of NIMS. The state, local, tribal, or territorial government must show adoption of NIMS during any point of the period of performance. The list of objectives used for progress and achievement reporting is at https://www.fema.gov/emergency-managers/nims/implementation-training.
Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment, and/or supplies) to meet incident needs. Using standardized resource management concepts such as typing, credentialing, and inventorying, promote a strong national mutual aid capability needed to support delivery of core capabilities. Additional information on resource management, NIMS resource typing definitions, job titles, and position qualifications is on FEMA’s website at https://www.fema.gov/emergency-managers/nims/components.
FEMA developed the National Incident Management System Guideline for the National Qualification System to describe national credentialing standards and to provide written guidance regarding the use of those standards. This guideline describes credentialing and typing processes and identifies tools which Federal Emergency Response Officials and emergency managers at all levels of government may use both routinely and to facilitate multijurisdictional coordinated responses.
Although state, local, tribal, and private sector partners (including nongovernmental organizations) are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so to leverage the federal investment in the Federal Information Processing Standards 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction.
Additional information about NIMS in general is available at https://www.fema.gov/emergency-managers/nims.
e. Emergency Communications Investments
If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:
• The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report (PPR) submission. • All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through federal grants. Note that the designated full-time SWIC may also be the state’s or territory’s cybersecurity point of contact. SWIC status
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information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities.
• By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc.
Following the initial update, the SCIP should be updated on an annual basis. SCIP status information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities.
All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required) and must submit an After Action Report/Improvement Plan (AAR/IP) to the Homeland Security Exercise and Evaluation Program’s (HSEEP) electronic message inbox at [email protected] within 90 days of exercise completion. Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities.
Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible. Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate. Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.
States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above), training, exercises, and equipment costs. Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the Preparedness Grants Manual.
4. Reporting
Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent.
See the Preparedness Grants Manual for information on reporting requirements, as well as the above section, “Emergency Communications Investments,” specific reporting requirements for emergency communications investments.
5. Monitoring and Oversight
Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide
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any required technical assistance. During site visits or desk reviews, FEMA will review recipients’ files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program.
Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award.
See the Preparedness Grants Manual for information on monitoring and oversight.
G. DHS Awarding Agency Contact Information
1. Contact and Resource Information
a. Program Office Contact
FEMA has assigned state-specific Preparedness Officers for the HSGP. If you do not know your Preparedness Officer, please contact CSID by phone at (800) 368-6498 or by email at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET.
b. Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns.
CSID can be reached by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9 AM – 5 PM ET.
c. GPD Award Administration Division
GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at [email protected]. d. Equal Rights
The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to [email protected].
e. Environmental Planning and Historic Preservation
GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected].
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2. Systems Information
a. Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7 days per week (except federal holidays) at (800) 518-4726 or e-mail at [email protected].
b. Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at [email protected] or (800) 865-4076, Monday through Friday, 9:00 AM – 6:00 PM ET.
User resources are available at https://www.fema.gov/grants/guidance-tools/non-disastergrants-management-system c. Payment and Reporting System (PARS)
FEMA uses the Payment and Reporting System (PARS) for financial reporting, invoicing, and tracking payments. FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete a Standard Form 1199A, Direct Deposit Form. If you have questions about the online system, please call the Customer Service Center at (866) 927-5646 or email ask[email protected]. d. Supplemental Information: Reporting Systems
In addition to ND Grants, the following information systems are used for the submission of required reports:
• GRT: Information on the GRT can be found in the Preparedness Grants Manual. • Unified Reporting Tool (URT): Information on the URT can be found in the Preparedness Grants Manual.
H. Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources. Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Preparedness Grants Manual for further information. Examples of information contained in the Preparedness Grants Manual include:
• Actions to Address Noncompliance
• Audits
• Case Studies and Use of Grant-Funded Resources During Real-World Incident Operations
• Community Lifelines
• Conflicts of Interest in the Administration of Federal Awards and Subawards • Disability Integration
• National Incident Management System
• Payment Information
• Period of Performance Extensions
• Procurement Integrity
EXHIBIT F
54 FY 2021 HSGP NOFO Back to the Top
• Record Retention
• Whole Community Preparedness
• Other Post-Award Requirements
1. Termination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons.
FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is nonresponsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this NOFO or in the Preparedness Grants Manual. b. With the Consent of the Recipient
FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award.
2. Period of Performance Extensions
Extensions to the period of performance (POP) for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to the recipient’s FEMA Preparedness Officer and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Preparedness Officer as needed when preparing an extension request. Please see the Preparedness Grants Manual for more information.
EXHIBIT F
3. Taxpayer ID #:
2. Mailing Address (please let us know where you want your check delivered, including attention line if necessary):
No Yes
(attach State
Approval)
If Competitive,
indicate the # of
bids.
Non-Competitive
Bid Sole Source
8. TOTAL
I certify that (please use the checkbox):
3. 4.
5. AUTHORIZED CONTACT INFORMATION (If different from Section B):
PHONE #
E-MAIL:
Revised on December 2019
NOTE: This Form is intended for Internal SSD review purpose only.
AUTHORIZED PRINTED NAME AUTHORIZED TITLE
ASSIGNED INVOICE NO.:
2. All instructions for this form were followed and all the supporting documentation (per instructions) is included with this claim.
AUTHORIZED SIGNATURE DATE
$ -
SECTION D: SUB-RECIPIENT'S CERTIFICATION SECTION E: FOR SSD USE ONLY
1. I am the duly authorized officer of the claimant herein and this claim is in all respect true and correct. All expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances.
STAMP WITH RECEIVED DATE HERE:
7.CLAIM
AMOUNT
(indicate the
amount per each
line)
SECTION C: DETAIL PAYMENT REQUEST INFORMATION
1. SOLUTION AREA
(e.g. equipment, training,
planning, exercise, organization)
2. PROJECT #
(e.g. 011.22)
4. EHP required?
(Environmental & Historic
Preservation)
5. VENDOR'S INVOICE #
(Maximum of 5 invoices)
6. PURCHASE METHOD
(including Training)
4. Contact's e-mail:
4. Contact's phone:
1. Sub-recipient's Name: (reimbursement check will be made payable to a payee entered here)
4. Contact's Name:
Please submit Grant Payment Request Form along with legible supporting documents to: 1. Grant Name & Year:
[email protected]
In the event e-mail is not available, you can mail your Grant payment request to (please do not fax or send duplicates):
Department of Auditor-Controller
Shared Services Division / Attn: Grants Unit
LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER
SHARED SERVICES DIVISION
GRANT PAYMENT REQUEST
SECTION A: SUBMITTING YOUR REQUEST
3470 Wilshire Blvd., Suite 812
Los Angeles, CA 90010
SECTION B: SUB-RECIPIENT'S INFORMATION
EXHIBIT G
Purpose of these instructions:
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1. 2.
3. 4.
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1. 2.
4. a)
Ensuring that all documents attached to your Grant payment requests are legible.
COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER / SHARED SERVICES DIVISION
INSTRUCTIONS TO COMPLETE THE GRANT PAYMENT REQUEST
To assist sub-recipients in completing the Grant Payment Request. We appreciate your participation in this program, for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your guidance only.
SECTION A: GENERAL INSTRUCTIONS FOR SUBMISSION OF GRANT PAYMENT REQUEST In numeral 1 of this section, please enter the name and year of the grant program that you are submitting for payment. In addition, please help us expedite the process of your Homeland Security claims by:
Completing the Grant payment request correctly and according to these instructions.
Submitting your Grant payment request using our e-mail --> [email protected] (please do not fax documents).
Sending your Grant payment request only once (we do not require original documents and duplicates will slow down our process).
Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the corresponding areas.
Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred.
SECTION B: SUB-RECIPIENT'S INFORMATION
Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check.
Please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments.
Please enter the tax ID of the governmental entity requesting payment. Please leave blank for L.A. County departments.
Please enter the information of the person that can assist us with detail claim questions.
SECTION C: DETAIL PAYMENT REQUEST INFORMATION:
In order to expedite your Grant payment request, in this area's grid, include a maximum of five (5) invoices or reimbursements charges (one charge or one invoice per line). The invoices or charges need to share the same solution area, project #.
Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment, training, planning or exercise.
Enter the project # corresponding to the claim. This information is found in the latest budget of the grant. An example of Item # is 17.020.
Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following:
State EHP Approval: if required by the state for your claim.
Revised on 11/20/2017
EXHIBIT G Page 2 of 14
5. a)
b)
c)
d)
e)
f)
g)
6. a)
b)
c)
7. 8.
SECTION D: SUB-RECIPIENT'S CERTIFICATION
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1. 2.
3. 4 &
5. SECTION C: (Continued)
If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim:
Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL #. When the invoice includes items that are not being claimed or that belong to different claims or grants, please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project #, a funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice.
Copy of the purchase order
Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.us/fema_grants.cfm
Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e-CAPS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check .
Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim.
Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state, the amount and the reference to the invoice being claimed.
Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at http://www.sam.gov/portal/public/SAM. (you will need a username and a password; if you don't please create an account) . The listing needs to be queried prior to the selection of the vendor.
If you are claiming services, supplies, training related costs, or any other type of items purchased thru a vendor or contractor or government agency, please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive bid, non-competitive bid or sole source are the only valid purchasing methods.
Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one).
Non-Competitive Bid: for single bid purchases of $250,000 or more (effective June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.
Sole Source: for non-bid purchases of $250,000 or more effective (June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.
Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification.
Enter the "Total Amount" by adding the subtotal claims included in each line.
Please read and check the box provided if you are an authorized signor.
Please read and check the box provided if you are an authorized signor.
Please sign the Grant payment request if you are an authorized signor of your agency.
When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.
Revised on 11/20/2017
EXHIBIT G Page 3 of 14
a)
For Training Claims:
a)
b)
c)
If you are including personnel cost with your training claim, please add the following:
d)
e)
f)
g)
h)
i)
ADDITIONAL ITEMS THAT YOU NEED TO ATTACH TO YOUR GRANT PAYMENT REQUEST:
For Equipment Claims:
Equipment Inventory Listing (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial # for your equipment please assign a valid ID tag, or write "Consumable" (if it applies) or write N/A. please do NOT leave the corresponding space blank. *1Please refer to the Instructions to Equip Inty Tab for completion procedures of Equipment Inventory.
Additionally, please enter the appropriate CBRNE Mission (Chemical, Biological, Radiological, Nuclear, or Explosive) in the column titled "Equipment Description & Quantity". This only applies to vehicles with AEL # 12VE-00-MISS (Vehicle Specialized Mission:CBRNE).
You need to inform us of any changes on the items above *1. This applies to each piece of equipment added in the Inventory Listing, including when the items are disposed and/or no longer useful. We will update the master inventory listing (per grant requirement) according to the information you give us. Please make sure that you include all the attachments that are necessary to provide us with the requested information.
State Sole Source Approval: If you are claiming training related costs thru a Non-Competitive Bid or Sole Source training provider, regardless the purchased amount, please attach the State's approval (effective December 03, 2018). The approval needs to be requested from the State prior to the start of the project.
State-Sponsored Training Reporting Form (with the tracking request #): Please add this form along with the Training Request Form Training Officer (POC), which you completed at the website, to the claim's backup documentation. All the backup documentation submitted for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of the Grant. Training request #'s must be obtained from the State prior to the start of the project.
Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as air plane tickets, hotel stays, instructor's fees, workshop cost, facilities fees, consulting services, etc. Additionally, you will need to include the documents requested in numeral 5 under Section C.
Personnel List (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits.
Documents that certify completion of the training: please attach supporting documents that show the class name, dates of training, # of hours of the training class, printed name and signature of individual taking the class and approval signature from supervisor or trainer (attach the information for backfilled positions also). Examples of documents that certify completion of training are:
Attendance sheets (signed by employee and instructor)
Sign in sheets (same as above) Signed training certificates Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the breakdown of the training charges per employee and that match the total claimed. This form includes the following: employee name, assignment, job title, date, salary, hours claimed, regular rate, overtime rate, employee benefits rate, claim amount per employee, clear calculations of amount claimed per employee and total (equal to the amount claimed).
Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory, with printed name and title, and dated.
Backup for the Benefits Rate: If you are adding benefits to your claim, please make sure that you include the official calculation for the rate used.
Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the # of hours charged per day to the grant, supervisor's signature, employee name and signature. Automatic system generated timecards need to be approved and include the name of the employee and hours charged per day to the grant.
Explanation of timekeeping codes: When the supporting documentation (timesheet, payroll register, etc.) includes timekeeping codes please provide a printout with the explanation of the usage as detailed as possible.
Revised on 11/20/2017
EXHIBIT G Page 4 of 14
j)
k)
For Planning Claims:
a)
b)
c)
d)
a)
b)
c)
Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the grant award.
Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the salary, hourly rate, employee benefits and overtime rate.
Roster of backfilled positions: When you are claiming overtime for a backfilled position, please attach the backfilled roster to your claim.
The roster needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation corresponding to the employee covered by the backfilling position.
Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed.
Invoices: If your planning claim includes charges invoiced by vendors, please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).
Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.
For Exercise Claims:
Proof of State Approval of After Action Report (AAR): In order for your AAR to be approved you have to submit it to the State using the ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they can proceed with the approval process.
https://hseep.dhs.gov/DHS_SSO/
Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).
Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.
For Organization Claims: Please see above b) and c) under Exercise Claims Revised on 11/20/2017
EXHIBIT G Page 5 of 14
GRANT NAME:
SUB-RECIPIENT: __________________________________________ P. ___ of ___ DATE OF REPORT: ______________________________________
Grant Project AEL Description of Property Serial # or SAFECOM Source of Department Vendor Invoice % of FED Location Use & Condition Year Number No. Other ID # Consult
(Yes/No/NA)
Property
(SHSP or
EMPG Grant
Program)
(Title Holder) Name Number Date Cost Participation (N=New, D=Deployed,
O=Out of
Service, L=Lost,
Date Sale Price
N:Grants/Subrecipient Monitoring/Forms/Propery & Equipment Inventory Listing Revised 12/2019
GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
Acquisition Disposition
EXHIBIT G Page 6 of 14 Page 120 of 141
OBJECTIVE: To provide an equipment inventory listing that links the State Homeland Security Workbook, to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to Field Date Element
(1)
(2)
(3)
(4) Grant Year
(5) Project #
(7) AEL No.
(8) Description
(9) Serial # or Other ID #
(10) Safecom consult
(11) Source of Property
(12) Title Holder
(13) Vendor Name
(14) Invoice Number
(15) Acquisition Date
(16) Acquisition Cost
(17) % of Fed Part
(18) Location
(19) Use & Condition
(20) Disposition data
(21) Sale Price
of the form.
Note {1}:
taken and the results reconciled with the equipment records (at least {2} Indicate: N = New, D = Deployed, O = Out of Service, L = Lost & S = Stolen Project Number (from Grant Workbook Project Sheets)
Equipment Inventory Listing
Procedures for Completion
eliminate duplication and confusion.
Procedure
Grant Name SHSP or EMPG
Sub-Recipient Name of your agency
Date of Report Date report completed {1}
Grant Year of funds used to purchase equipment
Fed participation in the cost of equipment
Authorized Equip Listing No (from Grant Workbook)
Description of the equipment
Serial # or Other identification # used
Fill out either by Yes, No, or N/A
Funding source, i.e, SHSP, EMPG, etc.
Name of agency (City/Department)
Name of the vendor
Invoice number
Date equipment acquired
Cost of the individual equipment item
once every two years).
Distribution
Copy maintained in sub-recipient file
Copy forwarded to Shared Services Division
Location of equipment
Use & condition {2}
Date of disposition
Sale price, If applicable, or N/A for not applicable
The Equipment Inventory Listing must be completed in its entirety to meet the objective This date should be the date the physical inventory of equipment was EXHIBIT G Page 7 of 14
Grant Name
Jurisdiction Name:
Training Provider:
OHS Approved Course Title:
Non-SLGCP Course Title & OHS Tracking No.
(requires pre-approval thru OEM)
Date of Course:
Class/ Exercise Duration/Hours:
EMP NO. EMPLOYEE NAME ASSIGNMENT TITLE
TRAINING
REQUEST #
TRAINING
START DATE
TRAINING END
DATE
SALARY OT REG RATE OT RATE OT PAY
Are you
claiming
for
Employee
Benefits?
Employee
Benefits Rate CLAIM
(for Training only) HOURS TOTAL
1 $ - $ - $ -
2 3
4 5
6 7
8 9
10 GRAND TOTAL $ -
Approved by:
Authorized Signature
Print Name and Title Date
Training Summary
Sheet
EXHIBIT G Page 8 of 14 Page 122 of 141
- -
GRAND TOTAL $
Approved by:
Authorized Signature
Print Name and Title Date
Final Product
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)
PLANNING ROSTER
Project Planning Activity Solution Area
Sub-Category Discipline Funding Source Total Cost Total Claimed Cash Request Number FMFW v1.09- 06/09
EXHIBIT G Page 9 of 14 Page 123 of 141
- -
GRAND TOTAL $
Approved by:
Authorized Signature
Print Name and Title Date
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)
EXERCISE ROSTER
Project Exercise Title Funding Source Solution Area
Sub-Category Discipline Cash Request Number Total Cost Total Claimed Conducted By Date of Exercise Exercise Type Exercise Role Date AAR entered into HSEEP FMFW v1.09- 06/09
EXHIBIT G Page 10 of 14 Page 124 of 141
8. Notes on Personnel Cost:
In general, costs associated with:
Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
Work performed under contract for an undefined period, such as for personnel costs supporting operational activities, including general planning, training or exercise activities DO count against the personnel cap; and
Work performed by all non-contractor personnel, including for full- or part-time staff and operational overtime DO count against the personnel cap.
The following examples would not count towards the personnel cap:
Vendor installation of a radio tower;
Vendor training on new equipment purchased;
Contractor hired to create an Emergency Operations Plan; Contractor hired to provide deliveries of ICS 400; and Contractor hired to assist with planning, training, evaluating, and reporting the effectiveness of a specific exercise.
The following examples would count towards the personnel cap:
Contractor hired to be the State’s WMD training instructor with no specific deliverables under contract;
Contractor hired to facilitate unidentified number of exercises throughout the performance period;
Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and Contractor hired to be an intelligence analyst.
EXHIBIT G Page 11 of 14
Employee Name Project / Deliverable Funding
Source Discipline Solution Area Solution Area Sub Category Dates of Payroll
Period
Total Salary &
Benefits charged
for this Reporting
Period
Total Project
Hours
REIMB
Request #
Total Cost Charged
to Grant
- - N/A -
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Project
FMFW v1.15a - 2015
EXHIBIT G
FMFW v1.15a - 2015
EXHIBIT G
FMFW v1.15a - 2015
EXHIBIT G
Subrecipient Monitoring Instrument
Subrecipient Monitoring Instrument
PROJECT TITLE
Los Angeles County State Homeland Security Program
Monitoring Reports
A. FINANCIAL REPORTING REQUIREMENTS
Objective
To determine that the Subrecipient implemented corrective action to address findings noted in its Single Audit that is related to the Homeland Security Grant.
Verification Yes No Comment
1. Was a Single Audit completed for Grant Year 2014-15
and 2015-16?
2. If yes, did the Subrecipient forward a copy to the
Homeland Security Grant Administrator (HSGA) by
March 30th of the year following the audit?
3. Did the Single Audit(s) identify findings related to the Homeland Security Grant? If yes, please continue.
If no, please mark N/A and continue to Section B.
4. Did the Subrecipient develop a corrective actionplan that addresses the finding(s)?
5. Did the Subrecipient send a copy of a corrective action plan to the HSGA?
6. Did the Subrecipient implement the corrective action plan?
EXHIBIT H Page 1 of 11 SAMPLE COPY
B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project’ s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign-in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.
2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?
3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign-in sheets and certificates of training?
4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?
5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?
6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
EXHIBIT H Page 2 of 11
B. TRAINING (Continued)
Verification Yes No Comments
7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?
8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?
9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?
10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.
EXHIBIT H Page 3 of 11
C. PLANNING
Objective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project’s goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign-in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?
3. If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign-in sheets?
4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?
5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?
6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?
EXHIBIT H Page 4 of 11
C. PLANNING (Continued)
Verification Yes No Comments
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?
7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign-in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?
8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?
9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?
10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.
EXHIBIT H Page 5 of 11
D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project’s goals and objectives. Use Worksheets 2 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?
3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal “Authorized
Equipment List” and/or “Standardized Equipment List”?
4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?
5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
l) Disposal date and sale price of the Equipment
6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?
EXHIBIT H Page 6 of 11
D. EQUIPMENT (Continued)
Verification Yes No Comments
7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?
8. Did the Subrecipient maintain Equipment in a secure
location?
9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?
10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?
11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the Equipment and an investigative process?
12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?
13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.
EXHIBIT H Page 7 of 11
E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the activities align with project’s goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign-in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?
3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign-in sheets, and certificates for Exercise?
4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?
5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?
6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?
7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
EXHIBIT H Page 8 of 11
E. EXERCISE (Continued)
Verification Yes No Comments
8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?
9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?
10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.
EXHIBIT H Page 9 of 11
F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project’s goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign-in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Organization expenditures? If so, continue. If no, continue to next section.
2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign-in sheets, or with other support documentation that substantiated the expense?
3. If the Organization expenditures relate to the use of consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?
4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?
5. For Projects with overtime expenditures for Organization:
a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?
EXHIBIT H Page 10 of 11
F. ORGANIZATION (Continued)
Verification Yes No Comments
6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?
7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?
8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?
9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.
EXHIBIT H Page 11 of 11
RESOLUTION CC 2022-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, TO INCREASE THE POLICE DEPARTMENT 2022-23 BUDGET BY $85,460 AND APPROPRIATE SAME DOLLAR
AMOUNT TO PURCHASE CYBER SECURITY EQUIPMENT/SOFTWATE AND STAFF TRAINING FROM A GRANT AWARD BY THE 2021 CALIFORNIA STATE HOMELAND SECURITY GRANT PROGRAM (SHSP).
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina was awarded State Homeland Security Grant Program 2021 in the amount of $85,460 for equipment/software and training; and WHEREAS, accepting this award will increase the Police Department’s appropriation by $85,460 and revenue accounts by the same amount; and
WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2022-2023 Police Department Budget as follows:
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 1st day of November, 2022.
City of Covina, California
BY:
Patricia Cortez, Mayor
Account Number Account Title Current Budget Increase Revised Budget 2278 1130 42035 HSG 21 Homeland Security Grant $ - $85,460 $85,460 2278 1130 55700 HSG 21 Computer Hardware $ - $ 72,500 $ 72,500 2278 1130 53200 HSG 21 Training $ - $ 12,960 $ 12,960
Resolution CC 2022-116 Page 2 of 2
ATTEST:
___________________________________________
Andrew Aleman, City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-116 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 1st day of November, 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 - Nov 01 2022
Title: Resolution CC 2022-117 Increasing the Police Department Budget by $22,000 for the Purchase of Equipment
Presented By: David Povero, Chief of Police
Recommendation: Adopt Resolution CC 2022-117 increasing the Police Department 2022-23 Budget by $22,000 for the purchase of three (3) Mobile Data Computers.
EXECUTIVE SUMMARY / BACKROUND:
The proposed budget appropriation will utilize Supplemental Law Enforcement funds to purchase three mobile data computers (MDCs) for Covina Police Department patrol vehicles. These new units will replace existing ones that have reached the end of their service life. No general funds will be used to purchase these items.
DISCUSSION:
The Covina Police Department like all modern law enforcement agencies must keep up to date on equipment needs and technological advances for the sake of officer safety and operation effectiveness. From time to time, the police department will request appropriations to replace equipment and find solutions to improve operations.
Purchasing these three MDCs will ensure our vehicles haves on-board computers that keep patrol officers connected to law enforcement database systems that provide them with instant information. MDCs are a powerful and necessary tool critical to operations because they provide real-time incident and dispatch information to patrol officers who must respond to a variety of demands in the field.
FISCAL IMPACT:
No new General Fund appropriation is requested. Funding is available in the FY 2022-23 Supplemental Law Enforcement Services Account (SLESA) (Fund 2246). Resolution CC 2022-117 requests the appropriation of $22,000 from the SLESA fund to purchase items as stated above. SLESA funding is provided by the State of California to local agencies for the purposes of funding front-line enforcement activities to augment police services and operations. The proposed purchase as stated above would benefit police operations and thus supports the use of the SLESA funds.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
ATTACHMENTS:
Attachment A - Resolution CC 2022-117
Respectfully submitted,
RESOLUTION CC 2022-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, INCREASING THE POLICE DEPARTMENT 2022-23
BUDGET BY $22,000 FOR MOBILE DATA COMPUTERS (MDCs)
WHEREAS, The Covina Police Department would like to purchase items to enhance operations; and
WHEREAS, the purchase of mobile data computer; and
WHEREAS, the total appropriation requested is $22,000 using the Supplemental Law Enforcement Services Account (SLESA) under Fund 2246; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Funds as described above, is hereby appropriated by the City of Covina SECTION 2. Amend the fiscal year 2022-23 Police Department Budget as follows:
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 1
st day of November, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk
Account Number Account Title Current Budget Increase Revised Budget 2246 1450 52480 Comp Hardware/Software $9,000 $22,000 $31,000 Page 3 of 4 Resolution CC 2022-117 Page 2 of 2
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-117 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 1
st day of November, 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 12
Meeting: CC Regular Meeting - Nov 01 2022
Title: Amendment No. 1 to the Professional Services Agreement between the City of Covina and Liebert Cassidy Whitmore for Legal Services
Presented By: David Povero, Chief of Police
Recommendation: Approve Amendment No. 1 to the agreement between Liebert Cassidy Whitmore and the City of Covina for legal services for fiscal year 2022-23; and authorize the City Manager to execute the amendment.
EXECUTIVE SUMMARY / BACKROUND:
On July 1, 2021, the City of Covina entered into a four (4) year agreement with Liebert Cassidy Whitmore which will expire on June 30, 2025 with the option of two addition one (1) year extensions. This agenda item will increase the not-to-exceed compensation to $75,000.
DISCUSSION:
Liebert Cassidy Whitmore is a professional law corporation that provides legal services to the City Covina. More specifically, they provide services in police defense and labor relations issues that are covered under the Public Safety Officers Bill of Rights Act.
This first amendment to the Agreement with Liebert Cassidy Whitmore will increase the spending limit for legal services to $75,000 . All other terms remain unchanged.
FISCAL IMPACT:
Funds are available in Human Resources Acct # 1010 0800 51250 Personnel.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
ATTACHMENTS:
Attachment A - Amendment No. 1
Respectfully submitted,
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR
LEGAL SERVICES BETWEEN THE CITY OF COVINA AND LIEBERT CASSIDY
WHITMORE, LLP
THIS AMENDMENT No. 1 (“First Amendment”) is dated November 1, 2022, and is between the City of Covina, a California municipal corporation (“City”) and Liebert Cassisdy Whitmore LLP (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City and Consultant entered into that certain Professional Services Agreement dated July 1, 2021 (“Agreement”), pursuant to which Consultant provides legal services to the City’s Police Department and Human Resources Department.
B. City and Consultant desire to amend the Agreement to modify the compensation sum.
The Parties agree as follows:
1. Paragraph A of Section 2 of the Agreement, “Compensation,” is hereby amended to read as follows:
“A. Compensation. As full compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant a sum not to exceed Seventy Five Thousand Dollars ($75,000) (the “maximum compensation”), based on the hourly rates set fourth in the Approved Fee Schedule, attached hereto as Exhibit A.”
2. Except for the changes specifically set forth in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [SIGNTURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this First Amendment on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Deputy City Clerk
APPROVED AS TO FORM:
By:
Name: Candice K. Lee
Title: City Attorney
Consultant:
Liebert Cassidy Whitmore LLC.,
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: CC Regular Meeting - Nov 01 2022
Title: Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue - Final Acceptance and Filing Notice of Completion
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: 1. Accept the work performed by GRBCON, Inc; and
2. Authorize the City Clerk to file a Notice of Completion for the Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue.
EXECUTIVE SUMMARY:
Accept the work performed by GRBCON, Inc. (GRBCON) and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue.
BACKGROUND:
On December 21, 2021, the City Council approved a contract award pertaining to the "Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue" for GRBCON to replace an existing 8-inch sewer line with a 10-inch sewer line from Second Avenue to Third Avenue. The existing sewer distribution network had degraded beyond its useful life and required replacement.
On February 17, 2022, the City Engineer issued the Notice to Proceed for the Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue. notifying GRBCON, Inc. to commence work on the referenced contract on or before February 22, 2022, with a completion date of May 17, 2022.
The City Engineer authorized GRBCON to amend the project to repair a portion of existing 8-inch VCP sewer located at Grand Avenue and Navilla Place and at 904 Wanamaker Drive and Grand Avenue. Additionally, GRBCON was also authorized to repair the drop manhole located on Citrus Avenue with a 10” PVC drop connection and sectional liner.
DISCUSSION:
During construction, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract in the amount of $33,781.47:
• Change Order No. 1increased the overall contract amount by $18,470.00 as follows:
o Project sewer repair of 8” VCP of approximately seven (7) linear feet. o Additional work due to conflicts with the existing storm drain mainline and laterals. o Furnishing and delivery of two (2) Changeable Message Board Signs (CMS). o Authorization for weekend work to accommodate impacts to essential businesses on Badillo Street near Hollenbeck Avenue.
• Change Order No. 2 increased the overall contract amount by $13,394.00 for repairs on a drop manhole on Citrus Avenue
• Change Order No. 3increased the overall contract amount by $15,485.00 for sewer repairs at 904 Wanamaker Drive and Grand Avenue consisting of 20-feet of 8-inch PVC • Change Order No. 4 decreased the overall contract amount by $13,567.53 as follows:
o Quantity adjustment to reflect final constructed amount in the field. o T&M cost for additional laterals to Covina PD
o Removal and bulkhead abandoned storm drain in conflict with new manhole locations o Bulkhead culvert in intersection of Citrus Avenue
FISCAL IMPACT:
A total funding amount of $1,250,000 was allocated from Sewer Utility funding sources in the City’s approved Fiscal Year 2021-2022 Capital Improvement Program (Account No. 6300-2700-55350-S2202).
The following table represents the final project summary:
Item Amount
Construction Contract (GRBCON, Inc.) plus Change Orders $968,447.47 Construction Inspection (Siterep Construction Services, Inc.) $50,000 Advertising (SGV Examiner) $380
Total Fiscal Impact $1,018,827.47
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project was determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption included the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
ATTACHMENTS:
Attachment A - Notice of Completion
Respectfully submitted,
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina
STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is The City of Covina .
3. The full address of the owner is 125 E College Street, Covina, CA 91723 .
4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on: June 20, 2022 . The work done was:
SEWER RELIEF LINE PROJECT – SAN BERNARDINO ROAD FROM 2ND AVENUE TO 3RD AVENUE
8. The names of the contractor, if any, for such work improvement was:
GRBCON, INC. December 21, 2021
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:
SEWER RELIEF LINE PROJECT – SAN BERNARDINO ROAD FROM 2ND AVENUE TO 3RD AVENUE
10. The street address of said property is SAN BERNARDINO ROAD FROM 2ND AVENUE TO 3RD AVENUE (If no street address has been officially signed, insert “None”.) Dated November 1, 2022
Fabian Velez, Deputy City Clerk, City of Covina
VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 1 , 2022 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)
ATTACHMENT A
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: CC Regular Meeting - Nov 01 2022
Title: Covina Housing Authority Annual Report Fiscal Year 2021-2022 Presented By: Brian K. Lee, Director of Community Development Recommendation: Receive and file the Covina Housing Authority Annual Report Fiscal Year 2021-2022.
EXECUTIVE SUMMARY / BACKROUND:
In Fiscal Year 2010-2011, the Covina Housing Authority was activated by the Covina City Council. Health and Safety Code Sections 34328 and 34328.1 require all housing authorities to file an annual report by October 1st with the City Clerk and the State of California Department of Housing and Community Development. The report, which was filed with both offices, is attached as Attachment A.
The purpose of the report is to show the activities for the previous fiscal year. The attached report recounts the process whereby the Housing Authority assumed the housing functions and duties of the Covina Redevelopment Agency when that agency was dissolved pursuant to AB 1X 26, as well as providing other required information.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b ) (2) and (3) and does not constitute a project.
ATTACHMENTS:
Attachment A - Covina FY 2021-2022 Housing Authority Annual Report Respectfully submitted,
COVINA HOUSING AUTHORITY
ANNUAL REPORT FY 21-22
Health and Safety Code Sections 34328 and 34328.1 require all housing authorities to file an annual report by October 1st with the City Clerk and the Department of Housing and Community Development. The requirements of the report follow.
A. Background
In FY 2010-2011, the Housing Authority was activated by the Covina City Council. City resolution No. 11-6926, adopted January 25, 2011, declared that there is a need for a housing authority, declared that all members of the City Council shall be the Commissioners of the Housing Authority and designated the mayor as the interim chairman of the housing authority.
On January 30, 2012, by Resolution 12-7045, the Covina City Council elected not to retain the housing assets and functions previously performed by the Covina Redevelopment Agency, which was dissolved pursuant to Part 1.85 of Division 24 of the California Health and Safety Code. All rights, powers, duties and obligations, including any encumbered amounts on deposit in the Agency’s Low-and Moderate Income Housing Fund, were transferred to the Covina Housing Authority.
On April 3, 2012, by Resolution 12-004, the Successor Agency to the Covina Redevelopment Agency recommended approval of the transfer of housing assets and properties of the former Agency to the Housing Authority by the Oversight Board.
On April 5, 2012, by Resolution 12-01, the Oversight Board directed the Successor Agency to transfer housing responsibilities and all rights, powers, duties and obligations associated with the housing activities of the Covina Redevelopment Agency along with the transfer of encumbered low-and moderate income housing funds designated for housing projects to the Covina Housing Authority pursuant to Health and Safety Code Sections 34176, 34177 and 34181. The Oversight Board approval was sent to the state Department of Finance for final approval. The transfer of the housing functions and duties were not questioned by the State Department of Finance, and so were approved.
Pursuant to Health and Safety Code section 34176 (a)(2) the Authority submitted a Housing Assets Transfer Form to the Department of Finance in July 2012. By letter dated August 30, 2012, the State Department of Finance approved the Housing Asset Transfer Form. The form was later amended, and the Amended Housing Asset Transfer Form was approved by the State Department of Finance by letter dated February 21, 2013.
The housing assets and functions assumed by the Housing Authority are as listed in Exhibit A to the Annual Report. In addition, the following rental properties will be monitored annually.
Village Green Apartments, 152 E Covina Blvd, Covina CA 91722 Smith Family Trust Apartments, 227 N Citrus Ave, Covina CA 91723 Cienega Gardens Apartments, 1211 N. Lyman, Covina CA 91724 Las Palmas Apartments, 777 W. Covina Blvd, Covina CA 91722 YWCA Wings domestic violence home, confidential location Center Street Apartments, 236 W. Center Street, Covina, CA 91723 Covina Gardens, 200 W. Rowland Street, Covina, CA 91723 Owner-occupied affordable housing units will continue to be monitored on an annual basis.
Authority-Owned Assets
In FY 10-11, the Housing Authority became the owner of record of two properties.
Ownership was affirmed when the Amended Housing Asset Transfer Form was approved by the State Department of Finance by letter dated February 21, 2013. One property has since been sold and the funds realized through the sale were deposited to the Low- and Moderate-Income Housing Asset Fund (“LMIHAF”).
APN Description
8434-002-904 Residential Property, Covina
APN 8434-002-904 is an occupied residential property, occupied as transitional housing for homeless women with children.
B. Activities for the Preceding Year
In Fiscal Year 2021-2022, the Covina Housing Authority did not issue any bonds, or execute any loans or financing agreements for multi-family rental development.
In FY 21-22, $0 was paid by the Successor Agency against the SERAF 2011 loan. All funds were deposited to the LMIHAF.
In addition, $0 was transferred to the LMIHAF pursuant to Health and Safety Code 34191.4(b)(3)(C).
(1) Percentage Requirements*
Not less than 20% of all units shall be available for occupancy on a priority basis to persons of low-income.
Categories:
Rental Housing 100%
Homeownership Developments N/A
Rehabilitation financing N/A
Of the one housing unit owned by the Housing Authority, 100% is occupied by households whose gross income does not exceed the applicable limits as of January 1, 2022.
*The only units owned, assisted or monitored by the Housing Authority are in connection with the transfer to the Housing Authority of the rights, powers, duties and obligations associated with housing activities of the former Covina Redevelopment Agency. (2) Units financed with Bonds N/A
(3) Multifamily Units N/A
(4) Recipients of Federal Rent Subsidies N/A
(5) Increase in Income of Current Occupant N/A
C. Recommended Legislation
The Authority does not intend to propose any legislation at this time.
D. Domestic Violence Reporting N/A
EXHIBIT A
TO THE ANNUAL REPORT
Amended Housing Assets List dated November 28, 2012
Exhibit A Page 1 of 20
Exhibit A Page 2 of 20
Exhibit A Page 3 of 20
Exhibit A Page 4 of 20
Exhibit A Page 5 of 20
Exhibit A Page 6 of 20
Exhibit A Page 7 of 20
Exhibit A Page 8 of 20
Exhibit A Page 9 of 20
Exhibit A Page 10 of 20
Exhibit A Page 11 of 20
Exhibit A Page 12 of 20
Exhibit A Page 13 of 20
Exhibit A Page 14 of 20
Exhibit A Page 15 of 20
Exhibit A Page 16 of 20
Exhibit A Page 17 of 20
Exhibit A Page 18 of 20
Exhibit A Page 19 of 20
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: CC Regular Meeting - Nov 01 2022
Title: Approve the Annual Report and Establish the Date, Time, and Place for the Public Hearing for the Calendar Year 2023 Annual Assessment of the Prospero Park Business Area Enhancement District (BAED)
Presented By: Anita Agramonte, Director of Administrative Services Theresa Franke, Finance Manager
Recommendation: 1. Approve the Annual Report of the Prospero Park Owners Association Business Area Enhancement District (BAED); and
2. Adopt Resolution CC 2022-120 declaring its intent to levy an annual assessment for the calendar year 2023 in the Prospero Park Area Enhancement District and establish the date, time and place for the public hearing.
EXECUTIVE SUMMARY / BACKROUND:
In February 2001, the City of Covina, in cooperation with the Prospero Park Owners Association (PPOA), established a Prospero Park Business Area Enhancement District (Ordinance No. 01-1875) pursuant to the Parking and Business Improvement Area Law of 1989. The boundaries of the BAED include all apartment buildings south of San Bernardino Road, north of Badillo Street, east of Barranca Avenue and west of Forestdale Avenue.
Each business in the BAED has been assessed a fee of $125 per year, through the City’s business license fee collection process, to be used to provide maintenance and upkeep to the common areas.
DISCUSSION:
The PPOA Advisory Board has completed the annual report, which is attached as Attachment A. Legal requirements for the continuation of this agreement obligate the City to:
1. Approve the Annual Report
2. Adopt a resolution of intention to levy an annual assessment
3. Hold a public hearing on this assessment
4. Adopt a resolution confirming the Annual Report
This meeting will satisfy the first two of these requirements. The second two items will be addressed at the December 6, 2022 Council Meeting. Council may make changes to the Annual Report after the public hearing.
There are no proposed changes from the Advisory Board this year.
FISCAL IMPACT:
Fees collected, less costs incurred, are remitted to the PPOA. There is no General Fund Impact.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
No CEQA involvement.
ATTACHMENTS:
Attachment A - PPOA Annual Report 2022
Attachment B - Resolution CC 2022-120
Respectfully submitted,
PROSPERO PARK OWNERS ASSOCIATION, INC.
ANNUAL REPORT 2022 -- PROSPERO PARK OWNERS ASSOCIATION, INC Business Area Enhancement District
1. Boundary Changes
The Board of Directors willrequest no changes to the boundaries of the Prospero Park Area.
2. 2022 Activities
The Board of directors plans to continue similar activities for the 2023 ?scal year. The activities currently are eradicating graffiti, and our semi-annual owners meetings at the Covina Library.
To further help in the eradication of graffiti in the Prospero Park area the association continues its contract with Urban Graf?ti Enterprises to canvas the area on a bi-monthly basis and remove tagging on all properties that have given permission to enter the premise to do work. Urban Graffiti is to be commended for the fine job they do in the Prospero Park area.
3. Projected Costs for 2023 Presently we do not know the exact number of owners that will participate in the association. With the information we have we estimate our budget for the year 2023 to be $5,709.00 plus approximately $10,800.00 to be carried over from year 2022. A copy of the proposed budget is enclosed.
4. Method of levying assessment
The assessment for 2023 willbe $125.00 per business in the BAED district. This is the same assessment as in 2022. The owners appreciate the fee being part of the annual business license and collected by the city for further distribution to the association.
5. SurpluslDeficit
Currently we project $10,800.00 to be left in the Association fund through December 31, 2022. All budgeted expenses are covered prior to our receiving new owner’s dues for 2023.
6. Outside funding
Our checking account was an interest bearing account. With the bank paying such a small amount of interest the account was changed to a normal non—interest bearing business account in June 2019.
The only other source of income would be possible matching funds from the City of Covina.
On behalf of the owners in the Prospero Park Owners Association, Inc we thank you for all your support and continue to look forward to a strong relationship with the City of Covina.
Respectfully submitted,
/4/(Z//r/rt/.',
Paul Hannah
President
Prospero Park Owner's Association, Inc.
2022 City of Covina Letter BAED
PROSPERO PARK OWNERS ASSOCIATION, INC
PROPOSED BUDGET FOR FISCAL YEAR 2023
JULY 1, 2022 TO JUNE 30, 2023
INCOME Owner’s Dues $4,639.00
EXPENSES
P.O. Box 4632 156.00
Insurance 2,368.00
Accountant 125 .00
Community Room Covina Library 60.00
Urban Graf?ti Enterprise 3,000.00
TOTAL EXPENSES $ 5,709.00
Prospcro Park Owners Budget 2023
RESOLUTION CC 2022-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DECLARING ITS INTENT TO LEVY AN ANNUAL
ASSESSMENT FOR THE CALENDAR YEAR 2022 IN THE DOWNTOWN
BUSINESS AREA ENHANCEMENT DISTRICT, AND ESTABLISHING
THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING
WHEREAS, the City Council has previously established the Downtown Business Area Enhancement District (the “BAED”), created pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code, Sections 36500 et seq.); and WHEREAS, the City Council desires to continue the BAED by levying the annual assessment permitted by the Ordinance which established the BAED.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Covina does hereby declare its intent to levy and collect assessments in the BAED for calendar year 2023 in the time and manner specified in the ordinance which established the BAED.
SECTION 2. The boundaries of the BAED shall remain as established.
SECTION 3. The types of improvements and activities to be funded by the levy of assessments on the businesses in the BAED may include, but are not limited to, the following:
a) safety and security programs
b) parking facilities
c) benches
d) trash receptacles
e) street lighting
f) decorations
g) parks
h) fountains
i) business promotion
j) other improvements and activities which confer special benefits upon the businesses for which the improvements and activities are provided No substantial changes will be made to this list of improvements and activities.
SECTION 4. The name of the Parking and Business Improvement Area under which this levy and collection is carried out is the Covina Downtown Business Area Enhancement District (“BAED”). The boundaries of the BAED are within downtown Covina, and more specifically include all ground floor businesses fronting on Citrus Avenue between Badillo Street and San Bernardino Road and two second floor businesses, located at 102 North Citrus and 122 ½ North Citrus.
Resolution CC 2022-120 Page 2 of 2
SECTION 5. A full and detailed description of the improvements and activities to be provided for fiscal year 2022-23, the boundaries of the BAED and any benefit zones within it, and the proposed assessments to be levied upon the businesses within the BAED for that fiscal year can be found in the Advisory Board’s report on file with the City Clerk.
SECTION 6. The City Council hereby establishes the regularly scheduled City Council meeting of December 20, 2022, at 7:30 p.m. as the time and place for a public hearing on the levy of the proposed assessments for calendar year 2023. At this public hearing, protests may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of these proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection may be made. Any protest made must comply with the provisions of California Streets and Highways Code section 36524 and 36525.
SECTION 7. The City Clerk shall give notice of the public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City at least seven days before the public hearing.
SECTION 8. The City Clerk shall certify as to the adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 1
st day of November, 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 2022-120 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 1
st day of November 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 16
Meeting: CC Regular Meeting - Nov 01 2022
Title: Approve the Annual Report and Establish the Date, Time, and Place for the Public Hearing for the Calendar Year 2023 Annual Assessment of the Downtown Covina Business Area Enhancement District (BAED)
Presented By: Anita Agramonte, Director of Administrative Services Theresa Franke, Finance Manager
Recommendation: 1. Approve the Annual Report of the Downtown Covina Business Area Enhancement District (BAED); and
2. Adopt Resolution CC 2022-121, declaring its intent to levy an annual assessment for the calendar year 2023 in the Downtown Covina Business Area Enhancement District, and establish the date, time and place for the public hearing.
EXECUTIVE SUMMARY / BACKROUND:
In May 1996, the City of Covina, in cooperation with the Covina Downtown Association (CDA), established a Downtown Business Area Enhancement District (Ordinance No. 96-1805) pursuant to the Parking and Business Improvement Area Law of 1989. The boundaries of the BAED are within downtown Covina, and more specifically include all ground floor businesses fronting on Citrus Avenue between Badillo Street and San Bernardino Road, and two second floor businesses, located at 102 North Citrus and 122 ½ North Citrus.
Each business in the BAED is assessed a fee of $125 per year, through the City’s business license fee collection process, to be used to promote and market the Downtown area and to provide general maintenance of common areas.
DISCUSSION:
The CDA Advisory Board has completed the annual report, which is attached as Attachment A. Legal requirements for the continuation of this agreement obligate the City to:
1. Approve the Annual Report
2. Adopt a resolution of intention to levy an annual assessment
3. Hold a public hearing on this assessment
4. Adopt a resolution confirming the Annual Report
This meeting will satisfy the first two of these requirements. The second two items will be addressed at the December 6, 2022 Council Meeting. Council may make changes to the Annual Report after the public hearing.
There are no proposed changes from the Advisory Board this year.
FISCAL IMPACT:
Fees collected less fees incurred by the City are remitted to the CDA. There is no General Fund impact.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
No CEQA involvement.
ATTACHMENTS:
Attachment A - Downtown Annual Report 2022
Attachment B - Resolution CC 2022-121
Respectfully submitted,
October 21, 2022
Chris Marcarello
City of Covina
125 East College Street
Covina, California 91723
RE: Benefit Area Enhancement District
Dear Chris,
The Board of Directors of the Covina Downtown Association have prepared the following report in order to levy the BAED assessment in the Downtown area for the year 2023.
1. Boundary Changes
The Board of Directors requests no changes in the boundaries of the BAED district at this time.
2. Planned Activities for 2023
The Board of Directors has adopted a plan for the fiscal year 2023 by continuing our web and social media presence. We will continue to promote the Downtown shopping experience through our mobile friendly website, facebook, instagram and twitter.
We will continue with our successful light pole banner program.
We also plan to continue with our Covina Charities Wine Walks, and the Thunderfest Car & Music Festival. We also will partner with the Parks and Recreation department to bring more events to Downtown, such as the “Boo Bash” and the Christmas Tree Lighting, both financially and in the planning stages.
3. Projected budget for 2023 fiscal year
Our budget for the fiscal year 2023 will be once again a work in progress.
We have decided to budget only the $7,500.00 coming from the BAED to cover our scheduled events and other opportunities which may arise. Of that amount we have budgeted 80% to our Covina.com website, social
media, Wine walks and sponsor opportunities, leaving 20% for insurance and other operating expenses.
4. Method of levying Assessment
The fiscal assessment would remain the same as in past years at $125.00 per business.
5. Carryover Revenues
Our 2023 fiscal budget will fund all of the CDMAactivities, leaving an estimated $2500.00 to begin the next ?scal year.
6. Outside Contributions
We will continue to solicit associate members, using Puente Street to the railroad tracks, and Second Street to Fourth Avenue as our perimeters for the district. We will continue to solicit sponsorships to bring in additional funds to supplement our events and assessments.
On Behalf the Covina Downtown Merchants Association, I would like to thank the City for your continued support of our activities in the Downtown area.
Respectfully submitted,
Covina Downtown Merchants Association
RESOLUTION CC 2022-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DECLARING ITS INTENT TO LEVY AN ANNUAL
ASSESSMENT FOR THE CALENDAR YEAR 2022 IN THE DOWNTOWN
BUSINESS AREA ENHANCEMENT DISTRICT, AND ESTABLISHING
THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING
WHEREAS, the City Council has previously established the Downtown Business Area Enhancement District (the “BAED”), created pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code, Sections 36500 et seq.); and WHEREAS, the City Council desires to continue the BAED by levying the annual assessment permitted by the Ordinance which established the BAED.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Covina does hereby declare its intent to levy and collect assessments in the BAED for calendar year 2023 in the time and manner specified in the ordinance which established the BAED.
SECTION 2. The boundaries of the BAED shall remain as established.
SECTION 3. The types of improvements and activities to be funded by the levy of assessments on the businesses in the BAED may include, but are not limited to, the following:
a) safety and security programs
b) parking facilities
c) benches
d) trash receptacles
e) street lighting
f) decorations
g) parks
h) fountains
i) business promotion
j) other improvements and activities which confer special benefits upon the businesses for which the improvements and activities are provided No substantial changes will be made to this list of improvements and activities.
SECTION 4. The name of the Parking and Business Improvement Area under which this levy and collection is carried out is the Covina Downtown Business Area Enhancement District (“BAED”). The boundaries of the BAED are within downtown Covina, and more specifically include all ground floor businesses fronting on Citrus Avenue between Badillo Street and San Bernardino Road and two second floor businesses, located at 102 North Citrus and 122 ½ North Citrus.
Resolution CC 2022-121 Page 2 of 2
SECTION 5. A full and detailed description of the improvements and activities to be provided for fiscal year 2022-23, the boundaries of the BAED and any benefit zones within it, and the proposed assessments to be levied upon the businesses within the BAED for that fiscal year can be found in the Advisory Board’s report on file with the City Clerk.
SECTION 6. The City Council hereby establishes the regularly scheduled City Council meeting of December 20, 2022, at 7:30 p.m. as the time and place for a public hearing on the levy of the proposed assessments for calendar year 2023. At this public hearing, protests may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of these proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection may be made. Any protest made must comply with the provisions of California Streets and Highways Code section 36524 and 36525.
SECTION 7. The City Clerk shall give notice of the public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City at least seven days before the public hearing.
SECTION 8. The City Clerk shall certify as to the adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 1
st day of November, 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 2022-121 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 1
st day of November, 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. PH 1
Meeting: CC Regular Meeting - Nov 01 2022
Title: Ordinance 22-18 for Zone Change (ZCH) 22-005, a Request to Change the Official Zoning Map of the City of Covina Changing the Zoning District from C-2 (Commercial Zone) to R-1-7,500 (Single Family Residential), for the Property Located at 1909 East Covina Boulevard - APN: 8401-016-043
Presented By: Brian K. Lee, Director of Community Development Recommendation: Waive full reading, read by title only, and introduction the first reading Ordinance 22- 18 "An ordinance of the City Council of the City of Covina, California, Approving a Zone Change (ZCH) 22-005, to Change the Zoning Classification for One Parcel From C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), Consistent with the General Plan and Land Use Designation of Low Density Residential, and Making a Determination of Exception Under CEQA, for the Property Located at 1909 East Covina Boulevard – APN: 8401-016-043".
EXECUTIVE SUMMARY / BACKROUND:
On September 27, 2022, the Planning Commission voted 5-0 recommending approval for ZCH 22-005 to the City Council through the adoption of Ordinance 22-18.
DISCUSSION:
A Zone Change is requested pursuant to Section 17.80.090(A). According to Section 17.06, a Zone Change is a change in the zoning map, changing any property from one zone to another. In the case of the property located at 1909 E. Covina Boulevard, there is an inconsistency with the General Plan designation and the Zoning Map.
The Subject Site has a General Plan Designation of “Low Density Residential” with a Zoning Map Designation of “(C-2) Commercial Zone (Neighborhood Shopping Center).” The subject site is currently a vacant commercial building surrounded by single-family and multi-family residential uses. The applicant is requesting to amend the official Covina Zoning Map from “(C-2) Commercial Zone (Neighborhood Shopping Center)” to “(R-1) 7500 Residential Zone (Single Family)” for consistency and conformance with the Covina General Plan.
FISCAL IMPACT:
There are no foreseeable fiscal impacts of the proposed project.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Community Development Department staff has determined that the proposed General Plan Amendment and Zone Change are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines. Section 15061(b)(3), the general rule exemption, states that an activity is not subject to CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed projects do not authorize new developments that will create significant environmental impacts. The proposed zone change will not create any public health or safety hazards or have a significant impact on the resources or services within the area of the subject parcels, such as water, sanitary services, surrounding roadways and intersections, schools, and existing agricultural uses. Community Development Department staff determines that there is no substantial evidence that the proposed zone change will have a significant effect on the environment.
ATTACHMENTS:
Attachment A - Ordinance 22-18
Attachment B - Resolution 2022-018PC
Respectfully submitted,
ORDINANCE 22-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH) 22-005, TO
CHANGE THE ZONING CLASSIFICATION FOR ONE PARCEL FROM
C-2 (COMMERCIAL ZONE (NEIGHBORHOOD SHOPPING CENTER)
TO R-1-7,500 (SINGLE FAMILY RESIDENTIAL), CONSISTENT WITH
THE GENERAL PLAN AND LAND USE DESIGNATION OF LOW
DENSITY RESIDENTIAL, AND MAKING A DETERMINATION OF
EXCEPTION UNDER CEQA, FOR THE PROPERTY LOCATED AT 1909
EAST COVINA BOULEVARD – APN: 8401-016-043
WHEREAS, Chapters 17.06 and 17.80 of the Covina Municipal provides the procedures and administration of amendments and changes to the Zoning Map; and WHEREAS, City staff prepared this Ordinance 22-18, which proposes to amend the Official Zoning Map of the City of Covina by changing the Zoning Classification from C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential) for the property located at 1909 East Covina Blvd, CA 91724 APN: 8401-016-043); and WHEREAS, notice of the public hearing for the Zone Change was published in the San Gabriel Valley Examiner on the 15th of September, 2022, in accordance with CMC Section
17.80.120 B. 1. All persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles, as owning property within 300 feet from the exterior boundaries of the subject properties were mailed the public hearing notices in accordance with CMC Section
17.80.120 B. 2.; and
WHEREAS, Sections 17.80.080 to 17.80.130 of the Covina Municipal Code (CMC) have been complied with in the consideration of Zone Change (ZCH) 22-005; and WHEREAS, on September 27, 2022, the Planning Commission held a public hearing, at which time City Staff an interested persons had an opportunity to and did testify either in support of or against this matter; and
WHEREAS, on November 1, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zone Change (ZCH) 22-005.
The City Council considered any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change. Following consideration of the entire record of information received at the public hearing, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Ordinance 22-18 Page 2 of 4
SECTION 1. On September 27, 2022, the Planning Commission held a duly noticed public hearing regarding the proposed Zone Change, and following the receipt of public testimony, closed the hearing and adopted Resolution No. 22-018 PC, recommending that the City Council approve the proposed Zone Change by adoption of this Ordinance.
SECTION 2. On November 1, 2022, the City Council conducted a duly noticed public hearing regarding the proposed Zone Change, and following the receipt of public testimony, closed the hearing.
SECTION 3. The City Council, based on its own independent judgement, has determined that pursuant to the requirements of the California Environmental Quality Act (CEQA) and the state CEQA Guidelines, the proposed Zone Change 22-005 is a project that would not directly or indirectly cause physical change as a result of discretionary approval. Section 15061(b)(3) (Review for Exemption) requires that the Lead Agency make a determination whether the project is exempt from CEQA prior to an initial study. The proposed zone change is not in conjunction with plans or permit applications that will either construct or demolish structures. Approval of the zone does not authorize developments that may have a significant effect on the environment. Per Section 15061(b)(3) of the CEQA Guidelines, the project is exempt from CEQA since it is not a project that would have potential for causing a significant effect on the environment.
SECTION 4. The City Council of the City of Covina does hereby find, determine and declare that the proposed Zone Change complies with the General Plan objectives and policies:
a. The proposed Zone Change reduces inconsistencies between the General Plan and the Zoning Map under the Land Use Element Section II. B.2.j of the General Plan; and
b. The proposed Zone Change is a procedural matter to achieve internal consistency between General Plan and Zoning Map as allowed by Section V Programs/Implementation Measures B1 of the Land Use Element.
SECTION 5. Zone Changes Approval. The City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-005, a request to change the Official Zoning Map of the City of Covina changing the Zoning District from C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), consistent with the General Plan and land use designation of Low Density Residential, for the property located at 1909 East Covina Boulevard - APN: 8401-016-043. Further, the City Council hereby directs the Director of Community Development to cause the amendment of the Official Zoning Map of the City of Covina to reflect ZCH 22-005.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Ordinance 22-18 Page 3 of 4
SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage.
SECTION 9. Zoning Map. Section 17.06.050 of the CMC provides that the City Clerk record all amendments and changes to the zoning map within 48 hours after such amendments or changes become effective.
SECTION 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
SECTION 11. Notification. Within 30 days of the effective date of this Ordinance, the City Clerk shall notify the Los Angeles County Assessor of passage and adoption of this Ordinance in accordance with Section 65863.5 of the Government Code.
PASSED, APPROVED and ADOPTED this __th day of _______, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
Ordinance 22-18 Page 4 of 4
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-18 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-18 Exhibit A
EXHIBIT “A”
ZONING MAP LAND USE
EXHIBIT A-1
1909 E. Covina Boulevard
Existing Zone: C-2 Commercial Zone (Neighborhood Shopping Center)
EXHIBIT A-2
1909 E. Covina Boulevard
Proposed Zone Change to R-1-7,500 (Single Family Residential)
RESOLUTION NO. 2022-018PC
A RESOLUTION OF THE PLANNING COMJVIISSIONOF THE
CITY OF COVINA RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF COVINA APPROVE: ZONE
CHANGE (ZCH) 22-005, TO CHANGE THE ZONING
CLASSIFICATION FOR ONE PARCEL FROM C-2
COMMERCIAL ZONE (NEIGHBORHOOD SHOPPING CENTER)
TO R-1-7,500(SINGLE FAMILY RESIDENTIAL), CONSISTENT
WITH THE GENERAL PLAN AND LAND USE DESIGNATION OF
LOW DENSITY RESIDEN'I'IAL, AND MAKE FINDINGS THAT
THE PROJECT IS EXCEMPT FROM THE PROVISIONS OF
CEQA, FOR THE PROPERTY LOCATED AT 1909 EAST COVINA
BOULEVARD - APN: 8401-016-043
WHEREAS,Chapters 17.06and 17.80of the CovinaMunicipalprovidesthe procedure andadministrationof amendmentsand changesto theZoningMap; and s Wl-IEREAS,City sta? prepared dra? Ordinance 2-__ attached hereto as Attachmen A,whichproposesto amendthe O?cial ZoningMapof theCity ofCovinaby chan t ' theZonin
Classi?cation ?'om C-2 Commercial Zone (Neighborhood ShoppingCenter)to R-1-7,500 g( FamilyResidential)for the property locatedat 1909East CovinaBlvd,CA 91724 APN:Single 8401 016-043); and - WHEREAS, CMC Section 17.80.0S0 provides that any recommendation by the Plannin Commissionfor an amendmentshall requirean affirmative vote of not lessthan two-thirds g of th total voting membersafter at least one public hearing and must be ?led with the City Council e togetherwitha report of ?ndings,hearings,andothersupportingdata,withinthirty(30)days , afte the conclusionof the public hearing; and r
WHEREAS, notice of the public hearing for the Zone Change was published in the San GabrielValley Examiner on September 15, 2022, in accordance with CMC Section l7.80.l20 B.
1. All persons whose names and addressesappear on the latest availableassessment roll of the County of Los Angeles, as owning property within 300 feet fromthe exteriorboundariesof the subject propertieswere mailed the public hearing notices in accordancewith CMC Sectio l7.80.l20 B. 2.; and n
WHEREAS, Sections 17.80.080to l7.80.130 of the Covina Municipal Code (CMC) have been compliedwith in the considerationof Zone Change (ZCH) 22-005; and WHEREAS,all legalprerequisitespriorto adoptionof thisResolutionhave occurred.
THE PLANNING COMMISSION OF THE CITY OF COVINA, CALIFORNIA,
SECTION 1. The foregoingrecitals are true and correct and are incorporatedherein an made an operative part of this Resolution. d
SECTION 2. California EnLr9' nmengl Qgig Act (CEA) Findings. The Plannin Commissionhereby recommendsthattheCityCouncilmakethe followingenvironmental?ndings and determinationsin connectionwith the approvalof the proposedZone Change(ZCH) 22-005 Community Development Department staff determinedthat approval of the abovementione :
projectsis exempt from the requirementsof CEQApursuant to CEQAGuidelinesd (14 Cal. Code Regs. § 15000 et seq.) Section 1506l(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a signi?cant effect on the environment. The activity is covered by the common sense exemptionthat CEQAapplies only to projects whic have the potentialfor causing a signi?cant effect on the environment.The City Council h has reviewedCommunityDevelopmentDepartmentsta?’s determinationof exemption,andbasedon its own independentjudgment, concurs in staffs determinationthat the proposed projects are exempt from CEQA.
SECTION 3. Based on the evidence in the record, the Planning Commission?nds that the proposedZone Change will have no change in the GeneralPlan LandUse Map, the O?cial Zoning Map and the ZoningCode to be an in and internallyconsistentdocuments,an hereby recommendsits adoptionby the City Council. d
SECTION 4. Planning Commission Recommgngon. A?er giving full consideration to all evidencepresentedat the public hearing, and in considerationof the ?ndings made in Section 2 and 3, the PlanningCommissionof the City of Covinadoes hereby recommendthatsthe Cit CounciloftheCity of CovinaadopttheproposedResolutionCC2022-018 andOrdinance22-_y as follows:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH) 22-
005, TO CHANGE THE ZONING CLASSIFICATION FOR ONE
PARCEL FROM C-2 (CONHMERCIALZONE (NEIGHBORHOOD
SHOPPING CENTER) TO R-1-7,500 (SINGLE FAMILY
RESIDENTIAL), CONSISTENT WITH THE GENERAL PLAN AND
LANDUSE DESIGNATION OF LOW DENSTTYRESIDENTIAL, AND
MAKING A DETERMINATION OF EXCEPTION UNDER CEQA, FOR
THE PROPERTY LOCATED AT 1909EASTCOVINA BOULEVARD — APN: 8401-016-043” SECTION 5. The Secretary shall certify to the adoptionof this Resolutionand immediately ?le a copy of this Resolution with the City Council of the City of
.1’
SUSANZERMENO,CHAIRMAN
CITYOFCOVINAPLANNINGCOMMISSION
I hereby certify that the foregoing is a true copy of ResolutionNo. 2022-018 PC adopted by the Planning Commission of the City of Covina at a regular meeting thereof held on the 27"‘day of September,2022, by the following vote of the Planning Commission:
AYES: RICHARDSON, RODRIGUEZ, CONNORS, MCMEEKIN, ZERMENO NOES: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED by the members of the PlanningCommissio of Covina this 27“'day of September,2022. n
Page3 of3
“
<:
a
“Attachment A”
ORDINANCE NO. 22—___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH)
22-005,TO CHANGE THE ZONING CLASSIFICATION FOR ONE
PARCEL FROM C-2 (COMMERCIAL ZONE (NEIGHBORHOOD
SHOPPING CENTER) TO R-1-7,500 (SINGLE FAMILY
RESIDENTIAL), CONSISTENT WITH THE GENERAL PLAN AND
LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL,
AND MAKING A DETERMINATION OF EXCEPTION UNDER
CEQA, FOR THE PROPERTY LOCATED AT 1909 EAST COVINA
BOULEVARD — APN: 8401-016-043
WHEREAS, Chapters 17.06 and 17.80 of the Covina Municipal provides the procedures and administration of amendments and changes to the Zoning Map; and WHEREAS, City staff preparedthis Ordinance 22-:, which proposes to amend the Official Zoning Map of the City of Covina by changing the Zoning Classi?cation from C-2 (CommercialZone (NeighborhoodShoppingCenter) to R-1-7,500 (Single Family Residential) for the property located at 1909 East Covina Blvd, CA 91724 APN: 8401-016-043); and WHEREAS, notice of the public hearing for the Zone Change was publishedin the San Gabriel Valley Examiner on the 15"‘of September, 2022, in accordance with CMC Section
17.80.120B. 1.Allpersons whosenames and addressesappear on the latest available assessment rollofthe County of Los Angelec, as owning property within300 feet ?'omthe exteriorboundarie of the subject propertieswere mailed the public hearing notices in accordancewith CMCs Section l7.80.120 B. 2.; and
WHEREAS,Sections l7.80.080 to l7.80.l3O of the Covina MunicipalCode (CMC) have been compliedwith in the considerationof ZoneChange (ZCH) 22-005;and WHEREAS, on September 27, 2022, the Planning Commission held a continuedpubli hearing, at which time City Staff an interested persons had an opportunity to and did testifyceither in support of or against this matter; and
WHEREAS, on ,the City Councilof the City of Covina held a duly noticed public hearing as prescribedby law to considerthe proposedZone Change (ZCH) 22-005. The City Council consideredany comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change. Following consideration of the entire record of information received at the public hearing, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisitespriorto adoptionof this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF COVINA DOES ORDAIN AS
SECTION 1. On September 27, 2022, the Planning Commission held a duly noticed publichearing regardingthe proposedZone Change, and followingthe receiptof publictestimony, closed the hearing and adopted Resolution No. 22-018 PC, recommending that the City Council approve the proposedZone Change by adoption of this Ordinance.
SECTION 2. On 2022, the City Council conducted a duly noticed public hearing regardingthe proposedZone Change, and followingthe receiptof public testimony, closed the hearing.
SECTION 3. The City Council, based on its own independentjudgement, has determined that pursuant to the requirements of the California Environmental Quality Act (CEQA) and the state CEQAGuidelines, the proposedZone Change 22-005 is a project that would not directly or indirectly cause physical change as a result of discretionary approval. Section l5061(b)(3) (Review for Exemption) requiresthat the Lead Agency make a determination whetherthe project is exempt from CEQAprior to an initial study. The proposedzone change is not in conjunctio with n plans or permit applicationsthat will either construct or demolish structures. Approvalof the zone does not authorize developments that may have a signi?cant effect on the envirornnent. Per Section l5061(b)(3) of the CEQAGuidelines, the project is exempt ?om CEQAsince it is not a project that would have potentialfor causing a signi?cant effect on the environment.
SECTION 4. The City Council of the City of Covina does hereby ?nd, determine and declare that the proposedZone Change complies with the General Plan objectives and policies:
a. The proposedZone Change reducesinconsistenciesbetween the GeneralPlan and the Zoning Map under the Land Use Element Section H. B.2.j of the General Plan; and
b. The proposedZone Change is a proceduralmatter to achieve internalconsistency between General Plan and Zoning Map as allowed by Section V Programs/ImplernentationMeasures B1 of the Land Use Element.
SECTION 5. Zone Changes Approval. The City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-005, a request to change the Of?cial Zoning Map of the City of Covina changing the Zoning District from C-2 (Commercial Zone ( Neighborhood ShoppingCenter) to R-l-7,500 (SingleFamily Residential), consistentwith the GeneralPlanand land use designation of Low Density Residential,for the property located at 1909 East Covin Boulevard - APN: 8401-016-043. Further, the City Council hereby directs the Director a of Community Development to cause the amendment of the Of?cial Zoning Map of the City of Covina to re?ect ZCI-I22-005.
SECTION 6. Severability.If any section,subsection,sentence, clause,phrase,or portio n of this Ordinance is for any reason held to be invalid or unenforceableby a court of competent jurisdiction, the remaining portions of this Ordinanceshall nonethelessremain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid
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SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecutionforthe violationof any ordinance, which violation was committedpriorto the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisionsapplicableto any violationof such ordinances.
SECTION 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31“ day a?er its passage.
SECTION 9. Zoning Map. Section 17.06.050 of the CMC provides that the City Clerk record all amendments and changes to the zoning map within 48 hours a?er such amendments or changes become effective.
SECTION 10. Certi?cation. The City Clerk shall certify to the passage and adoptionof this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordancewith Section36933 of the Government Code.
SECTION 11. Noti?cation. Within 30 days of the effective date of this Ordinance, the City Clerk shall notify the Los AngelesCounty Assessor of passage and adoptionofthis Ordinance in accordancewith Section 65863.5 of the Government Code.
PASSED, APPROVED and ADOPTED this _"‘ day of , 2022.
City Councilof Covina,Califomia
FABIAN VELEZ,
Deputy City Clerk
BY:
PATRICIA CORTEZ, Mayor
CANDICEK. LEE,City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of
No. 22- was introducedfor firstreading at a REGULAR
2022. Therea?er,saidOrdinance was duly approvedand
City Council on the _"' day of 2022, by the
AYES: COUNCIL MEMBERS:
NOESE COUNCIL MEMBERS!
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ,
Deputy City Clerk
Covina, do hereby certify that Ordinanc
meeting on the _"' day of e
adoptedat a REGULAR meeting ofsai
following vote: d
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Nov 01 2022
Title: Introduction of Ordinance 22-19 Adopting by Reference and Amending Codes comprising the 2022 California Building Standards Code, including the 2022 Editions of the California Administrative, Building, Fire, Residential, Green Building Standards, Plumbing, Mechanical, Electrical, Energy, Existing Building, Historical Building, Referenced Standards Codes, and the 2021 International Property Maintenance Code, and Amending Title 14, Building and Construction, of the Covina Municipal Code Presented By: Robert Fisher, Building Official
Recommendation: 1. Waive full reading, read by title only, and introduce for first reading Ordinance 22-19, adopting by reference and amending the Codes comprising the California Building Standards Code (California Code of Regulations, Title 24) including the 2022 Editions of the California Administrative, Building, Fire, Residential, Green Building Standards, Plumbing, Mechanical, Electrical, Energy, Existing Building, Historical Building, and Referenced Standards Codes, and the 2021 International Property Maintenance Code, together with certain additions, insertions, deletions and changes thereto; and
2. Schedule a public hearing for December 6, 2022, to receive public input on the proposed adoption by reference of the aforementioned Codes.
BACKGROUND:
The California Health and Safety Code Section mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24, Parts 1 through 12, of the California Code of Regulations) every three years. The 2022 Edition of the California Building Standards Code becomes effective statewide on January 1, 2023. Local agencies may amend Codes comprising the California Building Standards Code, provided any amendments of building standards are supported by express findings.
DISCUSSION:
The California Health and Safety Code Section mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24, Parts 1 through 12, of the California Code of Regulations) every three years. The 2022 Edition of the California Building Standards Code becomes effective statewide on January 1, 2023. Local agencies may amend Codes comprising the California Building Standards Code, provided any amendments of building standards are supported by express findings.
The list below identifies the specific Codes proposed for adoption, as well as the model codes upon which the 2022 Title 24 regulations are based:
California Building Standards Code Reference Model Code 2022 California Administrative Code
2022 California Building Code 2021 International Building Code 2022 California Residential Code 2021 International Residential Code 2022 California Electrical Code 2020 National Electrical Code 2022 California Mechanical Code 2021 Uniform Mechanical Code 2022 California Plumbing Code 2021 Uniform Plumbing Code 2022 California Energy Code
2022 California Historical Building Code
2022 California Existing Building Code 2021 International Exist. Bldg. Code 2022 California Green Building Standards Code
2022 California Referenced Standards Code
2022 California Fire Code 2021 International Fire Code
2020 Los Angeles County Fire Code 2021 International Property Maintenance Code (not part of Title 24)
As alluded to previously, local agencies are allowed to amend the California Building Standards Code and other uniform Codes. However, to maintain a uniform minimum level of regulation throughout the state, any amendments to building standards must be justified by express findings reflecting specific conditions unique to the local jurisdiction. The amendments being proposed by staff are limited to administrative or procedural clarifications of the various Codes and concern themselves with subjects that either are not covered by the Codes or are reasonably necessary to effectively implement the Codes. Excepting for modifications to the 2022 California Residential Code, none of the proposed amendments make changes to the building standards set forth in the Codes and, therefore, express findings of unique local conditions are not required.
FISCAL IMPACT:
The Ordinance, as proposed, adopts a variety of regulatory codes by reference, and updates the City’s Building & Safety codes, as well as the Fire Code. As the Ordinance addresses only regulations and not fee schedules, the proposed action entails no fiscal impact. -
FEE ASSESSMENT AND RECOMMENDATION FOR INCREASE
FEE ADJUSTMENT;
• Green Building Plan check- (similar structure to MEP) • TECHNOLOGY FEE-Suggest 2-3%
• ARCHIEVE FEE= currently 2%
• SCANING/ELETRONIC direct cost per page. Per permit/application • Non-Residential Solar PV- review/adjustment to meet state standards • Non- Residential or public/private EV charging stations-Project Type/ Permit Fee • ADU / JADU impact fee proportional relative to SFR fee structure CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The adoption of this Ordinance is exempt from CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378), of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
ATTACHMENTS:
Attachment A - Ordinance 22-19
Respectfully submitted,
ORDINANCE 22-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, MAKING FINDINGS UNDER CEQA, AMENDING TITLE
14 OF THE COVINA MUNICIPAL CODE AND ADOPTING BY
REFERENCE: CODES COMPRISING THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 1 - 12), INCLUDING THE
CALIFORNIA ADMINISTRATIVE CODE (2022 EDITION), THE
CALIFORNIA BUILDING CODE VOLUMES 1 & 2 INCLUDING
APPENDICES B, D, F, I, J, N, O And P (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL BUILDING CODE), THE
CALIFORNIA RESIDENTIAL CODE INCLUDING APPENDICES AH,
AK, AL, AO, AR, AS, AU, AV, AW, AX, And AZ (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL
RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING
STANDARDS CODE (2022 EDITION), THE CALIFORNIA MECHANICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021
UNIFORM MECHANICAL CODE), THE CALIFORNIA PLUMBING
CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021
UNIFORM PLUMBING CODE), THE CALIFORNIA ELECTRICAL
CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRICAL CODE), THE CALIFORNIA FIRE CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021
INTERNATIONAL FIRE CODE), THE CALIFORNIA EXISTING
BUILDING CODE (2022 EDITION), THE CALIFORNIA ENERGY CODE (2022 EDITION), THE CALIFORNIA HISTORICAL BUILDING CODE (2022 EDITION), AND THE CALIFORNIA REFERENCED STANDARDS CODE (2022 EDITION); AND THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings:
A. The City of Covina (“City”) intends to adopt Codes comprising the 2022 California Building Standards Code (Title 24, Parts 1 - 12, of the California Code of Regulations), including the 2022 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Fire, Energy, Historical Building, Existing Building, Green Building Standards, and Referenced Standards Codes.
B. The City also intends to adopt the 2021 International Property Maintenance Code.
C. California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building
Ordinance 22-19 Page 2 of 39
Standards Commission (the “Commission”) or at a later date after publication established by the Commission.
D. The California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, Green Building Standards, and Referenced Standards Codes incorporated into Title 24 of the California Code of Regulations as Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, respectively.
E. California Government Code Section 50022.1, et seq. authorizes the City to adopt codes by reference, in whole or in part, as a primary code, and that the primary code may adopt by reference a secondary code, in whole or in part.
F. California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive building standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions.
G. The City held a public hearing on December XX, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes, as amended herein.
H. The City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 11, 2022, and November 18, 2022.Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Chapter 14.02 (“Adoption of Codes by Reference”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.02
ADOPTION OF CODES BY REFERENCE
Sections:
14.02.010 Adoption of codes by reference.
14.02.010 Adoption of codes by reference.
The city adopts by reference and makes part of this chapter, subject to those certain amendments set forth in Chapters 14.04 through 14.10 of the CMC, the following Codes (one copy of each is on file for use and examination by the public in the office of the City Clerk of the City of Covina):
Ordinance 22-19 Page 3 of 39
A. California Administrative Code (Part 1 of Title 24 of the California Code of Regulations), 2022 Edition;
B. California Building Code (Part 2 of Title 24 of the California Code of Regulations), 2022 Edition, including Volumes 1 and 2, and Appendices B, D, F, I, J, N, O and P.
C. California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), 2022 Edition, including Appendices AH, AK, AL, AO, AR, AS, AU, AV, AW, AX, and AZ D. California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), 2022 Edition;
E. California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), 2022 Edition;
F. California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), 2022 Edition;
G. California Fire Code (Part 9 of Title 24 of the California Code of Regulations), 2022 Edition; H. California Energy Code (Part 6 of Title 24 of the California Code of Regulations), 2022 Edition;
I. California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), 2022 Edition;
J. California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), 2022 Edition;
K. California Referenced Standards Code (Part 12 of Title 24 of the California Code of Regulations), 2022 Edition;
L. California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), 2022 Edition.
M. International Property Maintenance Code 2021 Edition SECTION 4. Chapter 14.03 (“Administrative Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.03
ADMINISTRATIVE CODE
Sections:
14.03.010 2022 California Administrative Code adoption by reference.
14.03.010 2022 California Administrative Code adoption by reference.
Ordinance 22-19 Page 4 of 39
The city adopts the 2022 Edition of the California Administrative Code (Part 1 of Title 24 of the California Code of Regulations). Said code shall be and become the Covina Administrative Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 5. Chapter 14.04 (“Building Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.04
BUILDING CODE
Sections:
14.04.010 2022 California Building Code adoption by reference.
14.04.020 Amendments to the 2022 California Building Code.
14.04.030 Section 101 – General – Amended - Referenced Codes.
14.04.040 Section 105 – Permits – Amended – Work exempt from permit.
14.04.050 Section 105 – Permits – Amended – Time limitation of application.
14.04.060 Section 105 – Permits – Amended – Expiration.
14.04.070 Section 107 – Submittal Documents – Amended – General.
14.04.080 Section 107 – Submittal Documents – Amended – Retention of construction documents.
14.04.090 Section 109 – Fees – Amended – Payment of fees.
14.04.100 Section 109 – Fees – amended – Schedule of permit fees.
14.04.110 Section 109 – Fees – Amended – Work commencing before permit issuance.
14.04.120 Section 109 – Fees – Amended – Refunds.
14.04.130 Section 111 – Certificate of Occupancy – Amended – Change of occupancy.
14.04.140 Section 111 – Certificate of Occupancy – Amended – Temporary occupancy.
14.04.150 Section 112 – Service Utilities – Amended – Temporary connection.
14.04.160 Section 113 – Board of Appeals – Amended.
14.04.170 Section 114 – Violations – Amended – Unlawful acts.
14.04.180 Section 114 – Violations – Amended – Violation penalties.
14.04.190 Section 114 – Violations – Amended – Legalizing procedures.
14.04.200 Appendix J – Grading – Amended.
14.04.210 Expedited review of small residential rooftop solar energy system permits.
14.04.220 Expedited permitting process for electric vehicle charging stations.
Ordinance 22-19 Page 5 of 39
14.04.010 2022 California Building Code adoption by reference.
The city adopts the 2022 Edition of the California Building Code, Volumes 1 and 2, including Appendices B, D, F, I, J, N, O and P together with the amendments provided in this chapter, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all non-residential buildings and/or structures in the city. Said code shall be and become the Covina Building Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.04.020 Amendments to the 2022 California Building Code.
The 2022 Edition of the California Building Code, including the Appendices adopted pursuant to CMC 14.04.010, is amended as set forth in CMC 14.04.030 through 14.04.220.
14.04.030 Section 101 – General – Amended - Referenced Codes.
Subsection 101.4 of Section 101 is amended to read as follows:
101.4 Referenced codes. Whenever any of the names or terms defined in this Section is used, each such name or term shall be deemed or construed to have the following meaning within the Covina Municipal Code:
‘Administrative Code’ shall mean Chapter 14.03 of the Covina Municipal Code. ‘Building Code’ shall mean Chapter 14.04 of the Covina Municipal Code. ‘Residential Code’ shall mean Chapter 14.05 of the Covina Municipal Code. ‘Electrical Code’ shall mean Chapter 14.06 of the Covina Municipal Code. ‘Mechanical Code’ shall mean Chapter 14.08 of the Covina Municipal Code. ‘Plumbing Code’ shall mean Chapter 14.10 of the Covina Municipal Code. ‘Fire Code’ shall mean Chapter 14.12 of the Covina Municipal Code. ‘Uniform Housing Code’ shall mean Chapter 14.14 of the Covina Municipal Code. ‘Uniform Code for the Abatement of Dangerous Buildings’ shall mean Chapter 14.16 of the Covina Municipal Code.
‘Elevator Safety Orders’ shall mean Chapter 14.22 of the Covina Municipal Code. ‘Technical Codes’ shall mean Chapters 14.03, 14.04, 14.05, 14.06, 14.08, 14.10, 14.12,
14.13, 14.14, 14.16, 14.18, 14.20, 14.24, 14.26, 14.28, 14.30, 14.32, 14.34 and 14.44 of the Covina Municipal Code.
14.04.040 Section 105 – Permits – Amended – Work exempt from permit.
Ordinance 22-19 Page 6 of 39
Subsection 105.2 is amended to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2) and the height is no greater than 15 feet (4572 mm).
Masonry Fences or wall not over 6 feet (1829 mm) high.
Oil derricks.
Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
Temporary motion picture, television and theater stage sets and scenery.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons ( 18,925 L) and are installed entirely above ground.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Walls constructed of masonry materials, including, but not limited to, brick, stone, block, and concrete that are 3 feet (914 mm) or less in height measured from the top of the footing to the top of the wall.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Ordinance 22-19 Page 7 of 39
4. Low Voltage Systems: Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 1,200 watts of energy.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilating equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
14.04.050 Section 105 – Permits – Amended – Time limitation of application.
Subsection 105.3.2 is hereby amended to read as follows:
105.3.2 Time limitation for application. An application for which no permit is issued within 180 days following the date of application shall expire by limitation. Submittal documents and other data submitted for review may thereafter be destroyed as required by the City’s records retention schedule.
The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once.
An application shall not be extended if this code, or other pertinent laws or ordinances, have been amended after the date of application. In order to renew action on an application after expiration, the applicant shall resubmit submittal documents and pay a new plan review fee.
14.04.060 Section 105 – Permits – Amended – Expiration.
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Subsection 105.5 is hereby amended and Subsection 105.5.1 is hereby added to read as follows:
105.5 Expiration. Except as set forth in subsection 105.5.1, every permit issued for property within the City shall expire by limitation and become null and void as follows:
If work authorized by such permit is not commenced within 365 days from the issuance date of such permit.
If work authorized by such permit is commenced within 365 days from the issuance date of such permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, ‘suspended or abandoned’ shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the Building Official after inspection. The building official may, in his or her discretion, grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
In the event of permit expiration, before work authorized pursuant by the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a ‘renewal permit’). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the building official and/or chief planning official. The applicant must pay all applicable fees, including, but not limited to, a plan check fee and building permit fees, in the amount then established by resolution of the city council. If renewal permits are applied for, a mandatory site inspection shall be performed by the Building and Safety Department to determine compliance of existing conditions and materials with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in paragraph 2 above.
In the event of permit expiration, any work performed under that permit is ‘unpermitted’ as defined in Section 114.1 of this code, and is subject to the legalization provisions of Section 114.5 of this code.
105.5.1 Expiration – Unpermitted structures or grading. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an unpermitted structure or unpermitted grading (as defined in Sections 114.1.1 and 114.1.2 of this code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule, or regulation, such permit shall expire by limitation and become null and void 60 days after the date on which the permit was issued. The building official may, in his or her sole discretion, extend the validity of the permit for a period not exceeding 180 days beyond the initial 60 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit, if the building official determines that substantial progress has been made toward completing the work authorized by the permit.
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[NOTE: THIS MAY CONFLICT WITH H&SC SEC. 18938.5 AND 6]
14.04.070 Section 107 – Submittal Documents – Amended – General.
Subsection 107.1 is hereby amended to read as follows:
107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. Further, except for plans of a common interest development as defined in Section 4100 of the California Civil Code, plans need not be filed for:
1. Single or multiple dwellings not more than two stories and basement in height.
2. Garages and other structures appurtenant to buildings described under paragraph 1 above.
14.04.080 Section 107 – Submittal Documents – Amended – Retention of construction documents.
Subsection 107.5 is hereby amended to read as follows:
107.5 Retention of construction documents. The building official shall maintain an official copy, which may be on microfilm, electronic media, or other type of photographic copy, of approved construction documents for every building for a period not less than 180 days from date of completion of the permitted work, or as required by the City’s records retention requirements.
14.04.090 Section 109 – Fees – Amended – Payment of fees.
Subsection 109.1 is hereby amended to read as follows:
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
When submittal documents are required by Section 107 of this code, a plan review fee shall be paid at the time of the submittal of the documents for plan review. Said plan review fees shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or structurally/architecturally changed after submittal,
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additional plan review fees shall be charged as established from time to time by resolution of the city council.
14.04.100 Section 109 – Fees – Amended – Schedule of permit fees.
Subsection 109.2 is hereby amended and Subsection 109.2.1 is hereby added to read as follows:
109.2 Schedule of permit fees. The fee for each permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations. 109.2.1 Fee waiver. The City Manager, or his or her designee, may waive plan review and/or permit fees for projects that meet one or more of the following criteria:
1. Housing rehabilitation project applications approved through the Covina Redevelopment Agency’s low-income housing program.
2. City projects when the contractor is expressly exempt, under the terms of the contract, from payment of such fees.
3. City projects when the permit applicant is an employee, official, or representative of the City acting in his/her official capacity.
4. Community Development Block Grant projects that have a disposition and development agreement or an economic agreement with the City.
5. Projects that utilize green building practices that meet or exceed the intent of an approved national, state, regional, or private standard, and the particular practices have been reviewed and approved by the City prior to permit application.
14.04.110 Section 109 – Fees – Amended – Work commencing before permit issuance.
Subsection 109.4 is hereby amended to read as follows:
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established from time to time by resolution of the city council in addition to the required permit fees. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Sections 114.1.1 and 114.1.2 of this code, shall submit construction documents as set forth in Section 107 of this code.
14.04.120 Section 109 – Fees – Amended – Refunds.
Subsection 109.6 is hereby amended to read as follows:
109.6 Refunds. The building official may authorize the refund of any fee paid hereunder which was erroneously paid or collected.
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The building official may authorize refunding of not more than 80 percent of the permit, plan review, and energy fee paid when no work has been commenced under a permit, or when an application for a permit for which a plan review fee has been paid is withdrawn.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
14.04.130 Section 111 – Certificate of Occupancy – Amended – Change of occupancy.
Subsection 111.1 is amended to read as follows:
111.1 Change of occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, nor shall any person, firm, company, corporation or officer, agent, or employee thereof, permit or allow a building or structure to be used or occupied or a change in the existing occupancy classification of a building or structure or portion thereof to be made until the building official has issued a certificate of occupancy therefor as provided in this Section 111. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code.
14.04.140 Section 111 – Certificate of Occupancy – Amended – Temporary occupancy.
Subsection 111.3 is hereby amended to read as follows:
111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The fee for issuance of each temporary certificate of occupancy shall be established by resolution of the city council and may be amended from time to time.
14.04.150 Section 112 – Service Utilities – Amended – Temporary connection.
Subsection 112.2 is hereby amended to read as follows:
112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. Each such method of temporary connection shall be submitted to the building official for review. The fee for review of each temporary connection of utilities application shall be established by resolution of the city council and may be amended from time to time.
14.04.160 Section 113 – Board of Appeals – Amended.
SECTION 6. Section 113 is hereby amended to read as follows:
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SECTION 113
BOARD OF APPEALS
113.1 General. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section. 113.2 Scope. Notwithstanding the provisions of the Technical Codes, an appeal is limited to the following orders, decisions, or determinations of the building official:
1. Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;
2. Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not be stayed during the pendency of the appeal;
3. Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with the Order to Demolish shall not be stayed during the pendency of the appeal.
The right of appeal shall not exist for determinations of the building official, or his or her designee, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
113.3 Appeal procedure.
1. Any person who is aggrieved by an order, decision, or determination of the building official, as provided in Section 113.1 of this code, may appeal said order, decision, or determination. Such appeal shall be in writing and must be filed with the city clerk within 10 business days from the date of service of the order, decision, or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. Appeals shall be scheduled in the manner set forth in Section 1.26.090 of the Covina Municipal Code. If a timely appeal is not received by the city clerk, the right to appeal is waived and the order, decision, or determination of the building official is deemed final and binding.
2. Appeals shall be heard before an impartial hearing officer, designated by the public works director, or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. The order, decision, or determination of the building official shall be prima facie evidence of the violation.
The hearing officer may affirm, modify, or rescind the order, decision, or determination of the building official. Appeals before a hearing officer shall be conducted, and decisions shall be issued, in the manner set forth in Section 1.26.100 of the Covina Municipal Code.
3. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals. Such appeal shall be in writing, must be filed in the same manner within the same time period, and contain the same information,
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as an appeal to the hearing officer, as provided in paragraph 1 above. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the city clerk, the decision of the hearing officer is deemed final and binding.
Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person’s administrative remedy.
4. Appeals before the Board of Appeals shall be public, but shall otherwise be scheduled and conducted, and decisions shall be issued, in the same manner as an appeal before the hearing officer.
113.4 Board of Appeals.
1. The Board of Appeals shall consist of 3 members of the City of Covina Planning Commission, who shall be appointed by majority vote of the city council. Each member of the Board of Appeals shall serve for a term of 2 years, after which any member may be reappointed by the city council. There shall be no limit to the number of terms a member of the Board of Appeals may serve. Each member of the Board of Appeals shall serve at the pleasure of the city council and may be removed, at any time, by majority vote of the city council.
2. A vacancy shall occur on the Board of Appeals where, prior to the expiration of a member’s then current term, one of the following occurs:
2.1. A member is unable to carry out the duties of the office, whether due to illness, absence, incapacity, or other circumstance;
2.2. A member voluntarily resigns from the Board of Appeals;
2.3. A member is removed from the Board of Appeals by the city council; or
2.4. A member is no longer qualified to sit on the Board of Appeals because he or she no longer serves on the City of Covina Planning Commission.
If a vacancy occurs on the Board of Appeals, it shall be filled by the appointment of an interim member, by majority vote of the city council, who shall serve for the remainder of the departing member’s term.
113.5 Limitation on authority of Board of Appeals. The Board of Appeals shall have no authority to waive the technical requirements of the this code or other Technical Codes adopted in Title 14 of the Covina Municipal Code.
14.04.170 Section 114 – Violations – Amended – Unlawful acts.
Subsection 114.1 is hereby amended and Subsections 114.1.1 and 114.1.2 are hereby added to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or
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permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
114.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, ‘unpermitted structure’ shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void. 114.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, ‘unpermitted grading’ shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
14.04.180 Section 114 – Violations – Amended – Violation penalties.
Subsection 114.4 is hereby amended to read as follows:
114.4 Violation Penalties. Any person, firm, or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.16 of the Covina Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
14.04.190 Section 114 – Violations – Amended – Legalizing procedures.
Subsection 114.5 is hereby added to read as follows:
114.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 114.5.1 through 114.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading. 114.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections 114.1.1 and 114.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the Covina Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in subsection 105.5.1 of this code.
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114.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the chief planning official and the building official for review and approval. 114.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the chief planning official, building official, and city engineer for review and approval.
114.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the building official in accordance with, and in the manner prescribed in, the Technical Codes. The building official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
114.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, ‘special investigation’ shall include, but is not limited to, inspecting premises and structures, reviewing permit, license, and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
14.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by City officials in undertaking the special investigation, as defined in subsection 114.5.5 of this code, charged at the hourly rate that has been established by resolution of the city council for recovery of code enforcement fees pursuant to Section 1.28.020.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law.
114.5.6 Unpermitted structures or grading which cannot be legalized.
1. If the chief planning official determines that the City’s zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
2. If the building official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Codes requirements, the
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structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
3. If the building official and/or city engineer determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
14.04.200 Appendix J – Grading – Amended.
For purposes of Appendix J, the term ‘building official’ shall mean ‘building official or city engineer’.
14.04.210 Expedited review of small residential rooftop solar energy system permits.
A. Definitions.
1. “Electronic submittal” shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(J)(2), as the same may be amended from time to time.
2. “Small residential rooftop solar energy system” shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(J)(3), as the same may be amended from time to time.
B. Small Residential Rooftop Solar Energy System Standard Plan and Permit Application Checklist.
1. The city shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system standard plan(s) and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
2. All documents required for the submission of a small residential rooftop solar energy system permit application, the standard plan(s), and checklist(s) shall be made available on the publicly accessible city website.
3. Electronic permit applications shall be submitted through the method of electronic submittal specified by the building official and shall be available to all small residential rooftop solar energy system permit applicants. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
C. Permit Application Review.
1. An application that satisfies the information requirements in the checklist(s) and standard plan(s) shall be deemed complete.
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2. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
3. The building official shall issue a building permit for any complete application that meets the requirements of the approved checklist(s) and standard plan(s) as follows:
within three business days for any application, or as soon thereafter as may be practicable. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
4. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
D. Inspection Requirements.
1. Inspection requests may be submitted by electronic submittal, as required by the building official.
2. Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems eligible for expedited review.
3. The inspection shall be done in a timely manner. The building official shall use its best efforts to schedule an inspection within two business days of a request and provide a two-hour inspection window.
4. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section.
E. Fees. Fees for permits and inspections associated with this chapter may be established by resolution of the city council.
14.04.220 Expedited permitting process for electric vehicle charging stations.
A. Applicability. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7.
B. Definitions. The following definitions shall apply for purposes of this section:
1. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it read on January 1, 2022, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.
2. “Electronic submission” means a submission of an application utilizing email, the internet, and/or facsimile transmission.
3. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.
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C. Process.
1. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California:
Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The checklist, application form, and any other documents required by the building official shall be published on the city’s website.
2. Anyone seeking to install an electric vehicle charging station at any site within the city shall apply to the building official for an expedited nondiscretionary building permit.
3. An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.
4. An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the city shall be deemed complete.
5. If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.
6. If the building official determines that an application for an expedited building permit is complete, the building official shall review the application. If the building official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.
7. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging station.
8. An application for an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official’s review shall be limited to health and safety issues.
Aesthetic concerns or other items not related to public health or safety may not be considered.
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9. A decision of the building official made pursuant to subsections (C)(6) through (8) of this section may be appealed to the planning commission. The planning commission’s review shall also be limited to health and safety issues.
10. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
D. Fees. The city council may establish by resolution fees that shall be charged for permits issued under this section.”
SECTION 7. Chapter 14.05 (“Residential Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows “Chapter 14.05
RESIDENTIAL CODE
Sections:
14.05.010 2022 California Residential Code adoption by reference.
14.05.020 Amendments to the 2022 California Residential Code.
14.05.030 Section R105 – Permits – Amended – Work exempt from permit.
14.05.040 Section R105 – Permits – Amended – Time limitation for application.
14.05.050 Section R105 – Permits – Amended – Expiration.
14.05.060 Section R106 – Construction Documents – Amended – Submittal documents.
14.05.070 Section R106 – Construction Documents – Amended – Retention of construction documents.
14.05.080 Section R108 – Fees – Amended.
14.05.090 Section R110 – Certificate of Occupancy – Amended – Use and occupancy.
14.05.100 Section R110 – Certificate of Occupancy – Amended – Temporary occupancy.
14.05.110 Section R111 – Service Utilities – Amended – Temporary connection.
14.05.120 Section R112 – Board of Appeals – Amended.
14.05.130 Section R113 – Violations – Amended – Unlawful acts.
14.05.140 Section R113 – Violations – Amended – Violation penalties.
14.05.150 Section R113 – Violations – Amended – Legalizing procedures.
14.05.160 Appendix AX – Swimming Pool Safety Act – Amended – Construction permit; safety features required.
14.05.010 2022 California Residential Code adoption by reference.
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The City adopts the 2022 Edition of the California Residential Code, including Appendices AH, AK, AL, AO, AR, AS, AU, AV, AW, AX, and AZ, together with the amendments provided in this chapter, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of residential buildings and their accessory structures within the city. Said code shall be and become the Covina Residential Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.05.020 Amendments to the 2022 California Residential Code.
The 2022 Edition of the California Residential Code is amended as set forth in CMC 14.05.030 through 14.05.160.
14.05.030 Section R105 – Permits – Amended – Work exempt from permit.
Subsection R105.2 is hereby amended to read as follows:
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2) and the height is no greater than 15 feet (4572 mm).
2. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1.
3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
6. Swings and other playground equipment.
7. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
8. Decks not exceeding 200 square feet (18.59 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
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9. Walls constructed of masonry materials, including, but not limited to, brick, stone, block and concrete that are 3 feet or less in height measured from the top of the footing to the top of the wall.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
Portable heating appliances.
Portable ventilation appliances.
Portable cooling units.
Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Portable evaporative coolers.
Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
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Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
14.05.040 Section R105 – Permits – Amended – Time limitation for application.
Subsection R105.3.2 is hereby amended to read as follows:
R105.3.2 Time limitation of application. An application for which no permit is issued within 180 days following the date of application shall expire by limitation. Submittal documents and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.
The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once.
An application shall not be extended if this code, or other pertinent laws or ordinances, have been amended after the date of application. In order to renew action on an application after expiration, the applicant shall resubmit submittal documents and pay a new plan review fee.
14.05.050 Section R105 – Permits – Amended – Expiration.
Subsection R105.5 is hereby amended and Subsection R105.5.1 is hereby added to read as follows:
R105.5 Expiration. Except as set forth in Section R105.5.1, every permit issued for property within the City shall expire by limitation and become null and void as follows:
1. If work authorized by such permit is not commenced within 365 days from the issuance date of such permit.
2. If work authorized by such permit is commenced within 365 days from the issuance date of such permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, ‘suspended or abandoned’ shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the building official after inspection. The building official may, in his or her discretion, grant, in writing, one or more extensions of time, for periods
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of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
3. In the event of permit expiration, before work authorized pursuant by the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a ‘renewal permit’). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the building official and/or chief planning official. The applicant must pay all applicable fees, including, but not limited to, a plan check fee and building permit fees, in the amount then established by resolution of the city council. If renewal permits are applied for, a mandatory site inspection shall be performed by the Building and Safety Department to determine compliance of existing conditions and materials with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in paragraph 2, above.
4. In the event of permit expiration, any work performed under that permit is ‘unpermitted’ as defined in Section R113.1 of this code, and is subject to the legalization provisions of Section R113.5 of this code.
R105.5.1 Expiration – Unpermitted structures or grading. Notwithstanding any provision of Section R105.5, if a building permit was issued in order to bring an unpermitted structure or unpermitted grading (as defined in Sections R113.1.1 and R113.1.2 of this code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 180 days after the date on which the permit was issued. The building official may, in his or her sole discretion, extend the validity of the permit for a period not exceeding 180 days beyond the initial 180 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit, if the building official determines that substantial progress has been made toward completing the work authorized by the permit.
14.05.060 Section R106 – Construction Documents – Amended – Submittal documents.
Subsection R106.1 is hereby amended to read as follows:
R106.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. Further,
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except for plans of a common interest development as defined in Section 4100 of the California Civil Code, plans need not be filed for:
1. Single or multiple dwellings not more than two (2), one stories max in height.
2. Garages and other structures appurtenant to buildings described under paragraph 1 above.
14.05.070 Section R106 – Construction Documents – Amended – Retention of construction documents.
Subsection R106.5 is hereby amended to read as follows:
R106.5 Retention of construction documents. The building official shall maintain an official copy, which may be on microfilm, electronic media, or other type of photographic copy, of the plans of every building, during the life of the building, for which a permit was issued.
14.05.080 Section R108 – Fees – Amended.
Section R108 is hereby amended to read as follows:
SECTION R108
FEES
R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall any amendment to a permit be released until the additional fee, if any, has been paid.
When submittal documents are required by Section R106 of this code, a plan review fee shall be paid at the time of the submittal of the documents for plan review. Said permit and plan review fees shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or structurally/architecturally changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
R108.2 Schedule of permit fees. The fee for each permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
R108.2.1 Fee Waiver. The City Manager, or his or her designee, may waive plan review and/or permit fees for projects that meet one or more of the following criteria:
1. Housing rehabilitation project applications approved through the Covina Redevelopment Agency’s low-income housing program.
2. City projects when the contractor is expressly exempt, under the terms of the contract, from payment of such fees.
3. City projects when the permit applicant is an employee, official, or representative of the City acting in his/her official capacity.
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4. Community Development Block Grant projects that have a disposition and development agreement or an economic agreement with the City.
5. Projects that utilize green building practices that meet or exceed the intent of an approved national, state, regional, or private standard and the particular practices have been reviewed and approved by the City prior to permit application.
R108.3 Building permit valuations. Building permit valuations shall include total value of the work for which a permit is being issued, such electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
R108.5 Refunds. The building official may authorize the refund of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit, plan review, and energy fee paid when no work has been commenced under a permit, or when an application for a permit for which a plan review fee has been paid is withdrawn.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established from time to time by resolution of the city council that shall be in addition to the required permit fees.
Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Sections R113.1.1 and R113.1.2 of this code, shall submit construction documents as set forth in Section R106 of this code.
14.05.090 Section R110 – Certificate of Occupancy – Amended – Use and occupancy.
Subsection R110.1 is hereby amended to read as follows:
R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, nor shall any person, firm, company, corporation or officer, agent, or employee thereof, permit or allow a building or structure to be used or occupied or a change in the existing occupancy classification of a building or structure or portion thereof to be made until the building official has issued a certificate of occupancy therefor as provided in this Section R110. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.
Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the city shall not be valid.
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14.05.100 Section R110 – Certificate of Occupancy – Amended – Temporary occupancy.
Subsection R110.4 is hereby amended to read as follows:
R110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The fee for issuance of each temporary certificate of occupancy shall be established by resolution of the city council and may be amended from time to time.
14.05.110 Section R111 – Service Utilities – Amended – Temporary connection.
Subsection R111.2 is hereby amended to read as follows:
R111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. Each such method of temporary connection shall be submitted to the building official for review. The fee for review of each temporary connection of utilities application shall be established by resolution of the city council and may be amended from time to time.
14.05.120 Section R112 – Board of Appeals – Amended.
Section R112 is hereby amended to read as follows:
SECTION R112
BOARD OF APPEALS
R112.1 General. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.05.120 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.
R112.2 Scope of appeal. Notwithstanding the provisions of the Technical Codes, an appeal is limited to the following orders, decisions, or determinations of the building official:
1. Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;
2. Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not be stayed during the pendency of the appeal;
3. Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with the Order to Demolish shall not be stayed during the pendency of the appeal.
The right of appeal shall not exist for determinations of the building official, or his or her designee, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
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R112.3 Appeal procedure.
1. Any person who is aggrieved by an order, decision, or determination of the building official as provided in Section 112.1 of this code, may appeal said order, decision, or determination. Such appeal shall be in writing and must be filed with the city clerk within 10 business days from the date of service of the order, decision, or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. Appeals shall be scheduled in the manner set forth in Section 1.26.090 of the Covina Municipal Code. If a timely appeal is not received by the city clerk, the right to appeal is waived and the order, decision, or determination of the building official is deemed final and binding.
2. Appeals shall be heard before an impartial hearing officer, designated by the public works director, or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. The order, decision, or determination of the building official shall be prima facie evidence of the violation.
The hearing officer may affirm, modify, or rescind the order, decision, or determination of the building official. Appeals before a hearing officer shall be conducted, and decisions shall be issued, in the manner set forth in Section 1.26.100 of the Covina Municipal Code.
3. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals. Such appeal shall be in writing, must be filed in the same manner within the same time period, and contain the same information, as an appeal to the hearing officer, as provided in paragraph 1 above. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the city clerk, the decision of the hearing officer is deemed final and binding.
Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person’s administrative remedy.
4. Appeals before the Board of Appeals shall be public, but shall otherwise be scheduled and conducted, and decisions shall be issued, in the same manner as an appeal before the hearing officer.
R112.4 Board of Appeals.
1. The Board of Appeals shall consist of 3 members of the City of Covina Planning Commission, who shall be appointed by majority vote of the city council. Each member of the Board of Appeals shall serve for a term of 2 years, after which any member may be reappointed by the city council. There shall be no limit to the number of terms a member of the Board of Appeals may serve. Each member of the Board of Appeals shall serve at the pleasure of the city council and may be removed, at any time, by majority vote of the city council.
2. A vacancy shall occur on the Board of Appeals where, prior to the expiration of a member’s then current term, one of the following occurs:
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2.1 A member is unable to carry out the duties of the office, whether due to illness, absence, incapacity, or other circumstance;
2.2 A member voluntarily resigns from the Board of Appeals;
2.3 A member is removed from the Board of Appeals by the city council; or
2.4 A member is no longer qualified to sit on the Board of Appeals because he or she no longer serves on the City of Covina Planning Commission.
If a vacancy occurs on the Board of Appeals, it shall be filled by the appointment of an interim member, by majority vote of the city council, who shall serve for the remainder of the departing member’s term.
R112.5 Limitation on authority of board of appeals. The Board of Appeals shall have no authority to waive the technical requirements of this code or other Technical Codes adopted in Title 14 of the Covina Municipal Code.
14.05.130 Section R113 – Violations – Amended – Unlawful acts.
Subsection R113.1 is hereby amended and Subsections R113.1.1 and R113.1.2 are hereby added to read as follows:
R113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by this code, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of this code.
R113.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, ‘unpermitted structure’ shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
R113.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, ‘unpermitted grading’ shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
14.05.140 Section R113 – Violations – Amended – Violation penalties.
Subsection R113.4 is hereby amended to read as follows:
R113.4 Violation penalties. Any person, firm, or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of
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approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.16 of the Covina Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
14.05.150 Section R113 – Violations – Amended – Legalizing procedures.
Subsection R113.5 is hereby added to read as follows:
R113.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections R113.5.1 through R113.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.
R113.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections R113.1.1 and R113.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the Covina Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in subsection R105.5.1 of this code.
R113.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the chief planning official and building official for review and approval.
R113.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the chief planning official, building official, and city engineer for review and approval.
R113.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the building official in accordance with, and in the manner prescribed in, the Technical Codes. The building official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
R113.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, ‘special investigation’ shall include, but is not limited to, inspecting premises and structures, reviewing permit, license, and other records of the City or other agencies, reviewing plans, taking photographs,
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engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
R113.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by city officials in undertaking the special investigation, as defined in subsection R113.5.5 of this code, charged at the hourly rate that has been established by resolution of the city council for recovery of code enforcement fees pursuant to Section 1.28.020.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law.
R113.5.6 Unpermitted structures or grading which cannot be legalized.
1. If the chief planning official determines that the City’s zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
2. If the building official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
3. If the building official and/or city engineer determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
14.05.160 Appendix AX – Swimming Pool Safety Act – Amended – Construction permit; safety features required.
Subsection 115922 of Section AX100 is hereby amended to read as follows:
115922. Construction permit; safety features required.
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with feature # 1 below and at least one other drowning prevention safety features below:
1. An enclosure that meets the requirements of Section 115921(c) and isolates the swimming pool or spa from the private single-family home.
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2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is selfclosing and self-latching and can accommodate a key lockable device.
3. An approved safety pool cover, as defined in Section 115921(d).
4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified by the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
7. Other means of protection, if the degree of protection afforded it equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.”
SECTION 7. Chapter 14.06 (“Electrical Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.06
ELECTRICAL CODE
Sections:
14.06.010 2022 California Electrical Code adoption by reference.
14.06.020 Amendments to the 2022 California Electrical Code.
14.06.030 Section 89.108. – Department of Housing and Community Development - Amended – Fees.
14.06.040 Section 89.108 - Department of Housing and Community Development - Amended – Appeals board.
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14.06.050 Section 89.108 - Department of Housing and Community Development - Amended – Actions and proceedings.
14.06.010 2022 California Electrical Code adoption by reference.
The City adopts the 2022 Edition of the California Electrical Code, together with the amendments provided in this chapter, for the purpose of regulating all installation, arrangement, alteration, repair, use, and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.06.020 Amendments to the 2022 California Electrical Code.
The 2022 Edition of the California Electrical Code is amended as set forth in CMC 14.06.030 through 14.06.050.
14.06.030 Section 89.108. – Department of Housing and Community Development - Amended – Fees.
Subsection 89.108.4.2 is hereby amended and Subsection 89.108.4.2.1 is hereby added to read as follows:
89.108.4.2 Permit fees. A fee for each electrical permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
89.108.4.2.1 Plan Review Fees. A fee for each plan review shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or the design is changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
14.06.040 Section 89.108 - Department of Housing and Community Development - Amended – Appeals board.
Subsection 89.108.8 is hereby amended to read as follows:
89.108.8 Appeals. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.
14.06.050 Section 89.108 - Department of Housing and Community Development - Amended – Actions and proceedings.
Subsection 89.108.9.2 is hereby amended to read as follows:
89.108.9.2 Violations and Penalties. Any person, firm, or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Chapter 1.16 of the Covina Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an
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approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful.” SECTION 8. Chapter 14.08 (“Mechanical Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.08
MECHANICAL CODE
Sections:
14.08.010 2022 California Mechanical Code adoption by reference.
14.08.020 Amendments to the 2022 California Mechanical Code.
14.08.030 Section 104.0 –Permits – Amended – Fees.
14.08.040 Section 106.0 – Violations and Penalties – Amended – Penalties.
14.08.050 Section 107.0 – Board of Appeals – Amended.
14.08.010 2022 California Mechanical Code adoption by reference.
The City adopts the 2022 Edition of the California Mechanical Code, together with the amendments provided in this chapter, for the purpose of regulating all related installations, arrangements, alterations, repairs, uses, and other operations of mechanical systems, appliances, and apparatus on premises within the city.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.08.020 Amendments to the 2022 California Mechanical Code.
The 2022 Edition of the California Mechanical Code is amended as set forth in CMC 14.08.030 through 14.08.050.
14.08.030 Section 104.0 –Permits – Amended – Fees.
Subsection 104.5 is hereby amended to read as follows:
104.5 Permit and Plan Review Fees. A fee for each mechanical permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
A fee for each mechanical plan review shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or the design changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
14.08.040 Section 106.0 – Violations and Penalties – Amended – Penalties.
Subsection 106.3 is hereby amended to read as follows:
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106.3 Violations and Penalties. Any person, firm, or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Chapter 1.16 of the Covina Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful.
14.08.050 Section 107.0 – Board of Appeals – Amended.
Subsection 107.0 is hereby amended to read as follows:
107.0 Board of Appeals.
107.1 Appeals. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.” SECTION 9. Chapter 14.10 (“Plumbing Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.10
PLUMBING CODE
Sections:
14.10.010 2022 California Plumbing Code adoption by reference.
14.10.020 Amendments to 2022 California Plumbing Code.
14.10.030 Section 104.5 – Fees - Amended.
14.10.040 Section 106.0 – Violations and Penalties - Amended – Penalties.
14.10.050 Section 107.0 – Board of Appeals – Amended.
14.10.010 2022 California Plumbing Code adoption by reference.
The city adopts the 2022 Edition of the California Plumbing Code, together with the amendments provided in this chapter, for the purpose of regulating the erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the city.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.10.020 Amendments to 2022 California Plumbing Code.
The 2022 Edition of the California Plumbing Code is amended as set forth in CMC 14.10.030 through 14.10.050.
14.10.030 Section 104.5 – Fees - Amended.
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Subsection 104.5 is hereby amended to read as follows:
104.5 Permit and Plan Review Fees. A fee for each plumbing permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
A fee for each plan review shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or the design changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
14.10.040 Section 106.0 – Violations and Penalties - Amended – Penalties.
Subsection 106.3 is hereby amended to read as follows:
106.3 Violations and penalties. Any person, firm or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be punishable in accordance with chapter 1.16 of this Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful.
14.10.050 Section 107.0 – Board of Appeals – Amended.
Subsection 107.0 is hereby amended to read as follows:
107.0 Board of Appeals.
107.1 Appeals. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.” SECTION 10. Chapter 14.12 (“Fire Code” ) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.12
FIRE CODE
Sections:
14.12.010 2022 California Fire Code adoption by reference.
14.12.010 2022 California Fire Code adoption by reference.
The city adopts the 2022 California Fire Code. Said code shall be and become the Covina Fire Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.”
Ordinance 22-19 Page 36 of 39
SECTION 11. Chapter 14.24 (“Green Building Standards Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.24
GREEN BUILDING STANDARDS CODE
Sections:
14.24.010 2022 California Green Building Standards Code adoption by reference.
14.24.010 2022 California Green Building Standards Code adoption by reference.
The city adopts the 2022 California Green Building Standards Code. Said code shall be and become the Covina Green Building Standards Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” Chapter 14.26 (“Existing Building Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.26
EXISTING BUILDING CODE
Sections:
14.26.010 2022 California Existing Building Code adoption by reference.
14.26.010 2022 California Existing Building Code adoption by reference.
The city adopts the 2022 California Existing Building Code. Said code shall be and become the Covina Existing Building Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 12. Chapter 14.28 (“Energy Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.28
ENERGY CODE
Sections:
14.28.010 2022 California Energy Code adoption by reference.
14.28.010 2022 California Energy Code adoption by reference.
The city adopts the 2022 California Energy Code. Said code shall be and become the Covina Energy Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.”
Ordinance 22-19 Page 37 of 39
SECTION 13. Chapter 14.30 (“Historical Building Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.30
HISTORICAL BUILDING CODE
Sections:
14.30.010 2022 California Historical Building Code adoption by reference.
14.30.010 2022 California Historical Building Code adoption by reference.
The city adopts the 2022 California Historical Building Code. Said code shall be and become the Covina Historical Building Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 14. Chapter 14.32 (“Referenced Standards Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.32
REFERENCED STANDARDS CODE
Sections:
14.32.010 2022 California Referenced Standards Code adoption by reference.
14.32.010 2022 California Referenced Standards Code adoption by reference.
The city adopts the 2022 California Referenced Standards Code. Said code shall be and become the Covina Referenced Standards Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 15. A new Chapter 14.36 (“International Property Maintenance Code” ) is hereby added to Title 14 (“Buildings and Construction”) of the Covina Municipal Code to read as follows:
“Chapter 14.36
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
14.36.010 2021 International Property Maintenance Code adoption by reference.
14.36.010 2021 International Property Maintenance Code adoption by reference.
The city adopts the 2021 International Property Maintenance Code. Said code shall be and become the Covina Property Maintenance Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.”
Ordinance 22-19 Page 38 of 39
SECTION 16. All inconsistencies between the Building Code, Residential Code, Electrical Code, Mechanical Code, and Plumbing Code as adopted by this Ordinance and Parts 2,
2.5, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7.
SECTION 17. The numbering of the most recent editions of the California Building Standards Code has been completely revised from earlier editions. All references to the uniform codes in the Covina Municipal Code that are not amended by this Ordinance or a subsequently enacted ordinance shall refer instead to the successor section or sections contained in the 2022 Edition of the California Building Standards Code, as adopted and amended by the City in Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 of Title 24 of the California Code of Regulations.
SECTION 18. The City Council hereby finds that the proposed amendments to the 2022 Editions of the California Building Code, California Electrical Code, California Mechanical Code, and California Plumbing Code, and the majority of the amendments to the 2022 Edition of the California Residential Code, that have been enacted by this Ordinance are merely a continuation of similar changes and modifications made to earlier editions of such uniform codes, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are necessary for administrative clarification, do not modify a building standard pursuant to California Health and Safety Code Sections 17958, 17985.7, and/or 18941.5, and therefore do not require findings pertaining to local climatic, geological, or topographical conditions to justify such modifications. These amendments establish administrative standards for the effective enforcement of the building standards in the City of Covina.
SECTION 19. The City Council hereby finds that certain changes and modifications to the 2022 Edition of the California Residential Code, incorporated into Part 2.5 of the California Code of Regulations, that have been enacted by this Ordinance are merely a continuation of similar changes and modifications made to earlier editions of such uniform codes, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary because of local climatic, geologic, and topographic conditions. In particular, the modifications to this code are reasonably necessary because of the local climate, which is characterized by hot dry summers, followed by strong Santa Ana winds and heavy winter rains, which make structures particularly vulnerable to rapidly spreading, wind-driven fires and earth movement. Furthermore, the City is located near and over historic and active earthquake faults, which require that special safety precautions be taken. Third, portions of the City are located among steeply sloping, hilly areas, which can create hazardous building conditions. The specific conditions and code sections added or amended based on those conditions are set forth in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 20. Prior Ordinances Repealed. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance and the codes herein adopted by reference, including, without limitation, Ordinance No. 19-10, and any other ordinance or portions thereof in conflict herewith are hereby repealed and declared to be of no further force and effect.
SECTION 21. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portion of this Ordinance or
Ordinance 22-19 Page 39 of 39
any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or void.
SECTION 22. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passes and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is designated for that purpose.
PASSED, APPROVED and ADOPTED this __th day of _______, 2022.
City of Covina, California
BY: ___________________________________
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-18 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
__________________________________________
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-19 Exhibit A
EXHIBIT “A”
BUILDING CODE AMENDMENTS
CBSC Code Sections Condition Explanation of Amendment
101.4, 105.3.2, 105.5,
105.5.1, 107.1, 107.5,
109.1, 109.2, 109.4,
109.6, 111.1, 111.3,
112.2, 113, 114.1, 114.4,
114.5, Appendix J
Administrative
105.2 Administrative Revised items 1 and 2 under
“Building” for consistency with the
City’s Zoning Code development
standards, which limit detached
accessory structures to 15 feet in
height and fence heights to 6 feet. ,
Permits Required for ALL Masonry
Block walls, wood, vinyl , wrought
iron fences.
RESIDENTIAL CODE AMENDMENTS
CBSC Code Section Condition Explanation of Amendment
R105.2 Administrative Revised items 1 and 2 under
“Building” for consistency with the
City’s Zoning Code development
standards, which limit detached
accessory structures to 15 feet in
height and fence heights to 6 feet.
R105.3.2, R105.5,
R105.5.1, R106.1,
R106.5, R108, R110.1,
R110.4, R111.2, R112,
R113.1, R113.4, R113.5
Administrative
AX100 Climatic
Administrative
Revised to require that when a
building permit is issued for the
construction of a new swimming
pool or spa or the remodeling of an
existing swimming pool or spa at a
private single-family home, the
respective swimming pool or spa
must be equipped with enclosure
that meets the requirements of
Section 115921(c) and isolates the
swimming pool or spa from the
private single-family home, and at
least one other drowning prevention
safety feature listed in Section
115922
Revised for consistency with the
City’s swimming pool enclosure
requirements set forth in Chapter
8.12 of the Municipal Code. The
City experiences dry and temperate
weather, which encourages
swimming year-round. The
proposed amendment takes
necessary precautionary steps to
reduce or eliminate the risk of
drowning in pools. The City, in
conjunction with other surrounding
local jurisdictions in the region of
the San Gabriel Valley and Inland
Empire, requires the first swimming
pool barrier to be a physical barrier.
R105.2 Administrative Revised items 1 and 2 under
“Building” for consistency with the
City’s Zoning Code development
standards, Permits Required for
ALL Masonry Block walls, wood,
vinyl, wrought iron fences.