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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022
REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, November 1, 2022
IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.
Public Comments: During the meeting, there will be an opportunity for the public to speak.
Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
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Meeting ID: 843 3641 5388
Passcode: 654414
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022
1. To request to speak during public comment, please click the “Raise Hand” button on the Zoom toolbar “Reactions” tab.
Note:
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Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—CLOSED SESSION
6:30 PM
CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair Walter Allen, III, and Mayor/Chair Patricia Cortez
PUBLIC COMMENTS
The public is invited to comment on Closed Session items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:
A. Government Code § 54956.9(d)(1) – CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Name of case: Juan Perez v. City of Covina; WCAB Case Nos: ADJ13261203 RECESS
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—OPEN SESSION
7:30 PM
RECONVENE AND CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair Walter Allen, III, and Mayor/Chair Patricia Cortez
PLEDGE OF ALLEGIANCE
Led by Mayor Cortez
INVOCATION
Given by Covina Police Chaplain David Truax
PRESENTATIONS
A. Pink Patch Presentation and No Shave November
B. Law Enforcement Records and Support Personnel Day
C. Family Court Awareness Month Proclamation
D. National Family Literacy Day
PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022 CC 1. Minutes
Staff Recommendation:
Approve the Minutes of the October 18, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Agenda Report - CC 1 - Pdf
CC 2. Payment of Demands
Staff Recommendation:
Approve Payment of Demands in the amount of $3,189,555.94 Agenda Report - CC 2 - Pdf
CC 3. Carryover of Encumbrances and Continuing Appropriations from Fiscal Year 2021- 22 to Fiscal Year 2022-23
Staff Recommendation:
Adopt Resolution CC 2022-115 approving the Carryover of Encumbrances and Continuing Appropriations from Fiscal Year 2021-22 to Fiscal Year 2022-23.
Agenda Report - CC 3 - Pdf
CC 4. City of Covina Investment Report for Month ended August 31, 2022 Staff Recommendation:
Receive and File.
Agenda Report - CC 4 - Pdf
CC 5. Second Reading of the following Ordinances:
1. Ordinance 22-12, Approving Zoning Code Amendment (ZCA) 22-03 by Adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, Establishing New Regulations Regarding Permitted and Conditionally Permitted Uses, Objective Development and Design Standards, Application, Review and Approval Requirements, and Appeal Procedures for Future Mixed-Use Developments in the City;
2. Ordinance 22-13, Approving Zone Change (ZCH) 22-03 and Amending the City’s Official Zoning Map by Adding MUOD to 85 parcels and AHMUOD to 63 Parcels Within the 13 Project Areas Throughout the City and Approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A Contains the List of Assessor Parcel Numbers for Zone Change 22-03, and
3. Ordinance 22-14, Approving Zone Change (ZCH) 22-06 and Amending the City's Official Zoning Map to Change the Zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), Consistent with the Existing General Plan Designation of High-Density Residential and Approving a Notice of Exemption for Environmental Review (CEQA), for Property Located at 544 E. Rue Royal Street, APN: 8429-035-015
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022 Staff Recommendation:
Adopt on second reading the following:
1. Ordinance 22-12 entitled, an ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-03 by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, establishing new regulations regarding permitted and conditionally permitted uses, objective development and design standards, application, review and approval requirements, and appeal procedures for future mixed-use developments in the City;
2. Ordinance 22-13 entitled, an ordinance of the City Council of the City of Covina California, approving Zone Change (ZCH) 22-03 and amending the City’s Official Zoning Map by adding MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City and approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A contains the list of Assessor Parcel Numbers for Zone Change 22-03; and
3. Ordinance 22-14 entitled, an ordinance of the City Council of the City of Covina, California, approving Zone Change (ZCH) 22-06 and amending the City's Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multifamily), consistent with the existing General Plan Designation of High-Density Residential and approving a Notice of Exemption for Environmental Review (CEQA), for property located at 544 E. Rue Royal Street, APN: 8429-035-015.
Agenda Report - CC 5 - Pdf
CC 6. City Initiated Zoning Code Amendments (ZCA) 22-005, Requesting Amendments to Chapters 17.42, 17.44, 17.26, and 17.78.160 of the Zoning Code and, Planned Community Development Modifications (PCDM) 22-002 and (PCDM) 22-003 Amending PCD 79-001 Relating to Monument Signs and PCD 98-001 Relating to Conditional Use Permits, and Finding that the Proposed Amendments and Modifications are Exempt from CEQA
Staff Recommendation:
Adopt on second reading of the following:
1. Ordinance 22-15, "An ordinance of the City Council of the City of Covina, California, adopting Zoning Code Amendment (ZCA) 22-05, by amending chapters 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) reclassifying “barber and/or beauty shop use” as a “permitted use”, Chapter 17.44 (C-4 Commercial Highway Zone) allowing wall signs abutting an alley or parking lot, Chapter 17.26 (R-1 7,500 Single Family Residential Zone) allowing (1) second floor storage above garages and (2) residential additions to align with existing residential structures within the 25-foot rear yard setback area and, Chapter 17.78.160 (Variance for Minor Deviation) to eliminate Section 17.78.160(a)(5) regarding (RD) Multi-Family Code Section, of Title 17 (Zoning) of the Covina Municipal Code, and making findings under CEQA guidelines section 15061(b)(3)"; and
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022
2. Ordinance 22-16, "An Ordinance of the City Council of the City of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 79-001 (Ordinance No. 79-1403) to allow free-standing monument signs pursuant to Chapter 17.44.210 (C-4) Commercial Highway Zone and, amending window covering standards, within the Arrow-Grand Business Park, and making findings under CEQA guidelines section 15061(b)(3)"; and
3. Ordinance 22-17, "An Ordinance of the City Council of the City Of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 98-001 (Ordinance No. 98-1831) to allow drive-throughs, restaurants, breweries, with on-sale alcohol as a conditionally permitted use, modification of the approved provisional site plan to allow an additional retail pad, the adjusting of required parking standards within the Covina Technology Center, and making findings under CEQA guidelines section 15061(b)(3).
Agenda Report - CC 6 - Pdf
CC 7. Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard (Project No. P2308) - Award of Contract to PTM General Engineering Services, Inc. in the Amount of $541,041
Staff Recommendation:
1. Approve plans and specifications for the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard – Project No. P2308; and
2. Award a contract for the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard – Project No. P2308 to PTM General Engineering Services, Inc. as the lowest responsive bidder in the amount of $541,041 and authorize the City Manager to execute the contract; and
3. Authorize a project contingency amount of $50,000 (approximately 10%) for any unforeseen construction expenses; and
4. Adopt Resolution CC 2022-118 appropriating $140,000 from Proposition C fund balance for the completion of the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard – Project No. P2308.
Agenda Report - CC 7 - Pdf
CC 8. City Facility Renovation Project – Covina Park Aquatic Pump Building Roof Replacement
Staff Recommendation:
1. Award a contract for the Covina Park Improvements Project – Covina Park Aquatic Pump Building Roof Replacement to Southland Roofing, Inc. as the lowest responsive and responsible bidder in an amount of $68,920 and authorize the City Manager to execute the contract; and
2. Authorize an amount of $7,000 (approximately 10%) as a contingency to cover the cost of unforeseen construction expenses.
Agenda Report - CC 8 - Pdf
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022 CC 9. Resolution CC 2022-119 Approving an Agreement with Suburban Water Systems for Emergency Water Service from the City of Covina and Authorizing City Manager to Execute Said Agreement
Staff Recommendation:
Approve Resolution CC 2022-119 and Authorize City Manager to Execute Said Agreement.
Agenda Report - CC 9 - Pdf
CC 10. 2021 State Homeland Security Grant Program Subrecipient Agreement with the County of Los Angeles
Staff Recommendation:
1. Approve and sign the 2021 State Homeland Security Program Sub-recipient Agreement between the County of Los Angeles the City of Covina; and
2. Approve the purchase of cyber security equipment and software as well as staff training offered through the reimbursable State of California FY 2021 Homeland Security Grant Program (SHSP) in an amount not to exceed $85,460; and
3. Adopt Resolution CC 2022-116 to increase the Police Department's 2022-23 budget by $85,460 resulting from the 2021 Homeland Security Grant award.
Agenda Report - CC 10 - Pdf
CC 11. Resolution CC 2022-117 Increasing the Police Department Budget by $22,000 for the Purchase of Equipment
Staff 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.
Agenda Report - CC 11 - Pdf
CC 12. Amendment No. 1 to the Professional Services Agreement between the City of Covina and Liebert Cassidy Whitmore for Legal Services
Staff 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.
Agenda Report - CC 12 - Pdf
CC 13. Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue - Final Acceptance and Filing Notice of Completion
Staff 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.
Agenda Report - CC 13 - Pdf
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City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022 CC 14. Covina Housing Authority Annual Report Fiscal Year 2021-2022 Staff Recommendation:
Receive and file the Covina Housing Authority Annual Report Fiscal Year 2021-2022.
Agenda Report - CC 14 - Pdf
CC 15. 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)
Staff 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.
Agenda Report - CC 15 - Pdf
CC 16. 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)
Staff 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.
Agenda Report - CC 16 - Pdf
CONTINUED PUBLIC HEARINGS
PUBLIC HEARINGS
PH 1. 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 Staff 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 DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday November 1, 2022 Low Density Residential, and Making a Determination of Exception Under CEQA, for the Property Located at 1909 East Covina Boulevard – APN: 8401-016-043".
Agenda Report - PH 1 - Pdf
CONTINUED BUSINESS
NEW BUSINESS
NB 1. 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
Staff 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.
Agenda Report - NB 1 - Pdf
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, November 15, 2022 at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
The Covina City Clerk’s Office does hereby declare that the agenda for the Nov 01 2022, meeting was posted on the City’s website and near the front entrances of: Covina City Hall, 125 East College Street, Covina, in accordance with California Government Code Section 54954.2(a).
If you challenge in court any discussion or action taken concerning an item on this agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City’s consideration of the item at the meeting.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA, AND SUBMITTED TO THE CITY COUNCIL AFTER PUBLICATION OF THE AGENDA, ARE AVAILABLE TO THE PUBLIC IN THE CITY CLERK’S OFFICE AT 125 E.
COLLEGE STREET, COVINA.
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COUNCIL/CSA/CPFA/CHA MINUTES Page 1 of 10 Tuesday, October 18, 2022 MINUTES OF OCTOBER 18, 2022
REGULAR MEETING OF THE COVINA CITY COUNCIL/SUCCESSOR AGENCY TO
THE COVINA REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY HELD IN THE COUNCIL CHAMBER OF CITY HALL, 125 EAST COLLEGE STREET, COVINA, CALIFORNIA AND
VIRTUALLY VIA ZOOM
This meeting was conducted in accordance with Assembly Bill 361, regarding the COVID-19 pandemic.
CALL TO ORDER
Mayor Cortez called the Council/Agency/Authority meeting to order at 7:34 p.m. with all Councilmembers present.
ROLL CALL
Councilmembers Present: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez.
Councilmembers Absent: None.
Elected Members Present: City Clerk Drew Aleman and City Treasurer Neil Polzin.
Elected Members Absent: None.
Staff Members Present: City Manager Chris Marcarello, City Attorney Candice K. Lee, Administrative Services Director Anita Agramonte, Community Development Director Brian Lee, Parks & Recreation/Library Services Director Lisa Evans, Public Works Director Andy Bullington, Interim Chief Deputy City Clerk Evelyn Leach, and Deputy City Manager Angel Carrillo.
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Allen.
INVOCATION
Given by Covina Police Chaplain Ron Butler.
PRESENTATIONS
A. Code Enforcement Officer Appreciation Week - 2nd week of October.
Mayor Cortez recognized Code Enforcement Officers Jennifer McDowell and Ben Romero and Community Development Director Lee for the work code enforcement does. Mayor Cortez read the proclamation into record.
ITEM NO. CC 1
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COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 10 Tuesday, October 18, 2022 Community Development Director Lee thanked Mayor Cortez and the Council for recognizing the often, unappreciated work of Code Enforcement Officers McDowell and Romero.
B. High School Voter Initiative Drawing
Mayor Cortez provided a brief background on the High School Voter Initiative Program and recognized City Clerk Aleman for taking the lead on this project. City Clerk Aleman thanked the Council for their support and had them draw winning names. He then read the names aloud.
Councilmember King offered a $25 prize to the first name picked from Covina High and Northview High. Councilmember Delgado offered to match the prize money.
PUBLIC COMMENTS
Gil Nelsen provided public comment on behalf of Christina Shea, former Mayor of Irvine, regarding questionable activities of former Councilmember Jorge Marquez and the Citizens for Ethical New Leadership Opposing Larry Agran for City Council 2022 PAC.
Gil Nelson and Harvey Liss also provided comments regarding Jorge Marquez and the Citizens for Ethical New Leadership Opposing Larry Agran for City Council 2022 PAC.
Veronica Marquez spoke in defense of former Councilmember Marquez.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember King and Councilmember Linares provided comments speaking highly of their time working with Councilmember Marquez and noted the separation of public office and private lives.
Councilmember Delgado thanked Police Chief Povero and his staff for putting together National Night Out. He also commented on his attendance at the Project 29:11 Dinner and Fundraiser held on October 11th. Councilmember Delgado also thanked Michael Cabral and the Cypress Elementary School PTA for inviting him to the Walk to School Day on October 5th. He also thanked the Code Enforcement Department for their work and stated the City is proud to have them. He then also provided positive comments on behalf of former Councilmember Marquez.
Mayor Pro Tem Allen spoke of his time mentoring and working with former Councilmember Marquez. He also thanked the Code Enforcement Department for being the unsung heroes helping to handle the quality of life issues around the City. He then commented on his attendance at the Project 29:11 dinner and auction. Mayor Pro Tem Allen noted that he and Councilmember King were wearing pink in support of the fight against breast cancer and mentioned that October is Breast Cancer Awareness Month. He then thanked Mayor Cortez for helping put together Waterfest and helping the San Gabriel Valley save water.
Mayor Cortez also thanked the Police Department staff for putting together a wonderful National Night Out. She also echoed positive comments regarding former Councilmember Marquez and the separation of public and private business. She also invited the community to join the YWCA on Wednesday, October 19th, for their Community Candlelight Vigil and Resource Fair from 4:30 DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 3 of 10 Tuesday, October 18, 2022 p.m. – 7 p.m. She added there will be game booths, food, a vigil for victims of domestic violence, honoring those that have survived, and remembering those who have been lost.
CITY MANAGER COMMENTS
City Manager Marcarello informed the community of the Howl-o-ween event taking place Saturday, October 22nd, where a costume contest will be held for dogs, and more events to come in the downtown the following weekend. He also provided updates on paving projects taking place on Grand Avenue and Citrus Avenue.
CONSENT CALENDAR
Mayor Cortez asked if there were any items on the Consent Calendar that needed to be removed for discussion.
Mayor Pro Tem Allen requested item CC 4 be pulled and Mayor Cortez indicated public comment was received for item CC 9 and requested it also be pulled from consent.
A motion was made by Councilmember King seconded by Councilmember Delgado, to approve Consent Calendar items CC 1 through 3, CC 5 through 8, and CC 10 through 16.
Motion approved by roll call vote for Consent Calendar items CC 1 through 3, CC 5 through 8, and CC 10 through 16 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 1. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the September 20, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the October 4, 2022, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 3. City Council/Successor Agency to the Covina Redevelopment Agency approved Payment of Demands in the amount of $4,948,970.72.
CC 5. City Council approved and made the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
CC 6. City Council adopted Resolution CC 2022-108 authorizing the destruction of obsolete records in the Administrative Services (Finance and Human Resources), Parks & DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 4 of 10 Tuesday, October 18, 2022 Recreation/Library Services, Public Works, and City Clerk/Records Management Departments.
CC 7. City Council approved Contract Service Agreement for On-Call Contractor Services Related to the Maintenance and Repair of City Structures and Facilities and authorized the City Manager to execute the agreement.
CC 8. City Council accepted the work performed by Steven Doreck Equipment Rentals, Inc. and authorized the City Clerk to file a Notice of Completion for Grand Avenue Water Main Replacement Project – Final Acceptance and Filing Notice of Completion CC 10. City Council approved plans and specifications for the City-Wide Manhole/Trench Adjustment Project – Project No S2301, Awarded Contract to GRBCON, Inc. for an Amount Not-to-Exceed $125,850, authorized the City Manager to execute contract, and authorized an amount of $10,000 (10%) as a contingency to cover unforeseen construction expenses.
CC 11. City Council adopted Resolution CC 2022-112 authorizing an increase to the FY 22- 23 Community Development Block Grant “Residential Rehabilitation Program,” Project D96164-22, and Amending the FY 2022-2023 Community Development Budget to reflect these changes; and authorized the City Manager or his designee to execute documents related to the FY 2022-2023 CDBG funds CC 12. City Council adopted Resolutions CC 2022-110 and 2022-111 relating to the Annexation of Territory to Community Facilities District No. 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for December 6, 2022 (155 E. Covina Boulevard, Covina//Annexation 32)
CC 13. City Council awarded Contract for Heating, Ventilation, and Air Conditioning Preventative Maintenance and Repairs at City Facilities to Control Air Enterprises, LLC for a five-year period between November 1, 2022 and June 30, 2027, for an amount not-to-exceed $210,162.55.
CC 14. City Council approved recommendation from the Traffic & Parking Advisory Commission for Speed Hump Installation on East Ruddock Street from North Banna Avenue to North Reeder Avenue
CC 15. City Council adopted Resolution CC 2022-113, declaring its intention to Form an Enhanced Infrastructure Financing District (EIFD) and Establishing the Covina EIFD Public Financing Authority (PFA); and authorizing certain other actions related thereto.
CC 16. City Council adopted Resolution CC 2022-114, adopting requirements established by the Electric Vehicle Infrastructure Training Program for City Electric Vehicle Charging Infrastructure Projects.
CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
CC 4. Approval of Addendum No. 2 to the Transfer Agreement between Los Angeles County Flood Control District and City of Covina for the Safe, Clean Water Regional Program DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 5 of 10 Tuesday, October 18, 2022 Staff Recommendation:
Adopt Resolution CC 2022-107 authorizing the City Manager to execute Addendum No. 2 of the Transfer Agreement between Los Angeles County Metropolitan Flood Control District and City of Covina for the FY23 Safe Clean Water – Regional Program.
Mayor Pro Tem Allen complemented staff on securing grant funding for the water shed project.
A motion was made by Mayor Pro Tem Allen, seconded by Councilmember King, to approve Consent Calendar item CC 4 as presented.
Motion approved by roll call vote for Consent Calendar item CC 4 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 9. Confirm and Approve City Council's Appointments to Various City of Covina Boards and Commissions
Staff Recommendation:
Approve the City Council's reappointments to various City of Covina Boards and Commissions.
City Treasurer Polzin commented on the issues of quorum and maintaining the status quo for the Finance Advisory Commission.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Allen, to approve Consent Calendar item CC 9 as presented.
Motion approved by roll call vote for Consent Calendar item CC 9 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARINGS
PH 1. City Initiated Zoning Code Amendments (ZCA) 22-005, Requesting Amendments to Chapters 17.42, 17.44, 17.26, and 17.78.160 of the Zoning Code and, Planned Community Development Modifications (PCDM) 22-002 and (PCDM) 22-003 Amending PCD 79-001 Relating to Monument Signs and PCD 98-001 Relating to Conditional Use Permits, and Finding that the Proposed Amendments and Modifications are Exempt from CEQA
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 6 of 10 Tuesday, October 18, 2022 Councilmember Linares recused himself due to a potential conflict of interest regarding signage for Arrow Lodge Brewing and left the chamber at 8:22 p.m.
Mayor Cortez opened the public hearing.
A brief introduction was provided by Community Development Director Lee and a presentation was made by Senior Planner Mercy Lugo.
There were questions and comments from Council included the content and aesthetics of window art, conditional use permits for barbershops and beauty salons, and remaining competitive to attract businesses.
There were no public comments; therefore, Mayor Cortez closed the public hearing.
A motion was made by Councilmember King, seconded by Mayor Pro Tem Allen, to:
1. Waive full reading, read by title only, and introduce the first reading of Ordinance 22-15 entitled, An ordinance of the City Council of the City of Covina, California, adopting Zoning Code Amendment (ZCA) 22-05, by amending chapters 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) reclassifying “barber and/or beauty shop use” as a “permitted use”, Chapter 17.44 (C-4 Commercial Highway Zone) allowing wall signs abutting an alley or parking lot, Chapter 17.26 (R-1 7,500 Single Family Residential Zone) allowing (1) second floor storage above garages and (2) residential additions to align with existing residential structures within the 25-foot rear yard setback area and, Chapter
17.78.160 (Variance for Minor Deviation) to eliminate Section 17.78.160(a)(5) regarding (RD) Multi-Family Code Section, of Title 17 (Zoning) of the Covina Municipal Code, and making findings under CEQA guidelines section 15061(b)(3); and
2. Waive full reading, read by title only, and introduce for first reading Ordinance 22-16 entitled, An Ordinance of the City Council of the City of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 79-001 (Ordinance No. 79-1403) to allow free-standing monument signs pursuant to Chapter 17.44.210 (C-4) Commercial Highway Zone and, amending window covering standards, within the Arrow-Grand Business Park, and making findings under CEQA guidelines section 15061(b)(3); and
3. Waive full reading, read by title only, and introduce for first reading Ordinance 22-17 entitled, An Ordinance of the City Council of the City Of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 98-001 (Ordinance No. 98-1831) to allow drive-throughs, restaurants, breweries, with on-sale alcohol as a conditionally permitted use, modification of the approved provisional site plan to allow an additional retail pad, the adjusting of required parking standards within the Covina Technology Center, and making findings under CEQA guidelines section 15061(b)(3).
Motion approved by roll call vote for Public Hearing 1 as follows:
AYES: DELGADO, KING, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: LINARES
ABSENT: NONE
City Attorney Lee read the titles of Ordinances 22-15, 22-16, and 22-17 into record.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 7 of 10 Tuesday, October 18, 2022 Councilmember Linares returned to the dais at 8:52 p.m.
PH 2. City Council to hold a public hearing to consider the following:
1. Ordinance 22-12, Approving Zoning Code Amendment (ZCA) 22-03 by Adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, Establishing New Regulations Regarding Permitted and Conditionally Permitted Uses, Objective Development and Design Standards, Application, Review and Approval Requirements, and Appeal Procedures for Future Mixed-Use Developments in the City; and
2. Ordinance 22-13, Approving Zone Change (ZCH) 22-03 and Amending the City’s Official Zoning Map by Adding MUOD to 85 parcels and AHMUOD to 63 Parcels Within the 13 Project Areas Throughout the City and Approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A Contains the List of Assessor Parcel Numbers for Zone Change 22-03, and
3. Ordinance 22-14, Approving Zone Change (ZCH) 22-06 and Amending the City's Official Zoning Map to Change the Zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), Consistent with the Existing General Plan Designation of High-Density Residential and Approving a Notice of Exemption for Environmental Review (CEQA), for Property Located at 544 E. Rue Royal Street, APN: 8429-035-015
Mayor Cortez opened the public hearing.
The agenda report was provided by Planning Consultant Fong.
Questions included Regional Housing Needs Allocation (RHNA) requirements, developer incentives, and policy compliance.
There were no public comments; therefore, Mayor Cortez closed the public hearing.
Additional comments were made regarding the RHNA housing quotas, water resources, and kudos to staff.
A motion was made by Councilmember Linares, seconded by Councilmember Delgado, to:
1. Waive full reading, read by title only, and introduce for first reading Ordinance 22-12 entitled, an ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-03 by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, establishing new regulations regarding permitted and conditionally permitted uses, objective development and design standards, application, review and approval requirements, and appeal procedures for future mixed-use developments in the City; and
2. Waive full reading, read by title only, and introduce for first reading Ordinance 22-13 entitled, an ordinance of the City Council of the City of Covina California, approving Zone Change (ZCH) 22-03 and amending the City’s Official Zoning Map by adding MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 8 of 10 Tuesday, October 18, 2022 and approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A contains the list of Assessor Parcel Numbers for Zone Change 22-03; and
3. Waive full reading, read by title only, and introduce for first reading Ordinance 22-14 entitled, an ordinance of the City Council of the City of Covina, California, approving Zone Change (ZCH) 22-06 and amending the City's Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of HighDensity Residential and approving a Notice of Exemption for Environmental Review (CEQA), for property located at 544 E. Rue Royal Street, APN: 8429-035-015.
Motion approved by roll call vote for Public Hearing 2 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Attorney Lee read the titles of Ordinances 22-12, 22-13, and 22-14 into record.
PH 3. General Plan Amendment (GPA) 22-01, a Comprehensive Update to the Housing Element of the Covina General Plan for the 2021-2029 Period Mayor Cortez opened the public hearing.
Community Development Director Lee noted that written comment received regarding instituting a local hire policy was also provided at the Planning Commission meeting. Staff was directed to investigate the matter and return it to the Planning Commission for further discussion and potential recommendation to the City Council.
The agenda report was provided by Housing Element Consultant Jim Douglas.
Mayor Pro Tem Allen inquired about large care facilities.
There were no public comments; therefore, Mayor Cortez closed the public hearing.
A motion was made by Councilmember King, seconded by Councilmember Linares, to adopt Resolution CC 2022-109 approving General Plan Amendment (GPA) 22-01 for the 2021-2029 Housing Element update; and make a determination of exemption under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Motion approved by roll call vote for Public Hearing 3 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CONTINUED BUSINESS – None.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 9 of 10 Tuesday, October 18, 2022
NEW BUSINESS
NB 1. Covina Irrigating Company – Board of Directors Representatives Staff Recommendation:
That the City Council provide further direction related to the City's representatives to the Covina Irrigating Company ("CIC") Board of Directors and authorize the City Manager or designee to represent the City at the CIC Annual Shareholders meeting on October 20, 2022.
The agenda report was provided by Public Works Director Bullington.
In response to inquiries from Councilmember King and Mayor Cortez, Public Works Director Bullington explained the reason that the City has four board seats when it had previously held five.
Mary Bonner provided public comment regarding water bill due dates and late fees. Jorge Marquez also provided public comment regarding his interest in serving on the CIC board and his qualifications.
Discussion from Council included potential nominations, increasing dialog between the Covina Irrigating Company and Council, and evolving issues in water.
A motion was made by Councilmember Linares, seconded by Councilmember Delgado, to appoint Lynda Noriega, Jorge Marquez, Kevin Stapleton, and Michael Touhey to the Covina Irrigating Company Board of Directors.
A second motion was made by Councilmember King, seconded by Mayor Pro Tem Allen, to appoint Lynda Noriega, Rich Jett, Kevin Stapleton, and Michael Touhey to the Covina Irrigating Company Board of Directors.
City Attorney Lee clarified that Councilmember Linares’ motion was made first and will be voted on first and the second motion will only be voted on if the first motion fails.
Motion approved by roll call vote to appoint Lynda Noriega, Jorge Marquez, Kevin Stapleton, and Michael Touhey to the Covina Irrigating Company Board of Directors:
AYES: DELGADO, LINARES, CORTEZ
NOES: KING, ALLEN
ABSTAIN: NONE
ABSENT: NONE
A motion was made by Councilmember King, seconded by Mayor Prop Tem Allen, to authorize the City Manager or designee to represent the City at the CIC Annual Shareholders meeting on October 20, 2022.
Motion approved by roll call vote to authorize the City Manager or designee to represent the City at the CIC Annual Shareholders meeting on October 20, 2022:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 10 of 10 Tuesday, October 18, 2022 ABSTAIN: NONE
ABSENT: NONE
ADJOURNMENT
At 10:04 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority, to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, November 1, 2022, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.
Respectfully Submitted:
_______________________________
Fabian Velez
Deputy City Clerk
Approved this 1st day of November, 2022:
________________________________
Patricia Cortez, Mayor/Chair
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: CC Regular Meeting - Nov 01 2022
Title: Payment of Demands
Presented By: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $3,189,555.94 EXECUTIVE SUMMARY / BACKROUND:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants September 30, 2022 - October 13, 2022 CITY checks/EFTs $ 2,193,154.77
CITY payroll $ 967,099.60
CITY voids $ -
Worker's Comp $ 22,845.27
$ 3,183,099.64
SACRA checks/EFTs $ 1,933.60
SACRA payroll $ 4,522.70
$ 6,456.30
TOTAL checks/EFTs $ 3,189,555.94
DISCUSSION:
The attached reports have been reviewed by the Administrative Services Director.
FISCAL IMPACT:
Sufficient fundingis available and the related costs are included in the Fiscal Year 22/23 Adopted Budget.
ATTACHMENTS:
Attachment A - Check Register September 30, 2022 - October 13, 2022 Respectfully submitted,
CITY OF COVINA
Check Register
Sep 30, 2022 - Oct 13, 2022
Check # Check Date Vendor Name Amount
5844 10/13/2022 4160 ICMA RETIREMENT TRUST-IRA 30.00
5845 10/13/2022 1405 ICMA RETIREMENT TRUST-457 6,140.78 5846 10/13/2022 4003 MidAmerica 1,951.02
20578 10/01/2022 487 CalPERS 81,411.08
20579 10/01/2022 487 CalPERS 7,263.72
20584 10/01/2022 487 CalPERS 79,996.55
20586 10/01/2022 487 CalPERS 1,634.58
20587 10/01/2022 487 CalPERS (3,424.68)
20588 10/13/2022 788 COVINA, CITY OF 46,815.63
20589 10/13/2022 789 COVINA-FSA, CITY OF 868.18
20590 10/13/2022 1247 GREAT WEST LIFE & ANNUITY 3,800.00 20591 10/13/2022 2033 NATIONWIDE RETIREMENT SOLUTIONS 10,700.00 20592 10/13/2022 788 COVINA, CITY OF 25.98
20593 10/13/2022 789 COVINA-FSA, CITY OF 458.34
20594 10/13/2022 487 CalPERS 81,695.83
20595 10/13/2022 487 CalPERS 8,033.26
subtotal EFT/wires/direct deposits $327,400.27
113125 10/05/2022 84 AIRGAS-WEST 465.64
113126 10/05/2022 85 AJAX SIGN GRAPHICS INC 86.00
113127 10/05/2022 113 ALL CITY MANAGEMENT SVC 1,606.32
113128 10/05/2022 123 WALTER ALLEN III 161.58
113129 10/05/2022 219 AT&T 25.80
113130 10/05/2022 3771 BLACK & WHITE EMERGENCY VEHICLES 200.00 113131 10/05/2022 435 BURGUAN, RENE 100.00
113132 10/05/2022 457 CA PARKS AND REC SOCIETY 185.00
113133 10/05/2022 493 CWE 3,955.50
113134 10/05/2022 568 CAT SPECIALTIES INC 381.69
113135 10/05/2022 600 CERTIFIED UNDERCAR PARTS 316.70
113136 10/05/2022 649 CINTAS CORP #693 280.46
113137 10/05/2022 664 CIVILTEC ENGINEERING INC. 7,883.75 113138 10/05/2022 771 COVINA IRRIGATING CO 280,543.17
113139 10/05/2022 835 D & D GOLF CARS INC 385.88
113140 10/05/2022 849 DAPEER ROSENBLIT & LITVAK LLP 8,747.57 113141 10/05/2022 970 EDISON CO 5,362.74
113142 10/05/2022 4246 FERGUSON WATERWORKS #1083 2,143.05 113143 10/05/2022 4682 Evan Brooks Associates, Inc. 9,850.00 113144 10/05/2022 5203 FEHR & PEERS 20,352.19
113145 10/05/2022 1075 WEX BANK 352.30
113146 10/05/2022 4455 FRONTIER 885.27
113147 10/05/2022 4900 G2 Wraps 1,700.00
113148 10/05/2022 3800 GARVEY EQUIPMENT COMPANY 297.88
113149 10/05/2022 1156 THE GAS COMPANY 67.55
113150 10/05/2022 4883 Glendora Employment Agency, Inc 704.40 113151 10/05/2022 1204 GOLDEN STATE WATER COMPANY 124.51 113152 10/05/2022 1235 GRAINGER 1,257.30
113153 10/05/2022 1241 GRAND PRINTING 432.18
113154 10/05/2022 1317 HdL Coren & Cone 795.00
113155 10/05/2022 4676 Hill Brothers Chemical Company 1,422.36 113156 10/05/2022 1361 HOLLIDAY ROCK CO INC 185.33
113157 10/05/2022 1463 J.G. TUCKER AND SON 132.85
113158 10/05/2022 1617 REGISTRAR-RECORDER, COUNTY CLERK 20.00 Attachment A Page 1 of 5
CITY OF COVINA
Check Register
Sep 30, 2022 - Oct 13, 2022
Check # Check Date Vendor Name Amount
113159 10/05/2022 1617 REGISTRAR-RECORDER, COUNTY CLERK 20.00 113160 10/05/2022 5261 INTERNATIONAL BUSINESS INFORMATION TECHNOLOGIES 9,210.00 113161 10/05/2022 5095 LensLock Inc 1,211.43
113162 10/05/2022 1694 LEWIS ENGRAVING INC 121.28
113163 10/05/2022 1895 MERRIMAC ENERGY GROUP 44,478.74
113164 10/05/2022 4833 Michael R. Hillmann 2,925.00
113165 10/05/2022 1933 MISSION LINEN SUPPLY 52.80
113166 10/05/2022 2091 O REILLY AUTO PARTS 244.93
113167 10/05/2022 4667 Ocean Blue Environmental Services, Inc. 9,955.95 113168 10/05/2022 99999 ADEP PRECISION CONTRACTING 120.73 113169 10/05/2022 99999 ADRIENNE JOHNSON 34.59
113170 10/05/2022 99999 ANGEL CARRILLO 158.75
113171 10/05/2022 99999 BRANDON HEINE 39.57
113172 10/05/2022 99999 BRET MANTOR 45.00
113173 10/05/2022 99999 CLOCKWORK PROPERTY MANAGEMENT 51.93 113174 10/05/2022 99999 DANIELLA ANDRADE 17.68
113175 10/05/2022 99999 DENNIS MATSUO 69.35
113176 10/05/2022 99999 ELCC LLC AND CEPC LLC 80.00
113177 10/05/2022 99999 GRAND CANYON ROOFING 415.95
113178 10/05/2022 99999 HERMINIO A. VILLEGAS 262.00
113179 10/05/2022 99999 JOSEPH DE MASE 47.66
113180 10/05/2022 99999 KERRY SMITH 80.00
113181 10/05/2022 99999 KEVIN CHEN 28.77
113182 10/05/2022 99999 LISA GRAHAM 74.18
113183 10/05/2022 99999 MEIXIN ZHOU 38.09
113184 10/05/2022 99999 OPENDOOR LABS INC 49.91
113185 10/05/2022 99999 VALERIE RESTO 30.43
113186 10/05/2022 2345 QUILL 265.01
113187 10/05/2022 2415 REPUBLIC MASTER CHEFS 327.98
113188 10/05/2022 3796 RICHARDS, WATSON & GERSHON 28,583.00 113189 10/05/2022 2444 RIO HONDO COLLEGE 1,664.00
113190 10/05/2022 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,188.00 113191 10/05/2022 5233 RODENT PEST TECHNOLOGIES 125.00
113192 10/05/2022 4704 S & J Supply Company, Inc. 1,697.48 113193 10/05/2022 2587 SCPLRC MEMBERSHIP 350.00
113194 10/05/2022 5109 SITEREP CONSTRUCTION SERVICES, INC. 20,825.00 113195 10/05/2022 2711 SOUTHEAST CONSTRUCTION INC 231.22 113196 10/05/2022 5117 Steam It All LLC 550.00
113197 10/05/2022 2778 SUPERIOR PAVEMENT MARKING INC 32,899.27 113198 10/05/2022 2855 CHARTER COMMUNICATION 380.38
113199 10/05/2022 2903 TRI-XECUTEX CORP 170.00
113200 10/05/2022 4764 UniFirst Corporation 1,137.01
113201 10/05/2022 4065 VERIZON WIRELESS 2,019.66
113202 10/05/2022 3004 VICTORY EXTERMINATING INC 70.00
113203 10/05/2022 3052 WATERLINE TECHNOLOGIES INC 2,517.83 113204 10/05/2022 4817 Weck Analytical Environmental Services, Inc. 984.00 113205 10/05/2022 3070 WEST COAST ARBORISTS INC 24,091.00 113206 10/05/2022 3108 Wills Automotive 535.00
113207 10/05/2022 3152 YWCA 4,612.38
113208 10/12/2022 32 ACE-1 AUTO SERVICE 1,629.18
113209 10/12/2022 4765 Advanced Microcomputing Concepts, Inc. 4,769.11 Attachment A Page 2 of 5
CITY OF COVINA
Check Register
Sep 30, 2022 - Oct 13, 2022
Check # Check Date Vendor Name Amount
113210 10/12/2022 4829 Alicia A. Flores 359.10
113211 10/12/2022 113 ALL CITY MANAGEMENT SVC 10,109.88 113212 10/12/2022 5075 Amalia Q. Seresinghe 862.40
113213 10/12/2022 158 AMERICAN TRAFFIC SOLUTIONS 16,698.31 113214 10/12/2022 4931 Antonio Castro Jr 1,269.80
113215 10/12/2022 219 AT&T 221.45
113216 10/12/2022 219 AT&T 50.85
113217 10/12/2022 291 BARR & CLARK 1,160.00
113218 10/12/2022 5241 BLUERAY AQUATICS 40,605.08
113219 10/12/2022 5189 Bosco Legal Services, Inc. 124.95 113220 10/12/2022 437 BURRO CANYON ENT INC 20.00
113221 10/12/2022 477 DEPT OF INDUSTRIAL RELATIONS 675.00 113222 10/12/2022 4438 CALIFORNIA COMPUTER SCHOOLS, INC 105.00 113223 10/12/2022 536 CARQUEST AUTO PARTS 30.54
113224 10/12/2022 617 CHARTER OAK GYMNASTICS INC 2,293.00 113225 10/12/2022 649 CINTAS CORP #693 280.46
113226 10/12/2022 5099 CliftonLarsonAllen LLP 4,100.00
113227 10/12/2022 700 COLLEY FORD 1,270.07
113228 10/12/2022 703 COMBINED GRAPHICS 600.85
113229 10/12/2022 3235 COOK, SHAWNA 817.60
113230 10/12/2022 749 THE COUNSELING TEAM 300.00
113231 10/12/2022 766 COVINA DISPOSAL CO 18,031.71
113232 10/12/2022 3982 CAROL A CUGNO 372.40
113233 10/12/2022 5186 Dash Platform, LLC 368.72
113234 10/12/2022 875 DELL MARKETING L.P. 1,461.09
113235 10/12/2022 894 DF POLYGRAPH 175.00
113236 10/12/2022 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 207.00 113237 10/12/2022 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 10,655.00 113238 10/12/2022 970 EDISON CO 64,514.85
113239 10/12/2022 4977 Enterprise FM Trust 4,277.92
113240 10/12/2022 1075 WEX BANK 491.89
113241 10/12/2022 4455 FRONTIER 5,421.86
113242 10/12/2022 4805 Fuel Equipment Services, Inc. 1,326.80 113243 10/12/2022 4483 DALE A. GARRISON 196.00
113244 10/12/2022 3901 GEM AUTO REPAIR 138.71
113245 10/12/2022 4883 Glendora Employment Agency, Inc 2,441.80 113246 10/12/2022 4338 ROBERT GOKOO 8,118.00
113247 10/12/2022 1204 GOLDEN STATE WATER COMPANY 922.34 113248 10/12/2022 4979 GRBCON, Inc. 3,280.40
113249 10/12/2022 1364 HOME DEPOT CREDIT SERVICES 3,899.75 113250 10/12/2022 3988 LANDSCAPE WAREHOUSE III 444.81
113251 10/12/2022 1505 JOHNNY'S POOL SERVICE 56.45
113252 10/12/2022 1531 JW LOCK CO INC 837.90
113253 10/12/2022 1612 LA CNTY DEPT OF PUBLIC WORKS 37,488.00 113254 10/12/2022 1614 LA CNTY FIRE DEPARTMENT 995,581.77 113255 10/12/2022 4863 La Verne Power Equipment 125.91
113256 10/12/2022 1663 LAW ENFORCEMENT MEDICAL 1,100.00 113257 10/12/2022 3190 LAYNE, JONATHAN DANIEL 430.50
113258 10/12/2022 1694 LEWIS ENGRAVING INC 282.24
113259 10/12/2022 3932 ARLENE D. MAR 288.00
113260 10/12/2022 4089 MEASOM, DEVIN THOMAS 1,075.20
Attachment A Page 3 of 5
CITY OF COVINA
Check Register
Sep 30, 2022 - Oct 13, 2022
Check # Check Date Vendor Name Amount
113261 10/12/2022 4360 MOORE IACOFANO GOLTSMAN, INC. 132.50 113262 10/12/2022 3718 NADENE VALDEZ 372.40
113263 10/12/2022 2091 O REILLY AUTO PARTS 579.90
113264 10/12/2022 5169 Occupational Health Centers of California 207.50 113265 10/12/2022 5228 ODP BUSINESS SOLUTIONS, LLC 80.03 113266 10/12/2022 99999 HECTOR DELGADO 186.58
113267 10/12/2022 99999 KATRINA CARO 22.50
113268 10/12/2022 4535 OSWALDO MONROY 6,890.80
113269 10/12/2022 2238 PEST OPTIONS INC 435.00
113270 10/12/2022 2275 POIRIER, ROBERT 140.00
113271 10/12/2022 2277 POLLARD WATER 346.58
113272 10/12/2022 5112 Procure America, Inc 472.43
113273 10/12/2022 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 8,397.23 113274 10/12/2022 2345 QUILL 16.53
113275 10/12/2022 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 294.28 113276 10/12/2022 2415 REPUBLIC MASTER CHEFS 331.15
113277 10/12/2022 2426 REYNOLDS BUICK INC 1,971.00
113278 10/12/2022 3796 RICHARDS, WATSON & GERSHON 7,184.05 113279 10/12/2022 4704 S & J Supply Company, Inc. 321.60 113280 10/12/2022 2571 SBSD-EVOC TRAINING CENTER 900.00 113281 10/12/2022 2616 SGV COUNCIL OF GOVERNMENTS 363.73 113282 10/12/2022 2676 SMART AND FINAL IRIS CORP 112.93 113283 10/12/2022 4880 Sulzer Electro-Mechanical Services (US) Inc. 3,660.18 113284 10/12/2022 3729 SUNBELT RENTALS INC 246.11
113285 10/12/2022 2778 SUPERIOR PAVEMENT MARKING INC 318.20 113286 10/12/2022 2800 T MOBILE USA 100.00
113287 10/12/2022 2818 TAVANNA 203.00
113288 10/12/2022 5252 THE YOGA DANCE CO 1,098.57
113289 10/12/2022 2846 THOMAS, TERRI 1,286.60
113290 10/12/2022 3185 TOSHIBA FINANCIAL SERVICES 1,765.96 113291 10/12/2022 4247 UNITED WATER WORKS INC 580.27
113292 10/12/2022 2958 USPS - POC ACCOUNT #8098154 1,152.62 113293 10/12/2022 2966 V & V MANUFACTURING 127.83
113294 10/12/2022 4804 Vihulu L. Villagran 457.20
113295 10/12/2022 3023 VULCAN MATERIALS COMPANY 554.27
113296 10/12/2022 3187 WAGONER, PAMELA 920.66
113297 10/12/2022 3070 WEST COAST ARBORISTS INC 2,961.00 113298 10/12/2022 3082 WESTERN WATER WORKS SUPPLY 826.89 113299 10/12/2022 3775 WILLIAM SHUTTIC 537.60
113300 10/13/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 3,699.38 113301 10/13/2022 69 AFSCME District Council 36 349.34
113302 10/13/2022 3846 CLEA 958.50
113303 10/13/2022 775 COVINA POLICE ASSOCIATION 3,100.00 113304 10/13/2022 878 DELTA DENTAL OF CALIFORNIA 8,419.38 113305 10/13/2022 4710 Fidelity Security Life Insurance Company 895.59 113306 10/13/2022 1106 FRANCHISE TAX BOARD 300.00
113307 10/13/2022 3795 PRE-PAID LEGAL SERVICES, INC 126.07 113308 10/13/2022 2235 PERS LONG TERM CARE PROGRAM 191.04 113309 10/13/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,230.56 Attachment A Page 4 of 5
CITY OF COVINA
Check Register
Sep 30, 2022 - Oct 13, 2022
Check # Check Date Vendor Name Amount
subtotal checks $1,867,688.10
voids (prior to current mo.) $ -
payroll (10/13/22) $ 971,622.30
payroll $ -
workers' compensation $ 22,845.27
TOTAL checks/EFTs $3,189,555.94
Attachment A Page 5 of 5
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: CC Regular Meeting - Nov 01 2022
Title: Carryover of Encumbrances and Continuing Appropriations from Fiscal Year 2021-22 to Fiscal Year 2022-23
Presented By: Anita Agramonte, Administrative Services Director Charles Russom, Management Analyst
Recommendation: Adopt Resolution CC 2022-115 approving the Carryover of Encumbrances and Continuing Appropriations from Fiscal Year 2021-22 to Fiscal Year 2022-23.
EXECUTIVE SUMMARY:
The carryover of continuing appropriations is necessary when appropriation and encumbrance balances from a fiscal year that has ended remain unspent. These amounts are required to be carried forward into the next fiscal year to facilitate the completion of projects, contracts or activities for which the funds were originally awarded.
BACKGROUND:
Covina’s Municipal Code Section 2.08.160 states that the City Manager shall be responsible for the administration of the budget after its final adoption. The City Manager shall be authorized to amend the budget between cost centers within each fund. City Council authorization shall be required for increases in total fund appropriations.
Continuing appropriations for year-end encumbrances, contractual commitments, and capital projects shall be automatically carried forward. All other appropriations shall lapse at year-end unless carried forward by City Council action. The City Manager shall keep the City Council informed with respect thereto. (Ord. 00-1872, 2000; Ord. 1232 § 1, 1973; 1964 Code § 2.26.)
DISCUSSION:
As part of the year-end process, the Finance Division of the Administrative Services Department collaborates with all departments to analyze outstanding purchase orders, contracts, and remaining budget balances to determine which purchase orders and unspent appropriations should be carried over into the new fiscal year.
Attachment A of Resolution CC 2022-115 is the proposed Schedule of Encumbrance and Continuing Appropriation Carryovers which staff recommends for City Council approval. These appropriations primarily relate to grant funds and capital improvement projects that were budgeted in Fiscal Year 2021-22 that were not completed before the end of the fiscal year, making it necessary to carry over the available budget balances to Fiscal Year 2022-23 to facilitate completion of the projects.
FISCAL IMPACT:
The fiscal impact is an increase in appropriations in Fiscal Year 2022-23 in the amounts of the necessary available carryover balances totaling $12,319,638.11 in revenues and $26,134,315.03 in expenditures. The majority of these funds are committed to the American Rescue Plan Act & Capital Improvement Program. The impact to each fund is detailed in Exhibit A of Resolution CC 2022-115.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
N/A.
ATTACHMENTS:
Attachment A- Resolution CC 2022-115 PO Carryforward Resolution 2022-2023 Exhibit A - FY 22-23 Appropriation and PO Carryover
Respectfully submitted,
Attachment A
RESOLUTION CC 2022-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING THE CARRYOVER OF ENCUMBRANCES
AND CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2021-22
TO FISCAL YEAR 2022-23
WHEREAS, the City of Covina has certain operations and projects initiated prior to the fiscal year commencing July 1, 2022, which remain incomplete and will carryover from the previous fiscal year to the current fiscal year; and
WHEREAS, the City Council desires to appropriate the necessary carryover funds for the continuation and completion of certain City operations and projects and to set forth and appropriate certain expenses;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Certain Encumbrance and Appropriations (listed in Exhibit A) are carried over from Fiscal Year 2021-22 to Fiscal Year 2022-23 and the City Manager is authorized to implement the same.
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 1
st day of November, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
EVELYN LEACH,
Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
Resolution CC 2022-115 Page 2 of 2
CERTIFICATION
I, Evelyn Leach, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-115 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:
EVELYN LEACH
Chief Deputy City Clerk
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
1010 - General Fund
10104010-51005-P2202 20220478 CD $35,306.38 Environmental Services -Mixed Use Overlay Project.10102550-54730 20220757 PW $16,849.88 Public Works Parks Supplemental10104010-51005 20220844 CD 46,500.00 Gen-Planning Consulting10104010-55250-P2203 20220802 PW 39,910.00 Sidewalk Infrastructure - 321 E Front Street10104010-51005-P2202 20220471 CD 17,008.00 Consulting Fees10104010-55250-P2203 20220715 PW 15,000.00 Sidewalk Infrastructure - 321 E Front Street $170,574.26
2020 - Low Mod Housing Asset Fund
20204700-52990 20220714 PW $6,084.53 593/611 E SBR Reporting20204700-52990 20220712 PW 51,440.00 593/611 E SBR Building Reporting $57,524.53
2055 - LMIH Bond
20554950-55100-P2202 20220420 CD $8,280.63 Asbestos and LBP report and testing20552200-55250-P2203 20220734 PW 6,265.00 Sidewalk Infrastructure - 321 E. Front Street20554950-55100-P2202 20220740 PW 29,298.50 Civ. Engr. Serv. -Covina Recreation Village Project. PSA 20554950-55100-P2202 20220864 PW 24,900.00 Peer review Services for Recreation Village $68,744.13
2185 - Building Equipment Reserve
21854100-53570 20220399 PW $3,453.40 Scanning Services for Building Equip $3,453.40
2400 - Prop A
2400TO01-51990 20220594 PW $197,626.60 Prop A-Op-Metrolink $197,626.60
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
2405 - Prop C
24052200-55310-P2004 20210463 PW $10,435.56 CIP - HSIP In-Pavement Flashing24052200-55310-P2010 20220798 PW 713,986.44 Street Infrastructure $724,422.00
2420 - Measure M
24202200-55310-P2008 20220264 CD $5,000.00 SGVCOG VMT mitigation fee structure program24202200-55310 21900113 PW 81,862.68 Repair of Existing Roadway24202200-55310-T2101 20210239 PW 9,150.69 Traffic Signal Installation24202200-55310-P2008 20220483 PW 9,304.22 CIP- Light Pole Fixture Tops $105,317.59
2510 - Measure W
25105550-55320 20200365 PW $27,006.25 CIP- Storm Draininage System25105550-55320 20220839 PW 93,979.19 CIP- Catch Basin Retrofit Program25105600-55330-WM211 20210310 PW 208,638.85 CIP- Wingate Park EWMP25105600-55330-WM211 20210311 PW 940.79 CIP- Wingate Park EWMP25105600-55330-WM211 20220545 PW 79,620.02 Environmental Consulting Services through Dec. 31, 2024 $410,185.10
2990 - ARPA
29901650-51795 20220767 CD $2,725.00 Grant Program Administration $2,725.00
4050 - Development Project Deposit
*Not appropriated expenditure (is a liability) 40500000-22410-CEQA 20220764 CD $11,870.98 CEQA Services for Public Storage Facility Project 40500000-22409-CEQA 20220769 CD 40,774.69 CEQA Services for Avid Hotel 40500000-22408-CEQA 20220256 CD 25,009.59 CEQA Services - Sheldon Dev40500000-22407-CEQA 20220471 CD 761.62 Dep Payable - Plan Vitapakt $78,416.88
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
4300 - Transportation CIP
43002200-55310-P2010 20220798 PW $2,200,202.10 Citrus Ave Rehab Proj - Street Infrastructure $2,200,202.10
4600 - Parks CIP
46003400-55100-P2202 20220598 PW $830,082.90 Buildings and Structures46003400-55200-P2207 20220881 PW 42,500.00 Improvements-Not Bldgs/Structr $872,582.90
4705 - Impact Fees-Streets Admin.
47052200-55310-P2206 20220449 PW 376,898.76 Street Infrastructure47052200-55310-P2206 20220504 PW 5,000.00 Traffic Sig Improv Proj. - Barranca Ave & Edna Place $381,898.76
6010 - Water Utility
60105000-55100 20220434 PW $12,495.47 Buildings and Structures $12,495.47
6011 - Water CIP
60115080-55410-W2202 20220395 PW $171,960.80 Water Distribution System - Consulting Services60115080-55410-P2010 20220798 PW 1,502,412.50 Water Distribution System - Citrus Ave Rehab Proj.60115080-55410-P2010 20220807 PW 40,000.00 Water Inspection Serv. - Citrus Ave Rehab Proj. $1,714,373.30
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
6200 - Environmental
62005500-51990 20220416 PW $12,250.00 Environ-Environ Admin Other $12,250.00
6300 - Sanitary Sewer
63002700-55200 20220542 PW $9,000.00 Traffic Signal Warrant Study and Design63002700-55310-P2010 20220808 PW 95,000.00 Construction Services - Citrus Ave Rehab Proj.63002700-55310-P2010 20220809 PW 45,335.00 Geotech & Material Testing - Citrus Ave Rehab Proj.63002700-54850 20220746 PW 1,778.85 Public Works Tools63002700-52410 20220434 PW 12,495.48 Maint-Improvements Other 63002700-52420 20220416 PW 12,250.00 Sewer-San Sewer Maint-Sewa63002700-55310-P2010 20220798 PW 9,206.81 Street Infrastructure63002700-55350-S2202 20220557 PW 80,406.05 Sewage Collection System $265,472.19
S531 - SACRA Land Proceeds-PA 1&2
S5314450-51205 20220454 CD $20,680.00 Disposition legal fees - Successor Agency owned prop. $20,680.00
SADM - SACRA Administration SADM4400-51205 20220372 CD $25,000.00 Redevelopment Legal Fees $25,000.00
Total Encumbrance Carryover $7,323,944.21
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
1010 - General Fund
1010-4000-51005-COWRK $50,000.00 Consulting Fees COWRK1010-4750-53786 200,000.00 ARPA - City of Covina Working Capital Assistance 1010-4750-53787 250,000.00 ARPA - Vacant Storefront Capital Improvement 1010-4700-50015 50,000.00 ARPA - Housing 1010-4010-51005-P2202 7,009.94 Covina Recreation Village Project1010-3300-53750 98,422.50 ARPA - Grant Awards- Parks & Recreation General Fund Expenditure Total $655,432.44
1095 - Emergency Reserve
10950000-59140-P2202 $939,140.90 CIP - Covina Recreation Village Project Emergency Reserve Expenditure Total $939,140.90
2020 - Other Prop
2020-4700-52990 $8,700.00 Demolition Services 593 / 611 San Bernardino Rd.
Other Prop Expenditure Total 8,700.00
2055 - Former RDA Bond Proceeds
20554400-55200-P2005 $257,775.97 CIP - Covina Park Impprovement Project 20554950-55100-P2202 4,649.85 CIP - Covina Recreation Village Project Former RDA Bond Proceeds Expenditure Total 262,425.82
2100 - CDBG
2100-4750-42050-20298 $100,000.00 Intergovernmental/CDBG CDBG Revenue Total 100,000.00
2100-4750-53750-20298 $100,000.00 Grant - Town Center Specific Plan Area Econ. Dev.
CDBG Expenditure Total 100,000.00
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
2230 - Other State Grants
2230-1200-42190 $31,641.03 CHP Traffic Cannabis Tax2230-3800-42190-THETR 3,000,000.00 California Arts Council Grant - Revenue Grant Revenue Total 3,031,641.03
2230-1200-50030 $31,641.03 CHP Traffic Cannabis Grant2230-3800-55100-THETR 3,000,000.00 California Arts Council Grant - Expense Grant Expenditure Total 3,031,641.03
2271 - JAG
2271-1000-42090-CESF $30,717.25 Corona Emergency Supplemental Fund (CESF) Grant JAG Revenue Total 30,717.25
2271-1000-54430-CESF $4,825.25 CESF Covid - Clothing & Equipment JAG Expenditure Total 4,825.25
2278 - Homeland Security Grant
2278-1130-42035-HSG19 $51,789.00 Homeland Security Grant 19 Homeland Security Grant Revenue Total 51,789.00
2278-1130-55700-HSG19 $51,789.00 Homeland Security Grant 19 Homeland Security Grant Expenditure Total 51,789.00
2310 - Road Maintenance & Rehab
23102200-55310-P2204 $955,266.00 CIP - Rowland Avenue Street Rehabilitation Project Road Maintenance & Rehab Expenditure Total 955,266.00
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
2405 - Prop C
24052200-55310 $224,713.66 Prop C-Streets Street Inf24052200-55310-P2006 177,675.96 CIP - Median Beautification Project24052200-55310-P2204 675,360.00 CIP - Rowland Avenue Street Rehabilitation Project24052200-55310-P2010 7,802.04 CIP - Citrus Ave Rehabilitation Project24054010-50010-CASMC 2,744.38 CASMC Regular Full-Time Employees24054010-51005-CASMC 16,593.08 CASMC Consulting Fees Prop C Expenditure Total $1,104,889.12
2410 - Measure R
24102200-52418 $7,500.00 Measure R Maint-Traffic Signal System Measure R Expenditure Total 7,500.00
2420 - Measure M
24202200-55310-P2004 $69,027.94 CIP - In-Pavement Flashing Crosswalk24202200-55310-P2006 37,195.20 CIP - Median Beautification Project24202200-55310-T2101 102,622.19 CIP - Traffic Signal Installation Cypress/Sunflower Measure M Expenditure Total $208,845.33
2410 - Measure W
25105550-55320 $112,453.59 CIP - Catch Basin Retrofit Project25105600-55320 260,000.00 Frontage Median Bioswale Installation Project 25105600-55330-WM211 751,783.04 Wingate Park Regional EWMP Project - Design Measure R Expenditure Total $1,124,236.63
2500 - AQMD
25002600-55550 $131,263.04 Motor Vehicle Purchase
AQMD Expenditure Total 131,263.04
2600 - DOC Beverage Grant
25205550-54990 $10,873.82 Special Supplies - Big Belly Trash Compactors DOC Beverage Grant Expenditure Total 10,873.82
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
2800 - Literacy Grant Fund
28003900-54350 $10,763.98 Special Supplies
Literacy Grant Fund Expenditure Total 10,763.98
2810 - Library Equipment Reserve
28103900-42190 $26,745.39 Other State Grants
Library Equipment Reserve Revenue Total 26,745.39
28103900-54030 $5,831.27 Computer Supplies
Library Equipment Reserve Expenditure Total 5,831.27
2990 - ARPA
2990-3300-53750 $50,000.00 ARPA- Community Programs2990-3550-53736 300,000.00 ARPA - Childcare services 2990-4750-53785 100,000.00 ARPA - Business Assistance ARPA Expenditure Total 450,000.00
4010 - General CIP
40104010-42128-CASMC $319,092.24 State Sustainable Comm Grant CASMC Revenue Total 319,092.24
40104010-50010-CASMC $17,849.33 Covina Active Street Muli Modal Connectivity Plan40104010-51005-CASMC 280,918.51 Covina Active Street Muli Modal Connectivity Plan CASMC Expenditure Total $298,767.84
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
4600 - Parks CIP
4600CNRG-42177-P2202 $2,500,000 CNR State Parks Grant - CIP - Covina Rec. Village Proj.4600PR68-42177-P2202 4,845,299.00 Prop 68 State Parks Grant - CIP - Covina Rec. Village Proj.46003400-42240-P2101 40,000.00 Prop A - CIP - Covina Park Walking Trail Project 46003400-42240-P2103 125,000.00 Prop A - CIP - Cougar Park Improvement Project46003400-42240-P2109 310,213.30 Prop A - CIP - Covina Park Playground Improvement Proj. 46003400-49110-P2202 939,140.90 Gen Fund - CIP - Covina Rec. Village Proj.
Parks CIP Revenue Total $8,759,653
4600CNRG-55100-P2202 $2,500,000.00 CIP - Covina Recreation Village Project 4600PR68-55100-P2202 4,845,299.00 CIP - Covina Recreation Village Project46003400-55100-P2202 109,058.00 CIP - Covina Recreation Village Project46003400-55200-P2103 107,947.50 CIP - Cougar Park Improvement Project Parks CIP Expenditure Total $7,562,304.50
4705 - Impact Fees - Streets Admin
47052200-55310-P2206 $10,995.90 CIP - Traffic Signal Installation Barranca/Edna Impact Fees - Streets Admin Expenditure Total 10,995.90 6010 - Water Utility
60100500-52400-F2201 $4,442.89 CIP - City Hall Renovation60100500-55600-F2201 1,400.51 CIP - City Hall Renovation60105080-55550 59,000.00 Water Trans and Dist - Motor Vehicles Water Utility Expenditure Total $64,843.40
6011 - Water Capital
60115080-55410-W2202 $1,142,161.87 CIP - Grand Avenue Water Main Installation Project Water Capital Expenditure Total 1,142,161.87
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
6200 - Environmental
62005520-52490 $13,411 CNG Upgrades - Fueling Station62005500-52400-F2201 2,772.50 CIP - City Hall Renovation62005500-51990 247,750.00 Green Street & Storm Drain Master Plan62005540-55310-P2013 74,201.79 CIP - Street Sweeping Sign Pilot Program Environmental Expenditure Total $338,135
6300 - Sanitary Sewer
63002700-55200 $37,100.00 CIP - Public Works Yard Pavement Project63002700-55310-P2010 49,486.19 CIP - Citrus Avenue Rehabilitation Project63002700-55310-P2204 75,100.00 CIP - Rowland Avenue Street Rehabilitation Project63002700-55350-S2202 170,954.00 CIP - Sewer Relief Line San Bernardino Sanitary Sewer Expenditure Total $332,640.19
7010 - Central Equipment Operations
70106010-55550 $31,000.00 Central Equipment Op - Motor Vehicles Central Equipment Operations Expenditure Total 31,000.00 Total Revenues Carryover 12,319,638.11
Total Expenditures Carryover $18,844,272.78
Total Encumbrance Carryover 7,323,944.21
Total Expenditure Encumbrance and Continuing
Appropriation Carryover $26,168,216.99
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
1010 - General Fund
10104010-51005-P2202 20220478 CD $35,306.38 Environmental Services -Mixed Use Overlay Project.10102550-54730 20220757 PW $16,849.88 Public Works Parks Supplemental10104010-51005 20220844 CD 46,500.00 Gen-Planning Consulting10104010-55250-P2203 20220802 PW 39,910.00 Sidewalk Infrastructure - 321 E Front Street10104010-51005-P2202 20220471 CD 17,008.00 Consulting Fees10104010-55250-P2203 20220715 PW 15,000.00 Sidewalk Infrastructure - 321 E Front Street $170,574.26
2020 - Low Mod Housing Asset Fund
20204700-52990 20220714 PW $6,084.53 593/611 E SBR Reporting20204700-52990 20220712 PW 51,440.00 593/611 E SBR Building Reporting $57,524.53
2055 - LMIH Bond
20554950-55100-P2202 20220420 CD $8,280.63 Asbestos and LBP report and testing20552200-55250-P2203 20220734 PW 6,265.00 Sidewalk Infrastructure - 321 E. Front Street20554950-55100-P2202 20220740 PW 29,298.50 Civ. Engr. Serv. -Covina Recreation Village Project. PSA 20554950-55100-P2202 20220864 PW 24,900.00 Peer review Services for Recreation Village $68,744.13
2185 - Building Equipment Reserve
21854100-53570 20220399 PW $3,453.40 Scanning Services for Building Equip $3,453.40
2400 - Prop A
2400TO01-51990 20220594 PW $197,626.60 Prop A-Op-Metrolink $197,626.60
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
2405 - Prop C
24052200-55310-P2004 20210463 PW $10,435.56 CIP - HSIP In-Pavement Flashing24052200-55310-P2010 20220798 PW 713,986.44 Street Infrastructure $724,422.00
2420 - Measure M
24202200-55310-P2008 20220264 CD $5,000.00 SGVCOG VMT mitigation fee structure program24202200-55310 21900113 PW 81,862.68 Repair of Existing Roadway24202200-55310-T2101 20210239 PW 9,150.69 Traffic Signal Installation24202200-55310-P2008 20220483 PW 9,304.22 CIP- Light Pole Fixture Tops $105,317.59
2510 - Measure W
25105550-55320 20200365 PW $27,006.25 CIP- Storm Draininage System25105550-55320 20220839 PW 93,979.19 CIP- Catch Basin Retrofit Program25105600-55330-WM211 20210310 PW 208,638.85 CIP- Wingate Park EWMP25105600-55330-WM211 20210311 PW 940.79 CIP- Wingate Park EWMP25105600-55330-WM211 20220545 PW 79,620.02 Environmental Consulting Services through Dec. 31, 2024 $410,185.10
2990 - ARPA
29901650-51795 20220767 CD $2,725.00 Grant Program Administration $2,725.00
4050 - Development Project Deposit
*Not appropriated expenditure (is a liability) 40500000-22410-CEQA 20220764 CD $11,870.98 CEQA Services for Public Storage Facility Project 40500000-22409-CEQA 20220769 CD 40,774.69 CEQA Services for Avid Hotel 40500000-22408-CEQA 20220256 CD 25,009.59 CEQA Services - Sheldon Dev40500000-22407-CEQA 20220471 CD 761.62 Dep Payable - Plan Vitapakt $78,416.88
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
4300 - Transportation CIP
43002200-55310-P2010 20220798 PW $2,200,202.10 Citrus Ave Rehab Proj - Street Infrastructure $2,200,202.10
4600 - Parks CIP
46003400-55100-P2202 20220598 PW $830,082.90 Buildings and Structures46003400-55200-P2207 20220881 PW 42,500.00 Improvements-Not Bldgs/Structr $872,582.90
4705 - Impact Fees-Streets Admin.
47052200-55310-P2206 20220449 PW 376,898.76 Street Infrastructure47052200-55310-P2206 20220504 PW 5,000.00 Traffic Sig Improv Proj. - Barranca Ave & Edna Place $381,898.76
6010 - Water Utility
60105000-55100 20220434 PW $12,495.47 Buildings and Structures $12,495.47
6011 - Water CIP
60115080-55410-W2202 20220395 PW $171,960.80 Water Distribution System - Consulting Services60115080-55410-P2010 20220798 PW 1,502,412.50 Water Distribution System - Citrus Ave Rehab Proj.60115080-55410-P2010 20220807 PW 40,000.00 Water Inspection Serv. - Citrus Ave Rehab Proj. $1,714,373.30
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Encumbrances
Fund Account Number PO# Department
Requested
Amount Description
6200 - Environmental
62005500-51990 20220416 PW $12,250.00 Environ-Environ Admin Other $12,250.00
6300 - Sanitary Sewer
63002700-55200 20220542 PW $9,000.00 Traffic Signal Warrant Study and Design63002700-55310-P2010 20220808 PW 95,000.00 Construction Services - Citrus Ave Rehab Proj.63002700-55310-P2010 20220809 PW 45,335.00 Geotech & Material Testing - Citrus Ave Rehab Proj.63002700-54850 20220746 PW 1,778.85 Public Works Tools63002700-52410 20220434 PW 12,495.48 Maint-Improvements Other 63002700-52420 20220416 PW 12,250.00 Sewer-San Sewer Maint-Sewa63002700-55310-P2010 20220798 PW 9,206.81 Street Infrastructure63002700-55350-S2202 20220557 PW 80,406.05 Sewage Collection System $265,472.19
Total Encumbrance Carryover $7,278,264.21
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
1010 - General Fund
1010-4000-51005-COWRK $50,000.00 Consulting Fees COWRK1010-4750-53786 200,000.00 ARPA - City of Covina Working Capital Assistance 1010-4750-53787 250,000.00 ARPA - Vacant Storefront Capital Improvement 1010-4700-50015 50,000.00 ARPA - Housing 1010-4010-51005-P2202 Covina Recreation Village Project 7,009.941010-3300-53750 ARPA - Grant Awards- Parks & Recreation 98,422.50 General Fund Expenditure Total $655,432.44
1095 - Emergency Reserve
10950000-59140-P2202 $939,140.90 CIP - Covina Recreation Village Project Emergency Reserve Expenditure Total $939,140.90
2020 - Other Prop
2020-4700-52990 $8,700.00 Demolition Services 593 / 611 San Bernardino Rd.
Other Prop Expenditure Total $8,700.00
2055 - Former RDA Bond Proceeds
20554400-55200-P2005 $257,775.97 CIP - Covina Park Impprovement Project20554950-55100-P2202 $4,649.85 CIP - Covina Recreation Village Project Former RDA Bond Proceeds Expenditure Total $262,425.82
2100 - CDBG
2100-4750-42050-20298 $100,000.00 Intergovernmental/CDBG CDBG Revenue Total $100,000.00
2100-4750-53750-20298 $100,000.00 Grant - Town Center Specific Plan Area Econ. Dev.
CDBG Expenditure Total $100,000.00
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
2230 - Other State Grants
2230-1200-42190 $31,641.03 CHP Traffic Cannabis Tax2230-3800-42190-THETR 3,000,000.00 California Arts Council Grant - Revenue Grant Revenue Total $3,031,641.03
2230-1200-50030 $31,641.03 CHP Traffic Cannabis Grant2230-3800-55100-THETR 3,000,000.00 California Arts Council Grant - Expense Grant Expenditure Total $3,031,641.03
2271 - JAG
2271-1000-42090-CESF $30,717.25 Corona Emergency Supplemental Fund (CESF) Grant JAG Revenue Total $30,717.25
2271-1000-54430-CESF $4,825.25 CESF Covid - Clothing & Equipment JAG Expenditure Total $4,825.25
2278 - Homeland Security Grant
2278-1130-42035-HSG19 $51,789.00 Homeland Security Grant 19 Homeland Security Grant Revenue Total $51,789.00
2278-1130-55700-HSG19 $51,789.00 Homeland Security Grant 19 Homeland Security Grant Expenditure Total $51,789.00
2310 - Road Maintenance & Rehab
23102200-55310-P2204 $955,266.00 CIP - Rowland Avenue Street Rehabilitation Project Road Maintenance & Rehab Expenditure Total $955,266.00
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
2405 - Prop C
24052200-55310 $224,713.66 Prop C-Streets Street Inf24052200-55310-P2006 177,675.96 CIP - Median Beautification Project24052200-55310-P2204 675,360.00 CIP - Rowland Avenue Street Rehabilitation Project24052200-55310-P2010 7,802.04 CIP - Citrus Ave Rehabilitation Project24054010-50010-CASMC 2,744.38 CASMC Regular Full-Time Employees24054010-51005-CASMC 16,593.08 CASMC Consulting Fees Prop C Expenditure Total $1,104,889.12
2410 - Measure R
24102200-52418 $7,500.00 Measure R Maint-Traffic Signal System Measure R Expenditure Total $7,500.00
2420 - Measure M
24202200-55310-P2004 $69,027.94 CIP - In-Pavement Flashing Crosswalk24202200-55310-P2006 37,195.20 CIP - Median Beautification Project24202200-55310-T2101 102,622.19 CIP - Traffic Signal Installation Cypress/Sunflower Measure M Expenditure Total $208,845.33
2410 - Measure W
25105550-55320 $112,453.59 CIP - Catch Basin Retrofit Project25105600-55320 260,000.00 Frontage Median Bioswale Installation Project 25105600-55330-WM211 751,783.04 Wingate Park Regional EWMP Project - Design Measure R Expenditure Total $1,124,236.63
2500 - AQMD
25002600-55550 $131,263.04 Motor Vehicle Purchase
AQMD Expenditure Total $131,263.04
2600 - DOC Beverage Grant
25205550-54990 $10,873.82 Special Supplies - Big Belly Trash Compactors DOC Beverage Grant Expenditure Total $10,873.82
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
2800 - Literacy Grant Fund
28003900-54350 $10,763.98 Special Supplies
Literacy Grant Fund Expenditure Total $10,763.98
2810 - Library Equipment Reserve
28103900-42190 $26,745.39 Other State Grants
Library Equipment Reserve Revenue Total $26,745.39
28103900-54030 $5,831.27 Computer Supplies
Library Equipment Reserve Expenditure Total $5,831.27
2990 - ARPA
29903300-53750 $50,000.00 ARPA- Community Programs29903550-53736 300,000.00 ARPA - Childcare services 29904750-53785 100,000.00 ARPA - Business Assistance 29904000-50015 9,975.24 ARPA - Part Time City Resource Specialist- Pay29904000-50110 563.95 ARPA - Part Time City Resource Specialist -Medicare 29904000-50400 1,238.85 ARPA - Part Time City Resource Specialist- Work Comp ARPA Expenditure Total $461,778.04
4010 - General CIP
40104010-42128-CASMC $319,092.24 State Sustainable Comm Grant CASMC Revenue Total $319,092.24
40104010-50010-CASMC $17,849.33 Covina Active Street Muli Modal Connectivity Plan40104010-51005-CASMC 280,918.51 Covina Active Street Muli Modal Connectivity Plan CASMC Expenditure Total $298,767.84
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
4600 - Parks CIP
4600CNRG-42177-P2202 $2,500,000 CNR State Parks Grant - CIP - Covina Rec. Village Proj.4600PR68-42177-P2202 4,845,299.00 Prop 68 State Parks Grant - CIP - Covina Rec. Village Proj.46003400-42240-P2101 40,000.00 Prop A - CIP - Covina Park Walking Trail Project 46003400-42240-P2103 125,000.00 Prop A - CIP - Cougar Park Improvement Project46003400-42240-P2109 310,213.30 Prop A - CIP - Covina Park Playground Improvement Proj. 46003400-49110-P2202 939,140.90 Gen Fund - CIP - Covina Rec. Village Proj.
Parks CIP Revenue Total $8,759,653
4600CNRG-55100-P2202 $2,500,000.00 CIP - Covina Recreation Village Project 4600PR68-55100-P2202 4,845,299.00 CIP - Covina Recreation Village Project46003400-55100-P2202 109,058.00 CIP - Covina Recreation Village Project46003400-55200-P2103 107,947.50 CIP - Cougar Park Improvement Project Parks CIP Expenditure Total $7,562,304.50
4705 - Impact Fees - Streets Admin
47052200-55310-P2206 $10,995.90 CIP - Traffic Signal Installation Barranca/Edna Impact Fees - Streets Admin Expenditure Total $10,995.90 6010 - Water Utility
60100500-52400-F2201 $4,442.89 CIP - City Hall Renovation60100500-55600-F2201 1,400.51 CIP - City Hall Renovation60105080-55550 59,000.00 Water Trans and Dist - Motor Vehicles Water Utility Expenditure Total $64,843.40
6011 - Water Capital
60115080-55410-W2202 $1,142,161.87 CIP - Grand Avenue Water Main Installation Project Water Capital Expenditure Total $1,142,161.87
City of Covina
Schedule of Encumbrance and Continuing Appropriation Carryovers From FY 2021-22 to FY 2022-23
Exhibit A
Appropriations
Fund Account Number
Requested
Amount Description
6200 - Environmental
62005520-52490 $13,411 CNG Upgrades - Fueling Station62005500-52400-F2201 2,772.50 CIP - City Hall Renovation62005500-51990 247,750.00 Green Street & Storm Drain Master Plan62005540-55310-P2013 74,201.79 CIP - Street Sweeping Sign Pilot Program Environmental Expenditure Total $338,135.45
6300 - Sanitary Sewer
63002700-55200 $37,100.00 CIP - Public Works Yard Pavement Project63002700-55310-P2010 49,486.19 CIP - Citrus Avenue Rehabilitation Project63002700-55310-P2204 75,100.00 CIP - Rowland Avenue Street Rehabilitation Project63002700-55350-S2202 170,954.00 CIP - Sewer Relief Line San Bernardino Sanitary Sewer Expenditure Total $332,640.19
7010 - Central Equipment Operations
70106010-55550 $31,000.00 Central Equipment Op - Motor Vehicles Central Equipment Operations Expenditure Total $31,000.00 Total Revenues Carryover $12,319,638.11
Total Expenditures Carryover $18,856,050.82
Total Encumbrance Carryover $7,278,264.21
Total Expenditure Encumbrance and Continuing
Appropriation Carryover $26,134,315.03
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: CC Regular Meeting - Nov 01 2022
Title: City of Covina Investment Report for Month ended August 31, 2022 Presented By: Anita Agramonte, Administrative Services Director Recommendation: Receive and File.
EXECUTIVE SUMMARY / BACKROUND:
Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, amonthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments and monies of the City.
DISCUSSION:
The attached report for the City and Successor Agency reflects the portfolio balances for the month ended August 31, 2022. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. There are sufficient funds to meet the pooled expenditure requirements for all City funds for the next 6 months.
FISCAL IMPACT:
None to receive and file.
ATTACHMENTS:
Attachment A-City - Investment Report for the Month Ended August 31, 2022 Attachment A-1-City - Cash and Investment Summary
Attachment A-Agency- Investment Report for the Month Ended August 31, 2022 Attachment A-1-Agency- Cash and Investment Summary
Attachment A-2 Total Investment Portfolio as of August 31, 2022 Attachment A-3 Investment Transaction Summary
Attachment A-4 Investment Holdings by Sector
Attachment A-5 Cash and Investments - Three Year Comparison Attachment A-6 - City LAIF Statement
Attachment A-7 - Successor Agency LAIF Statement
Attachment A-8 LAIF Market Valuation for August 31, 2022 Respectfully submitted,
CASH BALANCE 7/31/2022 $83,016,639.62
RECEIPTS 8/1/22-8/31/22 10,820,732.96
DISBURSEMENTS 8/1/22-8/31/22 (10,397,577.19)
CASH BALANCE 8/31/2022 $83,439,795.39
ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 24,190,410.55
LOCAL AGENCY INVESTMENT FUND Attachment A-6 54,182,793.97 TOTAL PUBLIC INVESTMENTS $78,373,204.52
CHECKING AND PETTY CASH BALANCES 5,066,590.87
CASH AND INVESTMENT BALANCE 8/31/2022 $83,439,795.39
CASH HELD BY BOND TRUSTEES 2,001,527.18
TOTAL CASH AND INVESTMENT BALANCE 8/31/2022 $85,441,322.57
CITY O F CO VINA INVESTMENT REPO RT
FO R THE MO NTH ENDED AUGUST 31, 2022
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the pooled expenditures of all City’s funds for the next 6 months.
Attachment A - CITY
BOOK ACQUISITION MATURIT
Y MARKET
TYPE OF INVESTMENT ISSUER VALUE $ DATE DATE VALUE $
Cit
y of Covina:
Drawer & Pett
y Cash
N/A 7,935.49
N/A
N/A 7,935.49
General - Checkin
g Account Bank of the West $3,646,454.29
N/A Deman
d 3,646,454.29
Public A
genc
y Savin
g - Parkin
g Fines Bank of the West 3,508.08
N/A Deman
d 3,508.08
Utilit
y Billin
g Account Bank of the West $159,975.49
N/A Deman
d 159,975.49
Workers' Com
pensation - Checkin
g Account Bank of the West 80,494.79
N/A Deman
d 80,494.79
Pa
yroll - Checkin
g Account Bank of the West $1,115,285.99
N/A Deman
d 1,115,285.99
Mone
y Market Bank of the West $28,276.87
N/A Deman
d 28,276.87
AFLAC Flexible S
pendin
g Account Bank of the West 24,659.87
N/A Deman
d 24,659.87
STIFEL Investment Portfolio Various Variou 24,190,410.55 s Various 23,600,271.62Local A genc
y Investment Fun
d State of California 54,182,793.97
N/A Deman
d 54,182,793.97
Subtotal (A) $83,439,795.39 $82,849,656.46
Cash Held Under 3rd Part
y Administrator:
TRIP 2017A Covina Wilmin
gton Trust 44.27
N/A Deman
d $44.27
LA Count
y Loan A
greement U.S. Bank 2,000,109.17
N/A Deman
d $ 2,000,042.61
2021 Taxable Pension Obli
gation Bonds U.S. Bank 1,373.53
N/A Deman
d $1,373.53
2019 Wastewater Refundin
g Bonds U.S. Bank 0.21
N/A Deman
d $0.21
Subtotal (B) 2,001,460.62 2,001,527.18
TOTAL (A+B) $85,441,322.57 $84,851,117.08
The
purpose of this schedule is to show the total cash and investments held b y the Cit
y of Covina b
y account.
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED AUGUST 31, 2022
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\August 2022\August 2022 Investment Report\CITY -ATTACH A-1 Attachment A-1 CITY
CASH BALANCE 7/31/2022 $557,435.68
RECEIPTS 7/1/22-7/31/22 0.00
DISBURSEMENTS 7/1/22-7/31/22 0.00
CASH BALANCE 8/31/2022 $557,435.68
ANALYSIS OF CASH AND INVESTMENT BALANCE
CHECKING ACCOUNT 27,612.64
LOCAL AGENCY INVESTMENT FUND Attachment A-7 529,823.04
AVAILABLE CASH BALANCES $557,435.68
CASH AND INVESTMENTS HELD BY BOND TRUSTEES 3,025,887.23 TOTAL CASH & INVESTMENT BALANCE 8/31/2022 $3,583,322.91
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2022
The purpose of this report is to provide readers with the overall cash position of the Successor Agency to the Covina Redevelopment Agency (Agency). There is sufficient investment liquidity to meet the pooled expenditures of all Agency's funds for the next 6 months.
ATTACHMENT A-AGENCY
BANK ACQUISITION MARKET
TYPE OF INVESTMENT ISSUER VALUE $ DATE DATE VALUE $
Successor Agency to the Covina Redevelopment Agency:Checking Account Bank of the West 27,612.64 N/A Demand 27,612.64Local Agency Investment Fund State of California 529,823.04 Demand 529,823.04 Subtotal (A) $557,435.68 $557,435.68
Cash Held Under 3rd Party Administrator:(1) 2013 Series A Tax Allocation Bonds U.S. Bank* 2,464,958.02 N/A Demand 2,464,958.02 Fiscal Agent: U.S. Bank(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 162,307.49 N/A Demand 162,307.49 Fiscal Agent: U.S. Bank(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 398,621.72 N/A Demand 398,621.72 Fiscal Agent: U.S. Bank Subtotal (B) $3,025,887.23 $3,025,887.23
TOTAL (A+B) $3,583,322.91 $3,583,322.91
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account. * Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED AUGUST 31, 2022
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\August 2022\August 2022 Investment Report ATTACHMENT A-1 AGENCY
Trustee Purch date Dated Qty
Market Price Per
Share
Total Original Cost
Value Total Market Value Coupon CUSIP Maturity Issuer
FEDERAL AGENCY SECURITIES
Stifel (from U.S. Bank) 11/27/19 6,250 99.864000 629,809.57 624,150.00 1.8750 912828M49 10/31/2022 US Treasury Stifel (from U.S. Bank) 03/04/20 1,600 99.422000 162,918.75 159,075.20 1.5000 912828Z29 1/15/2023 US Treasury Stifel (from U.S. Bank) 08/28/19 7,750 99.406000 783,143.55 770,396.50 1.6250 912828P38 1/31/2023 US Treasury Stifel (from U.S. Bank) 03/04/20 2,850 99.160000 289,408.59 282,606.00 1.3750 912828Z86 2/15/2023 US Treasury Total U.S. Treasury 1,836,227.70 1,865,280.46
Stifel (from U.S. Bank) 02/21/20 5,250 99.255000 524,034.00 521,088.75 1.3750 3130AJ7E3 2/17/2023 Federal Home Loan Stifel 06/30/22 10,000 99.203000 1,002,311.40 992,030.00 3.1250 3130ASHK8 6/14/2024 FEDL Home Loan Bank Bond Stifel 06/30/22 10,000 94.705000 952,708.25 947,050.00 1.0000 3130AQF40 12/20/2024 FEDL Home Loan Bank Bond Stifel 02/02/22 10,000 97.411000 1,037,038.26 974,110.00 2.6250 3130A6ZQ3 12/12/2025 FEDL Home Loan Bank Bond Stifel 04/07/22 10,000 98.642000 1,011,710.39 986,420.00 3.0000 3130A2VE3 9/11/2026 FEDL Home Loan Bank Bond Stifel (from U.S. Bank) 04/21/20 6,100 98.036000 608,475.00 598,019.60 0.3750 3137EAEQ8 4/20/2023 FHLMC Stifel (from U.S. Bank) 05/07/20 6,100 97.931000 609,743.80 597,379.10 0.3750 3137EAER6 5/5/2023 FHLMC Total Federal Home Loan 5,616,097.45 5,746,021.10
Stifel (from U.S. Bank) 06/09/20 6,000 97.606000 598,044.00 585,636.00 0.3000 3133ELG81 6/8/2023 Federal Farm Credit BKs Stifel 02/02/22 20,000 96.640000 1,990,871.52 1,932,800.00 0.9000 3133ENLF5 1/18/2024 FEDL Farm Credit Bank Bond Stifel 02/02/22 10,000 94.991000 998,647.01 949,910.00 1.3200 3133ENLU2 1/21/2025 FEDL Farm Credit Bank Bond Stifel 02/02/22 10,000 92.267000 996,151.59 922,670.00 1.5000 3133ENKV1 1/13/2027 FEDL Farm Credit Bank Bond Stifel 04/07/22 10,000 98.920000 1,018,499.22 989,200.00 3.1500 3133EJDV8 3/22/2027 Federal Farm Credit Bank Bond Total Federal Farm Credit 5,380,216.00 5,602,213.34
Stifel 06/30/22 10,000 90.151000 915,357.70 901,510.00 0.9400 31422XGQ9 10/26/2026 FEDL Agric MTG CorpMedium Term Note
Total Federal Farm Credit 901,510.00 915,357.70
Certiricates of Deposits
Stifel 04/27/22 2,450 97.981000 245,000.00 240,053.45 2.8500 02007GQQ9 5/5/2026 Ally Bank -
Midvale UT CD
Stifel 03/01/22 2,450 96.109000 245,000.00 235,467.05 1.8000 02589ABP6 3/10/2025 American Express Natl BK -
Salt Lake City UT CD
Stifel 06/30/22 2,450 99.481000 245,000.00 243,728.45 3.2500 02616ABJ7 7/15/2025 American First CR UNBrea CA SHS CTF
Stifel 06/23/22 2,450 99.697000 245,000.00 244,257.65 3.0000 06251A4G2 12/29/2023 Bank Hapoalim BMNew York NY CD
Stifel 05/24/22 2,450 98.997000 245,000.00 242,542.65 3.0500 06740KQS9 6/2/2025 Barclays Bank DEWilmington DE CD
Stifel 03/01/22 2,450 94.096000 245,000.00 230,535.20 2.0500 07371CK81 3/3/2027 Beal Bank -
Las Vegas NV CD
Stifel 03/01/22 2,450 94.096000 245,000.00 230,535.20 2.0500 07371AZQ9 3/3/2027 Beal Bank -
Plano TX CD
Stifel 06/23/22 2,450 99.367000 245,000.00 243,449.15 3.2000 05600XGK0 6/24/2025 BMO Harris Bank NAChicago IL CD
Stifel 03/01/22 2,450 96.136000 245,000.00 235,533.20 1.8000 05580AK37 3/4/2025 BMW Bank North America -
Salt Lake City UT CD
Stifel 04/27/22 2,450 98.113000 245,000.00 240,376.85 3.0500 14042RRA1 5/4/2027 Capital One NA -
Mclean VA CD
Stifel 04/07/22 2,450 96.676000 245,000.00 236,856.20 2.7000 14042TFJ1 4/13/2027 Cpital One Bank USA NA -
Glen Allen VA CD
Stifel 05/20/22 2,450 98.722000 245,000.00 241,868.90 3.2000 254673E36 5/24/2027 Discover BankGreenwood DE CD
Stifel 05/16/22 2,450 98.640000 245,000.00 241,668.00 3.0000 32110YXE0 11/28/2025 First Natl Bank of Amer- East
Lansing MI CE
Stifel 06/30/22 2,450 99.921000 245,000.00 244,806.45 3.2500 33715LEA4 4/15/2024 First Technology FCUMountain View CA SHS CTF
Stifel 04/27/22 2,450 98.099000 245,000.00 240,342.55 3.0500 38149M6Y4 5/11/2027 Goldman Sachs Bank USA -
New York NY CD
Stifel 05/24/22 2,450 99.192000 245,000.00 243,020.40 2.8500 465076TQ0 5/28/2024 Isreal Discount BK of NYNew York NY CD
Stifel 03/03/22 2,490 96.317000 248,751.00 239,829.33 1.8500 538036HW7 2/14/2025 Live Oak Bkg Co -
Wilmington NC CD
Stifel 03/01/22 2,450 94.039000 245,000.00 230,395.55 2.0500 58404DNG2 3/8/2027 Medallion Bank -
Salt Lake City UT CD
Stifel 05/16/22 2,450 98.947000 245,000.00 242,420.15 3.2500 61690UJ68 5/19/2027 Morgan Stanley Bank NA- Salt
Lake City UT CD
Stifel 05/16/22 2,450 98.947000 245,000.00 242,420.15 3.2500 61768EJR5 5/19/2027 Morgan Stanley PVT BK NAPurchase NY CD
Stifel 06/23/22 2,450 99.819000 245,000.00 244,556.55 3.2500 67523TBE2 7/1/2024 Oceanfirst Bank NA- Toms
River NJ CD
Stifel 02/02/22 2,450 92.677000 245,000.00 227,058.65 1.7000 70962LBE1 2/18/2027 Pentagon Federal CR UN -
Tysons Corner VA
Stifel 06/23/22 2,450 99.472000 245,000.00 243,706.40 3.0500 72345SLE9 6/28/2024 Pinnacle Bank -
Nashville TN CD
Stifel 06/27/22 2,450 99.837000 245,000.00 244,600.65 2.8500 75524KNZ3 6/29/2023 RBS Citizens NAProvidence RI CD
Stifel 02/16/22 2,450 94.748000 245,000.00 232,132.60 2.2000 795451BH5 2/23/2027 Sallie Mae Bank -
Salt Lake City UT CD
Stifel 02/01/22 2,450 92.962000 245,000.00 227,756.90 1.7500 856285G21 2/9/2027 State Bank of India -
New York NY CD
CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
August 2022
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 6 of 13 stment Reports\22-23\August 2022\August 2022 Investment Report Attachment A-2 Trustee Purch date Dated Qty
Market Price Per
Share
Total Original Cost
Value Total Market Value Coupon CUSIP Maturity Issuer
CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
August 2022
Stifel 04/07/22 2,450 96.673000 245,000.00 236,848.85 2.7000 87165FK45 4/14/2027 Synchrony Bank -
Draper UT CD
Stifel 06/23/22 2,450 99.635000 245,000.00 244,105.75 3.2000 87164DTM2 8/30/2024 Synovus BankColumbus GA CD
Stifel 06/30/22 10,000 109.321000 1,111,893.51 1,093,210.00 6.7500 880591CJ9 11/1/2025 Tennessee Valley AuthPWR Bond 1995 SER E
Stifel 05/09/22 2,450 98.734000 245,000.00 241,898.30 3.2000 89235MNH0 5/17/2027 Toyota Finl Svgs BankHenderson NV CD
Stifel 06/27/22 2,450 99.733000 245,000.00 244,345.85 3.2000 90348J4B3 7/1/2024 UBS Bank USASalt Lake City UT CD
Total Certificate of Deposits 8,270,327.03 8,465,644.51 Stifel Net Cash Equivalents 1,595,893.44 1,595,893.44
Total Value of Portfolio 24,190,410.55 $ 23,600,271.62 $ S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 7 of 13 stment Reports\22-23\August 2022\August 2022 Investment Report Attachment A-2 Qty Purch Date Maturity
Share Price at Purch
Date Net Trade Amount Cost Basis Value Market Value Accrued Interest Issuer CUSIP Held by
NO PURCHASES IN AUGUST
Total - - - -
Qty Purch Date Maturity
Sale / Maturity
Date
Share Price at Sale /
Maturity Date Original Cost Value
Par Value at
Sale/Maturity
Gain / (Loss) on
Sale / Redemption
Interest Earnings
Since Purchase Issuer CUSIP Held by
11/27/19 8/15/ 6,250 2022 8/15/2022 100.000000 625,152.59 ( 625,000.00 30, 152.59) US Treasury 468.78 912828TJ9 Stifel (from U.S. Bank) 09/12/19 8/15/ 4,250 2022 8/15/2022 100.000000 423,804.69 1, 425,000.00 18, 195.31 US Treasury 639.95 912828YA2 Stifel (from U.S. Bank) Total 1,048,957.28 1, 1, 050,000.00 49, 042.72 108.73
Period Interest Rev enue
Gain / (Loss) on
Transactions Management Fees Net rev enue / (Loss)
Fees as a %
of Revenue
Previous Month 29,325.92 (3, - 314.94) 26, 0% 010.98
Previous 12 mos. 267,242.37 9, (10, 498.40 319.84) 4% 266,420.93 Investments Held 24,190,410.55 $ Total Fees 10,319.84Fees as % of Portfolio 0.04% PREVIOUS 12 MONTH FEE ANALYSIS
September 2021-August 2022
CITY OF COVINA
Investment Transaction Summary
for the Month Ended August 31, 2022
Purchased Investments
Sold/Matured Investments
Net Rev enue Analysis - for Period Ending August 31, 2022 S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\August 2022\August 2022 Investment Report Attachment A-2
U.S. Bank &
Stifel Total
Investment PercentageBook Value
Cash & Pending Transactions 1,595,893 6.60%
Federal Home Loan 5,746,021 23.75%Federal Farm Credit 5,602,213 23.16%Federal Agriculture Mortgage 915,358 3.78%Certificate of Deposits 8,465,645 35.00%U.S. Treasury 1,865,280 7.71% Total 24,190,411 100.00%
*Average Investment coupon rate: 2.23% (based on weighted average of Original Cost Value)This chart shows the breakdown of the City's investments into the various investment sectors.
CITY OF COVIN
A
Inv estment Holdin
gs b
y Sector
6.60%
23.75%
23.16%
3.78%
35.00%
7.71%
Holdings by Sector
Cash & Securities Pending
Settlement U.S. Treasury
Federal Home Loan
Federal Farm Credit
Certif icates of Deposit
Federal Agriculture
Mortgage
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Investment Holdings by Sector\22-23\Investment Holdings by Sector - Aug 22 Attachment A-4
Quarter
Ending City Agency*
8/31/2020 48,967,000 6,452,9018/31/2021 71,746,217 4,522,961 8/31/2022. 85,441,323 3,583,323
The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY Cash and Investments Three Year Comparison as of August 31, 2022 $0
$20,000,000$40,000,000$60,000,000$80,000,000
$100,000,000
8/31/2020 8/31/2021 8/31/2022.
48,967,000
71,746,217
85,441,323
6,452,901 4,522,961 3,583,323
Month Ending Aug 31
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
CityAgency*
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\August 2022\Cash Comparison Aug 22 ATTACHMENT A-5
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Attachment A-7
Carrying Cost Plus
Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury:
Bills $ 50,959,355,621.66 $ 50,974,222,500.00 NA
Notes $ 104,276,905,095.93 $ 101,503,463,000.00 $ 204,742,620.50 Federal Agency:
SBA $ 339,716,586.08 $ 340,078,930.38 $ 273,153.10
MBS-REMICs $ 4,016,572.17 $ 4,041,914.86 $ 18,102.58
Debentures $ 8,941,905,096.37 $ 8,752,298,750.00 $ 17,870,500.95 Debentures FR $ - $ - $ -
Debentures CL $ 2,550,000,000.00 $ 2,511,845,000.00 $ 14,005,459.00 Discount Notes $ 30,130,920,319.35 $ 30,144,393,000.00 NA Supranational Debentures $ 2,281,987,475.83 $ 2,200,894,100.00 $ 7,424,528.90 Supranational Debentures FR $ - $ - $ -
CDs and YCDs FR $ - $ - $ -
Bank Notes $ 100,000,000.00 $ 99,745,085.56 $ 525,000.00 CDs and YCDs $ 13,510,000,000.00 $ 13,486,320,640.14 $ 58,292,522.21 Commercial Paper $ 10,096,386,048.57 $ 10,124,743,430.62 NA Corporate:
Bonds FR $ - $ - $ -
Bonds $ 542,757,382.10 $ 518,895,100.00 $ 2,889,619.48
Repurchase Agreements $ - $ - $ -
Reverse Repurchase $ - $ - $ -
Time Deposits $ 4,714,000,000.00 $ 4,714,000,000.00 NA
PMIA & GF Loans $ 841,492,000.00 $ 841,492,000.00 NA
TOTAL $ 229,289,442,198.06 $ 226,216,433,451.56 $ 306,041,506.72 Fair Value Including Accrued Interest $ 226,522,474,958.28 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
State of California
Pooled Money Investment Account
Market Valuation
8/31/2022
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: CC Regular Meeting - Nov 01 2022
Title: Second Reading of the following Ordinances:
1. Ordinance 22-12, Approving Zoning Code Amendment (ZCA) 22-03 by Adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, Establishing New Regulations Regarding Permitted and Conditionally Permitted Uses, Objective Development and Design Standards, Application, Review and Approval Requirements, and Appeal Procedures for Future Mixed-Use Developments in the City;
2. Ordinance 22-13, Approving Zone Change (ZCH) 22-03 and Amending the City’s Official Zoning Map by Adding MUOD to 85 parcels and AHMUOD to 63 Parcels Within the 13 Project Areas Throughout the City and Approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A Contains the List of Assessor Parcel Numbers for Zone Change 22-03, and
3. Ordinance 22-14, Approving Zone Change (ZCH) 22-06 and Amending the City's Official Zoning Map to Change the Zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), Consistent with the Existing General Plan Designation of High-Density Residential and Approving a Notice of Exemption for Environmental Review (CEQA), for Property Located at 544 E. Rue Royal Street, APN: 8429-035-015
Presented By: Brian K. Lee, AICP
Recommendation: Adopt on second reading the following:
1. Ordinance 22-12 entitled, an ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-03 by adding Chapter
17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, establishing new regulations regarding permitted and conditionally permitted uses, objective development and design standards, application, review and approval requirements, and appeal procedures for future mixed-use developments in the City;
2. Ordinance 22-13 entitled, an ordinance of the City Council of the City of Covina California, approving Zone Change (ZCH) 22-03 and amending the City’s Official Zoning Map by adding MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City and approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A contains the list of Assessor Parcel Numbers for Zone Change 22-03; and
3. Ordinance 22-14 entitled, an ordinance of the City Council of the City of Covina, California, approving Zone Change (ZCH) 22-06 and amending the City's Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of High-Density Residential and approving a Notice of Exemption for Environmental Review (CEQA), for property located at 544 E. Rue Royal Street, APN: 8429-035-015.
EXECUTIVE SUMMARY / BACKROUND:
Ordinances 22-12; 22-13; and 22-14 (Attachments A, B. and C) were approved at introduction by a 5/0 vote of the City Council at the October 19, 2022, City Council Meeting.
DISCUSSION:
It is recommended that City Council adopt on second reading the following:
Ordinance 22-12 entitled, "An ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-03 by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, establishing new regulations regarding permitted and conditionally permitted uses, objective development and design standards, application, review and approval requirements, and appeal procedures for future mixed-use developments in the City;
Ordinance, 22-13 "An ordinance of the City Council of the City of Covina California, approving Zone Change (ZCH) 22-03 and amending the City’s Official Zoning Map by adding MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City and approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A contains the list of Assessor Parcel Numbers for Zone Change 22-03"; and Ordinance 22-14 entitled, "An ordinance of the City Council of the City of Covina, California, approving Zone Change (ZCH) 22-06 and amending the City's Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of High-Density Residential and approving a Notice of Exemption for Environmental Review (CEQA), for property located at 544 E. Rue Royal Street, APN: 8429-035-015." FISCAL IMPACT:
There is no fiscal impact for a second reading and adoption of an ordinance.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Ordinance 22-12
Attachment B - Ordinance 22-13
Attachment C - Ordinance 22-14
Respectfully submitted,
ORDINANCE 22-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 22-03 BY ADDING CHAPTER 17.59 (MIXED-USE OVERLAY DISTRICT) AND CHAPTER 17.31 (AFFORDABLE HOUSING MIXED-USE OVERLAY
DISTRICT) TO TITLE 17 OF THE COVINA MUNICIPAL CODE, AND
ESTABLISHING NEW DEVELOPMENT REGULATIONS FOR MUOD
AND AHMUOD, AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD). The MUOD and AHMUOD aim to encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunities for housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, in accordance with CEQA, the City of Covina has completed an Initial Study to determine whether the Project may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council. Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code.
WHEREAS, The MND identifies that the proposed project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND,
Ordinance 22-12 Page 2 of 4
the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released for a 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zoning Code Amendment (ZCA) 22-03. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a 5-0-0 vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zoning Code Amendment (ZCA) 22-03; and
WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22-03 and 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 Zoning Code Amendment (ZCA) 22-03. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-03, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zoning Code Amendment (ZCA) 22-03 would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the Zoning Code Amendment (ZCA) 22-03 would be reduced below a level of significance in the following categories: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. The City Council has reviewed the administrative record concerning the proposed ZCA 22-03 and the proposed CEQA determination, and based on its own independent judgement, adopt the Mitigated Negative Declaration and the Mitigation Measures and Monitoring Program.
Ordinance 22-12 Page 3 of 4
SECTION 3. Findings for ZCA 22-03. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby finds that the proposed Zoning Code Amendment (ZCA) 22-003 is consistent with the Land Use Plan and the Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zoning Code Amendment (ZCA) 22-03, by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, and establishing new regulations for future mixed-use developments in the City as set forth in Exhibit “A”; and, incorporated herein by this reference as though set forth in full.
SECTION 5. 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.
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. 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.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-12 Page 4 of 4
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 22-12 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 22-12 Exhibit A
EXHIBIT A
ZONING CODE AMENDMENT 22-03
DRAFT CHAPTERS 17.59 AND 17.31, TITLE 17 OF THE
COVINA MUNICIPAL CODE
1 ORDINANCE 22-12 - EXHIBIT A
Chapter 17.59
MIXED-USE OVERLAY DISTRICT (MUOD)
Sections:
Section 17.59.010 Intent, Purpose, and Applicability
Section 17.59.020 Definitions
Section 17.59.030 Permitted and Conditional Uses
Section 17.59.040 Accessory Uses
Section 17.59.050 Uses not Listed
Section 17.59.060 Property Development Standards and Special Development Regulations Section 17.59.070 Statement of Intent for Objective Design and Architectural Standards Section 17.59.080 Objective Design and Architectural Standards Section 17.59.090 Submittal Requirements and Applications Section 17.59.100 Review Process, Approval Authority, and Appeal Procedures Section 17.59.010 Intent, Purpose, and Applicability
A. The intent of this Mixed-Use Overlay District (MUOD) is to guide and regulate future mixed-use development in accordance with the policies and objectives of the Mixed-Use land use designation as established in the Covina General Plan. The MUOD establishes specific development regulations and design criteria/standards with the goal of achieving high-quality mixed-use projects, which can be applied on a project-by-project basis to areas that are designated General Commercial or Industrial in the General Plan.
B. The purpose of this MUOD is to:
1. Encourage mixed-use projects that combine residential with non-residential uses in the same building or project/building site area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel.
2. Create cohesive yet diverse neighborhoods with increased economic and cultural opportunities, contributing to greater livability and a healthier local economy.
3. Provide walkable neighborhoods with pedestrian-oriented amenities and connections.
4. Enhance the appearance of the City by considering the creative design of buildings, structures, and facilities.
5. Provide a meaningful blend of residential and non-residential uses that ensure compatibility within the project area and with surrounding uses and development patterns.
6. Encourage and facilitate in-fill development. Encourage consolidation of small parcels into larger, more viable, block-sized areas for mixed-use projects.
7. Provide a diversity of housing options and affordability, and accommodate live/work units and spaces that enable residents to live closer to where they live, work and recreate.
8. Create more opportunities for residential development in the City.
C. Applicability.
2 1. The MUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The MUOD establishes regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments that benefit the City and future applicants. Applicants can choose to either comply with the development and design standards and requirements established with the underlying zoning classification per the existing Zoning Code or comply with the mixed-use development and design standards and requirements described in this Chapter.
2. Property classified with a MUOD shall be identified on the City’s Official Zoning Map by both the underlying zone and the MUOD by listing the (MUOD) classification in parenthesis after the underlying zoning classification.
Section 17.59.020 Definitions
The following definitions apply to mixed-use development within the MUOD.
1. Floor Area Ratio: The Floor Area Ratio (FAR) regulates the amount of use (the intensity) allowed on a building lot. FAR is the measurement of a building's floor area relative to the size of the lot/parcel on which the building is located. FAR is expressed as a decimal number and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area).
2. Lot Coverage: The percentage of the lot area covered by structures or buildings, including all accessory buildings such as detached recreation buildings, laundry buildings, carports or garages and other similar detached structures. Not included in the lot coverage are trellises, patios, patio covers within common open spaces, and trash enclosures areas.
3. Live‐Work Unit or Space: A rental or ownership unit consisting of both living spaces and work areas, where the live-work unit is the primary dwelling of the occupant. Typical uses include artist lofts, studio spaces, small offices, or similar low-intensity uses.
4. Maker Space Activities and Uses: Uses such as artist studios and galleries, incubator industrial uses, 3-D printing services, wholesale and retail coffee with on-site roasting and café, and research and technology (invention, design and improvement of products and equipment) uses such as artificial intelligence, software, audio and visual technology.
5. Mixed-Use Development: Projects that combine residential uses with other types of uses such as commercial, office, light industrial, and institutional uses, as well as pedestrian amenities and connections in a single cohesive project. Both horizontal and vertical mixed-use development will be allowed as follows:
3 a. Horizontal Mixed-Use: Horizontal mixed-use projects allow a range of uses in a single development project area where uses are adjacent to one another, either in separate buildings or on separate parcels included in a single project application. Internal streets and drives connect the separate but adjacent uses with pedestrian connections and pathways. The buildings and individual project components may have common features and support services such as parking, servicing, loading, and utility areas. b. Vertical Mixed-Use: Vertical mixed-use projects allow for a mix of uses in the same building where non-residential uses occupy the ground floor and residential uses occupy the upper levels. A vertical mixed-use project may have a surface parking lot, subterranean parking decks, and/or above-ground parking decks.
6. Net acre: Net acre means the total land area after the land dedication for a public street.
7. Research and Development: Work and activities directed toward the innovation, introduction, and improvement of products and processes.
Section 17.59.030 Permitted and Conditional Uses
A. If a mixed-use development project is located within an Industrial Zone and proposes to develop a mix of residential and non-residential uses within the same project area, the following uses are permitted:
1. Residential Uses
a. Multiple-family dwellings such as townhouses, stacked flats, open floor plan lofts, apartments, condominiums, and similar housing types.
b. Accessory Dwelling Units and Junior Accessory Dwelling Units, subject to the provisions of Chapter 17.69.
c. Live-work units. The living (dwelling) space shall occupy a minimum of 80% of the total gross floor area of the unit, while the workspace shall occupy a minimum of 500 square feet. The workspace area within the live-work unit is prohibited from converting the space into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses
ii. Studios (art, photography, copywriter, film video, podcasting) iii. Arts and craft studios, including sales and galleries iv. Tutoring services such as music, math, and other academic subjects with a maximum of two students attending the tutoring service at any one time. v. Home-based cottage food business
d. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).
2. Industrial Uses
a. Light Manufacturing uses, including manufacturing of crafts, art, sculptor, stained glass, jewelry, apparel, small household furniture, and similar items. b. Furniture upholstery activities, including custom household upholstery of chairs, couches, sofas, etc.
c. Craft brewery or winery production, without on-site testing or sales.
4 d. Research and development uses and activities, including businesses that result in new technology that could be used to create new products, services, and/or systems that could either be used or sold.
e. Technology-related uses, such as computer and software development, electronics, etc. f. Podcast and small-scale video production.
g. Small-scale food preparation and/or packaging.
h. Bicycle sales and service.
i. Maker space activities and uses per Section 17.59.020 (4).
3. Commercial Uses
a. Shared food and retail facilities, such as food halls. b. Cafés, tea shops, and restaurants (without serving alcohol). c. Small neighborhood markets (less than 5,000 square feet). d. Florists and plant shops.
e. Interior decorating services (without warehousing of products). f. Professional, administrative, and non-medical office uses.
4. Community Spaces and Areas
a. Community spaces and areas including plazas, open spaces, co-working spaces, and recreation areas.
b. Community spaces and areas within live/work buildings.
5. Uses permitted subject to a Conditional Use Permit (Chapter 17.62) The establishment of the following conditionally permitted uses shall require approval of a Conditional Use Permit pursuant to Chapter 17.62 as part of a mixed-use development project, in addition to the Site Plan Review approval required pursuant to this Chapter and Chapter
17.64:
a. Craft brewery and winery with on-site tasting and sales. b. Personal training, gym and fitness centers, gymnastic schools, and health clubs (less than 5,000 square feet).
c. Religious and public assembly.
d. Catering services.
5 e. Research and development (R and D), and manufacturing of biotech, pharmaceutical, and nutritional supplements. Incidental retail of the on-site manufactured product is allowed.
The floor area for incidental retail spaces shall not exceed 10% of the gross floor area of the R and D and manufacturing use.
B. If a mixed use development project is located within a Commercial or Administrative/Professional Zone and proposes to develop with a mix of residential and non-residential uses within the same project area, as set forth in Section 17.59.060, the following uses are permitted:
1. Residential Uses
a. Single-family attached, duplexes, triplexes, or four-plexes. b. Multi-family dwellings such as townhouses, stacked flats, apartments, condominiums, and similar housing types.
c. Accessory Dwelling Units and Junior Accessory Dwelling Units, subject to the provisions of Chapter 17.69.
d. Live-work units. The living (dwelling) space shall occupy a minimum of 80% of the total gross floor area of the unit, while the workspace shall occupy a minimum of 500 square feet. The workspace area within the live-work unit is prohibited from converting the space into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses;
ii. Studios (art, photography, copywriter, video production, podcasting); iii. Arts and craft studios, including sales and galleries; iv. Tutoring services such as music, math, and other academic subjects with a maximum of two students attending the tutoring service at any one time; and v. Home-based cottage food business.
e. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).
2. Commercial uses.
a. All permitted uses under C-P Commercial Zone (Commercial, Administrative and Professional, Office Zone) Chapter 17.34 and C-2 Commercial zone (Neighborhood Shopping Center) Chapter 17.38 are permitted as part of a mixed-use development project.
3. Conditionally permitted uses.
a. The conditionally permitted uses identified in Sections 17.34.030 and 17.38.030 shall be allowed with the approval of a Conditional Use Permit pursuant to Chapter 17.62 as part of a mixed-use development project, in addition to the Site Plan Review approval required pursuant to this Chapter and Chapter 17.64.
Section 17.59.040 Accessory Uses
The following accessory uses are permitted within a mixed-use project:
1. Parking lots associated with a mixed-use project.
2. Electric vehicle charging stations.
6 3. Public and private recreation facilities.
4. Mechanical utility equipment (Refer to screening requirements in Section 17.59.060 B10 and B12).
5. Dog parks.
6. Smart electronic lockers system, self-service package lockers system, or package lockers system kiosks.
Section 17.59.050 Uses not listed
The Director of Community Development (Director) may determine that a proposed use not listed in Section 17.59.030 may be allowed, subject to the following use findings:
A. The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the underlying zoning classification and this Chapter. The proposed use will not involve a higher activity or population density level than the uses listed in the underlying zoning classification and this Chapter.
B. The proposed use will meet the purpose or intent of the underlying zoning classification and this Chapter as applied to the site.
C. The proposed use will be consistent with the goals and visions of this Chapter and the General Plan and any applicable Specific Plan.
Section 17.59.060 Property Development Standards and Special Development Regulations The following property development standards and special development regulations shall apply to any project developed pursuant to this Chapter.
A. Development Standards
1. Minimum Project Area Size
20,000 square feet
2. Density and Intensity
a. Residential Density
i. Less than 1.0 Acre: A minimum of 14.0 and a maximum of 22.0 dwelling units per net acre
ii. 1.00 Acre or greater: A minimum of 22.0 and a maximum of 40.0 dwelling units per net acre
b. Non-Residential Floor Area Ratio
i. Less than 1.0 Acre: 1.0 FAR (excluding any residential areas) ii. 1.00 Acre or greater: 1.25 FAR (excluding any residential areas) c. Mixed-use projects may develop under the maximum FAR for non-residential development and maximum density for residential development within the same project area provided all standards in this section, and other applicable sections in the CMC Title
7 17 are met. Notwithstanding the foregoing, a mixed-use project must dedicate at least 25% of the total gross floor area to non-residential use.
3. Lot Coverage, Building Setbacks, Building Heights, and Step-Back Standards for Horizontal and Vertical Mixed Uses – Table17.59.060-A3 :
a. For Residential Uses. Except as established in this Section, all other regulations and standards of the RD Residential Zone (Multi-Family) shall apply. b. For Commercial Uses. Except as established in this Section, all other regulations and standards of the underlying zone, either C-P or C-2, shall apply. c. For Industrial Uses. Except as established in this Section, all other regulations and standards of the underlying M-1 zone shall apply.
d. The following Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements shall apply:
Table 17.59.060-A3
Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements Standards Horizontal Mixed Use (1) Vertical
Mixed Use
(1)
Residential Commercial Industrial
Lot Coverage (Maximum) 45% 60% 60% 60%
Building Setbacks (feet) from Property
Lines
Front setback 15 10 10 10
Street side setback 10 10 10 10
Alley setback 5 5 5 5
Interior side setback, adjacent to singlefamily residential zones10 10 10 10 Interior side setback, adjacent to multifamily zones10 10 10 10 Interior side setback, adjacent to nonresidential zones10 5 5 5 Rear setback, adjacent to single-family
residential zones
15 15 15 15
Rear setback, adjacent to multi-family
zones
10 10 10 10
Rear setback, adjacent to non-residential
zones
10 10 10 10
Accessory Structures (feet) within Front
Yard
15 10 10 10
Accessory Structures (feet) from Rear,
Street Side, and Interior Side Property
Line
Detached garages or carports, other
detached accessory structures such as trash
enclosure areas, covered patio, etc.
5 5 5 5
Building Height (feet)
8 Maximum building height 50 50 50 50
Building Step-back (feet) from Property
Line
Third story and above: step-back from
street side and interior side when adjacent
to single-family residential zones
15 15 15 15
Third story and above: step-back from rear
when adjacent to single-family residential
zones
20 20 20 20
Notes:
(1) See definitions of the Horizontal Mixed-use, and Vertical Mixed-use.
4. Minimum Separation Between Buildings Within Project Site Area for Residential, NonResidential or Mixed-use Buildings, Pursuant to Table 17.59.060-A4 below:
Table 17.59.060-A4
Minimum Separation Between Buildings Within Project Site Residential, Non-Residential, or
Mixed-use Buildings
1- Or 2-Story
(distance in feet)
3-Story
(distance in feet)
4-Story or More
(distance in feet)
Residential buildings adjacent to
commercial, industrial or mixed-use
buildings
20 20 20
Building side to building side 10 15 15
Building front to building front 15 20 25
Building rear to building rear 10 15 15
Building side to drive aisle curb 5 10 15
Garage, carports or accessory
structures to habitable buildings
10 10 10
Other 10 10 10
B. Special Development Regulations
1. A licensed Architect, Landscape Architect and/or Civil Engineer shall prepare the development plans for any mixed-use project.
2. Ground Floor Height. The minimum ground floor height of all non-residential spaces within vertical mixed-use projects shall be 15 feet. The ground floor height shall be measured from the first story’s finished floor to the second story’s floor. Plans must demonstrate that the floor space will accommodate equipment and ventilation for the non-residential tenant use.
3. Grease Interceptors and Vertical Mechanical Vents. All commercial spaces shall provide grease interceptors and vertical mechanical chases for venting. The grease interceptor(s) shall be underground and "stubbed in" the infrastructure. Residential units above commercial spaces shall be constructed with mechanical shafts to the roof. The development plans must show the location(s) of grease interceptors and the vertical mechanical chase.
4. Sound and Vibration Insulation. Provide sound and vibration insulation between floors for vertical mixed-use projects to ensure that noise levels do not exceed 60 decibels between 7:00 AM and 10:00 PM; and 45 decibels between 10:00 PM and 7:00 AM. An acoustical study shall determine the sound and vibration attenuation measures for reducing noise from the ground floor tenant(s).
9 5. Access, Circulation and Mobility. The design of access and circulation improvements must accommodate multiple users with different abilities and transportation mode preferences such as driving, biking, walking, ride share, and taking transit. Use shared driveway access to serve more than one property. Each driveway access shall be aligned with the driveway across the street or at a median opening. If alignment is not possible, driveways access shall be offset a minimum of 150 feet from those on the opposite side of the street. Design must not create vehicle and pedestrian conflicts.
6. Pedestrian Orientations, Connections, and Amenities. Provide clear delineation of pedestrian walkways or bike trails with decorative pavement materials, landscaping, and lighting for safety. Incorporate a minimum of 5 pedestrian amenities, including but not limited to decorative pavement, trellises and arbor features, site furniture, shade structures, wider sidewalks, curb extensions, parklets, benches, and canopy-shaped evergreen shade trees.
Decorative pavement materials shall be either heavy broom finished integral color concrete, acid finished natural concrete or brick pavers, or a combination of the mentioned materials.
7. Fences and Walls. The maximum fence and wall height shall be 6 feet. Within front yard area, the maximum fence and wall height shall be 3 feet and shall be of open fence design with wrought iron and decorative pilasters. Fences and walls shall use the same materials, finished textures, and colors as the primary buildings and structures in the project. Fences and walls shall incorporate at least 2 of the following features: a minimum of 2-foot change in plane for at least every 25 lineal feet; use of pilaster at 50 lineal feet intervals; use block with stucco, or split face block, or slump block; or pilaster with wrought iron.
8. Off-Street Parking. Parking standards for residential and non-residential uses shall follow the parking requirements set forth in Chapter 17.72. Parking incentives are as follows:
a. The first 1,000 square feet of commercial or non-residential floor area is exempt from parking requirements.
b. Two-car tandem parking shall be allowed to meet the residential parking requirements. c. For horizontal mixed-use development, the residential project is allowed to share the nonresidential parking spaces as residential guest parking spaces up to a maximum of 50% of the total required residential guest parking. Pedestrian pathways with direct and safe route to the shared parking spaces from the residential project to the non-residential project shall be provided.
d. For vertical mixed-use project, required parking spaces can be reduced by 10% if the mixed-use project includes all of the following features: a minimum of 2 parking spaces
10 designated for pick-up and drop-off spots for ride-hailing services, at least 1 loading space (14-foot width by 25-foot length) for parcel delivery services, and at least 1 smart electronic lockers system, and at least three 4-space bike racks.
9. Signs. Signage can be of varying shapes, types, styles, and color combinations. Canister and box signs are prohibited. A Sign Program shall be required to describe sign types, locations, sizes, colors, materials, and text and lettering for each building and use. A Sign Program shall be approved prior to issuance of building permit.
10. Screening of Equipment, Refuse Storage, and Loading Areas. Roof-mounted equipment shall be totally screened by parapet walls. Ground-mounted equipment, wall-mounted equipment, refuse collection areas, and loading areas shall be hidden from public view. Screening design, including colors, materials, and finishes, shall be the same as the architecture and design of the primary building(s).
11. Lighting. Exterior building lighting provides visibility and safety by illuminating sidewalks, pedestrian paths, and plazas. The light fixtures shall match the architectural style of the primary buildings. The maximum height of light poles from the finished surface to the top of the light fixture shall be 20 feet. Energy-efficient LED lights with shields shall be installed. The light illumination shall not exceed 1 footcandle at the property line. Applicant shall submit a photometric plan/diagram prepared by an licensed engineer to demonstrate compliance with the standard of 1 footcandle at the property line.
12. Placement of Utilities, Meters, and Transformers. All utility, meter, and transformer equipment shall be hidden from public view and must be shown on the site plan. All ground-mounted equipment including but not limited to transformers, and AC units must be totally screened by a decorative screen wall, landscaping, or a combination. Wall-mounted equipment shall match the building architectural style in terms of colors and materials.
13. Roof access shall be within the building. Any proposed exterior ladder for roof access must be hidden from public view and integrated into the design of the building.
14. Common Open Spaces. Horizontal and vertical mixed-use developments are required to provide common open spaces at a minimum of 5% of the total project site area. Setback areas shall not be used to satisfy common open space requirements. Common open space shall have 60% landscaping improvements. Common open spaces must provide at least 3 different types of following list of common open space:
a. Outdoor plazas. Outdoor plazas shall incorporate all of the following amenities: drinking fountains, water features, trash cans, accent lighting, and other similar enhancements that encourage public use and social gathering. Outdoor plazas for vertical mixed use projects shall be cited at locations with a visual connection with the public realm. b. Rooftop gardens.
c. Passive open space areas.
d. Community gardens.
e. Recreation centers.
f. Courtyards.
15. Incentive for Public Art. The installation of one piece of public art within an outdoor plaza is allowed a 1% reduction of the required common open space, which reduces the percentage of the common open space from 5% to 4% of total project site area. Public art may be in the form of a stand-alone sculpture or statue, or integrated into the building façade, or applied to a surface such as a mural, and shall be maintained for the life of the project. Public Art must be
11 3-dimensional and monumental in scale. “Monumental in scale” means that at least one dimension is 5 feet or larger.
16. Residential Private Open Spaces. Residential units require 100 square feet of private open space per unit. Private open space may include balconies, ground-level patios, or a combination of both.
17. Permitted Height Projections Above Limit for Vertical Mixed-Use Developments as follows:
a. A maximum of 10 feet of vertical height projections above the otherwise applicable building height limit is allowed for decorative features including spires, cupolas, or rooftop open space features (including sundecks, trellises and landscaping). Such decorative features may cover a maximum of 20% of the roof area. The decorative features must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.
b. A maximum of 16 feet of vertical height projections above the otherwise applicable building height limit is allowed for elevators and stair towers. Elevators and stair towers may cover a maximum of 10% of the roof area. The elevator and stair tower must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.
Section 17.59.070 Statement of Intent for the Objective Design and Architectural Standards A. Promote diversity of uses. Increase the diversity and range of uses and activities, such as housing, retail, services, offices, and civic and community facilities. The diversity of uses will attract activities at different times of the day and at appropriate locations. It strengthens the connection between people and places and promotes better urban design.
B. Integrate with existing neighborhoods. Minimize potential negative impacts on neighboring properties by transitioning the size, scale, and character of the mixed-use development with adjacent uses and neighborhoods.
C. Promote pedestrian orientation. Incorporate a pedestrian-friendly site design with direct walking and bicycling connections within the site and to surrounding areas. The design shall provide pedestrian-oriented architecture, well-defined street edges, active ground floors, and attractive building details.
D. Provide flexible transportation and parking approaches. Consider reducing parking requirements if a mixed-use development meets or provides the following measures: adjacent to local or regional transit lines or routes within a one-half mile; provide creative solutions such as shared parking, carsharing, and electric vehicle charges; and provide Transportation Demand Measures (TDM) to reduce vehicle miles traveled (VMT).
E. Promote attractive design and create a focal point for the community. Mixed-use developments are typically located at higher-profile locations and along major arterial and secondary roads. This serves as a community focal point for the neighborhood(s). Features shall provide easy access by foot; provide transit, bicycle, gateway, or landmark elements; and incorporate inviting gathering places that allow community activities.
F. Promote environmental sustainability. Incorporate green building techniques and infrastructure in building design for the efficient use of energy, water, construction materials, and waste reduction.
Section 17.59.080 Objective Design and Architectural Standards
12 Mixed-use developments subject to this Chapter are required to comply with the required threshold of the objective design and architectural standards listed under Table 17.59.080.
Table 17.59.080
Table of Objective Design and Architectural Standards
Objective Design and Architectural Standards Included
(Yes/No/NA)
I. Integrate with existing neighborhoods – must comply with all standards in this subsection I to meet threshold
1 Front porches and individual entries shall face the street or common open space. a. All ground-level units shall include an individual entry, porch, patio or terrace. b. A minimum of 50% of the upper-story units shall include a balcony or terrace.
II. Site Planning and Parking – must comply with 3 of 5 standards of this subsection II to meet threshold
1 Parking areas shall be located in the rear or interior of the lot/parcel or shall be screened from public right-of-way with landscaping and hedgerows (5-gallon size evergreen shrubs planted at 4 feet on center).
2 Loading areas shall be hidden from the street.
3 Vertical mixed-use buildings with 3 stories or more shall provide a minimum of 20 feet distance buffering from any property line adjacent to property zoned as a singlefamily residential zone. Landscaping, drive aisle, parking, or a combination of any of these features may encroach within the 20-foot distance buffering. 4 Parking areas shall include at least two of the following shade elements such as trees, vine covered trellises, and overhead solar panels.
5 For residential projects, a cluster or a row of units shall have a lateral shift or a complete break of at least 3 feet after every 3 units to avoid one continuous monotonous building setback.
III. Architectural Standards – must comply with 7 of 10 standards of this subsection III to meet threshold
1 Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a 3-foot recess or pop-out architectural feature.
2 Incorporate into building facades human-scale detailing such as reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns, etc. Building design must incorporate at least a minimum of 4 mentioned detailing. 3 Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of 4 feet; a change in roof pitch; a change in roof form with respect to the direction of slopes; or the inclusion of dormers, towers, or parapets.
4 Provide non-habitable front porches and/or patios, which may project into the front yard setback by 5 feet for residential uses. Area of the front porch shall be a minimum of 45 square feet.
5 For non-residential use, building design shall include all of the following required architectural elements: awnings, towers, covered arcades, or porticos.
13 6 Locate all entries and entryways to be directly visible and accessible from the public sidewalk. Corner buildings shall have corner entries.
7 For non-residential or mixed use buildings, incorporate at least 3 building materials to add color, texture, variation, and interest. Acceptable building materials are stucco, tiles, concrete, stones or brick veneer, steel, or glass. 8 For residential buildings, incorporate at least 3 building materials to add color, texture variation, and interest. Acceptable building materials are stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
9 Employ accent materials such as tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims, etc., to add color, textures, and visual interest. Must incorporate at least 3 accent materials. 10 Buildings that are 3 stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap.
Each of these elements shall be distinguished from one another through the use of the techniques listed in 10a, 10b, and 10c:
a. Variation in building modulation for a minimum of 70% of the length of the façade through changes in wall planes that protrude or recess with a minimum dimension of 3 feet.
b. Variation in façade materials through the use of at least 2 of the following: size, texture, pattern, or color.
c. Variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of 3 feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15%.
IV. Project Landscape and Hardscape – must comply with all standards of subsection IV to meet the threshold
1 Landscaping design and density shall incorporate the following features and requirements:
a 1 tree per 30 lineal feet of building perimeter and project boundaries. b 15-gallon minimum for tree size; 30% of the total trees at 24-inch box-size trees; 5- gallon size shrubs; and ground cover at 12 inches on center c Provide a mix of 35% evergreen trees, 35% deciduous trees and 30% flowering accent trees.
d Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
e Provide evergreen and canopy shape trees for parking areas. Plant parking lot trees at a rate of 1 tree per 7 parking spaces and provide shade for over 50% of the parking area within 15 years (CAL Green Code).
f Use drought-tolerant planting and water-efficient irrigation. 2 Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.
V. Project Amenities – must comply with 2 of 5 standards of subsection V to meet the threshold
1 Incorporate one piece of public art within the outdoor plaza area. 2 Provide at least 1 innovative community feature including, but not limited to, a dog park for the project, outdoor dining and gathering areas, or at least one 1 or more secured parcel and package locker areas or other similar community features. 3 All buildings are Energy Star Certified.
14 4 Commercial use: Incorporate rooftop decks for restaurants, which will be counted towards the required common open space for total project site area. 5 Residential use or vertical mixed-use buildings: Incorporate a minimum of 500 square feet of interior community and shared co-workspace with office equipment and highspeed WIFI.
Section 17.59.090 Submittal Requirements and Applications Submittal of new construction, additions, renovations, and alterations of existing structures and site area shall comply with the requirements described in Chapter 17.64 (Site Plan Review) and any other requirements as deemed necessary by the Director. All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, etc., shall be prepared by licensed architects and engineers. The Applicant shall be responsible to submit written materials demonstrating that the proposed project is in conformance with all Property Development Standards and Special Development Regulations (Section
17.59.060) and Objective Design and Architectural Standards (Section 17.59.080) of this Chapter and in the format or checklist as prescribed or issued by the Director.
Section 17.59.100 Review Process, Approval Authority, and Appeal Procedures A. Mixed-use projects that meet the requirements of this Chapter shall be reviewed in accordance with the Site Plan Review process in Chapter 17.64. If there is a conflict between the provisions of Chapter
17.64 and this Chapter, this Chapter shall prevail.
B. Applicant's Responsibility. The applicant shall prepare and submit plans, materials, studies, and reports according to the City's submittal checklists. All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, etc., shall be prepared by licensed architects and engineers. The Applicant shall be responsible to submit written materials demonstrating that the proposed project is in conformance with all Property Development Standards and Special Development Regulations (Section 17.59.060 and Objective Design and Architectural Standards (Section 17.59.080) of this Chapter and in the format or checklist as prescribed or issued by the Director.
C. Planning Commission’s Authority. Pursuant to Section 17.64.050, the Planning Commission shall have the authority to approve, approve with conditions, or deny a project application under the MUOD.
D. Appeal Process and Procedures
1. All decisions of the Planning Commission shall be final unless appealed to the City Council.
An appeal shall be filed with the City Clerk within 10 calendar days after the decision by the Planning Commission. The City Council may affirm, reverse, or modify the Planning Commission’s decision. The decision of the City Council on such appeal shall be final.
2. All appeals shall be made in writing and filed during regular business hours at the designated location with the City Clerk. The appeal shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the Planning Commission’s action should be modified or reversed. All appeals are subject to public hearings.
3. A deposit or fee required by the City Council resolution or ordinance shall accompany the appeal request.
15 Chapter 17.31
AFFORDABLE HOUSING AND MIXED USE OVERLAY DISTRICT (AHMUOD) Sections:
Section 17.31.010 Intent, Purpose, and Applicability
Section 17.31.020 Definitions
Section 17.31.030 Mixed Use Projects
Section 17.31.040 Stand-Alone Residential Projects
Section 17.31.050 By-Right Approval Process for Projects with Twenty Percent Lower Income Housing Section 17.31.010 Intent, Purpose, and Applicability
A. The purpose of this Affordable Housing and Mixed Use Overlay District (AHMUOD) is to encourage the development of housing, and especially affordable housing, as a means of meeting the City’s obligations under state law to provide opportunities for housing developments in accordance with the Regional Housing Needs Assessment (RHNA) and the City’s RHNA allocation.
B. The AHMUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The AHMUOD provides the City with the necessary regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments or 100% residential projects that benefit the City and future applicants. Applicants can choose to comply with either: (1) the development and design standards and requirements established with the underlying zoning classification per the existing Zoning Code; or (2) the development and design standards and requirements described in this Chapter.
C. Property classified with the AHMUOD shall be identified on the City’s Official Zoning Map by both the underlying zone and the AHMUOD by listing the (AHMUOD) classification with parenthesis after the underlying zoning classification.
Section 17.31.020 Definitions
A. Lower Income Households. The term “Lower Income Households” shall have the same meaning as that term is defined in Health and Safety Code Section 50079.5.
B. Total Units. The term “total units” shall have the same meaning as that term is defined in Government Code Section 65915.
Section 17.31.030 Mixed Use Projects
A. Mixed-use projects developed pursuant to this AHMUOD shall comply with all provisions of Sections 17.59.030 through 17.59.080 inclusive, except that projects seeking approval under this Chapter 17.31 shall include at least 50% of the total gross floor area of the project for residential use and the minimum density standard for a site less than 1.0 acre identified in Section 17.59.060.A.2.a.i shall be 20 units per acre.
B. Mixed-use projects seeking approval under this Chapter shall proceed through the approval process outlined in Section 17.59.100, unless the proposed project includes at least 20% of the total units as affordable for Lower Income Households in which case the approval process in Section 17.31.050 applies.
Section 17.31.040 Stand-Alone Residential Projects
16 A. Any property designated with AHMUOD may develop a stand-alone (100%) residential development, subject to the following requirements.
1. The residential density shall be:
a. Less than 1.0 Acre: A minimum of 20.0 and a maximum of 22.0 dwelling units per net acre b. 1.00 Acre or greater: A minimum of 22.0 and a maximum of 40.0 dwelling units per net acre
2. Except as required in this Section, all regulations and standards of the RD Residential Zone (Multi-Family) pursuant to Chapter 17.28 and the adopted Multi-family Objective Design Standards pursuant to Ordinance 21-09 shall apply. In the case of a conflict, the standards included in this Section shall control.
3. The project shall comply with all of the following objective design and architectural standards:
a. Porches, Entries, Balconies, Patios, and Terraces.
i. Front porches and individual entries shall face the street or common open space. ii. All ground-level units shall include an individual entry, porch, patio, or terrace. iii. A minimum of 50% of the upper-story units shall include a balcony or terrace. b. Site Planning and Parking.
i. Any surface parking areas shall include at least two of the following shade elements:
trees, vine covered trellises, and overhead solar panels. ii. A cluster or a row of units shall have a lateral shift or a complete break of at least 3 feet every 3 units to avoid one continuous monotonous building setback. c. Architectural Standards.
i. Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a 3-foot recess or pop-out architectural feature.
ii. Incorporate into building facades at least 4 of the following human-scale detailing features: reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns. iii. Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of 4 feet; a change in roof pitch; a change in roof form with respect to in the direction of slopes, or the inclusion of dormers, towers, or parapets.
iv. Provide non-habitable front porches and/or patios, which may project into the front yard setback by 5 feet. Area of the front porch shall be a minimum of 45 square feet. v. Incorporate at least 3 of the following building materials into each building: stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
vi. Employ at least 3 of the following accent materials/features into each building: tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims.
vii. Buildings that are 3 stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap.
Each of these elements shall be distinguished from one another through the use of the all of these techniques: variation in building modulation for a minimum of 70% of the length of the façade through changes in wall planes that protrude or recess with a minimum dimension of 3 feet; variation in façade materials through the use of at least 2 of the following: size, texture, pattern, or color; and, variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum
17 depth of 3 feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15%.
d. Landscaping design and density shall incorporate the following features and requirements:
i. 1 tree per 30 lineal feet of building perimeter and project boundaries. ii. 15-gallon minimum for tree size; 30% of the total trees at 24-inch box-size trees; 5- gallon size shrubs; and ground cover at 12 inches on center iii. Provide a mix of 35% evergreen trees, 35% deciduous trees and 30% flowering accent trees.
iv. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
v. Provide evergreen and canopy shape trees for parking areas. Plant parking lot trees at a rate of 1 tree per 7 parking spaces and provide shade for over 50% of the parking area within 15 years (CAL Green Code).
vi. Use drought-tolerant planting and water-efficient irrigation. vii. Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.
B. The proposed project shall reserve at least 10% of the total units in the project as affordable housing for Lower Income Households. Affordable units shall be constructed concurrently with or prior to the construction of market-rate units.
C. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
D. All affordable housing units, rental or for-sale must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a building permit.
E. Nothing in this section shall be construed as replacing Government Code Section 65915 or Section
17.33.020.
F. Stand-alone residential projects seeking approval under this Chapter shall proceed through the approval process outlined in Section 17.59.100 unless the proposed project includes at least 20% of the total units as affordable for Lower Income Households in which case the approval process in Section 17.31.050 applies.
Section 17.31.050 By-Right Approval Process for AHMUOD Projects with Twenty Percent Lower Income Housing
A. Ministerial Review (By-Right) and Approval Process. Eligible housing projects, including mixeduse housing projects, that contain 20% of the total units for Lower Income Households shall be approved ministerially by the Director. All applications for streamlined ministerial review process shall be accompanied by materials as required by the Director to verify compliance with the requirements of this section. For mixed-use projects, the project shall comply with all requirements in Section 17.59.030 through 17.59.080. For stand-alone residential projects, the project shall comply with all requirements in Section 17.31.040 except subdivision “B.” B. Affordable housing units shall be constructed concurrently with, or prior to, the market-rate units.
The units shall be made available at an affordable housing cost in accordance with Government Code
18 Section 65915, including but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
C. All affordable housing units, rental or for-sale must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a building permit.
D. Nothing in this section shall be construed as replacing Government Code Section 65915 or Section
17.33.020.
E. Tribal Cultural Resources. Projects eligible for ministerial approval pursuant to this section are exempt from the California Environmental Quality Act, but must comply with the requirements of California Native American Tribal Consultation in Government Code Sections 65913.4(b)(1) through 65913.4(b)(8), as those sections may be amended from time to time.
1. Upon receipt of an application, City staff shall engage in a scoping consultation regarding the project with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the City, within 30 calendars days of receiving the application.
2. If, after concluding the scoping consultation. the City determines there is no impact to tribal cultural resources, the project will follow a ministerial review and approval process. If, after concluding the scoping consultation, the City determines there is potential impact to a tribal cultural resource, the developer shall enter into an enforceable agreement between the California Native American Tribe(s) and developer on methods, measures, and conditions for tribal cultural resource treatment,. The City shall not approve the project until the applicant has submitted fully executed agreement(s) with all California Native American tribes who tribal cultural resources may be impacted by the project.
F. Projects developed pursuant to the process provided by this Section shall comply with all of the following:
1. The project is required to annex into Community Facilities District 2007-01 (the "CFD") for the purpose of financing the Project's proportionate share of the cost for police response, fire and emergency medical response, and park services. The applicant shall petition the City to annex to the City’s existing CFD under the California Mello-Roos Community Facilities Act (Government Code, Section 53311 et seq.) (the Act"). The applicant agrees to cooperate and not to oppose annexation to the CFD for purposes set forth above. This annexation shall be completed prior to issuance of building permits
2. The project shall be annexed into the existing Landscape District and Lighting District, which shall be completed prior to issuance of building permits.
3. The project shall pay Development Impact Fees pursuant to Resolution 05-6475, prior to the release of the first dwelling unit for the project.
4. If the project includes a subdivision, the project shall be subject to Park (Quimby) Impact fees to the City for public parkland in accordance with Chapter 16.28 (Park Dedication and In-Lieu Fee Regulations).
5. The project shall comply with Los Angeles County Fire Department Codes and Regulations.
19 6. The project shall comply with the latest adopted California Building Code and Standards, and must comply with applicable Federal and State Accessibility requirements to and throughout the buildings, including compliance methods and structural details on the plans. a. Demolition activities require an asbestos containing materials (ACM) survey. (SCAQMD RULE 1403). The ACM report shall be prepared by an accredited testing laboratory in accordance with applicable SCAQMD rules and regulations. Proof of notification to the South Coast Air Quality Management District (SCAQMD), Office of Operations, shall be submitted to the Building Division with the relevant permit application for all demolition activities. Contact the SCAQMD at the address or number below for more information. Once any demolition activity has adhered to the applicable notification requirements to the SCAQMD, a formal demolition plan and permit must be obtained from the Building and Safety Division. SCAQMD Headquarters; 21865 Copley Drive, Diamond Bar, CA, (909) 396-2381
7. The project shall comply with the street improvements requirements pursuant to Chapter 17.64 Site Plan Review, Section 17.64.130.
a. The applicant shall provide a preliminary grading and drainage plan for the proposed development.
b. The applicant shall provide a Traffic Impact/VMT (Vehicle Miles Travel) Analysis for the development.
c. The applicant shall provide a Sewer Impact Analysis for the development. d. The applicant shall provide a preliminary Hydrology/LID analysis for the development. e. The applicant shall provide a Soils and Geologic Report.
8. The project shall comply with Public Works-Environmental Services requirements:
a. If the project redevelops an area greater than 5,000 square feet, storm water capture shall be required. A Low Impact Development (LID) Plan shall be required, and must be approved by the City prior to the issuance of a grading permit. The LID Plan will be reviewed by the City’s storm water consultant, John L. Hunter & Associates. A LID review fee of $2,000 will apply.
b. SWPPP – If the project disturbs over 1 acre, and requires a Storm Water Pollution Prevention Plan (SWPPP), the SWPPP must be uploaded to SMARTS and a WDID provided to the City prior to the approval of the LID Plan.
c. Trash Collection – Each trash room must be able to accommodate a separate 65-gallon barrel for the collection of organic waste (food scraps and landscape waste), per State law. d. Construction and Demolition – 75% of construction and demolition debris must be recycled, per City Ordinance No. 18-03. Forms and a security deposit will be required.
9. The project shall pay the applicable SB 50 development impact fees to the School District prior to issuance of the first building permit for production units.
10. The project shall comply with the Covina Police Department requirements:
a. Parking lot light fixtures and wall mounted light fixtures shall be of LED. Detailed plans to show compliance shall be submitted to Police Department and Planning Division for review and approval, prior to issuance of permit and prior to installation. The condition of approval shall be accomplished on or before opening.
b. Wayfinding signage shall be provided and submitted to Police Department and Planning Division for review and approval. Wayfinding signage shall have lighting as well. The condition of approval shall be accomplished on or before opening. c. Signage stating vehicle code is enforceable must be posted at all entrances so that guests/visitors are aware of what will be enforced on the property. Police Department to review signage. The condition of approval shall be accomplished on or before opening.
20 d. All landscaping should follow the two foot six foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be at six feet. This increases natural surveillance and eliminates hiding areas within landscaping. Tree canopies should not interfere with or block the lighting along sidewalks or parking lots. This creates shadows and areas of concealment. Planters will use plant species with limited growth. This is to insure that maintenance does not become an issue and surveillance from the building is maintained.
e. The owners, operators, or managers must comply with all City codes and ordinances relating to police response and abatement nuisance conditions.
f. Rolling driveway gates, and any pedestrian gate, shall have a keypad installed with current access code provided to Police Dispatch at (626) 384-5808. g. The owners, operators, or managers shall, subject to approval of the Police Department, develop a plan to monitor the area surrounding the location for trash and other discarded items that impact public health and to maintain the cleanliness of the parking lots, sidewalks, and the property of adjacent business owners.
h. The permittee and the operator of any business at the premises shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the premises as approved by the Chief of Police. The video security system shall be on and operating at all times by common areas, entrances and exits, and parking areas. The video security system shall be of such to provide images of such a resolution as to clearly identify individuals for later identification. Security systems could deter and prevent public nuisances.
Installation and approval shall occur prior to the release of the occupancy or approval of business license.
i. The permittee and the operator of any business at the premises shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina Police Department copies of video recordings immediately upon request.
j. The permittee and the operator of any business at the premises shall preserve the video security system’s recorded information of each business day for a period of not less than ten (10) business days thereafter for the Covina Police Department’s review in connection with a criminal or other investigation.
G. No Hearing Required. No public hearing shall be required prior to a decision to approve or deny an application complying with this section.
H. Expiration of Approvals. An approval pursuant to this Chapter shall expire within three years.
I. Amendments. An applicant may request an amendment to an approved AHMUOD project. The Director may approve such an amendment if the applicant demonstrates the continued conformance of the amended project with the eligibility requirements and development standards in this Chapter.
ORDINANCE 22-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONE CHANGE (ZCH) 22-03, AND
AMENDING THE CITY’S OFFICIAL ZONING MAP BY ADDING
(MUOD) TO 85 PARCELS AND (AHMUOD) TO 63 PARCELS AND THE
LIST OF ASSESSORS PARCEL NUMBERS ARE ATTACHED HERETO
AS EXHIBIT A, AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD), and to rezone selected sites for accommodating potential new housing development. The MUOD and AHMUOD together with the rezoning of selected sites will encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunities for housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, in accordance with CEQA, the City of Covina has completed an Initial Study to determine whether the Project (ZCA 22-03 and ZCH 22-03) may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council. Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code; and
WHEREAS, the MND identifies that the proposed project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND,
Ordinance 22-13 Page 2 of 4
the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released for a 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zone Change (ZCH) 22-03. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a 5-0-0 vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zone Change (ZCH) 22-03; and WHEREAS, on October 18, 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) 22-03 and 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 (ZCH) 22-03. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zone Change (ZCH) 22-03, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zone Change (ZCH) 22-03 would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the Zone Change (ZCH) 22-03 would be reduced below a level of significance in the following categories: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. The City Council has reviewed the administrative record concerning the proposed ZCH 22-03 and the proposed CEQA determination, and based on its own independent judgement, adopt the Mitigated Negative Declaration and the Mitigation Measures and Monitoring Program.
SECTION 3. Findings for ZCH 22-03. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby finds that the proposed Zone Change (ZCH) 22-003 is consistent with the Land Use Plan and the
Ordinance 22-13 Page 3 of 4
Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-03, amending the City’s Official Zoning Map to add MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City. The total acreage of parcels for the proposed MUOD and AHMUOD zone change is approximately 75.29 acres and the list of Assessor’s Parcel Numbers, as set forth in Exhibit “A”; and, incorporated herein by this reference as though set forth in full. 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 Zone Change (ZCH) 22-03.
SECTION 5. 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.
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. 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.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-13 Page 4 of 4
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 22-13 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 22-13 Exhibit A
EXHIBIT A
ZONE CHANGE (ZCH) 22-03
LIST OF ASSESSORS PARCEL MAP NUMBERS FOR MIXED-USE
OVERLY DISTRICT (MUOD) AND AFFORDABLE HOSING MIXED-USE
OVERLAY DISTRICT (AHMUOD),
AND ZONE CHANGE MAP
F ST
C ST PARK AVE
H ST G ST
A ST
N LINDA TER
S FARBER AVE
W ORANGE ST
W GENEVA PL GLENTANA ST
S KENDALL WY
S STEWART DR
MARILYN WY
S 5TH AVE
DOVER RD
PERSHING CT
S SAN ANTONIO DR
RANGER DR
N TRAYMORE AVE
S MIDSITE AVE
CUTTER WY
MC GILL ST
N SHADYGLEN DR
DAWN RIDGE WY
CAMELLIA DR
S PROSPERO DR
S EDENFIELD AVE
W GROVERDALE ST
W GRISWOLD RD
E LOMA VISTA ST N FAIRVALE AVE
W DEVANAH ST
W BRIDGER ST
LEAF AVE
HOMEREST AVE
S HOUSER DR
S EASTBURY AVE
MONTE VISTA AVE
W COLLEGE ST
E WORKMAN LN
S 3RD AVE
CONWELL AVE
S 4TH AVE
W GLENTANA ST
W GREENHAVEN ST
ORLANDO WY
VIRGINIA AVE
ORANGEWOOD DR
E KELBY ST
W PUENTE ST
E CENTER ST
W NUBIA ST
MASLINE ST
W INDUSTRIAL PARK ST
N HOUSER DR
REED ST
SAN JOSE AVE
N 3RD AVE
W TUDOR ST
N PARK AVE
W DEXTER ST
VALENCIA PL
W PUENTE AVE
S FENIMORE AVE
S SAN JOSE AVE
E ARROW HWY
W GROVECENTER ST
E SCHOOL ST
E FRONT ST
W CENTER ST
ARROW GRAND CIR
W WORKMAN AVE
S HOLLENBECK AVE
S BARANCA AVE
SOUTHERN PACIFIC RR
E QUEENSIDE DR
PALLAND LN
COLLEGE WY
PADUA DR
CALVIN ST
S MIDHURST DR
W BOBBIE ST
LARKIN DR
W REDWOOD CT
COMMERCIAL AVE
E KENOAK DR
N CURTIS AVE
E LEVEL ST
KEMP PL
N STARCREST DR
HOWARD AVE
W VERNESS ST
LOWELL ST
S NEWTON ST
N LA BREDA
LA SERENA DR
W SHAMWOOD ST
W IDAHOME ST
W BYGROVE ST
GOLDEN GROVE WY
N JENIFER AVE
N HOWARD AVE
E WALNUT CREEK RD
E CHESTER RD
MEADOWWOOD DR
S FIRCRAFT AVE
E CASAD AVE
S O A K T R E E D R
ADAMS PARK DR
B ST
BARANCA AVE
BENDER AVE
BRIARGATE LN
CUMMINGS RD
CURTIS AVE
E ADAMS PARK DR
E ALGROVE ST E ALGROVE ST
E ALISAL ST
E BADILLO ST E BADILLO ST E BADILLO ST
E BELLBROOK ST
E BENBOW ST E BENBOW ST
E BENWOOD ST
E CALORA ST
E CIENEGA AVE
E COLLEGE ST
E COVINA BLVD E COVINA BLVD
E CYPRESS ST E CYPRESS ST E CYPRESS ST
E DEXTER ST E DEXTER ST
E EDGECOMB ST
E EDNA PL
E EDNA PL
E EDNA PL
E GREENHAVEN ST
E GROVERDALE ST
E HURST ST E HURST ST
E ITALIA ST
E ITALIA ST
E NAVILLA PL
E NAVILLA PL E NAVILLA PL
E NAVILLA PL
E NUBIA ST E NUBIA ST
E NUBIA ST
E PALM DR
E PUENTE ST
E ROWLAND ST E ROWLAND ST
E RUDDOCK ST
E SAN BERNARDINO RD
E SAN BERNARDINO RD
E STEPHANIE DR
E THELBORN ST E THELBORN ST
E TUDOR ST
E TUDOR ST
E TUDOR ST
E WANAMAKER DR
E WORKMAN AVE EREMLAND DR EREMLAND DR N 1ST AVE N 1ST AVE N 1ST AVE N 2ND AVE N 2ND AVE
N 4TH AVE N 4TH AVE
N 4TH AVE
N 5TH AVE
N 5TH AVE
N ALDENVILLE AVE
N ARMEL DR N ARMEL DR N ARMEL DR N ARMEL DR
N AZUSA AVE
N BARANCA AVE
N BENDER AVE N BENDER AVE
N CALERA AVE
N CALVADOS AVE
N CEDAR DR
N CEDAR DR
N CITRUS AVE N CITRUS AVE N CITRUS AVE S CITRUS ST
N DE LAY AVE
N DODSWORTH AVE
N DODSWORTH AVE
N DODSWORTH AVE
N EASTBURY AVE
N EDENFIELD AVE
N ELSPETH WY
N ELSPETH WY
N ELSPETH WY
N FAIRVALLEY AVE
N FENIMORE AVE N FENIMORE AVE
N FIRCROFT AVE
N GRAND AVE N GRAND AVE N GRAND AVE
N GRANDVIEW AVE
N GRANDVIEW AVE
N HEATHDALE AVE
N HEATHDALE AVE
N HOLLENBECK AVE N HOLLENBECK AVE
N LARK ELLEN AVE
N LARKIN DR
N MIDSITE AVE
N NEARGLEN AVE
N OMALLEY AVE
N PROSPERO DR N PROSPERO DR
N RIMSDALE AVE
N VICEROY AVE
N VICEROY AVE
N VINCENT AVE
N WESTRIDGE AVE
OAK TREE CT
S 1ST AVE S 1ST AVE
S 1ST AVE
S 2ND AVE
S 2ND AVE
S ALBERTSON AVE
S ALDENVILLE AVE
S ARMEL DR
S ARMEL DR
S ARMEL DR
S CALVADOS AVE S CALVADOS AVE
S CEDAR DR
S CITRUS AVE
S FORESTDALE AVE
S GRAND AVE S GRAND AVE
S HEATHDALE AVE
S HEATHDALE AVE
STARCREST DR
TRAYMORE AVE
W ALCROSS ST
W ALCROSS ST
W BADILLO ST W BADILLO ST W BADILLO ST
W BENBOW ST
W BENWOOD ST
W COVINA BLVD
W CYPRESS ST
W EDNA PL
W EDNA PL
W EDNA PL
W FRONT ST W FRONT ST
W GRONDAHL ST W GRONDAHL ST
W GRONDAHL ST
W PALM DR
W ROWLAND ST
W SAN BERNARDINO RD
E COVINA HILLS RD
E SHOPPE R S LN
S HEPNER AVE
S ALBERTSON AVE
S ALDENVILLE AVE
N FIRCROFT AVE
COOLFIELD DR
FREDKIN DR
W CHESTER RD
Area C Area B Area A
Area D
Area E
Area F
Area G
Area H Area J
Area K
Area L
Area M
Area I
Proposed Mixed-Use Parcels
MUOD
AHMUOD
Zone Change
TCSP
City Boundary
City of Covina
Mixed Use
Overlay District
°
Disclaimer:
This map of the City of Covina, California has been provided for illustration purposes only Every reasonable effort has been made to ensure the precision of the map and its data, however, some information may not be accurate. The City of Covina provides this map on an as-is basis and assumes no liability for damages arising from errors or omissions. The maps are provided without any warranty, expressed or
implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this map before
validating your decision with the appropriate City office. © City of Covina. Geographic Information Systems. 2022
0 1,000 2,000 Feet
ZCH 22-03 EXHIBIT A
EXHIBIT A2 ‐ ZONE CHANGE (ZCH) 22‐03 ‐ PARCELS REZONE TO ADD MIXED‐USE OVERLAY DISTRICT (MUOD)
Key to
Map
Assessor
Parcel
Number
Existing
Zoning
Proposed
Zoning
Key to
Map
Assessor
Parcel Number
Existing
Zoning
Proposed
Zoning
Area A 8406-001-012 C-3A C-3A (MUOD) Area G 8451-007-026 C-3A C-3A (MUOD) 8406-001-028 C-3A C-3A (MUOD) 8451-007-029 C-3A C-3A (MUOD) 8406-001-034 C-4 C-4 (MUOD) 8451-007-030 C-3A C-3A (MUOD 8406-001-029 C-3A C-3A (MUOD) 8451-007-031 C-3A C-3A (MUOD 8451-007-032 C-3A C-3A (MUOD
Area C 8408-020-022 C-2 C-2 (MUOD) 8451-007-049 C-P C-P (MUOD) 8408-020-023 C-2 C-2 (MUOD) 8451-007-048 C-P C-P (MUOD) 8408-020-018 C-2 C-2 (MUOD) 8451-007-033 C-P C-P (MUOD) 8408-020-020 C-2 C-2 (MUOD) 8451-007-034 C-P C-P (MUOD) 8408-020-015 C-2 C-2 (MUOD) 8451-007-035 RD 1500 C-P (MUOD) 8451-007-023 C-P C-P (MUOD)
Area E 8444-008-032 C-3 C-3 (MUOD) 8451-007-024 C-P C-P (MUOD) 8444-008-017 TC-C TC-C (MUOD) 8451-007-025 C-P C-P (MUOD) 8444-008-019 TC-C TC-C (MUOD) 8451-003-024 C-P C-P (MUOD) 8444-008-031 C-3 C-3 (MUOD) 8451-008-011 C-2 C-2 (MUOD) 8451-018-026 C-3A C-3A (MUOD)
Area F 8444-009-010 C-3A C-3A (MUOD) 8451-008-009 C-2 C-2 (MUOD0 8444-021-005 C-3 C-3 (MUOD) 8451-008-010 C-2 C-2 (MUOD) 8444-021-004 C-4 C-3 (MUOD0
8444-022-001 C-4 C-3 (MUOD)
Area H 8430-030-012 C-5 C-5 (MUOD)
Area G 8445-026-029 C-P C-P (MUOD) 8430-030-027 C-P C-P (MUOD) 8445-026-028 C-P C-P (MUOD) 8430-030-031 C-5 C-5 (MUOD) 8445-029-014 C-3A C-3A (MUOD) 8430-030-032 C-5 C-5 (MUOD) 8445-027-009 C-3A C-3A (MUOD) 8430-030-033 C-5 C-5 (MUOD) 8445-027-010 C-3A C-3A (MUOD) 8430-030-034 C-5 C-5 (MUOD) 8445-027-030 C-3A C-3A (MUOD) 8430-030-035 C-5 C-5 (MUOD) 8445-027-029 C-3A C-3A (MUOD) 8430-030-036 C-5 C-5 (MUOD) 8445-027-018 C-3A C-3A (MUOD) 8430-030-037 C-5 C-5 (MUOD) 8445-027-023 C-3A C-3A (MUOD) 8430-030-038 C-5 C-5 (MUOD) 8445-027-024 C-3A C-3A (MUOD) 8430-032-012 C-2 C-2 (MUOD) 8445-028-011 C-3A C-3A ( MUOD) 8430-032-016 C-5 C-5 (MUOD) 8445-028-025 C-3A and C-P C-3A (MUOD) Area I 8430-034-006 C-2 C-2 (MUOD) 8445-028-012 C-3A C-3A (MUOD) 8430-034-024 C-2 C-2 (MUOD) 8445-029-008 C-3A C-3A (MUOD) 8430-034-028 C-4 C-4 (MUOD) 8451-001-019 C-3A C-3A (MUOD) 8430-034-029 C-2 C-2 (MUOD) 8451-001-020 C-3A C-3A (MUOD) 8430-034-030 C-2 C-2 (MUOD) 8451-003-017 C-3A C-3A (MUOD)
8451-003-018 C-3A C-3A (MUOD) Area J 8429-035-004 C-4 C-4 (MUOD) 8451-003-019 C-3A C-3A (MUOD) 8429-035-005 C-4 C-4 (MUOD) 8451-003-023 C-3A C-3A (MUOD) 8429-035-012 C-4 C-4 (MUOD) 8451-003-022 C-3A C-3A (MUOD) 8429-035-020 C-4 C-4 (MUOD) 8451-003-021 C-3A C-3A (MUOD) 8429-035-021 C-4 C-4 (MUOD0 8451-003-020 C-3A C-3A (MUOD) 8429-032-001 C-5 C-5 (MUOD) 8451-007-027 C-3A C-3A (MUOD) 8429-035-001 C-4 C-4 (MUOD) 8451-007-028 C-3A C-3A (MUOD) Area L 8434-013-010 M-1 M-1 (MUOD)
EXHIBIT A3 - ZONE CHANGE (ZCH) 22-03 - PARCELS REZONE TO ADD
AFFORDABLE HOUSING MIXED-USE OVERLAY DISTRICT (AHMUOD)
Key to
Map
Assessor
Parcel
Number
Current
Zoning
Proposed
Zoning
Key to
Map
Assessor
Parcel
Number
Current
Zoning
Proposed
Zoning
Area A 8406-001-018 C-4 C-4 (AHMUOD) Area J 8429-035-006 C-4 C-4 (AHMUOD) 8406-001-021 C-4 C-4 (AHMUOD) 8429-035-007 C-4 C-4 (AHMUOD) 8406-001-037 C-4 C-4 (AHMUOD) 8429-035-008 C-4 C-4 (AHMUOD) 8406-001-042 C-4 C-4 (AHMUOD) 8429-035-009 C-4 C-4 (AHMUOD) 8406-001-044 C-4 C-4 (AHMUOD) 8429-035-019 C-4 C-4 (AHMUOD) 8406-001-045 C-4 C-4 (AHMUOD) 8429-035-018 C-4 C-4 (AHMUOD) Area K 8434-002-011 CP C-P (AHMUOD)
Area B 8407-032-002 C-3A (PCD) C-3A (PCD)(AHMUOD) 8434-002-013 CP C-P (AHMUOD) 8434-002-014 CP C-P (AHMUOD)
Area D 8422-001-008 C-2 C-2 (AHMUOD) 8434-002-018 CP C-P (AHMUOD) 8422-001-016 C-2 C-2 (AHMUOD) 8434-002-021 CP C-P (AHMUOD) 8422-001-017 C-2 C-2 (AHMUOD) 8434-002-024 CP C-P (AHMUOD) 8421-026-024 C-4 C-4 (AHMUOD) 8434-003-015 CP C-P (AHMUOD) 8421-026-025 C-4 C-4 (AHMUOD) 8440-003-016 CP C-P (AHMUOD) 8421-026-028 C-2 C-2 (AHMUOD) 8434-003-017 CP CP (AHMUOD) 8422-001-009 C-2 C-2 (AHMUOD) 8434-003-018 CP C-P (AHMUOD) 8422-001-011 C-2 C-2 (AHMUOD) 8434-003-019 CP C-P (AHMUOD) 8422-001-012 C-2 C-2 (AHMUOD) 8434-003-022 CP C-P (AHMUOD) 8422-001-013 C-2 C-2 (AHMUOD) 8434-003-014 CP C-P (AHMUOD) 8422-001-015 C-2 C-2 (AHMUOD) 8434-004-020 CP C-P (AHMUOD) 8434-004-022 C-P C-P (AHMUOD)
Area G 8445-024-021 C-P CP (AHMUOD) 8434-004-023 CP C-P (AHMUOD) 8445-024-009 C-P CP (AHMUOD) 8434-004-033 CP C-P (AHMUOD) 8445-024-010 C-P CP (AHMUOD) 8434-016-033 C-4 C-4 (AHMUOD) 8445-025-006 C-P CP (AHMUOD) 8434-016-037 CP CP (AHMUOD) 8445-025-009 C-P CP (AHMUOD) 8434-016-010 CP CP (AHMUOD) 8445-025-010 C-P CP (AHMUOD) 8434-016-011 CP CP (AHMUOD) 8445-025-011 C-P CP (AHMUOD)
8445-025-022 C-P CP (AHMUOD) Area M 8435-033-023 C-2 C-2 (AHMUOD) 8451-007-052 C-3A C-3A (AHMUOD) 8435-033-028 C-2 C-2 (AHMUOD) 8451-007-053 C-3A C-3A (AHMUOD) 8435-033-024 C-2 C-2 (AHMUOD) 8451-007-051 C-3A C-3A (AHMUOD) 8435-033-017 C-2 C-2 (AHMUOD) 8451-007-050 C-3A C-3A (AHMUOD)
8451-007-054 C-3A C-3A (AHMUOD)
8451-007-055 C-3A C-3A (AHMUOD)
Assessor
Parcel
Number
Existing
Zoning
Proposed
Zoning
8429-035-015 C-P RD-2000
Zone Change (ZCH) 2022-06
ORDINANCE 22-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CHANGE (ZCH) 22-06, AND
AMENDING THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE
ZONING FROM C-P, COMMERCIAL, ADMINISTRATIVE, AND
PROFESSIONAL OFFICE ZONE TO RD, RESIDENTIAL (MULTIFAMILY) ZONE, CONSISTENT WITH THE EXISTING GENERAL PLAN
LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL, FOR
PROPERTY LOCATED AT 544 E. RUE ROYALE, APN: 8429-035-015.,
AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD), and to rezone selected sites for accommodating potential new housing development. The MUOD and AHMUOD together with the rezoning of selected sites will encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunities for housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, in accordance with California Environmental Quality Act (CEQA), the City has analyzed the project, proposed Zone Change (ZCH) 2206, and concluded that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), because the activity in question does not have a significant effect on the physical environment. Further, it can be seen with certainty that there is no possibility that this amendment may have a significant adverse effect on the environment. Adoption of the Zone Change would not approve any development project or other physical change to the environment; and
Ordinance 22-14 Page 2 of 4
WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zone Change (ZCH) 22-06. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a 5-0-0 vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zone Change (ZCH) 22-06; and WHEREAS, on October 18, 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) 22-06 and 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 (ZCH) 22-06. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zone Change (ZCH) 22-06, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zone Change (ZCH) 22-06 is exempt from the requirements of CEQA pursuant to CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) Section 15061(b)(3) because no development project or other physical change to the environment would be approved by the adoption of the Zone Change.
SECTION 3. Findings for ZCH 22-06. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby finds that the proposed Zone Change (ZCH) 22-006 is consistent with the Land Use Plan and the Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-06, amending the City’s Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of High-Density Residential, for property located at 544 E. Rue Royal Street, APN:
8429-035-015 (Exhibit A). 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 Zone Change (ZCH) 22-06.
SECTION 5. 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
Ordinance 22-14 Page 3 of 4
sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. 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.
PASSED, APPROVED and ADOPTED this ___ 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 22-14 Page 4 of 4
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-14 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
EXHIBIT A
ZCH 22-06
ZONE CHANGE FROM C-P TO RD
APN: 8429-035-015
Title1
188.08 Feet
ZCH 22-06
FROM C-P TO RD
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: CC Regular Meeting - Nov 01 2022
Title: City Initiated Zoning Code Amendments (ZCA) 22-005, Requesting Amendments to Chapters 17.42, 17.44, 17.26, and 17.78.160 of the Zoning Code and, Planned Community Development Modifications (PCDM) 22-002 and (PCDM) 22-003 Amending PCD 79-001 Relating to Monument Signs and PCD 98-001 Relating to Conditional Use Permits, and Finding that the Proposed Amendments and Modifications are Exempt from CEQA
Presented By: Mercy Lugo, Planning Manager
Recommendation: Adopt on second reading of the following:
1. Ordinance 22-15, "An ordinance of the City Council of the City of Covina, California, adopting Zoning Code Amendment (ZCA) 22-05, by amending chapters 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) reclassifying “barber and/or beauty shop use” as a “permitted use”, Chapter
17.44 (C-4 Commercial Highway Zone) allowing wall signs abutting an alley or parking lot, Chapter 17.26 (R-1 7,500 Single Family Residential Zone) allowing (1) second floor storage above garages and (2) residential additions to align with existing residential structures within the 25-foot rear yard setback area and, Chapter 17.78.160 (Variance for Minor Deviation) to eliminate Section
17.78.160(a)(5) regarding (RD) Multi-Family Code Section, of Title 17 (Zoning) of the Covina Municipal Code, and making findings under CEQA guidelines section 15061(b)(3)"; and
2. Ordinance 22-16, "An Ordinance of the City Council of the City of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 79-001 (Ordinance No. 79-1403) to allow free-standing monument signs pursuant to Chapter
17.44.210 (C-4) Commercial Highway Zone and, amending window covering standards, within the Arrow-Grand Business Park, and making findings under CEQA guidelines section 15061(b)(3)"; and
3. Ordinance 22-17, "An Ordinance of the City Council of the City Of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 98-001 (Ordinance No. 98-1831) to allow drive-throughs, restaurants, breweries, with on-sale alcohol as a conditionally permitted use, modification of the approved provisional site plan to allow an additional retail pad, the adjusting of required parking standards within the Covina Technology Center, and making findings under CEQA guidelines section 15061(b)(3).
EXECUTIVE SUMMARY:
Ordinance 22-15, 22-16 and 22-17 (Attachments A, B and C) were approved at introduction by a 4-0-1 vote (Councilmember Linares abstained) of the City Council at the October 19, 2022, City Council Meeting.
BACKGROUND:
DISCUSSION:
It is recommended that City Council adopt on second reading the following:
Ordinance 22-15 "An ordinance of the City Council of the City of Covina, California, adopting Zoning Code Amendment (ZCA) 22-05, by amending chapters 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) reclassifying “barber and/or beauty shop use” as a “permitted use”, Chapter 17.44 (C-4 Commercial Highway Zone) allowing wall signs abutting an alley or parking lot, Chapter 17.26 (R-1 7,500 Single Family Residential Zone) allowing (1) second floor storage above garages and (2) residential additions to align with existing residential structures within the 25-foot rear yard setback area and, Chapter 17.78.160 (Variance for Minor Deviation) to eliminate Section 17.78.160(a)(5) regarding (RD) Multi-Family Code Section, of Title 17 (Zoning) of the Covina Municipal Code, and making findings under CEQA guidelines section 15061(b)(3)"; and Ordinance 22-16, "An Ordinance of the City Council of the City of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 79-001 (Ordinance No. 79-1403) to allow free-standing monument signs pursuant to Chapter 17.44.210 (C-4) Commercial Highway Zone and, amending window covering standards, within the Arrow-Grand Business Park, and making findings under CEQA guidelines section 15061(b)(3)"; and Ordinance 22-17, "An Ordinance of the City Council of the City Of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 98-001 (Ordinance No. 98-1831) to allow drive-throughs, restaurants, breweries, with on-sale alcohol as a conditionally permitted use, modification of the approved provisional site plan to allow an additional retail pad, the adjusting of required parking standards within the Covina Technology Center, and making findings under CEQA guidelines section 15061(b)(3).
FISCAL IMPACT:
There are no fiscal impacts for a second reading and adoption of an ordinance.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Ordinance 22-15
Attachment B - Ordinance 22-16
Attachment C - Ordinance 22-17
Respectfully submitted,
ORDINANCE 22-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT (ZCA) 22-05, BY AMENDING CHAPTERS 17.42 (C-3A REGIONAL OR COMMUNITY
SHOPPING CENTER COMMERCIAL ZONE) RECLASSIFYING
“BARBER AND/OR BEAUTY SHOP USE” AS A “PERMITTED USE”,
CHAPTER 17.44 (C-4 COMMERCIAL HIGHWAY ZONE) ALLOWING
WALL SIGNS ABUTTING AN ALLEY OR PARKING LOT, CHAPTER
17.26 (R-1 7,500 SINGLE FAMILY RESIDENTIAL ZONE) ALLOWING (1) SECOND FLOOR STORAGE ABOVE GARAGES AND (2) RESIDENTIAL
ADDITIONS TO ALIGN WITH EXISTING RESIDENTIAL STRUCTURES WITHIN THE 25-FOOT REAR YARD SETBACK AREA AND, CHAPTER
17.78.160 (VARIANCE FOR MINOR DEVIATION) TO ELIMINATE
SECTION 17.78.160(A)(5) REGARDING (RD) MULTI-FAMILY CODE SECTION, OF TITLE 17 (ZONING) OF THE COVINA MUNICIPAL
CODE, AND MAKING FINDINGS UNDER CEQA GUIDELINES
SECTION 15061(B)(3)
WHEREAS, Covina Municipal Code (CMC) Section 17.80.010 provides that any amendment to the text of Title 17 (Zoning) of the CMC that imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be made according to the procedure set forth in CMC 17.80.080 through 17.80.070 (Zoning Code Amendment or Zone change); and
WHEREAS, CMC Section 17.80.020 provides that the Planning Commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided in CMC Sections 17.80.030 through 17.80.050; and
WHEREAS, CMC Section 17.80.030 provides that the City’s Planning Department shall study the proposed amendment and shall provide information necessary to assure action consistent with the intent of Title (Zoning) of the CMC and the City of Covina General Plan; and WHEREAS, CMC Section 17.80.040 provides that after the Planning Commission initiates proceedings by motion, the Community Development Director shall give notice of a public hearing in accordance with Sections 17.80.040.B. and C; and WHEREAS, CMC Section 17.80.050 provides that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice; and WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, including the reasons for the recommendation and the relationship of the proposed Zoning Code Amendment (ZCA) 22-005 to the City of Covina General Plan, and transmit the recommendation to the City Council in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twoPage 3 of 14 Ordinance 22-15 Page 2 of 5
thirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22-005 and 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 the proposed Zoning Code Amendment (ZCA) 22-005. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-005, the Planning Commission closed the public hearing on that same date and adopted Resolution No. 2022-017 PC by a 5-0-0 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 22-005 and adopt this proposed Ordinance; and
WHEREAS, CMC Section 17.80.060 provides that the City Clerk must set a hearing date on an amendment not more than thirty (30) days after the filing of the Planning Commission’s recommendation an provide notice of the public hearing in accordance with CMC Section
17.80.040.B.; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the public hearing notice and may adopt the amendment recommended by the Planning Commission, by ordinance, after holding at least one public hearing thereon, or may modify the amendment recommended by the Planning Commission, provided the proposed modification has been referred back to the Planning Commission for a report, pursuant to Sections 17.80.070.C. and D.; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22-005 and 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 Zoning Code Amendment (ZCA) 22-005. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-005, 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:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the proposed Zoning Code Amendment (ZCA) 22-005:
Ordinance 22-15 Page 3 of 5
A. Community Development Department staff has determined that the proposed Zoning Code Amendment, as set forth in Sections 4 through 9 of this Ordinance, is exempt from the requirements of the California Environmental Quality Act (“CEQA”) (Cal. Pub.
Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code Reg., tit. 14, § 1500 et seq.) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Ordinance to amend various sections of the Zoning Code which proposes to (1) streamline the entitlement process by reclassifying conditionally permitted barber shops and beauty shops to permitted uses in the C-3A commercial zone, (2) allow wall signs abutting an alley or parking lot in commercial and industrial zones, (3) allow second floor storage above garages in residential zones, (4) allow residential additions to align with existing residential structures within the 25-foot rear yard setback area, and (4) eliminate Section 17.78.160(A)(5) regarding (RD) multi-family code, will have a significant effect on the environment.
B. The proposed Zoning Code Amendment (ZCA) 22-005 is an administrative process of the City that will not result in a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
C. The City Council has reviewed the Community Development Department staff’s determination of exemption, and based on its own independent judgment, concurs in staff’s determination that the proposed Ordinance adopting the proposed Zoning Code Amendment (ZCA) 22-005 is exempt from CEQA.
SECTION 3. Findings for Approval of Zoning Code Amendment (ZCA) 22-005. Based on the evidence in the record, City Council of the City of Covina find that the proposed Zoning Code Amendment (ZCA) 22-005 is in compliance with State law and is consistent with the following General Plan Objectives, in that it is consistent with the Program/Implementation Measures No. B.11.a of the Land Use Element of the City of Covina General Plan because the proposed Zoning Code Amendment (ZCA) will update various regulations to address current development trends, create consistency between the various sections of the Zoning Code, and allow the City to “create a more efficient, reasonable, and ‘business friendly’ atmosphere.” SECTION 4. Subsection (B)(3) Section 17.42.020 (“Barber and/or beauty shop”) is hereby added to Chapter 17.42 (“Permitted uses”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“3. Barber and/or beauty shop 5;”
SECTION 5. Section 17.42.030 (“Deleted”) (“Barber and//or beauty shop”) of Chapter
17.42 (“C-3A Commercial Regional or Community Shopping Center Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“1. Deleted Barber and/or beauty shop;”
SECTION 6. Subsection (C) Section 17.44.210 (“Allowable Signs and Special Regulations”) is hereby amended to Chapter 17.44 (“C-4 Commercial Highway Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“17.44.210 (C) Allowable Signs and Special Regulations.
Ordinance 22-15 Page 4 of 5
“Each business shall also be permitted two building face signs per occupancy frontage. In cases where a building store front abuts an alley access or parking lot, a second face sign shall be permitted. The area devoted to such signs shall not exceed 15 percent of the first store height of the building. Such signs shall be mounted flat against the building;” SECTION 7. Subsection 17.26.090 (“Accessory Building Height”) of Chapter 17.26 (“R1 7500 Single Family Residential Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“17.26.090 Accessory building height.
No main building or structure erected in this zone shall have a height greater than two and one-half stories or 35 feet, whichever is less. Accessory buildings shall not have a height greater than one story or 15 feet, except to allow the construction of a “non-habitable” storage room above a detached garage, not to exceed two and one-half stories or 35 feet, whichever is less. At no time, shall the second floor-level storage room be converted into a habitable/livable space. No windows shall face adjoining properties. In the event the second floor-level storage room is illegally converted into a habitable/livable space, the unpermitted conversion shall be restored back to its originally approved state: a nonhabitable personal storage room;” SECTION 8. Subsection (D) is hereby added to Section 17.26.140 (“Rear Yard”) of Chapter 17.26 (“R-1 7500 Single Family Residential Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“17.26.140 Rear yard.
D. Residential additions may be permitted in a required rear yard to align with existing residential structures that were constructed within the 25-foot rear yard setback area on corner or reverse corner lots;”
SECTION 9. Subsection (A)(5) (“Deleted”) of Section 17.78.160 (“Variance for minor deviations”) of Chapter 17.78 (“Variances”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“5. Deleted Applications to modify development standards in RD multiple-family residential zones as provided in CMC 17.28.475;”
SECTION 10. 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.
SECTION 11. 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
Ordinance 22-15 Page 5 of 5
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 12. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 13. 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.
PASSED, APPROVED and ADOPTED this ___ 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 22-15 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 22-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT
MODIFICATION (PCDM) 22-003, BY AMENDING PLANNED
COMMUNITY DEVELOPMENT PCD 79-001 (ORDINANCE NO. 79-1403)
TO ALLOW FREE-STANDING MONUMENT SIGNS PURSUANT TO
CHAPTER 17.44.210 (C-4) COMMERCIAL HIGHWAY ZONE AND,
AMENDING WINDOW COVERING STANDARDS, WITHIN THE
ARROW-GRAND BUSINESS PARK, AND MAKING FINDINGS UNDER
CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, CMC Sections 17.80.130 provide that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice, announce its decision within 30 days after the conclusion of the public hearing, recommend either approval or disapproval of the proposed PCD Modification, and set forth findings in support of the recommendation; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, including the reasons for the recommendation and the relationship of the proposed PCD Modification, to the City of Covina General Plan, and transmit the recommendation to the City Council in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.140 provides that the hearing date of the City Council public hearing shall be set by the City Clerk for not more than 60 days after the filing of the Planning Commission’s resolution with the City Council; and WHEREAS, CMC Section 17.80.150 provides that the City Council shall hold a public hearing on the date and at the time and place specified in the notice and may either adopt, by ordinance, the PCD Modification recommended by the Planning Commission after holding at least one public hearing thereon or modify the PCD Modification, recommended by the Planning Commission, provided the proposed modification is been referred back to the Planning Commission for a report, pursuant to Sections 17.80.150; and WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-002 and 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 the proposed Planned Community Development Modification.
Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-003, the Planning Commission closed the public hearing on that same date and adopted Resolution No. 2022-017 PC by a 5-0-0 vote, recommending that the City Council approve the proposed Planned Community Development Modification (PCDM) 22-002 and adopt this proposed Ordinance; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-002, and any comments received prior to or at the public
Ordinance 22-16 Page 2 of 3
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 Planned Community Development Modification (PCDM) 22-002. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-002, 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 HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings for Approval of Planned Community Development Modification (PCDM) 22-002. Based on the evidence in the record, City Council of the City of Covina find that the proposed Planned Community Development Modification (PCDM) 22-002 is in compliance with State law and is consistent with General Plan Objective E (1)(y) which states: “Utilize the Zoning Ordinance’s Planned Community Development (PCD) process (which allows for development standard modification if certain conditions are met) as a vehicle for getting attractive, functional, compatible, and innovative projects, thus facilitating residential and nonresidential development and General Plan implementation.”
SECTION 2. Subsection (13) Section 3 of Ordinance No. 1403, establishing the Planned Community Development (PCD) District Overlay Zone for the Arrow-Grand Business Park, is hereby added to read as follows:
“13. Signage Requirements – Commercial and Industrial Development.
1. Free-standing monument signs shall be permitted, pursuant to CMC Section
17.44.210 (Allowable Signs and Special Regulations);
2. Non-signage “artistic” window coverings exceed 20% window coverage shall obtain city approval through the Site Plan Review process, pursuant to CMC 17.64 (Site Plan Review)”
SECTION 3. All other provisions of Ordinance No. 79-1403 not amended as set forth in this Ordinance shall remain in full force and effect.
SECTION 4. 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.
SECTION 5. 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
Ordinance 22-16 Page 3 of 3
provisions applicable to any violation of such ordinances.
SECTION 6. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 7. 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.
PASSED, APPROVED and ADOPTED this ___ 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 22-16 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 22-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT
MODIFICATION (PCDM) 22-003, BY AMENDING PLANNED
COMMUNITY DEVELOPMENT PCD 98-001 (ORDINANCE NO. 98-1831) TO ALLOW DRIVE-THROUGHS, RESTAURANTs, BREWERIES, WITH
ON-SALE ALCOHOL AS A CONDITIONALLY PERMITTED USE,
MODIFICATION OF THE APPROVED PROVISIONAL SITE PLAN TO
ALLOW AN ADDITIONAL RETAIL PAD, THE ADJUSTING OF
REQUIRED PARKING STANDARDS WITHIN THE COVINA
TECHNOLOGY CENTER, AND MAKING FINDINGS UNDER CEQA
GUIDELINES SECTION 15061(B)(3)
WHEREAS, CMC Sections 17.80.130 provide that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice, announce its decision within 30 days after the conclusion of the public hearing, recommend either approval or disapproval of the proposed PCD Modification, and set forth findings in support of the recommendation; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, including the reasons for the recommendation and the relationship of the proposed PCD Modification, to the City of Covina General Plan, and transmit the recommendation to the City Council in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.140 provides that the hearing date of the City Council public hearing shall be set by the City Clerk for not more than 60 days after the filing of the Planning Commission’s resolution with the City Council; and WHEREAS, CMC Section 17.80.150 provides that the City Council shall hold a public hearing on the date and at the time and place specified in the notice and may either adopt, by ordinance, the PCD Modification recommended by the Planning Commission after holding at least one public hearing thereon or modify the PCD Modification, recommended by the Planning Commission, provided the proposed modification is been referred back to the Planning Commission for a report, pursuant to Sections 17.80.150; and WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-003 and 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 the proposed Planned Community Development Modification.
Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-003, the Planning Commission closed the public hearing on that same date and adopted Resolution No. 2022-017 PC by a 5-0-0 vote, recommending that the City Council approve the proposed Planned Community Development Modification (PCDM) 22-003 and adopt this proposed Ordinance; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly
Ordinance 22-17 Page 2 of 4
noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-003, and 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 Planned Community Development Modification (PCDM) 22-003. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-003, 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 HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings for Approval of Planned Community Development Modification (PCDM) 22-002. Based on the evidence in the record, City Council of the City of Covina find that the proposed Planned Community Development Modification (PCDM) 22-003 is in compliance with State law and is consistent with General Plan Objective E (1)(y) which states: “Utilize the Zoning Ordinance’s Planned Community Development (PCD) process (which allows for development standard modification if certain conditions are met) as a vehicle for getting attractive, functional, compatible, and innovative projects, thus facilitating residential and nonresidential development and General Plan implementation.”
SECTION 2. Subsection (1) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“1. A precise plan and site plan review application shall be submitted to the Planning Division for approval of each remodeling or new construction tenant space. All precise plans must be in substantial compliance with the approved provisional site plan. Refer to “Exhibit A” for amended provisional site plan identifying location of new retail pad, approved under (PCDM) 22-003.”
SECTION 3. Subsection (13)(B)(5) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“5. Brewery, artisan distillery;”
SECTION 4. Subsection (13)(I) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“I. Uses permitted subject to conditional use:
. 1. Restaurants, with on-sale alcohol;
2. Brewery with on-sale alcohol;
3. Drive-throughs;”
Ordinance 22-17 Page 3 of 4
SECTION 5. Subsection (13)(J) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby added to read as follows:
“J. On-site Parking Requirements.
The required on-site parking required for (PCD)98-001 shall be set forth as the amount of onsite parking provided within the boundaries of (PCD)98-001 after the approval of the new retail pad fronting Arrow Highway;”
SECTION 6. All other provisions of Ordinance No. 98-1831 not amended as set forth in this Ordinance shall remain in full force and effect.
SECTION 7. 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.
SECTION 8. 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 9. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
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.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-17 Page 4 of 4
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 22-17 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
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Nov 01 2022
Title: Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard (Project No. P2308) - Award of Contract to PTM General Engineering Services, Inc. in the Amount of $541,041
Presented By: Andy Bullington, Director of Public Works Rafael Fajardo, City Engineer
Recommendation: 1. Approve plans and specifications for the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard – Project No. P2308; and
2. Award a contract for the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard – Project No. P2308 to PTM General Engineering Services, Inc. as the lowest responsive bidder in the amount of $541,041 and authorize the City Manager to execute the contract; and
3. Authorize a project contingency amount of $50,000 (approximately 10%) for any unforeseen construction expenses; and
4. Adopt Resolution CC 2022-118 appropriating $140,000 from Proposition C fund balance for the completion of the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard – Project No. P2308.
EXECUTIVE SUMMARY / BACKROUND:
As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard which consists of the installation of a new traffic signal at the intersection of Barranca Avenue and Covina Boulevard.
Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project is PTM General Engineering Services Inc. As such, it is recommended that a contract be awarded for the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard to PTM General Engineering Services, Inc. as the lowest responsive and responsible bidder in the amount of $541,041 and authorize the City Manager to execute the contract.
DISCUSSION:
The proposed project will upgrade the traffic signal located at Barranca Avenue and Covina Boulevard by adding left turn pockets at the four legs of the intersection, new poles, a camera system and other appurtenances.
A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, September 15th & 22th 2022. Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, October 4, 2022.
Beginning at 10:00 a.m. on October 4, 2022, the City Clerk publicly opened and read one (1) sealed bids with the following results:
Rank Bidder Location Total Base Bid Amount
1 PTM General Engineering Services, Inc. Riverside, CA $541,041 Staff has reviewed all bid documents for compliance and has evaluated the contractor’s professional background and recently completed projects for competency. As a result, staff recommends the award of contract to the lowest bidder, PTM Engineering Services, Inc. given that this firm has completed many traffic signal projects for several public agencies in Southern California including Covina.
FISCAL IMPACT:
The Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard is included in the adopted Fiscal Year 2022-2023 Capital Improvement Program with a total allocation of $500,000 from the Traffic Impact Fees Account No. GL 47052200-55310-P2308. Resolution CC 2022-118 appropriates $140,000 in additional funding from available Proposition C fund balance to Proposition C Account No. 24052200-55310-P2308, for a total budget for this project of $640,000. Project budget expenses are as follows:
Description Amount
Base Bid (PTM General Engineering Services, Inc.) $541,041 Contingency Allowance $50,000
Total Contract Amount $591,041
Construction Management (Siterep Construction Services, Inc.) $25,000 RKA Consulting (Design) $21,790
Total Fiscal Impact $637,831
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
ATTACHMENTS:
Attachment A - Construction Contract
Attachment B - Bid Analysis
Attachment C - Bid, PTM General Engineering
Attachment D - Resolution CC 2022-118
Respectfully submitted,
CONTRACT
CITY OF COVINA CONTRACT FOR
TRAFFIC SIGNAL IMPROVEMENT PROJECT – BARRANCA AVENUE
AND COVINA BOULEVARD, PROJECT NO. P2308
THIS CONTRACT (“Contract”) is made and entered this 20th day of November, 2022 (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and PTM General Engineering Services, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 891265; Class A;C10. Contractor’s DIR registration number is 1000001433.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Traffic Signal Improvement Project – Barranca Avenue and Covina Boulevard Project No. P2308 (Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed Five Hundred Forty-One Thousand Forty-One Dollars ($541,041.00) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In
ATTACHMENT A
accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
CITY OF COVINA
By:
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
Deputy City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
EXHIBIT A
City of Covina
Public Works Department - Engineering Division
Traffic Signal Improvements Project - Barranca Avenue and Covina Boulevard Item Description Quantity Unit Unit Price Total
1 Mobilization, Clearing and Grubbing,
NPDES, and SWPP 1 LS $13,500.00 $13,500.00
2 Traffic Control for Covina Blvd and
Barranca Ave 1 LS $28,000.00 $28,000.00
3 Furnish and Install Traffic Signal
Complete at Covina Blvd and
Barranca Ave
1 LS $406,846.50 $406,846.50
4 Construct ADA Curb Ramps per
SPPWC 4 EA $14,800.00 $59,200.00
5 Remove Existing Storm Drain RCB
and Lids LF 25 $300.00 $7,500.00
6 Remove Existing Sign and Post 1 EA $30.00 $30.00
7 Remove and Replace 4" PCC
Sidewalk SF 815 $14.30 $11,654.50
8 Striping for Covina Blvd and Barranca
Ave
1 LS $14,310.00 $14,310.00
Total $ 541,041.00
Bid Opening October 4, 2022 at 10:00 am
Base Bid PTM General Engineering Services, Inc. #1
ATTACHMENT B
ATTACHMENT C
RESOLUTION CC 2022-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2022/2023 CAPITAL
IMPROVEMENT PLAN (CIP) BUDGET AND REFLECT AN
APPROPRIATION OF $140,000 FROM PROPOSITION C FUND
BALANCE FOR THE TRAFFIC SIGNAL IMPROVEMENTS PROJECT
BARRANCA AVENUE AND COVINA BOULEVARD – PROJECT NO.
P2308
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2023 Operating Budget & Capital Improvement Plan (CIP) was approved on May 17, 2022; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to appropriate funds from Proposition C fund balance for the Traffic Signal Improvements Project Barranca Avenue and Covina Boulevard – Project No. 2308.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2022/2023 Capital Improvement Plan (CIP) Budget for the Traffic Signal Improvements Project Barranca Avenue and Covina Boulevard – Project No. 2308.
SECTION 2. Appropriate $140,000 from Proposition C fund balance to the Proposition C project account below:
Account No. Account Description Amount ($) Increase/Decrease 24052200-
55340-P2308
Proposition CStreets-Traffic Signal
System-Traffic
Signal Upgrade
$140,000 Increase
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.
Resolution CC 2022-118 Page 2 of 2
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-118 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 8
Meeting: CC Regular Meeting - Nov 01 2022
Title: City Facility Renovation Project – Covina Park Aquatic Pump Building Roof Replacement
Presented By: Andy Bullington, Director of Public works Rafael Fajardo, City Engineer
Recommendation: 1. Award a contract for the Covina Park Improvements Project – Covina Park Aquatic Pump Building Roof Replacement to Southland Roofing, Inc. as the lowest responsive and responsible bidder in an amount of $68,920 and authorize the City Manager to execute the contract; and
2. Authorize an amount of $7,000 (approximately 10%) as a contingency to cover the cost of unforeseen construction expenses.
EXECUTIVE SUMMARY / BACKROUND:
As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved a project entitled “City Facility Renovation Project,” which consists of the renovation of deficiencies identified in City facilities. One such deficiency that requires immediate repairs is the roof at the aquatic pump building located in Covina Park that has several detected leaks and houses vital equipment necessary to keep the aquatic center in working order.
This project consists of replacing the existing roof as follows:
• Demolish existing roofing system, gutters and haul all related roofing debris • Renovate existing fascia and reinforce roof base
• Paint the perimeter of the flashing, as needed
• Install new roof
DISCUSSION:
The Department of Public Works requested informal proposals from seven qualified firms. City staff received bid proposals as follows:
Rank Contractor Location Amount
1 Southland Roofing, Inc. Los Angeles, CA $68,920.00
2 ERC Roofing & Waterproofing Santa Ana, CA $95,700.00
3 Commercial Roofing System, Inc. Arcadia, CA $117,739.00 4 Chapman Coast Roof Co., Inc. Fullerton, CA $127,780.66 5 Best Contracting Services, Inc. Gardena, CA $153,764.00 6 FC & Sons Roofing, Inc. Bell Gardens, CA $159,244.00
7 Lenter Roofing Co. Orange, CA $169,000.00
Staff reviewed all bid documents for completeness and concluded that Southland Roofing Inc. is the lowest bidder to perform the construction of this project. Southland Roofing Inc. has satisfactorily completed similar projects for other agencies.
The contract for the City Facility Renovation Project – Covina Park Aquatic Pump Building Roof Replacement will be set as follows:
Contract Amount $68,920
10% Contingency Allowance $7,000
Total Fiscal Impact $75,920
FISCAL IMPACT:
A funding in the amount of $75,920 is available in the City’s approved Fiscal Year 2022-2023 Budget (Account No. 70206100-55100-F2302).
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
ATTACHMENTS:
Attachment A - Minor Construction & Maintenance Services Agreement Attachment B - Proposal, Southland Roofing Inc.
Respectfully submitted,
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated November 1, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) Southland Roofing, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform the Covina Park Improvement – Covina Park Aquatic Pump Building Roof Replacement.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2023 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year terms. In no event shall the contract be extended beyond June 30, 2024.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Sixty Eight Thousand Nine Hundred Twenty Dollars ($68,920.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
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3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be [Name], [Title] (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be
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“public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
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M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of one Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
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C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to
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obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in
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performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or