Agenda — Covina City Council, November 15, 2022 (part 1 of 8)

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City Council/CSA/CPFA/CHA Agenda Tuesday November 15, 2022

REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, November 15, 2022

IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.

Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.

Public Comments: During the meeting, there will be an opportunity for the public to speak.

Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.

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

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

Computer or Smart Device:
https://us02web.zoom.us/j/84186023958?pwd=ZVlDQVUzYXZPdWtiNXBJSFg3TitkZz09 Telephone:

Dial: +1 669 900 6833
Meeting ID: 841 8602 3958
Passcode: 086169
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City Council/CSA/CPFA/CHA Agenda Tuesday November 15, 2022

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

Note:

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

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

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

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

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

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—CLOSED SESSION
6:30 PM – WILL NOT BE HELD

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—OPEN SESSION
7:30 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

PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Allen

INVOCATION
Given by Covina Police Chaplain David Truax

PRESENTATIONS
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City Council/CSA/CPFA/CHA Agenda Tuesday November 15, 2022

PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.

CITY MANAGER COMMENTS

CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.

CC 1. Minutes
Staff Recommendation:

Approve the Minutes of the November 1, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
2022 11 01 Minutes CC - Regular Meeting
CC 2. Payment of Demands
Staff Recommendation:

Approve Payment of Demands in the amount of $2,105,740.71 Agenda Report - CC 2 - Pdf
CC 3. Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Staff Recommendation:

Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.

Agenda Report - CC 3 - Pdf
CC 4. 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 DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday November 15, 2022 (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:

Adopt on second reading Ordinance 22-18 "An ordinance of the City Council of the City of Covina, California, Approving a Zone Change (ZCH) 22-005, to Change the Zoning Classification for One Parcel From C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), Consistent with the General Plan and Land Use Designation of Low Density Residential, and Making a Determination of Exception Under CEQA, for the Property Located at 1909 East Covina Boulevard – APN: 8401-016-043".

Agenda Report - CC 4 - Pdf
CC 5. Approval of Salary Range Adjustments for Classifications Subject to the State Mandated Minimum Wage Increase for the 2023 Calendar Year as Per Labor Code Section 1182.12(c)(3)(A)
Staff Recommendation:

Approve Salary Range Adjustments for Classifications Subject to the State Mandated Minimum Wage Increases for Calendar years 2023, As Per Labor Code Section 1182.12(c)(3)(A).

Agenda Report - CC 5 - Pdf
CC 6. Confirm and Approve City Council Appointment to the Library Board of Trustees Staff Recommendation:

Approve City Council appointment of Deborah Moraza to the Library Board of Trustees.

Agenda Report - CC 6 - Pdf
CC 7. Resolution Accepting Grant Funding from the Department of Justice, Edward Byrne Memorial Justice Assistance Grant Fiscal Year 2022-23
Staff Recommendation:

1. Adopt Resolution CC 2022-122 accepting grant funding from the Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) 2022 in the amount of $13,062 and increasing the Police Department Fiscal Year 2022- 23 budget by the same amount for the City of Covina Police Department Youth Accountability Board Program; and

2. Authorize the City Manager or his designee to execute the grant documents on behalf of the City of Covina.

Agenda Report - CC 7 - Pdf
CC 8. City of Covina Investment Report for Month ended September 30, 2022 Staff Recommendation:

Receive and File.

Agenda Report - CC 8 - Pdf
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City Council/CSA/CPFA/CHA Agenda Tuesday November 15, 2022 CC 9. Approve Resolution CC 2022-123 to Increase the Operations Motor Vehicle Budget and Purchases a New Vehicle for the Police Department Fleet Staff Recommendation:

1. Adopt Resolution CC 2022-123 to increase the Central Equipment Operations Motor Vehicle FY 2022-23 budget; and

2. Purchase of a vehicle in the amount of $36,917.91 and waive bidding requirements.

Agenda Report - CC 9 - Pdf
CC 10. Agreement Between City of Covina and Contemporary Services Organization (CSC) for Event Traffic and Crowd Control
Staff Recommendation:

1. Approve agreement between the City of Covina and Contemporary Services (CSC) for event traffic and crowd control; and

2. Authorize the City Manager or his designee to execute the agreement on behalf of the City of Covina.

Agenda Report - CC 10 - Pdf
CC 11. Nunc Pro Tunc Minor Correction to Ordinance 22-12 and Ordinance 22-13 to Include Exhibit B, Final Mitigated Negative Declaration (MND), and Exhibit C, Mitigation Monitoring and Reporting Program
Staff Recommendation:

Adopt Resolution CC 2022-124 Nunc Pro Tunc, A Resolution of the City Council of the City of Covina, California Correcting Clerical Errors in Ordinance 22-12 Regarding Zoning Code Amendment (ZCA) 22-03 and Ordinance 22-13 Regarding Zone Change (ZCH) 22-03 and Zoning Map Amendment Relating to the Mixed-Use Overlay District and the Affordable Housing Mixed-Use Overlay District, consistent with the Council’s intent in adopting the Ordinances, including the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Agenda Report - CC 11 - Pdf
CC 12. Memorandum of Understanding Between the City and Charter Oak Unified School District Related to the Improvement and Joint Use of School Site Athletic Field Facilities
Staff Recommendation:

That the City Council authorize the City Manager to execute a Memorandum of Understanding with Charter Oak Unified School District.

Agenda Report - CC 12 - 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, December 6, 2022 at 6:30 p.m. for closed DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday November 15, 2022 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 November 15, 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, November 1, 2022 MINUTES OF NOVEMBER 1, 2022

REGULAR MEETING OF THE COVINA CITY COUNCIL/SUCCESSOR AGENCY TO

THE COVINA REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY HELD IN THE COUNCIL CHAMBER OF CITY HALL, 125 EAST COLLEGE STREET, COVINA, CALIFORNIA AND

VIRTUALLY VIA ZOOM
This meeting was conducted in accordance with Assembly Bill 361, regarding the COVID-19 pandemic.

CALL TO ORDER/ROLL CALL
Mayor Cortez called the Council/Agency/Authority meeting to order at 6:32 p.m. with all Councilmembers present, except for Councilmember Linares.

PUBLIC COMMENTS – None.

CLOSED SESSION
Mayor Cortez recessed the Council to Closed Session at 6:33 p.m. 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

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

CALL TO ORDER
Mayor Cortez called the Council/Agency/Authority meeting to order at 7:32 p.m. with all Councilmembers present.

Councilmember Linares was present via ZOOM.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 10 Tuesday, November 1, 2022

ROLL CALL
Councilmembers Present: Hector Delgado, John C. King, Victor Linares (VIA ZOOM), Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez.

Councilmembers Absent: None.

Elected Members Present: City Clerk Drew Aleman, City Treasurer Neil Polzin.

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 Cortez.

INVOCATION
Given by Covina Police Chaplain David Truax.

CLOSED SESSION REPORT
City Attorney Lee announced direction was given to staff and no reportable action was taken.

PRESENTATIONS
A. Pink Patch Presentation and No Shave November.

Pink Patch Presentation
Mayor Cortez announced that the first presentation will be for the Pink Patch Check Presentation and No Shave November and turned the items over to Chief Povero.

Chief Povero requested the Pink Patch crew join him. He stated that in an effort to bring awareness to breast cancer, during the month of October, Covina Police Department personnel and members of the community raised $12,000. Of the amount raised, $5,000 will be donated to the Susan G.

Komen Foundation, and $5,000 to the City of Hope. Police Chief Povero thanked the Pink Patch Project team for all their hard work and presented plaques of appreciation to Grand Printing, IRES, and H.H. Dorje Chang Buddha III Cultural and Arts Museum for their tremendous efforts in assisting with the Pink Patch Project.

No Shave November
Chief Povero asked Police Sergeant David Rodriguez, and the No Shave November team to join him. Chief Povero discussed No Shave November which is a month-long journey during which participants forgo shaving and grooming in order to evoke conversation and raise cancer awareness and asked Police Sergeant David Rodriguez to discuss the program.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 3 of 10 Tuesday, November 1, 2022 Sergeant Rodriguez said this is about the 4th or 5th year of this program. He said last year $3,000 was raised. The money raised is donated to a local cancer facility.

Chief Povero indicated there were links on the Covina Police Department website if anyone wishes to donate to this cause.

B. Law Enforcement Records and Support Personnel Day
Chief Povero announced that November 8, 2022, is Law Enforcement Records and Support Personnel Day and stated that the day is to recognize Police Records and Support Staff for their valuable and essential contributions that assist daily in the Department’s ability to serve the public and accomplish the Department’s mission. He added that their work is very much appreciated.

C. National Family Literacy Day
Mayor Cortez asked the Daughters of the American Revolution, State Literary Chair Debbie King to join her for the presentation - proclaiming November 1 as National Family Literacy Day.

Mayor Cortez read the Proclamation into the record and thanked Debbie King for all her efforts.

Debbie King explained the purpose of the Covina Chapter of the Daughters of the American Revolution – a Woman’s service organization dedicated to promoting historic preservation, education, patriotism and honoring the patriots of the revolutionary war. She added that the entire month of November is National Family Literacy Day and encouraged reading to children on a regular basis and discussed Little free libraries and how to find them. She also discussed the upcoming Field of Valor event and wreaths across America.

PUBLIC COMMENTS
Dora Gomez, Project 29:11, thanked the Mayor and City Council for attending the October 11 event and thanked Mayor Cortez for her assistance.

A representative from HH DCBIII Cultural & Art Museum spoke on behalf of the museum promoting holiday special hours.

James C. Peelgren, President of Oak Tree Walk Association, expressed concern regarding a proposed new site for a car dealership at 345 S. Citrus.

City Manager Marcarello indicated this item was to be considered at the Planning Commission last week and has been continued to a date uncertain. He added that Mr. Peelgren and members of his association will be able to express their concerns at the Planning Commission when the item is considered. In addition, he said Mr. Lee and he would reach out to Mr. Peelgren to talk about the project in more detail.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember King expressed his thanks to Parks & Recreation staff for a great Howl-o-ween and Halloween festival events.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 4 of 10 Tuesday, November 1, 2022 Councilmember Delgado thanked Chief Povero and staff for raising awareness on cancer through their work on the Pink Patch Project and No Shave November.

Mayor Pro Tem Allen expressed appreciation for the Pink Patch Project stating he lost his wife 13 years ago to breast cancer. He reported (as a board member at Emanate Health) that Emanate Health is building a huge cancer infusion center at Queen of Valley. He also expressed appreciation for a successful Halloween events and thanked the Daughters of the American Revolution for their contributions to the city and Dora Gomez for her work with Project 29:11.

Councilmember Linares reported on the Council committee meeting with Harry Basil at the Laugh Factory regarding the possibility of his company coming to the Covina playhouse.

Mayor Cortez thanked the Police Department for their efforts in promoting the Pink Patch Project and all the money being raised. In addition, she focused on future events including the upcoming Field of Valor, and Veterans’ Day event. Mayor Cortez also welcomed Chief Inman as the Covina’s new fire representative.

CITY MANAGER COMMENTS
City Manager Marcarello expressed his appreciation to everyone who helped make the two Halloween events a success including the Downtown Merchants. He also discussed the upcoming holiday lighting event in the downtown area. In addition, he thanked the community for their patience regarding the city’s paving projects.

CONSENT CALENDAR
Mayor Cortez reported Consent Calendar Item CC 15 contained the wrong attachment and that Item CC 6 will be pulled for Councilmember Linares to abstain.

A motion was made by Councilmember King, seconded by Councilmember Delgado, to approve Consent Calendar items CC 1 through CC 5 and CC 7 through CC 16 as presented.

Motion approved by roll call vote for Consent Calendar items CC 1 through CC 5 and CC 7 through CC 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/Housing Authority approved 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.

CC 2. City Council/Successor Agency to the Covina Redevelopment Agency approved Payment of Demands in the amount of $3,189,555.94.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 5 of 10 Tuesday, November 1, 2022 CC 3. City Council adopted Resolution CC 2022-115 approving the Carryover of Encumbrances and Continuing Appropriations from Fiscal Year 2021-22 to Fiscal Year 2022-23.

CC 4. City Council approved the City of Covina Investment Report for Month ended August 31, 2022.

CC 5. City Council waived full reading, and adopted on second reading 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.

CC 7. City Council approved the Traffic Signal Improvements Project at Barranca Avenue and Covina Boulevard (Project No. P2308); Awarded Contract to PTM General Engineering Services, Inc. in the Amount of $541,041; and adopted Resolution No.

CC 2022-118, appropriating $140,000 from Proposition C fund balance for the completion of Project No. P2308.

CC 8. City Council approved award of contract for City Facility Renovation Project – Covina Park Aquatic Pump Building Roof Replacement to Southland Roofing, Inc., in the amount of $68,920.

CC 9. City Council adopted 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.

CC 10. City Council approved the 2021 State Homeland Security Grant Program Subrecipient Agreement between the County of Los Angeles and the City of Covina; and purchase of cyber security equipment in an amount not to exceed $85,460; and adopted Resolution CC 2022-116 to increase the Police Department 2022-23 budget by $85,460.

CC 11. City Council adopted Resolution CC 2022-117 Increasing the Police Department 2022-23 Budget by $22,000 for the Purchase of Equipment.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 6 of 10 Tuesday, November 1, 2022 CC 12. City Council approved Amendment No. 1 to the Professional Services Agreement between the City of Covina and Liebert Cassidy Whitmore for Legal Services for fiscal year 2022-23.

CC 13. City Council accepted Sewer Relief Line Project – San Bernardino Road from 2nd Avenue to 3rd Avenue performed by GRBCON and approved- Final Acceptance and Filing Notice of Completion.

CC 14. Covina Housing Authority received and filed the Annual Report Fiscal Year 2021- 2022.

CC 15. City Council:

1. Approved the Annual Report of the Prospero Park Owners Association Business Area Enhancement District (BAED); and

2. Adopted 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.

CC 16. City Council:

1. Approved the Annual Report of the Downtown Covina Business Area Enhancement District (BAED); and

2. Adopted 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.

CONSENT CALENDAR ITEM CC 6 PULLED FOR SEPARATE DISCUSSION City Attorney Lee indicated that Councilmember Linares is abstaining to vote on this issue because of his business interests.

Councilmember Linares turned off his ZOOM for this item.

A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Allen, to approve Consent Calendar items CC 6 as presented.

Motion approved by roll call vote for Consent Calendar item CC 6 as follows:

AYES: DELGADO, KING, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: LINARES
ABSENT: NONE
CC 6. City Council waived full reading, and adopted on second reading the following ordinances:

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 DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 7 of 10 Tuesday, November 1, 2022 (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).

Councilmember Linares returned to the meeting VIA ZOOM.

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 Mayor Cortez opened the public hearing.

City Manager Marcarello indicated this item is a zoning clean up item.

Community Development Director Brian Lee indicated this item would be presented by Planning Technician Joshua Periera.

Planning Technician Periera provided an overview of the recommendation with a PowerPoint presentation.

Discussion ensued regarding the proposed number of units allowed with this update, ADUs and SB9 requirements.

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

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COUNCIL/CSA/CPFA/CHA MINUTES Page 8 of 10 Tuesday, November 1, 2022 A motion was made by Mayor Pro Tem Allen, seconded by Councilmember Delgado, to introduce, read by title only and waive further reading of Ordinance 22-18 "An ordinance of the City Council of the City of Covina, California, Approving a Zone Change (ZCH) 22-005, to Change the Zoning Classification for One Parcel From C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), Consistent with the General Plan and Land Use Designation of Low Density Residential, and Making a Determination of Exception Under CEQA, for the Property Located at 1909 East Covina Boulevard – APN: 8401- 016-043".

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

AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Attorney Lee read the title of Ordinance 22-18 into record.

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
City Manager Marcarello turned over the item to Community Development Director Lee.

Community Development Director Lee indicated Building Official Robert Fisher would be making the presentation.

Building Official Fisher provided a PowerPoint presentation containing an overview of the amendments to the 2022 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.

Building Official Fisher reported that moving into a new code cycle, starting January 1, there would also be changes to the city’s permit land management system and introduced Building Permit Technician Katrina Caro to explain the proposed system enhancements.

City Manager Marcarello stated that this is something that Katrina, Robert and Brian have been working on for six or seven months. What we are hoping to do is update our software system and make it more user friendly.

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COUNCIL/CSA/CPFA/CHA MINUTES Page 9 of 10 Tuesday, November 1, 2022 Building Permit Technician Caro provided a PowerPoint presentation with an overview of the proposed land management software. The new software will replace the current software (Tyler Tech Munis) which no longer provides updates to our current software system.

City Manager Marcarello indicated staff wanted to bring this forward for Council to preview. He added that staff will return in a couple months with a budget item to consider a software program to create a better user experience.

Councilmember King asked what code changes are going to make the biggest impact on our community.

Building Official Fisher responded indicating the greatest cost impact will be for general construction stemming from state requirements.

Discussion ensued regarding whether counter assistance would still be available, the importance of the human touch, and if paying water bills would be an available function.

There were no public comments.

A motion was made by Mayor Pro Tem Allen, seconded by Councilmember King, to

1. Introduce and waive further reading of Ordinance 22-19 "An ordinance of the City Council of 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.

Motion approved by roll call vote to approve staff recommendation for item NB 1 as follows:

AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Attorney Lee read the title of Ordinance 22-19 into record.

ADJOURNMENT
At 8:44 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, November 15, 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.

DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 10 of 10 Tuesday, November 1, 2022 Respectfully Submitted:
_______________________________
Evelyn Leach
Interim Chief Deputy City Clerk
Approved this 15th day of November, 2022:
________________________________
Patricia Cortez, Mayor/Chair
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: CC Regular Meeting - Nov 15 2022
Title: Payment of Demands
Presented By: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $2,105,740.71 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 October 14, 2022 - October 27, 2022 CITY checks/EFTs $ 1,105,517.24
CITY payroll $ 978,004.10
CITY voids $ -
Worker's Comp $ 17,736.94
$ 2,101,258.28
SACRA checks/EFTs $ 108.13
SACRA payroll $ 4,374.30
$ 4,482.43
TOTAL checks/EFTs $ 2,105,740.71
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 October 14, 2022 - October 27, 2022 Respectfully submitted,

CITY OF COVINA
Check Register
Oct 14, 2022 - Oct 27, 2022
Check # Check Date Vendor Name Amount
5849 10/27/2022 4160 ICMA RETIREMENT TRUST-IRA 30.00
5850 10/27/2022 1405 ICMA RETIREMENT TRUST-457 5,862.97 5851 10/27/2022 4003 MidAmerica 1,743.73
subtotal EFT/wires/direct deposits $7,636.70
112269 07/28/2022 3117 WONDRIES FLEET GROUP (38,589.74) 113121 09/29/2022 878 DELTA DENTAL OF CALIFORNIA (366.06) 113122 09/29/2022 4710 Fidelity Security Life Insurance Company (25.86) 113124 09/29/2022 4255 RELIASTAR LIFE INSURANCE COMPANY (38.06) 11367 10/26/2022 14 A1 RENTALS 2,845.45
11368 10/26/2022 4188 ACCO ENGINEERED SYSTEMS 2,584.34
11369 10/26/2022 3920 ACLARA TECHNOLOGIES 27,055.75
11370 10/26/2022 4983 Ad Valorem Records,Inc. 8,959.88
11371 10/26/2022 44 ADAMSON INDUSTRIES 14,804.40
11372 10/26/2022 82 AIR-BREE HEATING 265.00
11373 10/26/2022 84 AIRGAS-WEST 327.99
11374 10/26/2022 113 ALL CITY MANAGEMENT SVC 5,494.50
11375 10/26/2022 128 ALLIANT INSURANCE SERVICES INC 1,723.00 11376 10/26/2022 160 AMERICAN WEST COAST SECURITY 25.00 11377 10/26/2022 219 AT&T 481.10
11378 10/26/2022 254 AZUSA LIGHT & WATER 3,062.07
11379 10/26/2022 269 BAKER AND TAYLOR INC 704.08
11380 10/26/2022 304 BAXTER'S FRAME WORKS 193.95
11381 10/26/2022 437 BURRO CANYON ENT INC 90.00
11382 10/26/2022 477 STATE OF CA 6.00
11383 10/26/2022 568 CAT SPECIALTIES INC 978.47
11384 10/26/2022 4854 CEJ Engineers, Inc. 35,744.00
11385 10/26/2022 649 CINTAS CORP #693 560.92
11386 10/26/2022 4714 CIR, Inc. 64,129.59
11387 10/26/2022 654 CITRUS CAR WASH 179.91
11388 10/26/2022 5264 CHRISTOPHER LANCASTER 5,600.00
11389 10/26/2022 700 COLLEY FORD 37.98
11390 10/26/2022 703 COMBINED GRAPHICS 211.68
11391 10/26/2022 4225 CORELOGIC SOLUTIONS, LLC 225.00
11392 10/26/2022 765 COVINA CONCERT BAND 500.00
11393 10/26/2022 835 D & D GOLF CARS INC 1,675.80
11394 10/26/2022 849 DAPEER ROSENBLIT & LITVAK LLP 386.50 11395 10/26/2022 4960 Data Ticket, Inc. 427.50
11396 10/26/2022 3701 DEPARTMENT OF JUSTICE 616.00
11397 10/26/2022 5250 DUKE'S ROOT CONTROL, INC 5,277.14 11398 10/26/2022 970 EDISON CO 273.45
11399 10/26/2022 970 EDISON CO 454.40
11400 10/26/2022 4455 FRONTIER 298.02
11401 10/26/2022 1156 THE GAS COMPANY 1,934.88
11402 10/26/2022 4883 Glendora Employment Agency, Inc 5,717.40 11403 10/26/2022 1204 GOLDEN STATE WATER COMPANY 64.26
11404 10/26/2022 1235 GRAINGER 102.15
11405 10/26/2022 1241 GRAND PRINTING 549.16
11406 10/26/2022 1275 HAAKER EQUIPMENT CO 929.30
11407 10/26/2022 3988 LANDSCAPE WAREHOUSE III 168.03
11408 10/26/2022 1401 INTERNATIONAL CODE COUNCIL INC 187.70 11409 10/26/2022 1429 INLAND EMPIRE STAGES 1,327.87
Attachment A Page 1 of 4 Page 2 of 5

CITY OF COVINA
Check Register
Oct 14, 2022 - Oct 27, 2022
Check # Check Date Vendor Name Amount
11410 10/26/2022 1437 INTER-CON SECURITY SYSTEMS INC 10,359.58 11411 10/26/2022 4077 INTERWEST CONSULTING GROUP INC 2,775.00 11412 10/26/2022 4077 INTERWEST CONSULTING GROUP INC 15,600.00 11413 10/26/2022 1561 KEYSTONE UNIFORM DEPOT 240.78
11414 10/26/2022 1617 LA CNTY REGISTRAR RECORDER 2,623.00 11415 10/26/2022 4500 LA Gateway Region Integrated Regional Water Mgmt 1,148.76 11416 10/26/2022 1646 LANGUAGE LINE SERVICES INC 76.14
11417 10/26/2022 1707 LIEBERT CASSIDY WHITMORE 879.00
11418 10/26/2022 1710 LIFELOC TECHNOLOGIES INC 193.43
11419 10/26/2022 5265 LOTTE KITCHEN WORLD 25,000.00
11420 10/26/2022 4836 Lucius Williams 140.25
11421 10/26/2022 1792 MANNING & MARDER KASS, 24,409.78
11422 10/26/2022 4874 MARIA E. VELOSCO BEDRAN 3,095.84
11423 10/26/2022 1860 SSD SYSTEMS 302.79
11424 10/26/2022 4572 Medical Cost Containment Services 3,150.00 11425 10/26/2022 4406 MORITA, DUANE A 2,125.00
11426 10/26/2022 5223 NATEC INTERNATIONAL, INC 1,150.00 11427 10/26/2022 5181 NBS Government Finance Group 3,780.00 11428 10/26/2022 5169 Occupational Health Centers of California 232.50 11429 10/26/2022 2101 OCLC 1,606.88
11430 10/26/2022 5228 ODP BUSINESS SOLUTIONS, LLC 503.26 11431 10/26/2022 99999 ANDREW ASCENCIO 970.00
11432 10/26/2022 99999 ANGUS O'BRIEN 4,635.00
11433 10/26/2022 99999 ELA FOODS, INC 5,440.00
11434 10/26/2022 99999 FC COVINA PROPERTY LLC 16,625.00 11435 10/26/2022 99999 JAN JANCZAK 26.88
11436 10/26/2022 99999 JANE HOLMQUIST 24.00
11437 10/26/2022 99999 KYLE HULSEY 112.42
11438 10/26/2022 99999 MARK LOPEZ 273.00
11439 10/26/2022 99999 MERITAGE HOMES OF CALIFORNIA 29,069.07 11440 10/26/2022 99999 RUBEN GUTIERREZ 3,041.08
11441 10/26/2022 99999 SEAN BUCHANAN 60.00
11442 10/26/2022 99999 SERGIO GOMEZ 2,100.00
11443 10/26/2022 99999 THOMAS REESE 5.00
11444 10/26/2022 99999 Wu Construction 1,200.00
11445 10/26/2022 2134 ORKIN PEST CONTROL 141.00
11446 10/26/2022 4571 POWER SECURITY GROUP INC 11,942.00 11447 10/26/2022 2345 QUILL 74.96
11448 10/26/2022 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 297.62 11449 10/26/2022 2415 REPUBLIC MASTER CHEFS 313.04
11450 10/26/2022 3796 RICHARDS, WATSON & GERSHON 147.50 11451 10/26/2022 4350 RKA Consulting Group 82,011.46
11452 10/26/2022 4201 OFFICE TEAM - A ROBERT HALF COMPANY 4,455.00 11453 10/26/2022 2619 SGV EXAMINER 2,634.50
11454 10/26/2022 5147 SHAW INDUSTRIES, INC. 13,656.45
11455 10/26/2022 2646 SHOWCASES 324.00
11456 10/26/2022 2667 SIRSIDYNIX 27,365.45
11457 10/26/2022 2683 SMITH, KRYSTAL 83.60
11458 10/26/2022 4389 EMPLOY AMERICA 2,322.00
11459 10/26/2022 2714 SOUTHERN CA GAS CO ML711D 1,000.00 11460 10/26/2022 2719 SPARKLETTS 103.78
Attachment A Page 2 of 4 Page 3 of 5

CITY OF COVINA
Check Register
Oct 14, 2022 - Oct 27, 2022
Check # Check Date Vendor Name Amount
11461 10/26/2022 4738 Support Solutions, Inc. 4,575.40
11462 10/26/2022 2804 TAG AMS INC 111.00
11463 10/26/2022 2855 CHARTER COMMUNICATION 397.04
11464 10/26/2022 3185 TOSHIBA AMERICA BUSINESS SOLUTIONS 137.76 11465 10/26/2022 4764 UniFirst Corporation 574.22
11466 10/26/2022 4247 UNITED WATER WORKS INC 980.57
11467 10/26/2022 4065 VERIZON BUSINESS SERVICES 1,657.10 11468 10/26/2022 3004 VICTORY EXTERMINATING INC 65.00
11469 10/26/2022 3052 WATERLINE TECHNOLOGIES INC 2,812.46 11470 10/26/2022 4743 TREMCO/WEATHERPROOFING TECHNOLOGIES, INC. 15,272.88 11471 10/26/2022 4817 Weck Analytical Environmental Services, Inc. 500.00 11472 10/26/2022 3070 WEST COAST ARBORISTS INC 36,065.00 11473 10/26/2022 3078 THOMSON REUTERS - WEST 431.58
11474 10/26/2022 3108 Wills Automotive 50.00
11475 10/26/2022 3117 WONDRIES FLEET GROUP 38,589.74
11476 10/26/2022 3155 ZAVALA, ANTONIO 170.64
113310 10/19/2022 5000 Advanced Applied Engineering, Inc. 12,603.00 113311 10/19/2022 123 WALTER ALLEN III 54.00
113312 10/19/2022 217 ASTRA INDUSTRIAL SERVICES 582.99
113313 10/19/2022 219 AT&T 806.04
113314 10/19/2022 219 AT&T 77.40
113315 10/19/2022 219 AT&T 72.83
113316 10/19/2022 221 AT&T 200.00
113317 10/19/2022 254 AZUSA LIGHT & WATER 107.86
113318 10/19/2022 381 BOOMERANG BLUEPRINT 112.38
113319 10/19/2022 477 STATE OF CA 982.01
113320 10/19/2022 477 STATE OF CALIFORNIA 535.50
113321 10/19/2022 749 THE COUNSELING TEAM 199.00
113322 10/19/2022 783 CITY OF COVINA WATER 452.97
113323 10/19/2022 5139 Crown Castle Fiber LLC 925.00
113324 10/19/2022 970 EDISON CO 45,525.84
113325 10/19/2022 5053 ENVIRONMENTAL SCIENCE ASSOCIATES 1,313.75 113326 10/19/2022 1055 FEDEX 148.65
113327 10/19/2022 4455 FRONTIER 1,038.41
113328 10/19/2022 1156 THE GAS COMPANY 5,625.78
113329 10/19/2022 3163 GENTRY BROTHERS INC 136,607.61
113330 10/19/2022 1204 GOLDEN STATE WATER COMPANY 109.45 113331 10/19/2022 4432 GONZALEZ GOODALE ARCHITECTS 187,972.90 113332 10/19/2022 1241 GRAND PRINTING 66.15
113333 10/19/2022 4979 GRBCON, Inc. 15,897.75
113334 10/19/2022 1387 HUNTER, JOHN L. 8,557.20
113335 10/19/2022 5136 Innovative Playgrounds Company, Inc. 612.58 113336 10/19/2022 1612 LA CNTY DEPT OF PUBLIC WORKS 2,580.23 113337 10/19/2022 1614 LA CNTY FIRE DEPARTMENT 3,500.00 113338 10/19/2022 1619 LA CNTY SHERIFF'S DEPT 769.11
113339 10/19/2022 4694 Leslie's Poolmart Inc 534.81
113340 10/19/2022 4836 Lucius Williams 701.25
113341 10/19/2022 4833 Michael R. Hillmann 2,730.00
113342 10/19/2022 4824 Occu-Med, Ltd. 2,315.80
113343 10/19/2022 99999 BENJAMIN ROMERO 192.00
113344 10/19/2022 99999 JENNIFER MCDOWELL 6.05
Attachment A Page 3 of 4 Page 4 of 5

CITY OF COVINA
Check Register
Oct 14, 2022 - Oct 27, 2022
Check # Check Date Vendor Name Amount
113345 10/19/2022 99999 JENNIFER MCDOWELL 192.00
113346 10/19/2022 99999 JOSEPH SEYLANI 135.07
113347 10/19/2022 4688 PCAM, LLC 38,690.19
113348 10/19/2022 4934 Peter Joseph Bucknam 3,217.50
113349 10/19/2022 2335 PYRO-COMM SYSTEMS INC 135.00
113350 10/19/2022 3735 QUADIENT LEASING USA, INC. 851.29 113351 10/19/2022 2345 QUILL 235.88
113352 10/19/2022 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 1,184.59 113353 10/19/2022 3796 RICHARDS, WATSON & GERSHON 12.26 113354 10/19/2022 4350 RKA Consulting Group 1,780.00
113355 10/19/2022 2736 STAPLES BUSINESS ADVANTAGE 197.54 113356 10/19/2022 2855 CHARTER COMMUNICATION 120.50
113357 10/19/2022 4558 TONON ATTORNEY SERVICE 1,128.37
113358 10/19/2022 4558 TONON ATTORNEY SERVICE 115.02
113359 10/19/2022 2913 TT TECHNOLOGIES INC 740.79
113360 10/19/2022 2935 UNDERGROUND SERVICE ALERT 275.92 113361 10/19/2022 4764 UniFirst Corporation 561.85
113362 10/19/2022 4247 UNITED WATER WORKS INC 1,354.31
113363 10/19/2022 3001 VERIZON WIRELESS 6,293.61
113364 10/19/2022 3004 VICTORY EXTERMINATING INC 65.00
113365 10/19/2022 4945 WS Pave, Inc. 11,980.00
113366 10/19/2022 3134 XEROX CORPORATION 745.29
113367 10/27/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 3,699.38 113368 10/27/2022 69 AFSCME District Council 36 698.26
113369 10/27/2022 3846 CLEA 958.50
113370 10/27/2022 775 COVINA POLICE ASSOCIATION 3,100.00 113371 10/27/2022 878 DELTA DENTAL OF CALIFORNIA 8,419.38 113372 10/27/2022 878 DELTA DENTAL OF CALIFORNIA 366.06 113373 10/27/2022 4710 Fidelity Security Life Insurance Company 908.95 113374 10/27/2022 4710 Fidelity Security Life Insurance Company 25.86 113375 10/27/2022 1106 FRANCHISE TAX BOARD 300.00
113376 10/27/2022 3795 PRE-PAID LEGAL SERVICES, INC 126.03 113377 10/27/2022 2235 PERS LONG TERM CARE PROGRAM 191.04 113378 10/27/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,270.84 subtotal checks $1,097,988.67
voids (prior to current mo.) $ -
payroll (10/27/22) $ 982,378.40
payroll $ -
workers' compensation $ 17,736.94
TOTAL checks/EFTs $2,105,740.71
Attachment A Page 4 of 4 Page 5 of 5

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: CC Regular Meeting - Nov 15 2022
Title: Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Presented By: Chris Marcarello, City Manager
Recommendation: Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.

EXECUTIVE SUMMARY:

This item is on the agenda so that the City Council and the other legislative bodies of the City, including the Successor Agency to the Covina Redevelopment Agency, the Covina Public Financing Authority, the Covina Housing Authority, the Planning Commission, the Parks and Recreation Commission, the Traffic and Parking Advisory Commission, the Finance Advisory Commission and the Library Board of Trustees (collectively “City’s Other Legislative Bodies”) may meet virtually pursuant to Assembly Bill (“AB”) 361’s special Brown Act requirements for teleconference meetings. These special requirements give local public agencies greater flexibility to conduct teleconference meetings when there is a declared state of emergency and either social distancing is mandated or recommended, or when the legislative body determines an in-person meeting would present imminent risks to the health and safety of attendees.

BACKGROUND:

On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021.

On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, the Governor signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled to be repealed on January 1, 2024.

An agency may hold a public meeting under AB 361 under certain specified circumstances, including if it is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. As discussed below, the declared emergency is still in effect and Los Angeles County officials recommend measures to promote social distancing.

In order for a local public agency to continue to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, the legislative body must find that such emergency continues to directly impact the ability of the legislative body’s members to meet in person.

Alternatively, for the second finding, the legislative body must find that state or local officials continue to impose or recommend social distancing measures. These findings must be made again within 30 days and on a monthly basis thereafter.

The City Council last made these findings on October 18, 2022.

DISCUSSION:

The City Council and the City’s Other Legislative Bodies have met remotely or in a hybrid meeting format throughout the pandemic to protect the health and safety of the public and staff pursuant to these requirements.

The factual circumstances exist for the City to hold meetings pursuant to AB 361. The declared emergency is still in effect. Furthermore, Los Angeles County officials recommend measures to promote social distancing. The Los Angeles County Department of Public Health Order Responding Together at Work and in the Community recommends physical distancing. The County Health Department encourages people at risk for severe illness or death from COVID-19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing and that people maintain physical distancing to prevent COVID transmission in public settings. See http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferReturnWorkCommunity.pdf and http://publichealth.lacounty.gov/acd/ncorona2019/docs/PreventionPublicSettings.pdf.

Therefore, staff recommends the City Council approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to be conducted remotely in accordance with AB 361 and subject to the special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state or local officials continue to recommend measures to promote social distancing.

If the Council makes the findings and confirms that the City's Legislative Bodies will be meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, the City Council should make these findings again within 30 days to continue to be subject to the AB 361 special Brown Act requirements.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.

Respectfully submitted,

Page 2 of 3 ends

Page 3 of 3 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: CC Regular Meeting - Nov 15 2022
Title: Ordinance 22-18 for Zone Change (ZCH) 22-005, a Request to Change the Official Zoning Map of the City of Covina Changing the Zoning District from C-2 (Commercial Zone) to R-1-7,500 (Single Family Residential), for the Property Located at 1909 East Covina Boulevard - APN: 8401-016-043
Presented By: Brian K. Lee, Director of Community Development Recommendation: Adopt on second reading Ordinance 22-18 "An ordinance of the City Council of the City of Covina, California, Approving a Zone Change (ZCH) 22-005, to Change the Zoning Classification for One Parcel From C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), Consistent with the General Plan and Land Use Designation of Low Density Residential, and Making a Determination of Exception Under CEQA, for the Property Located at 1909 East Covina Boulevard – APN:
8401-016-043".

EXECUTIVE SUMMARY / BACKROUND:

Ordinance 22-18 (Attachment A) was approved at introduction by a 5-0 vote of the City Council at the November 1, 2022, City Council Meeting.

DISCUSSION:

It is recommended that City Council adopt on second reading Ordinance 22-18 entitled, “An ordinance of the City Council of the City of Covina, California, Approving a Zone Change (ZCH) 22-005, to Change the Zoning Classification for One Parcel From C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), Consistent with the General Plan and Land Use Designation of Low Density Residential, and Making a Determination of Exception Under CEQA, for the Property Located at 1909 East Covina Boulevard – APN: 8401-016-043".

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 22-18
Respectfully submitted,

Page 2 of 9 ends

ORDINANCE 22-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH) 22-005, TO

CHANGE THE ZONING CLASSIFICATION FOR ONE PARCEL FROM
C-2 (COMMERCIAL ZONE (NEIGHBORHOOD SHOPPING CENTER)
TO R-1-7,500 (SINGLE FAMILY RESIDENTIAL), CONSISTENT WITH

THE GENERAL PLAN AND LAND USE DESIGNATION OF LOW

DENSITY RESIDENTIAL, AND MAKING A DETERMINATION OF
EXCEPTION UNDER CEQA, FOR THE PROPERTY LOCATED AT 1909
EAST COVINA BOULEVARD – APN: 8401-016-043
WHEREAS, Chapters 17.06 and 17.80 of the Covina Municipal provides the procedures and administration of amendments and changes to the Zoning Map; and WHEREAS, City staff prepared this Ordinance 22-18, which proposes to amend the Official Zoning Map of the City of Covina by changing the Zoning Classification from C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential) for the property located at 1909 East Covina Blvd, CA 91724 APN: 8401-016-043); and WHEREAS, notice of the public hearing for the Zone Change was published in the San Gabriel Valley Examiner on the 15th of September, 2022, in accordance with CMC Section

17.80.120 B. 1. All persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles, as owning property within 300 feet from the exterior boundaries of the subject properties were mailed the public hearing notices in accordance with CMC Section

17.80.120 B. 2.; and
WHEREAS, Sections 17.80.080 to 17.80.130 of the Covina Municipal Code (CMC) have been complied with in the consideration of Zone Change (ZCH) 22-005; and WHEREAS, on September 27, 2022, the Planning Commission held a public hearing, at which time City Staff an interested persons had an opportunity to and did testify either in support of or against this matter; and
WHEREAS, on November 1, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zone Change (ZCH) 22-005.

The City Council considered any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change. Following consideration of the entire record of information received at the public hearing, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Page 3 of 9 ends

Ordinance 22-18 Page 2 of 4
SECTION 1. On September 27, 2022, the Planning Commission held a duly noticed public hearing regarding the proposed Zone Change, and following the receipt of public testimony, closed the hearing and adopted Resolution No. 22-018 PC, recommending that the City Council approve the proposed Zone Change by adoption of this Ordinance.

SECTION 2. On November 1, 2022, the City Council conducted a duly noticed public hearing regarding the proposed Zone Change, and following the receipt of public testimony, closed the hearing.

SECTION 3. The City Council, based on its own independent judgement, has determined that pursuant to the requirements of the California Environmental Quality Act (CEQA) and the state CEQA Guidelines, the proposed Zone Change 22-005 is a project that would not directly or indirectly cause physical change as a result of discretionary approval. Section 15061(b)(3) (Review for Exemption) requires that the Lead Agency make a determination whether the project is exempt from CEQA prior to an initial study. The proposed zone change is not in conjunction with plans or permit applications that will either construct or demolish structures. Approval of the zone does not authorize developments that may have a significant effect on the environment. Per Section 15061(b)(3) of the CEQA Guidelines, the project is exempt from CEQA since it is not a project that would have potential for causing a significant effect on the environment.

SECTION 4. The City Council of the City of Covina does hereby find, determine and declare that the proposed Zone Change complies with the General Plan objectives and policies:
a. The proposed Zone Change reduces inconsistencies between the General Plan and the Zoning Map under the Land Use Element Section II. B.2.j of the General Plan; and
b. The proposed Zone Change is a procedural matter to achieve internal consistency between General Plan and Zoning Map as allowed by Section V Programs/Implementation Measures B1 of the Land Use Element.

SECTION 5. Zone Changes Approval. The City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-005, a request to change the Official Zoning Map of the City of Covina changing the Zoning District from C-2 (Commercial Zone (Neighborhood Shopping Center) to R-1-7,500 (Single Family Residential), consistent with the General Plan and land use designation of Low Density Residential, for the property located at 1909 East Covina Boulevard - APN: 8401-016-043. Further, the City Council hereby directs the Director of Community Development to cause the amendment of the Official Zoning Map of the City of Covina to reflect ZCH 22-005.

SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Page 4 of 9 ends

Ordinance 22-18 Page 3 of 4
SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

SECTION 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage.

SECTION 9. Zoning Map. Section 17.06.050 of the CMC provides that the City Clerk record all amendments and changes to the zoning map within 48 hours after such amendments or changes become effective.

SECTION 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

SECTION 11. Notification. Within 30 days of the effective date of this Ordinance, the City Clerk shall notify the Los Angeles County Assessor of passage and adoption of this Ordinance in accordance with Section 65863.5 of the Government Code.

PASSED, APPROVED and ADOPTED this __th day of _______, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:

FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

Page 5 of 9 ends

Ordinance 22-18 Page 4 of 4

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-18 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 6 of 9 ends

Ordinance 22-18 Exhibit A
EXHIBIT “A”

ZONING MAP LAND USE

Page 7 of 9 ends

EXHIBIT A-1
1909 E. Covina Boulevard
Existing Zone: C-2 Commercial Zone (Neighborhood Shopping Center)

Page 8 of 9 ends

EXHIBIT A-2
1909 E. Covina Boulevard
Proposed Zone Change to R-1-7,500 (Single Family Residential)

Page 9 of 9 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: CC Regular Meeting - Nov 15 2022
Title: Approval of Salary Range Adjustments for Classifications Subject to the State Mandated Minimum Wage Increase for the 2023 Calendar Year as Per Labor Code Section 1182.12(c)(3)(A)
Presented By: Suzanne Stone, Human Resources Manager
Recommendation: Approve Salary Range Adjustments for Classifications Subject to the State Mandated Minimum Wage Increases for Calendar years 2023, As Per Labor Code Section 1182.12(c)(3)(A).

EXECUTIVE SUMMARY:

On July 27, 2022, the Director of the Department of Finance for the State of California certified that based on the annual inflation rate from July 1, 2021, through June 30, 2022, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour for all employees, regardless of the number of workers employed by the employer. This is a fifty (50) cent per hour increase from calendar year 2022.

Human Resources is requesting City Council approval to increase the minimum wage for affected City job classifications as of January 1, 2023, and as per Labor Code section 1182.12(c)(3)(A). This affects salaries for part time positions that are currently under the minimum wage amount of $15.50 per hour and also salaries for part time positions in an identified job family that will be affected by compaction issues when the new minimum wage amount is implemented.

BACKGROUND:

On December 3, 2019, City Council approved salary rate adjustments for classifications subject to the state mandated minimum wage increases for calendar years 2020, 2021, and 2022. This was the result of SB3, which was signed by Governor Edmund G. Brown, Jr. on April 4, 2016, making California the first state in the nation to sign landmark legislation committed to gradually raising the minimum wage to $15 per hour statewide. The minimum wage rate was initially raised to $12.00 per hour on January 1, 2019 for businesses with 26 or more employees, and continued to rise by $1.00 each year until reaching $15 per hour on January 1, 2022. SB3 provided increases up through calendar year 2022.

Subsequently, on July 27, 2022, the Director of the Department of Finance for the State of California increased the hourly minimum wage to $15.50 an hour for employers of any size under Labor Code section 1182.12(c)(3)(A), effective January 1, 2023. The Revised Part Time Salary Schedule is included as Attachment A.

DISCUSSION:

The City has seven (7) part time job classifications subject to the 2023 minimum wage increase, wherein Step One of the respective range is currently below $15.50 per hour. Step One of the classifications of Administrative Intern, Community Resources Aide, Engineering Intern, Library Page Shelver, Police Cadet, and Student Aide is currently at $15.00 per hour and Step One of the classification of Community Resources Assistant I is $15.45 per hour. The proposed new ranges in order for the salary steps for these classifications to meet the State’s new minimum wage increase as of January 1, 2023 are as follows:

Classification Salary Steps
1 2 3 4 5
Administrative
Intern $15.50 $16.28 $17.09 $17.94 $18.84
Community
Resources Aide
Engineering
Intern
Library Page
Shelver
Police Cadet
Student Aide
Community
Resources
Assistant I
$15.97 $16.76 $17.60 $18.48 $19.41
Additionally, the City has three (3) other part time classifications that will be impacted by these increases, causing a salary compaction issue because they are within the same job family. In order to provide a consistent salary variance between classifications that are within the same job family, staff recommends that following the salary ranges be adjusted:

Classification Salary Steps
1 2 3 4 5
Community
Resources
Assistant II
$16.92 $17.77 $18.66 $19.59 $20.57
Community
Resources
Specialist
$18.62 $19.55 $20.52 $21.55 $22.63
Library Clerk $17.05 $17.90 $18.80 $19.74 $20.72
FISCAL IMPACT:

The minimum wage increase to $15.50 per hour directly affects six (6) part-time employees. In addition, there are thirty-eight (38) employees who will be affected due to compaction issues that increase the salaries of the Community Resources Assistant II, Community Resources Specialist, and Library Clerk classifications. The fiscal impact is ultimately dependent upon the number of hours worked, and the increases will primarily affect the Parks & Recreation Department budget, with minimal impact to other City departmental budgets. Staff estimates that the 2023 increase to personnel costs including all salary step increases proposed will be approximately $18,021 ($13,279 in Parks & Recreation, and $5,762 in the Library), and will be initially absorbed in the Departments’ current budget by utilizing salary savings from vacant positions. Any additional funding required will be requested in the mid-year budget update. Funding for subsequent years will be determined as part of the annual budget process.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

Page 2 of 5 ends

ATTACHMENTS:

Attachment A- Part Time Salary Schedule Effective 01 01 2023 Respectfully submitted,

Page 3 of 5 ends

CITY OF COVINA
SALARY SCHEDULE PART‐TIME
EFFECTIVE JANUARY 1, 2023

DESCRIPTION STEP HOURLY
9040 ADMINISTRATIVE INTERN 1 15.50 $
2 16.28 $
3 17.09 $
4 17.94 $
5 18.84 $
9054 BACKGROUND INVESTIGATOR 1 27.47 $
2 28.84 $
3 30.29 $
4 31.80 $
5 33.39 $
9130 CITY RESOURCE SPECIALIST 25.00 $
‐
$ 105.00
9090 COMMUNITY RESOURCES AIDE 1 15.50 $
2 16.28 $
3 17.09 $
4 17.94 $
5 18.84 $
9100 COMMUNITY RESOURCES ASSISTANT I 1 15.97 $
2 16.76 $
3 17.60 $
4 18.48 $
5 19.41 $
9110 COMMUNITY RESOURCES ASSISTANT II 1 16.92 $
2 17.77 $
3 18.66 $
4 19.59 $
5 20.57 $
9120 COMMUNITY RESOURCES SPECIALIST 1 18.62 $
2 19.55 $
3 20.52 $
4 21.55 $
5 22.63 $
9355 CUSTODIAN 1 15.74 $
2 16.53 $
3 17.35 $
4 18.22 $
5 19.13 $

Page 4 of 5 ends

CITY OF COVINA
SALARY SCHEDULE PART‐TIME
EFFECTIVE JANUARY 1, 2023

DESCRIPTION STEP HOURLY
9150 ENGINEERING INTERN 1 15.50 $
2 16.28 $
3 17.09 $
4 17.94 $
5 18.84 $
9180 LIBRARY CLERK 1 17.05 $
2 17.90 $
3 18.80 $
4 19.74 $
5 20.72 $
9091 LIBRARY PAGE SHELVER 1 15.50 $
2 16.28 $
3 17.09 $
4 17.94 $
5 18.84 $
9220 OVERNIGHT ENFORCEMENT OFFICER 1 18.99 $
2 19.94 $
3 20.94 $
4 21.98 $
5 23.08 $
9230 PARK MAINTENANCE ASSISTANT 1 16.35 $
2 17.17 $
3 18.03 $
4 18.93 $
5 19.87 $
9265 POLICE CADET 1 15.50 $
2 16.28 $
3 17.09 $
4 17.94 $
5 18.84 $
9260 RESERVE POLICE OFFICER 1 20.00 $
9340 STUDENT AIDE 1 15.50 $
2 16.28 $
3 17.09 $
4 17.94 $
5 18.84 $

Page 5 of 5 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: CC Regular Meeting - Nov 15 2022
Title: Confirm and Approve City Council Appointment to the Library Board of Trustees Presented By: Chris Marcarello, City Manager
Evelyn Leach, Interim Chief Deputy City Clerk
Recommendation: Approve City Council appointment of Deborah Moraza to the Library Board of Trustees.

EXECUTIVE SUMMARY / BACKROUND:

Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. By advising the City Council and staff, bringing new ideas to the table, and representing all of the diverse elements of our community, advisory bodies assist the City Council in making the best, most informed decisions possible, for the benefit of the entire Covina community. The Covina Municipal Code provides for the establishment of advisory bodies including commissions, committees, and boards to advise the City Council and provide ongoing citizen input into policies and issues affecting the Covina community.

DISCUSSION:

Appointed members of boards and commissions serve at the pleasure of the City Council, pursuant to Government Code Section 36506. The City Council shall have the authority to appoint, reappoint, and/or make changes to existing positions.

The following action is being considered for approval:

Mayor Cortez to:
• Appoint Deborah Moraza to the Library Board of Trustees for a 3-year term ending June 30, 2025.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Moraza, Deborah Application
Respectfully submitted,

Page 2 of 3 ends

City of Covina
‘
" Board and Commission. Member Applicatifp?rag ’ C-0Vl.'H'TA Instructions: Complete this application and return it to the City Clerk's Of?ce, 125 E.C§3Egemtfeet7Co ' a'CA"91723.

Ifyou have any questions please contact the City Clerk's Office at [email protected] or (626) 38 - 7 Board or Commission applying for: City of Covina Public Library Board of Trustees isthis an application for re-appointment? Yes: I: No: E First Name: Deborah Last Name: Moraza
Home Address; 712 N Fourth Ave, Covina
Home Phone Number: Cell Phone Number: 626 7054 882
Email: [email protected]
Business Name: Occupation: Retired
Business Address: Business Phone Number:

Why doyou wish to serve the City? Covina has been my home for almost 30 years. I look fonrvard to supporting my community as a Library Board Member representing Council Member Hector Delgado
What experience or education have you had relative to this ?eld? I am an active public library patron and have been for over 60 years.

What other City Boards, Commissions, or Committees have you served? l had the previlage Ofworking for the City of El Monte for over 40 years where l retired as the Transportation Services Manager. Most recently, Iworked 14 years as an El Monte police volunteer sergeant.

To what civic service organizations do you belong? I am 3 46+ year V0lUnt39|' Withthe American Red Cross. I am still an active volunteer working in many capasities at the local, state and national level.

How did you become interested in this field? I have loved the librarysince my early childhood when Mom would walk us 2 miles, every week, to the neighborhood library.

Willyou be able to attend all Board or Commission meetings? Yes: ! No:

Are you willing to ?le a state ?nancial disclosure statement as required? Yes: 5 No:

Are you willing to complete the AB1234 EthicsTraining as required? Yes: - No:
if you answered no to any of the above questions, please explain:

Signature ofApp|icant:

A We Date: OC-1-"Cher 14.2022
*Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process.Page 3 of 3

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Nov 15 2022
Title: Resolution Accepting Grant Funding from the Department of Justice, Edward Byrne Memorial Justice Assistance Grant Fiscal Year 2022-23
Presented By: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2022-122 accepting grant funding from the Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) 2022 in the amount of $13,062 and increasing the Police Department Fiscal Year 2022-23 budget by the same amount for the City of Covina Police Department Youth Accountability Board Program; and

2. Authorize the City Manager or his designee to execute the grant documents on behalf of the City of Covina.

EXECUTIVE SUMMARY / BACKROUND:

On the August 16, 2022, City Council meeting, a Public Hearing was held to inform the City Council and the public about the intended use of these grant funds. On September 22, 2022, notification was received from the Department of Justice informing the City of Covina Police Department that the grant application was approved.

The 2022 JAG funding will be used to continue funding the part-time Community Services Officer assigned to manage the Youth Accountability Board.

DISCUSSION:

Previous JAG allocations have been used to fund the part-time Community Services Officer (CSO) position assigned to manage the Youth Accountability Board (YAB). This newest appropriation of JAG 2022 ($13,062) will do the same but as part of a larger endeavor. The tasks that the CSO performs will now include Preventive Juvenile Diversion, Victims advocacy, and neighborhood watch /Crime Prevention.

FISCAL IMPACT:

The adoption of Resolution CC 2022-122 will increase the Police Department's revenue account 2271-1120- 42080 by $13,062 and the expenditure account 2271-1120-50015 by $13,062 which is the amount awarded to the Police Department.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

ATTACHMENTS:

Attachment A - Resolution CC 2022-122
Respectfully submitted,

Page 2 of 4 ends

RESOLUTION CC 2022-122

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

CALIFORNIA, ACCEPTING GRANT FUNDING FROM THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 2022 IN THE AMOUNT OF $13,062 AND INCREASING THE POLICE DEPARTMENT
FISCAL YEAR 2022-23 BUDGET BY THE SAME AMOUNT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina has been awarded the Edward Byrne Memorial Justice Assistance Grant (JAG 22) in the amount of $13,062; and WHEREAS, this award will help the Youth Accountability Board; and WHEREAS, utilizing this allocation will increase the Police Department’s appropriation by $13,062 and revenue accounts by the same amount; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. Amend the fiscal year 2022-23 Police Department Budget as follows:

SECTION 2. Authorize the City Manager or his designee to sign all necessary documents associated with this grant including agreements, assurances, prepared invoiced to obtain the grant funds.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

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

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
Account Number Account Title Original Budget Increase Amended Budget 2271 1120 42080 JAG 22 JAG 22 Grant 0 13,062 $ 13,062 $ 2271 1120 50015 JAG 22 Jag 22 Part‐time 0 13,062 $ 13,062 $

Page 3 of 4 ends

Resolution CC 2022-122 Page 2 of 2
ATTEST:
___________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-122 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th 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

Page 4 of 4 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: CC Regular Meeting - Nov 15 2022
Title: City of Covina Investment Report for Month ended September 30, 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 September 30, 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 September 30, 2022 Attachment A-1-City - Cash and Investment Summary
Attachment A-Agency- Investment Report for the Month Ended September 30, 2022 Attachment A-1-Agency- Cash and Investment Summary
Attachment A-2 Total Investment Portfolio as of September 30, 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 September 30, 2022 Respectfully submitted,
CASH BALANCE 8/31/2022 $83,439,795.39
RECEIPTS 9/1/22-9/30/22 8,695,038.38

DISBURSEMENTS 9/1/22-9/30/22 (11,036,945.06)
CASH BALANCE 9/30/2022 $81,097,888.71

ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 22,632,449.79
LOCAL AGENCY INVESTMENT FUND Attachment A-6 54,182,793.97 TOTAL PUBLIC INVESTMENTS $76,815,243.76
CHECKING AND PETTY CASH BALANCES 4,282,644.95
CASH AND INVESTMENT BALANCE 9/30/2022 $81,097,888.71
CASH HELD BY BOND TRUSTEES 1,876,436.84
TOTAL CASH AND INVESTMENT BALANCE 9/30/2022 $82,974,325.55

CITY O F CO VINA INVESTMENT REPO RT
FO R THE MO NTH ENDED SEPTEMBER 30, 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

Page 2 of 13 ends

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 $3,665,202.34
N/A Deman
d 3,665,202.34
Public A
genc
y Savin
g - Parkin
g Fines Bank of the West 11,008.14
N/A Deman
d 11,008.14
Utilit
y Billin
g Account Bank of the West $256,904.07
N/A Deman
d 256,904.07
Workers' Com
pensation - Checkin
g Account Bank of the West 116,589.31
N/A Deman
d 116,589.31
Pa
yroll - Checkin
g Account Bank of the West $173,168.28
N/A Deman
d 173,168.28
Mone
y Market Bank of the West $28,279.89
N/A Deman
d 28,279.89
AFLAC Flexible S
pendin
g Account Bank of the West 23,557.43
N/A Deman
d 23,557.43
STIFEL Investment Portfolio Various Variou 22,632,449.79 s Various 21,627,805.86Local A genc
y Investment Fun
d State of California 54,182,793.97
N/A Deman
d 54,182,793.97
Subtotal (A) $81,097,888.71 $80,093,244.78
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 1,875,016.98
N/A Deman
d $ 1,875,016.98
2021 Taxable Pension Obli
gation Bonds U.S. Bank 1,375.38
N/A Deman
d $1,375.38
2019 Wastewater Refundin
g Bonds U.S. Bank 0.21
N/A Deman
d $0.21
Subtotal (B) 1,876,436.84 1,876,436.84
TOTAL (A+B) $82,974,325.55 $81,969,681.62
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 SEPTEMBER 30, 2022
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\September 2022\September 2022 Investment Report\CITY -ATTACH A-1 Attachment A-1 CITY

Page 3 of 13 ends

CASH BALANCE 8/31/2022 $557,435.68
RECEIPTS 9/1/22-9/30/22 0.00

DISBURSEMENTS 9/1/22-9/30/22 0.00
CASH BALANCE 9/30/2022 $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 3,030,998.39 TOTAL CASH & INVESTMENT BALANCE 9/30/2022 $3,588,434.07

SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT FOR THE MONTH ENDED SEPTEMBER 30, 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

Page 4 of 13 ends

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* 2,469,121.69 N/A Demand 2,469,121.69 Fiscal Agent: U.S. Bank(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 162,581.65 N/A Demand 162,581.65 Fiscal Agent: U.S. Bank(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 399,295.05 N/A Demand 399,295.05 Fiscal Agent: U.S. Bank Subtotal (B) $3,030,998.39 $3,030,998.39
TOTAL (A+B) $3,588,434.07 $3,588,434.07
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

Page 5 of 13 ends

Issuer Purch date
Market Price Per
Share Qty Total Original Cost Value Total Market Value Coupon CUSIP Maturity Trustee Federal Agency Securities
US Treasury 08/28/19 99.362000 775,000 783, 770, 143.55 1. 055.50 6250 912828P38 1/31/2023 Stifel (from U.S. Bank) US Treasury 11/27/19 99.930000 625,000 629, 624, 809.57 1. 562.50 8750 912828M49 10/31/2022 Stifel (from U.S. Bank) US Treasury 03/04/20 99.444000 160,000 162, 159, 918.75 1. 110.40 5000 912828Z29 1/15/2023 Stifel (from U.S. Bank) US Treasury 03/04/20 99.106000 285,000 289, 282, 408.59 1. 452.10 3750 912828Z86 2/15/2023 Stifel (from U.S. Bank) Total U.S. Treasury 1,865, 1,845,000.00 1, 280.46 836,180.50 Federal Home Loan 02/21/20 99.135000 525,000 524, 520, 034.00 1. 458.75 3130AJ7E3 3750 2/17/2023 Stifel (from U.S. Bank) FHLMC 04/21/20 98.073000 610,000 608, 598, 475.00 0. 245.30 3137E 3750 AEQ8 4/20/2023 Stifel (from U.S. Bank) FHLMC 05/07/20 97.792000 610,000 609, 596, 743.80 0. 531.20 3137E 3750 AER6 5/5/2023 Stifel (from U.S. Bank) FEDL Home Loan Bank Bond 02/02/22 94.989000 1,000,000 1, 949, 036,149.85 2. 890.00 3130A 6250 6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 04/07/22 95.408000 1,000,000 1, 954, 011,488.67 3. 080.00 3130A 0000 2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 06/30/22 98.028000 1,000,000 1, 980, 002,211.16 3. 280.00 3130ASHK8 1250 6/14/2024 Stifel FEDL Home Loan Bank Bond 06/30/22 92.976000 1,000,000 952, 929, 708.25 1. 760.00 3130AQF 0000 40 12/20/2024 Stifel Total Federal Home Loan 5,744, 5,745,000.00 5, 810.73 529,245.25 Federal Farm Credit BKs 06/09/20 97.418000 600,000 598, 584, 044.00 0. 508.00 3133E 3000 LG81 6/8/2023 Stifel (from U.S. Bank) FEDL Farm Credit Bank Bond 02/02/22 95.892000 2,000,000 1, 1, 990,871.52 0. 917,840.00 3133E 9000 NLF5 1/18/2024 Stifel FEDL Farm Credit Bank Bond 02/02/22 93.464000 1,000,000 998, 934, 647.01 1. 640.00 3133E 3200 NLU2 1/21/2025 Stifel FEDL Farm Credit Bank Bond 02/02/22 89.577000 1,000,000 996, 895, 151.59 1. 770.00 3133E 5000 NKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 95.819000 1,000,000 1, 958, 018,193.35 3. 190.00 3133E 1500 JDV8 3/22/2027 Stifel Total Federal Farm Credit 5,601, 5,600,000.00 5, 907.47 290,948.00 FEDL Agric MTG CorpMedium Term Note 06/30/22 87.639000 1,000,000 915, 876, 357.70 0. 390.00 31422 9400 XGQ9 10/26/2026 Stifel Total Agricultural Mortgage 915, 1,000,000.00 876, 357.70 390.00 Certiricates of Deposits
State Bank of India - New
York NY CD 02/01/22 89.642000 245,000 245, 219, 000.00 1. 622.90 7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN - Tysons
Corner VA 02/02/22 89.316000 245,000 245, 218, 000.00 1. 824.20 7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank - Salt
Lake City UT CD 02/16/22 91.331000 245,000 245, 223, 000.00 2. 760.95 2000 795451BH5 2/23/2027 Stifel BMW Bank North America -
Salt Lake City UT CD 03/01/22 94.240000 245,000 245, 230, 000.00 1. 888.00 05580AK37 3 8000 /4/2025 Stifel American Express Natl BK - Salt
Lake City UT CD 03/01/22 94.201000 245,000 245, 230, 000.00 1. 792.45 8000 02589ABP6 3/10/2025 Stifel Beal Bank -
Plano TX CD 03/01/22 90.682000 245,000 245, 222, 000.00 2. 170.90 0500 07371AZQ9 3/3/2027 Stifel Beal Bank - Las
Vegas NV CD 03/01/22 90.682000 245,000 245, 222, 000.00 2. 170.90 0500 07371CK81 3/3/2027 Stifel Medallion Bank - Salt
Lake City UT CD 03/01/22 90.586000 245,000 245, 221, 000.00 2. 935.70 58404 0500 DNG2 3/8/2027 Stifel Live Oak Bkg Co - Wilmington
NC CD 03/03/22 94.443000 249,000 248, 235, 751.00 1. 163.07 8500 538036HW7 2/14/2025 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 93.091000 245,000 245, 228, 000.00 2. 072.95 7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank - Draper
UT CD 04/07/22 93.086000 245,000 245, 228, 000.00 2. 060.70 7000 87165FK45 4/14/2027 Stifel Ally Bank -
Midvale UT CD 04/27/22 95.049000 245,000 245, 232, 000.00 2. 870.05 02007 8500 GQQ9 5/5/2026 Stifel Capital One NA -
Mclean VA CD 04/27/22 94.428000 245,000 245, 231, 000.00 3. 348.60 14042RRA1 5 0500 /4/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 94.399000 245,000 245, 231, 000.00 3. 277.55 0500 38149M6Y4 5/11/2027 Stifel Toyota Finl Svgs Bank- Henderson
NV CD 05/09/22 94.997000 245,000 245, 232, 000.00 3. 742.65 2000 89235MNH0 5/17/2027 Stifel First Natl Bank of Amer- East
Lansing MI CE 05/16/22 96.020000 245,000 245, 235, 000.00 3. 249.00 32110YXE0 0000 11/28/2025 Stifel Morgan Stanley Bank NA- Salt
Lake City UT CD 05/16/22 95.198000 245,000 245, 233, 000.00 3. 235.10 2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 95.198000 245,000 245, 233, 000.00 3. 235.10 2500 61768EJR5 5/19/2027 Stifel Discover BankGreenwood DE CD 05/20/22 94.971000 245,000 245, 232, 000.00 3. 678.95 2000 254673E36 5/24/2027 Stifel Isreal Discount BK of NY- New
York NY CD 05/24/22 97.772000 245,000 245, 239, 000.00 2. 541.40 8500 465076TQ0 5/28/2024 Stifel Barclays Bank DE- Wilmington DE
CD 05/24/22 96.787000 245,000 245, 237, 000.00 3. 128.15 06740KQS9 6 0500 /2/2025 Stifel Bank Hapoalim BM- New
York NY CD 06/23/22 98.555000 245,000 245, 241, 000.00 3. 459.75 0000 06251A4G2 12/29/2023 Stifel Pinnacle Bank -
Nashville TN CD 06/23/22 97.964000 245,000 245, 240, 000.00 3. 011.80 0500 72345SLE9 6/28/2024 Stifel Oceanfirst Bank NA- Toms
River NJ CD 06/23/22 98.300000 245,000 245, 240, 000.00 3. 835.00 2500 67523TBE2 7/1/2024 Stifel Synovus Bank- Columbus
GA CD 06/23/22 98.013000 245,000 245, 240, 000.00 3. 131.85 2000 87164DTM2 8/30/2024 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 97.093000 245,000 245, 237, 000.00 3. 877.85 05600 2000 XGK0 6/24/2025 Stifel RBS Citizens NAProvidence RI CD 06/27/22 99.182000 245,000 245, 242, 000.00 2. 995.90 75524KNZ3 6 8500 /29/2023 Stifel UBS Bank USA- Salt
Lake City UT CD 06/27/22 98.208000 245,000 245, 240, 000.00 3. 609.60 2000 90348J4B3 7/1/2024 Stifel First Technology FCUMountain View CA SHS CTF 06/30/22 98.538000 245,000 245, 241, 000.00 3. 418.10 2500 33715LEA4 4/15/2024 Stifel

CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
September 2022
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 6 of 13 stment Reports\22-23\September 2022\September 2022 Investment Report Attachment A-2 Issuer Purch date
Market Price Per
Share Qty Total Original Cost Value Total Market Value Coupon CUSIP Maturity Trustee

CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
September 2022
American First CR UN- Brea
CA SHS CTF 06/30/22 97.140000 245,000 245, 237, 000.00 3. 993.00 2500 02616ABJ7 7/15/2025 Stifel Tennessee Valley Auth- PWR
Bond 1995 SER E 06/30/22 106.879000 1,000,000 1, 1, 109,192.44 6. 068,790.00 7500 880591CJ9 11/1/2025 Stifel Total Certificate of Deposits 8,462, 8,354,000.00 8, 943.44 052,892.12 Stifel Cash 42, 42,149.99 149.99
Stifel Total Value of Portfolio 22,544,000.00 $ 22, $ 21, 632,449.79 $ 627,805.86 S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 7 of 13 stment Reports\22-23\September 2022\September 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 SEPTEMBER
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

NO SALES OR MATURITIES IN SEPTEMBER
Total - - - -
Period Interest Rev enue
Gain / (Loss) on
Transactions Management Fees Net rev enue / (Loss)
Fees as a %
of Revenue
Previous Month 45,440.62 (4, - 217.31) 41, 0% 223.31
Previous 12 mos. 282,080.65 (10, (5, 413.25) 160.13) 2% 266,507.27 Investments Held 22,632,449.79 $ Total Fees 5,160.13Fees as % of Portfolio 0.02% PREVIOUS 12 MONTH FEE ANALYSIS
October 2021-September 2022

CITY OF COVINA
Investment Transaction Summary
for the Month Ended September 30, 2022
Purchased Investments
Sold/Matured Investments
Net Rev enue Analysis - for Period Ending September 30, 2022 S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\September 2022\September 2022 Investment Report Attachment A-2

Page 8 of 13 ends

U.S. Bank &
Stifel Total
Investment PercentageBook Value
Cash & Pending Transactions 42,150 0.19%
Federal Home Loan 5,744,811 25.38%Federal Farm Credit 5,601,907 24.75%Federal Agriculture Mortgage 915,358 4.04%Certificate of Deposits 8,462,943 37.39%U.S. Treasury 1,865,280 8.24% Total 22,632,450 100.00%
*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

0.19%

25.38%

24.75%

4.04%

37.39%

8.24%
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 - Sep 22 Attachment A-4

Page 9 of 13 ends

Quarter
Ending City Agency*
9/30/2020 51,488,761 4,452,9549/30/2021 70,154,754 4,522,942 9/30/2022. 82,974,326 3,588,434
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 September 30, 2022 $0
$20,000,000$40,000,000$60,000,000$80,000,000
$100,000,000
9/30/2020 9/30/2021 9/30/2022.
51,488,761
70,154,754
82,974,326
4,452,954 4,522,942 3,588,434
Month Ending Sep 30
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
CityAgency*
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\September 2022\Cash Comparison Sep 22 ATTACHMENT A-5

Page 10 of 13 ends

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Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:

Bills $ 46,457,160,163.94 $ 46,657,126,553.35 $ 46,514,062,000.00 NA Notes $ 101,947,915,596.75 $ 101,931,736,332.18 $ 98,369,732,500.00 $ 237,324,054.50 Federal Agency:

SBA $ 334,748,643.50 $ 334,663,003.17 $ 335,043,755.16 $ 569,406.02 MBS-REMICs $ 3,916,682.58 $ 3,916,682.58 $ 3,897,852.17 $ 17,633.20 Debentures $ 8,593,591,055.03 $ 8,592,721,013.39 $ 8,353,930,850.00 $ 19,156,465.50 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,650,000,000.00 $ 2,650,000,000.00 $ 2,574,109,000.00 $ 18,005,248.00 Discount Notes $ 30,277,339,791.63 $ 30,410,365,854.03 $ 30,310,774,000.00 NA Supranational Debentures $ 2,229,190,558.99 $ 2,229,010,003.43 $ 2,133,180,400.00 $ 7,597,861.50 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ 100,000,000.00 $ 100,000,000.00 $ 99,780,349.59 $ 775,000.00 CDs and YCDs $ 14,260,000,000.00 $ 14,260,000,000.00 $ 14,229,806,876.24 $ 76,472,855.58 Commercial Paper $ 10,239,348,756.91 $ 10,295,023,243.07 $ 10,275,778,388.91 NA Corporate:

Bonds FR $ - $ - $ - $ -
Bonds $ 481,185,800.06 $ 481,129,063.95 $ 451,006,190.00 $ 2,646,445.75 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 4,909,000,000.00 $ 4,909,000,000.00 $ 4,909,000,000.00 NA PMIA & GF Loans $ 367,981,000.00 $ 367,981,000.00 $ 367,981,000.00 NA TOTAL $ 222,851,378,049.39 $ 223,222,672,749.15 $ 218,928,083,162.07 $ 362,564,970.05 Fair Value Including Accrued Interest $ 219,290,648,132.12 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).

The value of each participating dollar equals the fair value divided by the amortized cost (0.980760962).

As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,615,219.23 or $20,000,000.00 x 0.980760962.

State of California
Pooled Money Investment Account
Market Valuation
9/30/2022

Page 13 of 13 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: CC Regular Meeting - Nov 15 2022
Title: Approve Resolution CC 2022-123 to Increase the Operations Motor Vehicle Budget and Purchases a New Vehicle for the Police Department Fleet Presented By: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2022-123 to increase the Central Equipment Operations Motor Vehicle FY 2022-23 budget; and

2. Purchase of a vehicle in the amount of $36,917.91 and waive bidding requirements.

EXECUTIVE SUMMARY / BACKROUND:

The City utilizes a variety of cooperative purchasing agreements to procure its fleet assets, including the Sourcewell Cooperative Purchasing Program and State of California Department of General Services fleet contracts, among others. These agreements help to streamline the fleet acquisition process and leverage the purchasing power of participating agencies to receive competitive prices in acquiring fleet assets.

Over the last two years, fleet procurement has been incredibly difficult, with global supply chain issues resulting in limited vehicle inventories and considerable delays in pre-ordered vehicle deliveries. In working with a local fleet organization over the last year, the Police Department has identified a replacement vehicle for the Detective Bureau that will meet Department needs. Due to the unique market conditions, it is requested that the City Council consider approving a budget appropriation from the Central Equipment Operations fund and waiving bidding requirements to complete this acquisition.

DISCUSSION:

The Police Department Detective Bureau is currently short one vehicle due to a traffic collision earlier this year where another motorist was determined to be at fault. Due to the unique global supply chain challenges, fleet acquisition has been incredibly difficult, with limited vehicle inventories and the delivery of pre-ordered vehicles being significantly delayed. As a result, staff began working with one of its fleet providers, Wondries Fleet in Alhambra, nearly a year ago to identify and procure a replacement vehicle.

Recently, Wondries Fleet was able to locate a replacement vehicle through one of its partner dealerships, Lodi Honda, of Lodi, California. As proposed, the Department would acquire a 2022 Honda Accord Sport 1.5t in the amount of $33,065, plus taxes and delivery fees. In researching market conditions, it was determined that this price is reasonable and that due to low inventories, selling prices for this vehicle have been within +/- 1% of this amount.

The price stated above is reasonable and close to MSRP given the current market condition. Staff is requesting that competitive bidding be waived per Municipal Code 2.20.080 Sections B. It states that non-competitive proposals may be made only when at least one of the following circumstances applies: 1) The supply, service or equipment is available from only one source; 2) The public exigency or emergency for the supply, service or equipment will not permit a delay resulting from competitive solicitation; and 3) After solicitation of a number of sources, competition is determined inadequate. Sections B2 & B3 applies in this situation. Staff did attempt to solicit bids from multiple dealerships, but no vehicles were available. The Police Department urgently needs a vehicle and cannot wait months for availability as it will negatively impact operations.

FISCAL IMPACT:
$36,917.91 will come from Central Equipment Fund balance and appropriated to fund 7010 6010 55550. Note that $17,289.66 was recovered from the at-fault party's insurance company for the traffic collision. This will help offset the total purchase cost.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

ATTACHMENTS:

Attachment A - Lodi Honda Quote
Attachment B - Resolution CC 2022-123
Respectfully submitted,

Page 2 of 5 ends

Lodi Honda
QuaHEi{§’""”‘
1 I Fodi Honda Quote fFfmt;»»:'*'§W
i City of Covina
’ Attn Ray Marquez
(626)331-3391
Descriptid? UAT}f1"§"tmi5riceTotai
M
2022 Honda Accord Sport 1.51:Silver/Black 533065.00S3306S.OO Transport {mm LodiHcmdato City of Covina $455.00
(Non Taxabfe)
$455.00
1 % 33520.00
53389.16
$8.75
Yjbtarai
Sales T:s:<(10.25%)
CATire Fee. i
; Tomi $36917.91 f
Steve iiranford
Generai Manager
Lad?Honda
3306 5. Cherokee Lane
Ludi,Ca" 95240

Page 3 of 5 ends

RESOLUTION CC 2022-123

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, INCREASING THE FY 2022-23 CENTRAL EQUIPMENT OPERATIONS MOTOR VEHICLE BUDGET BY $36,917.91 TO
PURCHASE A 2022 HONDA ACCORD
WHEREAS, the Covina Police Department is requesting $36,917.91 in funding to purchase a new vehicle for the Investigation section; and WHEREAS, this amount is available from the general fund balance; and WHEREAS, appropriating these funds will increase the Central Equipment Operations Motor Vehicle 2022-23 budget by $36,917.91; and
WHEREAS, appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. The Fiscal Year 2022-23 Budget is hereby amended as follows:

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

APPROVED and PASSED this 15th day of November, 2022
City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________
FABIAN VELEZ, Deputy City Clerk
Account Number Account Title Original Budget Increase Amended Budget 7010-6010-55550 Central Equipment Ops Motor Vehicle $ 200,000 $ 36,917.91 $ 236,917.91 Page 4 of 5 Resolution CC 2022-123 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-123 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th 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

Page 5 of 5 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: CC Regular Meeting - Nov 15 2022
Title: Agreement Between City of Covina and Contemporary Services Organization (CSC) for Event Traffic and Crowd Control
Presented By: David Povero, Chief of Police
Recommendation: 1. Approve agreement between the City of Covina and Contemporary Services (CSC) for event traffic and crowd control; and

2. Authorize the City Manager or his designee to execute the agreement on behalf of the City of Covina.

EXECUTIVE SUMMARY / BACKROUND:

For the past several years, the City of Covina has the utilized the services of CSC during the Covina Christmas Parade. They have assisted the Police Department, Parks & Recreation and Public Works in providing crowd control, traffic management and security. CSC will be utilized on select city events throughout the year to augment city staffing while helping to alleviate the need to utilize city personnel when possible to better manage over-time cost.

DISCUSSION:

This agreement is for three years ending in October 31, 2025. Cost per event shall not exceed $25,000. CSC shall provide crowd control; install and staff traffic control measures in accordance with traffic engineers plans; provide direction to attendees; coordinate with citypersonnel and staff regarding event route incidents; transport staff to their assigned post; provide the ability to communicate via radio with police command post; supervise staff; and staff command post with supervisory/managerial personnel.

FISCAL IMPACT:

Maximum $25,000 per event. No new funds are requested at this time. Departments will cover cost from existing FY 2022-23 funds.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

ATTACHMENTS:

Attachment A - PSA with CSC
Respectfully submitted,

Page 1 of 19 ends

12923-0001\2388443v2.doc

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated November 15, 2022, (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Contemporary Services Corporation (CSC) 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 pre-plan staffing levels, deployment procedures, street closure and re-opening procedures, supervision and communications plans, for various events. During the events, Contractor shall provide crowd control, place and staff traffic control measures provided by the City in accordance with traffic engineers plans throughout the event, provide direction to attendees, coordinate with city personnel and staff regarding the incidents occurring along the route and throughout the street closure area, transport staff to their assigned post, provide the ability to communicate via radio with police command post, supervise staff, and staff command post with Contractor staff with the authority to make decisions.

City shall notify Contractor of the exact number of personnel required, and/or hours needed no later than six (6) working days prior to the time for which they are needed.

City shall provide Contractor personnel working at the Events with parking at the Job Site at no cost or City shall reimburse Contractor for the costs of parking for its personnel working the Events. Contractor shall bill City for all such parking costs incurred by its personnel working the Events in its invoice which shall be due and payable on the terms and conditions set forth above.

Contractor shall use its normal uniform. If City requests that Contractor utilize metal detection wands, City agrees that the effectiveness of metal detecting wand procedures is that of a visual deterrent in attempting to screen out prohibited metal objects from being brought into the Job Site. Contractor agrees to implement the requested services so as to maximize the effectiveness as intended. However, Contractor does not represent that the use of the metal detection wands shall be completely effective against any and all contraband. If Contractor provides metal detecting wand devices for an Event, there shall be a rental charge of Twenty and 00/100 dollars ($20.00) per device per Event day. If Contractor provides two-way radios for an Event, there shall be a rental charge of Twenty and 00/100 dollars ($20.00) per device per Event day. Any other equipment City desires shall be provided by it or purchased by Contractor with City providing reimbursement and any related labor cost. Contractor shall be provided with a suitable check-in area for roll call, suitable office space where applicable and a locked storage area.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

Page 2 of 20 ends

Page 2 of 19 ends

12923-0001\2388443v2.doc
The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through October 31, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Contractor’s services provided under this Agreement, City shall pay Contractor a sum not to exceed Twenty-five Thousand Dollars ($25,000.00) (the “maximum compensation”) per event based on the hourly rates set forth in the Approved Service Quote, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

Contractor shall be compensated at the below rates, plus any applicable sales taxes on such services, per person-hour, with a minimum of four (4) hours per staff requested:
11/01/2022 – 10/31/2023*
Event Staff $32.37
Supervisors $34.79
Event Manager $40.46
*The rates to be paid to Contractor after November 1, 2023, through October 31, 2025, for the Services shall be adjusted upward each year of the term of this Agreement on November 1 by the percentage change in the Consumer Price Index – All Urban Consumers (CPI-U) – Los Angeles City Average – All Items, as measured by determining the increase occurring between November of the previous year and November of the year in which the adjustment is made (for example, between November 2022 and October 2023 for November 1, 2023) as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics or other agency of the United States Government succeeding to its functions.

B. Expenses. City shall only reimburse Contractor for those expenses expressly set forth in Exhibit A, or otherwise agreed to between the Parties.

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

3. Contractor’s Services.

A. Scope of Services. Contractor shall perform the services described in the

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

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

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

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

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

F. Compliance with Laws. The 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.

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

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Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

C. Audit of Records. 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.

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 services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

B. No employee benefits shall be available to 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

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services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services 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 services 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 services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. 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. 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 services 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 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

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(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 services under this Agreement, including the Political Reform Act (Gov.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, 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 sole negligent acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify

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and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may 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 Subparagraph A. 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the sole negligent acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement.

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

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

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

11. Insurance.

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

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its City’s, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. If

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Contractor does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

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

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

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

E. Contractor’s Waiver of Subrogation. The Worker’s Compensation insurance policy required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss.

Contractor hereby waives it rights of subrogation as to Worker’s Compensation claims against the City, except for any claims arising out of the negligence or willful misconduct of the City.

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

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

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the policy.

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

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Contractor shall furnish City’s Risk City with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section

11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk City. Contractor shall provide proof to City’s Risk City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

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

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

12. Mutual Cooperation.

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

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

13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years.

Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

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A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least thirty (30) calendar days before the termination or suspension is to be effective.

Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least thirty (30) calendar days before the termination is to be effective.

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination.

In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.

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

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

If to City:

Attn: Sgt. Joshua Turner
City of Covina
125 E. College Street
Covina, California 91723
If to Contractor:

Contemporary Services Corporation
Attn: Accounts Receivables
17101 Superior St.

Northridge, CA 91325

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

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

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

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

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

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

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

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

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

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

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

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

30. SAFETY ACT PROVISIONS
A. Contractor and the City agree and acknowledge that if Contractor will not be the sole provider of crowd management services at facilities for this Agreement, Contractor and the City agree and acknowledge that Contractor is not responsible for any claims, losses, damages or liability as a result of the acts or omissions of other third party providers, not affiliated with Contractor.

B. Contractor and the City agree and acknowledge that any protections afforded under the Homeland Security Act of 2002, pertaining to any approvals granted to any Contractor Qualified Anti-Terrorism Technologies (QATT) under the “Support Anti-Terrorism by Fostering Effective Technologies Act”, shall only apply when Contractor’s methods and practices as evaluated by the Department of Homeland Security for the applicable Contractor QATT are fully implemented. Any deviation from Contractor’s method and practices for its QATT may nullify and erase the protections afforded under any Contractor SAFETY Act approvals.

31. RECIPROCAL WAIVER OF CLAIMS – QUALIFIED ANTI-TERRORISM

TECHNOLOGY
(This clause applies only if this Agreement involves the manufacture, sale, use or operation of a

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Contractor Qualified Anti-Terrorism Technology(ies), as defined in accordance with this article.) A. This Agreement involves the manufacture, sale, use, or operation of a Qualified Anti- Terrorism Technology(ies), and Contractor is either the City’s: (i) contractor, (ii) subcontractor, (iii) supplier, or (iv) vendor, of or for such technologies.

B. Pursuant to 6 U.S.C. §443(b) of the SAFETY Act and 6 C.F.R. §25.5(e), under this Reciprocal Waiver of Claims, each Party shall be responsible for Losses, including business interruption losses, that such Party sustains (and for Losses that its employees sustain) resulting from an activity resulting from an Act of Terrorism when the Qualified AntiTerrorism Technology(ies) has been deployed in defense against or response to or recovery from such Act of Terrorism.

C. “Act of Terrorism,” “Loss,” “Qualified Anti-Terrorism Technology,” and “Reciprocal Waiver of Claims,” are defined in 6 U.S.C. §§443-444.

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
Contractor:

Contemporary Service Corporation
a California corporation
By:

Name: James Granger
Title: President
By:

Name: Paul Erickson
Title: Chief Financial Officer
ATTEST:

By:

Name: Fabian Velez
Title: Deputy City Clerk
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney

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A-1
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EXHIBIT A

APPROVED SERVICE QUOTE

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B-1
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EXHIBIT B

SCOPE OF SERVICE

SCOPE OF

SERVICE

1. STAFFLEVELS
A. At least one (1) week prior to the first day of an Event for which Services will be necessary, th e City shall provide to Contractor a written job order that includes the number and classifications of personnel requested and the time periods for which they will be needed. If t h e C i t y does not provide such timely notice, Contractor shall make best efforts to provide the requested personnel for theEvent; however, Contractor's inability to do so shall not be a breach of this Agreement. In order to provide the staffing level required by the City, it may be necessary to schedule additional numbers of employees to ensure complete coverage at the Event. The City agrees to absorb the costs for up to ten percent (10%) of any overstaffing for events. However, should the overstaffing be in excess of ten percent (10%), Contractor must obtain written approval from t h e C i t y 's onsite event manager. If such written approval is not obtained, the City shall not be required to compensate Contractor for overstaffing in excess of 10%.

B. Staffing levels and specific posts will be determined by t h e C it y following consultation with Contractor. The City shall have the final decision as to the number of Contractor’s personnel to be used and the deployment (i.e., placement at the Job Site). T h e C i t y agrees that for all requests for Contractor personnel: (i) at least one Supervisor shall be ordered and such Supervisor shall act as the Event Coordinator where the personnel request is forless than ten (10) personnel; (ii) for any event where ten (10) or more personnel are requested, an Event Coordinator shall be ordered; and, (iii) for every ten (10) CONTRACTOR personnel requested, a minimum of one (1) Supervisor shall be ordered. The Event Coordinator and Supervisors shall not be assigned or included i n the fixed postposition order.

2. SUPERVISION AND AUTHORITY
A. In order for Contractor to be effective in the delivery of Services, Contractor must manage and supervise its employees. Therefore, Contractor shall be accountable for the direct supervision of its employees.

The City shall make all requests regarding deployment, positioning, post assignments and conduct through Contractor's Event Coordinator. TheEvent Coordinator will be accountable for the satisfaction of such requests to the extent that such requests are consistent with Job Site policies, this Agreement and local, state and federal laws.

B. If at any time the City feels that any employee of Contractor is not satisfactory, the City shall notify Contractor of the reasons for its dissatisfaction with such employee verbally and in writing.

Contractor shall attempt to promptly correct the employee’s conduct to the satisfaction of t h e C i t y . If the employee continues to be unsatisfactory to t h e C i t y , or if the initial conduct was so egregious as to warrant dismissal, the City may demand that Contractor cease using saidemployee at the Job Site. Contractor shall promptly comply with such request. The City agrees that any requests pursuant to this paragraph shall not be based upon unlawful discrimination in regards to an employee's race, religion, national origin, age, gender, sexual orientation or disability.

3. EVENT STAFF RESPONSIBILITIES
Contractor's personnel shall be responsible for the carrying out of the written Job Site rules, regulations and policies applicable to Contractor and issued by t h e C i t y to Contractor. Contractor's personnel shall work with and assist the proper local authorities when necessary and appear in court and other proceedings as becomes necessary. The City shall pay the hourly rate of any such Contractor personnel that attend such proceedings on behalf of or at the request of the City or the proper local authorities, but only if such

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12923-0001\2388443v2.doc
attendance is required in connection with an Event at the Job Site and if such proceeding does not involve Contractor liability.

4. EVENT REPORTING TIMES
Contractor requires time prior to an Event for the briefing and distribution of employees at the Job Site.

The following reporting time requirements shall be used:
a. Where the number of employees ordered is ten (10) or less, the reporting time shall be fifteen minutes prior to the facility opening.
b. Where the number of employees ordered is more than ten (10) but less than fifty-one (51), the reporting time
shall be thirty (30) minutes prior to the facility opening. c. Where the number of employees ordered is fifty-one (51) but less than one hundred (100), the reporting time shall be forty-five (45) minutes prior to the facility opening. d. Where the number of employees ordered is one hundred one (101) but less than two hundred (200) then the reporting time shall be one (1) hour.
e. Where the number of employees ordered is two hundred one (201) or more, the reporting time shall be one and one-half (1-1/2) hours.

5. PAYMENTS AND TERMS
A. Payment for any Services rendered by Contractor to the City under this Agreement shall be due and payable no later than thirty (30) days from the date that such Services are provided at any givenEvent covered under this Agreement. An invoice shall be mailed to the City within seven (7) working days after the Services were provided at an Event covered hereunder. In no event shall the failure of Contractor to present a written invoice within seven (7) days of any given Event negate the responsibility of t h e C i t y to make payment for the Services within the thirty (30) day period, provided, however, that in the event a written invoice is not presented to the City within thirty (30) days of any given Event, then the payment for such Services shall be extended to thirty (30) days from the presentation of the written invoice.

B. All payments made by the City to Contractor should be remitted as follows:

Contemporary Services Corporation
17101 Superior Street
Northridge, CA 91325
C. If payment is not timely made as provided for above, the City shall pay all collection expenses, including reasonable costs and attorney’s fees, regardless of whether or not suit is filed. If payment is not received within thirty (30) days of the Services being provided at a given Event, or, in the case where a written invoice was not provided within thirty (30) days of the provision of such Services at the given Event, within thirty (30) days of the presentation of such a written invoice, The City shall pay one and one-half percent (1½%) per month interest as a finance charge on any and all late payments, with such finance charges being added to each monthly statement.

D. If Services or personnel requested of Contractor by the City are cancelled, any and all payments to be made to Contractor pursuant to Paragraph 6 (G) of this Agreement shall be made pursuant to the above Paragraphs 5 (A) and (B) as if such personnel worked on the date of such Event.

If the Event was cancelled, such Services shall be subject to payment by the City as set forth in Paragraphs 5 (A) and (B) above as if the Event was in fact held on the scheduled date.

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6. COM PENSATI ON
A. The City shall pay at the following rates, plus any applicable sales taxes on such services, per employee- hour, with a minimum of four (4) hours per employee (if an employee works in excess of four (4) hours, the City shall pay in fifteen (15) minute increments):

Event Staff $32.37
Supervisors $34.79
Event Manager $40.46
Any applicable sales taxes on such services shall be added to the above rates as applicable and shall be set forth in the invoice presented by the Contractor to the City.

B. If State, Federal, local city or county Minimum Wage Standards, applicable Living Wages, governmentally mandated health benefits payments or related levies or taxes or the like are increased or levied, as the case may be, against CONTRACTOR during this Agreement, the rates paid to CONTRACTOR by MANAGER shall be adjusted by any such increase, levy, payments or taxes, times

1.4 to reflect the increase in minimum wages and/or related benefits payments, levies or taxes.

C. If the City requests a specific Contractor employee or specifies certain acceptable employees who may work an Event or position, t h e C i t y shall pay the base rate by classification for such employee (e.g., a Supervisor being positioned at a non-Supervisor spot).

D. The City shall pay one and one-half (1-1/2) times the rates for all services provided on the following holidays (except as noted, holidays shall be celebrated on the day observed by the Federal Government):

New Year’s Day (January 1) Labor Day
Martin Luther King Jr. Day Thanksgiving Day
Easter Sunday Christmas Eve
Memorial Day Christmas Day
Independence Day (July 4) New Year’s Eve
Presidents’ Day
E. If a Contractor employee works more than eight hours per day or forty (40) hours per week for Events covered by this Agreement, the overtime hours shall be paid by the City at one and one half(1 1/2) times the rates or as otherwise required by applicable law.

F. If t he Cit y provides Contractor with less than seventy-two (72) hours’ notice of personnel requests, the City shall pay one and one-half (1 1/2) times the rates for such requests. If t h e C i t y provides Contractor with less than twenty-four (24) hours’ notice of personnel requests, t h e C i t y shall pay two (2) times the rates for such requests.

G. If t h e C i t y cancels any or all of its personnel requests less than twenty four (24) hours prior to Event reporting time, the City shall pay, in addition to sums due for services actually provided, at the regular rate for each canceled employee as if such employee had worked four (4) hours.

7. EMPLOYMENTOFFERINGS
The City understands the time and expense Contractor incurs to recruit, train and retain its employees.

Therefore t h e C i t y agrees that should the City hire any employees of Contractor, who are employed by Contractor following the start of this Agreement and for one (1) year after its termination for any reason, the City will pay Contractor a hiring and placement fee for each such Contractor employee hired by the City to

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reimburse Contractor for the costs it will incur in replacing such employee with a fully trained equivalent employee. Those costs shall be as follows: (1) event security staff shall be charged at a base fee for all recruiting and training of $4,500, plus an additional $5,000 for each year of experience such event security staff employee had with Contractor at the time the Cityhires him/her; (2)for any Contractor managers or supervisors, the fee shall include the base recruiting and training fee of $4,500, plus the additional $5,000 for each year of experience such employee had with Contractor at the time the City hires him/her, plus an additional fee of $7,500 for the additional training such Contractor managers or supervisors receive from Contractor. Contractor shall be entitled to receive reasonable costs and attorney's fees to collect those hiring and placement fees regardless of whether or not suit is filed.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: CC Regular Meeting - Nov 15 2022
Title: Nunc Pro Tunc Minor Correction to Ordinance 22-12 and Ordinance 22-13 to Include Exhibit B, Final Mitigated Negative Declaration (MND), and Exhibit C, Mitigation Monitoring and Reporting Program
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2022-124 Nunc Pro Tunc, A Resolution of the City Council of the City of Covina, California Correcting Clerical Errors in Ordinance 22-12 Regarding Zoning Code Amendment (ZCA) 22-03 and Ordinance 22-13 Regarding Zone Change (ZCH) 22-03 and Zoning Map Amendment Relating to the Mixed-Use Overlay District and the Affordable Housing Mixed-Use Overlay District, consistent with the Council’s intent in adopting the Ordinances, including the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

EXECUTIVE SUMMARY / BACKROUND:

At the November 1, 2022, City Council meeting, the City Council adopted Ordinance 22-12 and Ordinance 22- 13 which, together, adopted the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD) related to Zoning Code Amendment, the Zone Changes, and the Mitigated Negative Declaration (MND) including the Mitigation Monitoring and Reporting Program (MMRP). Upon subsequent review by staff, it was determined that inadvertent clerical errors exist that now need to be corrected.

Specifically, due to a clerical error, staff unintentionally did not attach Exhibit “B”, the Final MND, and Exhibit “C”, the MMRP, to the Ordinances. In addition, the title in the version of Ordinance 22-13 that was attached as Attachment “B” to the November 1, 2022, City Council Agenda Report (Item CC 5) was slightly inconsistent with the title listed in the November 1, 2022, City Council Meeting Agenda and the corresponding Agenda Report.

Upon discovering these clerical errors, in order to ensure that the documents on file with the City Clerk reflect the City Council’s intent at the time and to avoid ambiguity, the City Clerk has corrected them. Adopting Resolution CC 2022-124 Nunc Pro Tunc will ratify and approve these corrections and confirm that they are consistent with the City Council’s intent in approving the MND and the MMRP and adopting the Ordinances.

Accordingly, staff requests that the City Council now adopt the attached Resolution CC 2022-124 Nunc Pro Tunc approving the nunc pro tunc correction to Ordinance 22-12 and Ordinance 22-13 so that Exhibits “B” and “C” are appropriately attached to both Ordinances in their entirety and so that the title of Ordinance 22-13 matches the title of Ordinance 22-13 listed in the November 1, 2022 City Council Meeting Agenda and corresponding Agenda Report.

Attached to the draft Resolution is a copy of Ordinance 22-12 and Ordinance 22-13 with all clerical errors corrected and the correct exhibits attached.

ATTACHMENTS:

Attachment A - Resolution CC 2022-124 Nunc Pro Tunc
Attachment 1 - Ordinance 22-12 (reduce size)
Attachment 2 - Ordinance 22-13 (reduce size)
Respectfully submitted,

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RESOLUTION CC 2022-124 NUNC PRO TUNC

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA CORRECTING CLERICAL ERRORS IN ORDINANCE 22-
12 REGARDING ZONING CODE AMENDMENT (ZCA) 22-03 AND
ORDINANCE 22-13 REGARDING ZONE CHANGE (ZCH) 22-03 AND

ZONING MAP AMENDMENT RELATING TO THE MIXED-USE

OVERLAY DISTRICT AND THE AFFORDABLE HOUSING MIXED-USE

OVERLAY DISTRICT

THE CITY COUNCIL OF COVINA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1. On November 1, 2022, the City Council adopted 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, and Establishing New Development Regulations for MUOD and AHMUOD, and Making Findings Pursuant to CEQA” and 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).”
SECTION 2. Due to an inadvertent clerical error, Exhibit B, the Mitigated Negative Declaration (MND), and Exhibit C, the Mitigation Monitoring and Reporting Program (MMRP), were not attached to Ordinance 22-12 and Ordinance 22-13. In addition, the title in the version of Ordinance 22-13 that was attached as Attachment “B” to the November 1, 2022 Council Agenda Report (Item CC 5) was slightly inconsistent with the title listed in the November 1, 2022 Council Meeting Agenda and the corresponding Agenda Report.

SECTION 3. Based upon the foregoing, the City Council hereby adopts and ratifies the nunc pro tunc correction to Ordinance 22-12 and Ordinance 22-13 as described in this Resolution so that Exhibits B and C to said Ordinances are attached to Ordinance 22-12 and Ordinance 22- 13, respectively and so that the title of Ordinance 22-13 matches the title of Ordinance 22-13 listed in the November 1, 2022 Council Meeting Agenda and corresponding Agenda Report, and hereby further confirms that the nunc pro tunc correction to Ordinance 22-12 and Ordinance 22- 13 is consistent with the Council’s intent in approving the MND and the MMRP.

SECTION 4. Attached as Attachment 1 is a copy of Ordinance 22-12 with all clerical errors corrected and the correct exhibits attached.

SECTION 5. Attached as Attachment 2 is a copy of Ordinance 22-13 with all clerical errors corrected and the corrected exhibits attached.

SECTION 6. The City Council hereby directs the City Clerk to replace the incorrect version of Ordinance 22-12 with the correct version attached hereto as Attachment 1 and to replace the incorrect version of Ordinance 22-13 with the correct version attached hereto as Attachment 2.

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Resolution CC 2022-124 Nunc Pro Tunc Page 2 of 2
APPROVED and PASSED this 15th day of November 2022.

City of Covina, California
BY:

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

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-124 Nunc Pro Tunc was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th 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

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Resolution CC 2022-124 Nunc Pro Tunc Attachment 1
ATTACHMENT 1
ORDINANCE 22-12 (Attached)

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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.

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, the potentially significant impacts of the proposed project in the following categories would be reduced below a level of

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Ordinance 22-12 Page 2 of 4
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 RESOLVE 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, adopts the Mitigated Negative Declaration [attached as Exhibit B] and the Mitigation Measures and Monitoring Program [attached as Exhibit C].”

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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 1st day of November, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:

FABIAN VELEZ, Deputy City Clerk

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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 were introduced for first reading at a regular meeting on the 18th day of October, 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the 1st day of November, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

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Resolution CC 2022-124 Nunc Pro Tunc Attachment 2
ATTACHMENT 2
ORDINANCE 22-13 (ATTACHED)

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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)
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.

With the incorporation of mitigation measures identified in the MND, the potentially significant

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Ordinance 22-13 Page 2 of 4
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 RESOLVE 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, adopts the Mitigated Negative Declaration [attached as Exhibit B] and the Mitigation Measures and Monitoring Program [attached as Exhibit C].” 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

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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 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 1st day of November, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:

FABIAN VELEZ, Deputy City Clerk

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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 were introduced for first reading at a regular meeting on the 18th day of October, 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the 1st day of November, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

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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

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Ordinance 22-13 Exhibit B

EXHIBIT B
ZONE CHANGE (ZCH) 22-03

FINAL MITIGATED NEGATIVE DECLARATION
AND

APPENDICES

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Ordinance 22-13 Exhibit C

EXHIBIT C
ZONE CHANGE (ZCH) 22-03

MITIGATION MONITORING AND REPORTING PROGRAM

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1 ORDINANCE 22-12

ESTABLISHING NEW DEVELOPMENT REGULATIONS FOR MUOD

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-2-
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 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 RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.

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-3-
Declaration [attached as Exhibit B] and the Mitigation Measures and Monitoring Program [attached as Exhibit C].”
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 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 18th day of October, 2022.

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-4-
City Council 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 22-12 were introduced for first reading at a REGULAR meeting on the 18th day of October, 2022.

Thereafter, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the 18th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ

DEPUTY CITY CLERK

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1 EXHIBIT A
ZONING CODE AMENDMENT 22-03
CHAPTERS 17.59 AND 17.31, TITLE 17 OF THE COVINA

MUNICIPAL CODE

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2 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.

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3 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:

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4 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.

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5 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.

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6 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.

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7 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

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8 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)

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9 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).

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10 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

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11 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

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12 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

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13 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.

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14 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.

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15 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.

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16 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

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17 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

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18 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

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19 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.

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20 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.

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21 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.

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-6-

EXHIBIT B
ZONE CHANGE (ZCH) 22-03

FINAL MITIGATED NEGATIVE DECLARATION
AND

APPENDICES

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Final
CITY OF COVINA’S MIXED-USE OVERLAY DISTRICT
Initial Study/Mitigated Negative Declaration
Prepared for August 2022
City of Covina

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Final
CITY OF COVINA’S MIXED-USE OVERLAY DISTRICT
Initial Study/Mitigated Negative Declaration
Prepared for August 2022
City of Covina
80 South Lake Avenue
Suite 570
Pasadena, CA 91101
626.204.6170
esassoc.com
Bend
Camarillo
Delray Beach
Destin
Irvine
Los Angeles
Oakland
Orlando
Pasadena
Petaluma
Portland
Sacramento
San Diego
San Francisco
San José
Sarasota
Seattle
Tampa
D202100759.01

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OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper.

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City of Covina’s Mixed-Use Overlay District Project i ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022

TABLE OF CONTENTS
City of Covina’s Mixed-Use Overlay District
Initial Study/Mitigated Negative Declaration
Page
Section 1, Introduction.........................................................................................................1-1

1.1 Statutory Authority and Requirements ....................................................1-3

1.2 Purpose ...................................................................................................1-3 Section 2, Project Description.............................................................................................2-1

2.1 Project Location.......................................................................................2-1

2.2 Surrounding Land Uses...........................................................................2-1

2.3 Existing Site Conditions...........................................................................2-5

2.4 Existing General Plan Designations/Zoning Classifications ...................2-5

2.5 Project Background and Objectives ........................................................2-8

2.6 Project Features ......................................................................................2-8

2.7 Construction Schedule and Activities................................................... 2-10

2.8 Project Approvals ................................................................................. 2-11 Section 3, Initial Study/Environmental Checklist..............................................................3-1

3.1 Project Information ..................................................................................3-1

3.2 Environmental Factors Potentially Affected ............................................3-4

3.3 Environmental Checklist..........................................................................3-5 Aesthetics ................................................................................................3-5 Agriculture and Forestry Resources........................................................3-9 Air Quality ............................................................................................. 3-12 Biological Resources............................................................................ 3-30 Cultural Resources ............................................................................... 3-36 Energy .................................................................................................. 3-43 Geology and Soils ................................................................................ 3-49 Greenhouse Gas Emissions................................................................. 3-56 Hazards and Hazardous Materials....................................................... 3-71 Hydrology and Water Quality ............................................................... 3-79 Land Use and Planning ........................................................................ 3-83 Mineral Resources................................................................................ 3-86 Noise..................................................................................................... 3-87 Population and Housing ....................................................................... 3-97 Public Services ..................................................................................... 3-99 Recreation .......................................................................................... 3-106 Transportation..................................................................................... 3-108 Tribal Cultural Resources................................................................... 3-113 Utilities and Service Systems............................................................. 3-115 Wildfire................................................................................................ 3-122 Mandatory Findings of Significance ................................................... 3-124

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Table of Contents
Page
City of Covina’s Mixed-Use Overlay District Project ii ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 Section 4, Mitigation Monitoring Reporting Program.......................................................4-1

4.1 CEQA Requirements...............................................................................4-1 Section 5, List of Preparers and Acronyms.......................................................................5-1

5.1 List of Preparers ......................................................................................5-1

5.1.1 Lead Agency.............................................................................5-1

5.1.2 Initial Study/Mitigated Negative Declaration Preparation.........5-1

5.1.3 Technical Subconsultant ..........................................................5-2

5.2 Acronyms.................................................................................................5-2 Section 6, Introduction to the Response to Comments ...................................................6-1

6.1 CEQA Requirements...............................................................................6-1

6.2 CEQA Process.........................................................................................6-2

6.2.1 Public Participation Process.....................................................6-2

6.2.2 Evaluation and Response to Comments..................................6-2

6.2.3 Final IS/MND Approval.............................................................6-2

6.2.4 Notice of Determination............................................................6-2

6.3 Summary of Response to Comments Findings ......................................6-2 Section 7, Commenters and Response to Comments .....................................................7-1

7.1 Comment Letter A: County of Los Angeles Fire Department – July 1, 2022 .............................................................................................7-2

7.1.1 Response to Comment Letter A: County of Los Angeles Fire Department – July 1, 2022................................................7-6 Appendices
A. Air Quality, Energy and Greenhouse Gases
B. Cultural Resources Supporting Documentation
C. Noise Measurements and Modeling
D. Transportation Assessment Report
E. Tribal Consultation Supporting Documentation
Figures
Figure 2-1 Regional Location Map .....................................................................................2-2 Figure 2-2 Local Vicinity Map.............................................................................................2-3 Figure 2-3 Proposed Project Areas and Mixed-Use Parcels .............................................2-9 Tables
Table 2-1 Proposed Mixed-Use Parcels ........................................................................ 2-10 Table 2-2 Project Approvals........................................................................................... 2-11 Table III-1 Criteria Pollutant Emissions Significance Thresholds – Los Angeles County............................................................................................................ 3-19 Table III-2 Unmitigated Construction Scenario - Criteria Pollutant Emissions ............... 3-21 Table III-3 Operation Scenario - Criteria Pollutant Emissions ........................................ 3-23 Table III-4 South Coast AQMD Air Quality Significance Thresholds.............................. 3-25 Table VI-1 Total Project Construction Petroleum Demand ............................................. 3-44 Table VI-2 Project Annual Operational Electricity Demand Summary............................ 3-46 Table VI-3 Project Annual Operational Natural Gas Demand Summary........................ 3-46 Table VI-4 Total Transportation Annual Fuel Demand ................................................... 3-47

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Table of Contents
Page
City of Covina’s Mixed-Use Overlay District Project iii ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 Table VIII-1 Unmitigated Construction Scenario – Greenhouse Gas Emissions.............. 3-60 Table VIII-2 Unmitigated Operational Scenario – Greenhouse Gas Emissions ............... 3-61 Table VIII-3 Consistency with Applicable Climate Change Scoping Plan Greenhouse Gas Reduction Strategies......................................................... 3-62 Table XIII-1 Construction Vibration Damage Criteria........................................................ 3-93 Table XIII-2 Caltrans Vibration Annoyance Potential Criteria ........................................... 3-93 Table XIII-3 Guideline Vibration Damage Potential Threshold Criteria............................. 3-94 Table 4-1 Mitigation Monitoring and Reporting Program for the City of Covina’s Mixed-Use Overlay District Project...................................................................4-2

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City of Covina’s Mixed-Use Overlay District Project 1-1 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 SECTION 1
Introduction
The City of Covina (City) proposes to adopt the Mixed-Use Overlay District (MUOD) regulations for a portion of the City in order to comply with State mandates to accommodate future housing development commensurate with the Regional Housing Needs Assessment (RHNA). Because the Draft 2021-2029 Housing Element1 has determined that there currently are insufficient sites to accommodate the City’s RHNA allocation of 1,910 additional housing units for the 2021-2029 planning period, State law requires the City to amend its land use plans and regulations to create additional opportunities for housing development. Failure to amend City land use plans and development regulations could result in State-imposed fines, sanctions and other penalties including litigation and court-imposed zoning amendments, freezing the issuance of building permits, and court-ordered housing project approvals.

The MUOD Project (the Project or the Project and the associated future development and redevelopment) is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). No specific development project is proposed at this time in connection with the MUOD regulations. Therefore, no direct environmental impacts would be caused by adoption of the MUOD, and this Initial Study/Mitigated Negative Declaration (IS/MND) addresses the indirect and cumulative environmental impacts expected to occur as a result of the future development and redevelopment consistent with the MUOD regulations.

The Project consists of adding a new chapter of mixed-use overlay regulations to the City’s Zoning Ordinance and amending the City’s Official Zoning Map through the addition of a MUOD to various sites located on 141 parcels within 13 Project Areas throughout the City, excluding the Covina Town Center Specific Plan (TCSP). The total acreage of parcels where the MUOD would be applied is approximately 74.83 acres. Parcels less than 1 acre (0.99) in size would allow a density range of 14 to 22 units per acre and parcels of more than 1 acre in size would allow a density range of 22 to 40 units per acre.

CEQA requires evaluation of the reasonably foreseeable direct and indirect physical impacts that would be caused by a project. Because no specific development is proposed in connection with adoption of the MUOD regulations, no direct physical impacts would occur. Therefore, the City must evaluate potential indirect physical impacts that would be caused by reasonably foreseeable future development consistent with the MUOD.

1 https://covinaca.gov/sites/default/files/fileattachments/planning_commission/page/6971/ public_review_draft_covina_6th_housing_element_2021-11-24.pdf

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Section 1 Introduction

1.1 Statutory Authority and Requirements
City of Covina’s Mixed-Use Overlay District Project 1-2 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 While cities are required by State law to ensure the availability of housing development opportunities commensurate with the RHNA, CEQA requires analysis of reasonably foreseeable physical impacts. In theory, it is possible that every parcel within the MUOD area could be developed at up to the maximum allowable density and intensity (i.e., “full maximum buildout”); however, such a scenario is not reasonably foreseeable consistent with the legislative intent of CEQA. Instead, environmental impact analyses for policy plans and regulations when no specific development project is proposed typically are based upon the adopted growth forecast because it is considered to be the best available estimate of future development and reasonably foreseeable physical changes. As noted in CEQA Guidelines Sec. 15358(b), effects analyzed under CEQA must be related to a physical change. In addition, Project is defined in CEQA as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment….” To base the environmental analysis on maximum theoretical development, rather than the adopted growth forecast, would result in a substantial overstatement of reasonably foreseeable physical changes in the environment contrary to the intent of CEQA.

The Southern California Association of Governments (SCAG) is the federally-designated metropolitan planning organization (MPO) for the 6-county region that includes Los Angeles County. Every four years SCAG is required to prepare an updated forecast of population, households and employment as part of its regional planning activities, and SCAG’s growth forecasts are used for a variety of purposes including planning for transportation, housing, air quality and greenhouse gas emissions. Because of the fundamental role of SCAG’s growth forecast in land use policy, it is considered appropriate to use the growth forecast in CEQA impact analyses for land use plans and regulations.

SCAG’s household growth forecast includes the number of additional households expected to reside in each city and the region as a whole. SCAG’s 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), which has a “horizon year” of 2045, is based upon a growth forecast that assumes approximately 800 additional households will be added in the entire City during the 2016-2045 period.

For the purposes of the environmental analyses set forth in this document, it has been conservatively assumed that 60 percent of the total development for mixed-use development and redevelopment would be for residential uses and the remaining 40 percent would be for either commercial or industrial uses. The assumption is that 60 percent of the total approximate

74.83 acres will be for residential uses at an average density of 30 dwelling units per acre, resulting in the potential for 1,360 additional dwelling units.

It is important to note that these development assumptions and the resulting indirect and cumulative environmental impacts analyzed in this IS/MND significantly exceed the reasonably foreseeable level of development in the City based upon the regional growth forecast adopted by SCAG as part of the 2045 RTP/SCS. The 2045 RTP/SCS2anticipates an increase of approximately 800 households and 2,600 employees in the City during the 2016-2045 period.

2 https://scag.ca.gov/read-plan-adopted-final-plan

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Section 1 Introduction

1.1 Statutory Authority and Requirements
City of Covina’s Mixed-Use Overlay District Project 1-3 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 However, this analysis is conservatively based upon future development of every parcel within the MUOD, which would result in an increase of 70 percent more housing units in just the MUOD area than are expected to occur in the entire City by 2045.

1.1 Statutory Authority and Requirements
In accordance with the CEQA (Public Resources Code Sections 2100–21177) and pursuant to California Code of Regulations (CCR) Title 14, Section 15063, the City, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the Project would have a significant environmental impact. If the Lead Agency finds that there is no evidence that the Project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency must find that the Project would not have a significant effect on the environment and must prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND) for that Project. Such determination can be made only if, “there is no substantial evidence in light of the whole record before the Lead Agency” that such impacts may occur (Public Resources Code Section 21080(c)).

The environmental documentation is intended as a document undertaken to provide an environmental basis for discretionary actions required to implement the Project. The environmental documentation and supporting analysis is subject to a public review period. During this review, public agency comments on the document should be addressed to the City. Following review of any comments received, the City will consider these comments as part of the Project’s environmental review and include them with the Initial Study documentation for consideration by the Planning Commission and City Council.

The determination by the City is that the preparation of an MND is adequate to address the potential environmental issues associated with construction and operation of the Project.

Therefore, this document is an Initial Study/MND (IS/MND). If the evaluation determines that a significant impact cannot be reduced to a less than significant level, then an environmental impact report would be required.

1.2 Purpose
The City has prepared this Draft IS/MND to provide the public and responsible agencies with information about the potential environmental impacts associated with implementation of the City’s MUOD Project. This Draft IS/MND includes project-level analysis of the potential effects associated with the Project.

This Draft IS/MND was prepared in compliance with the content requirements in Section 15071 of the CEQA Guidelines of 1970 (as amended) and CCR Title 14, Division 6, Chapter 3. In accordance with Section 15071, this Draft IS/MND includes a description of the Project, the location of the Project, a proposed finding that the Project will not have a significant effect on the environment, an Initial Study that documents reasons to support the finding, and mitigation measures to avoid potentially significant impacts.

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Section 1 Introduction

1.2 Purpose
City of Covina’s Mixed-Use Overlay District Project 1-4 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022

INTENTIONALLY BLANK

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City of Covina’s Mixed-Use Overlay District Project 2-1 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 SECTION 2
Project Description

2.1 Project Location
Regionally, the Project is located in the City of Covina within the San Gabriel Valley of Los Angeles County (County); refer to Figure 2-1, Regional Location Map. The surrounding jurisdictions include Duarte, Azusa, and Glendora to the north, San Dimas to the east, West Covina to the south, and Irwindale and Baldwin Park to west and pockets of Los Angeles County Unincorporated Areas adjacent and within city limits. Locally, the Project is located in 141 parcels within 13 Project Areas (Areas A, B, C, D, E, F, G, H, I, J, K, L, and M) consisting of approximately 74.83 acres located throughout the City; refer to Figure 2-2, Local Vicinity Map.

The 141 parcels within the 13 Project Areas, in their entirety, are referred to as the Project Sites.

Regional access to the Project Sites is via Interstate 210 (I-210) to the north, Interstate 10 (I-10) to the south, and South Azusa Avenue/California State Route 39 to the east of Project Areas L, K, and M and to the west for the remainder of the Project Areas. Local access to the Project Areas is from various roadways throughout the City.

2.2 Surrounding Land Uses
As described above, the Project and the associated future development and redevelopment are located in 141 parcels within 13 Project Areas located throughout the City. Land uses immediately adjacent to the 13 Project Areas consist of the following:
• Project Area A: East Arrow Highway, commercial uses, and multifamily residences to the north; single-family residences and Ranger Drive to the east; commercial uses, multifamily residences, single-family residences, and the Tri-Community Adult School to the south; and Ranger Drive, North Citrus Avenue, and commercial uses to the west. • Project Area B: East Arrow Highway and commercial uses to the north; single-family residences to the east; single-family residences to the south; and North Hollenbeck Avenue and commercial uses to the west.
• Project Area C: East Arrow Highway and commercial uses to the north; North Hollenbeck Avenue and commercial uses to the east; commercial uses and single-family residences to the south; and single-family residences to the west.
• Project Area D: East Covina Boulevard, commercial uses, and single-family residences to the north; multifamily residences, single-family residences, North Citrus Avenue, and commercial uses to the east; East Cypress Street, single-family residences, multifamily residences, and commercial uses to the south; and North Citrus Avenue, single-family residences, multifamily residences, and commercial uses to the west.

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Section 2 Project Description

2.2 Surrounding Land Uses
City of Covina’s Mixed-Use Overlay District Project 2-2 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 Figure 2-1 Regional Location Map

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Section 2 Project Description

2.2 Surrounding Land Uses
City of Covina’s Mixed-Use Overlay District Project 2-3 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 Figure 2-2 Local Vicinity Map
11x17

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Section 2 Project Description

2.2 Surrounding Land Uses
City of Covina’s Mixed-Use Overlay District Project 2-4 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022

INTENTIONALLY BLANK

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Section 2 Project Description

2.3 Existing Site Conditions
City of Covina’s Mixed-Use Overlay District Project 2-5 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 • Project Area E: Commercial uses and single-family residences to the north; South Citrus Avenue and single-family residences to the east; West Dexter Street and commercial uses to the south; and commercial uses to the west.
• Project Area F: West Dexter Street, commercial uses, and West Puente Street to the north; commercial uses and single-family residences to the east; West Puente Street and commercial uses to the south; single-family residences and Covina District Field to the west. • Project Area G: East Rowland Street and commercial uses to the north; commercial uses and South Barranca Avenue to the east; East Rowland Street, commercial uses, and singlefamily residences to the south; and commercial uses to the west. • Project Area H: East San Bernardino Road and commercial uses to the north; North Barranca Avenue and commercial uses to the east; single-family residences to the south; and Oakbank Avenue and commercial uses to the west.
• Project Area I: East San Bernardino Road and commercial uses to the north; Oakbank Avenue and commercial uses to the east; North San Jose Avenue and multifamily residences to the south; and North 1st Avenue and religious uses to the west. • Project Area J: East San Bernardino Road, commercial uses, and East Rue Royale Street to the north; North Prospero Drive and multifamily residences to the east; East Rue Royale Street, multifamily residences, and Covina Elementary School to the south; North Barranca Avenue, commercial uses, and single-family residences to the west. • Project Area K: Single-family residences, West San Bernardino Road and commercial uses to the north; commercial uses to the east; West San Bernardino Road, multifamily residences and commercial uses to the south; North Lark Ellen Avenue and commercial uses to the west. • Project Area L: Commercial uses to the north; Cutter Way and multifamily residences to the east; West San Bernardino Road and commercial uses to the south; and commercial uses to the east.
• Project Area M: West San Bernardino Road, commercial uses, and single-family residences to the north; North Vincent Avenue and commercial uses to the east; commercial uses to the south; and single-family residences to the west.

2.3 Existing Site Conditions
As described above, the Project and the associated future development and redevelopment are located in 141 parcels within 13 Project Areas located throughout the City. The existing site conditions of the 13 Project Areas consist of developed lots generally comprising of commercial uses, asphalt surface parking lots, and ornamental landscaping and trees.

2.4 Existing General Plan Designations/Zoning
Classifications
The existing general plan designations for the 141 parcels within the 13 Project Areas consist of General Commercial (GC), Town Center Commercial (TC-C), and General Industrial (GI).

Permitted uses in each general plan designation is described below.

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Section 2 Project Description

2.4 Existing General Plan Designations/Zoning Classifications City of Covina’s Mixed-Use Overlay District Project 2-6 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 Permitted uses in the General Commercial (GC) general plan designation include various types of retail and service businesses and administrative, professional, and governmental offices that serve a diverse population and that comply with applicable use, operation, and other provisions of the City of Covina’s Zoning Ordinance (Zoning Ordinance) and the applicable Redevelopment Plan.

Additionally, permitted uses include, but are not limited to, institutional uses, such as churches, group homes, nursing homes, and hospitals; utility and transportation facilities; automotive sales; automotive repair shops; gas stations; self-storage outlets; animal hospitals; and parking lots.

Within the Town Center Commercial (TC-C) general plan designation, permitted uses include high density residential, commercial, and service uses that provide resources to transit riders and the immediate and neighboring residential areas, and public open space.

Permitted uses in the General Industrial (GI) general plan designation include manufacturing, processing, assembly, warehousing, and related activities plus ancillary administrative offices that comply with applicable use, operation, and other provisions of the Zoning Ordinance, the City’s Building Code, Fire Code, and other related City codes. Additionally, permitted uses include, but are not limited to, animal hospitals, automotive repair shops, very limited retail functions, gas stations, self-storage outlets, and parking lots.

The existing zoning classifications for the 141 parcels within the 13 Project Areas consist of C-P (Administrative and Professional Office), C-2 (Neighborhood Shopping Center), C-3 (Central Business), C-3A (Commercial Zone, Regional or Community Shopping Center), C-3A (Planned Community Development [PCD]) (PCD Administrative and Professional Office), C-4 (Commercial Zone, Highway), C-5 (Specified Highway), M-1 (Industrial Zone), TC-C (Town Center Zone), and RD-1500 (Multiple-Family).

The C-P (Administrative and Professional Office) zoning classification is intended to provide for the development of an integrated office and professional zone wherein all of the related types of uses and facilities may be located. The C-2 (Neighborhood Shopping Center) zoning classification is intended to serve as a shopping center. The intent of the C-3 (Central Business) zoning classification is to serve as the central trading area of the City. The C-3A (Commercial Zone, Regional or Community Shopping Center) zoning classification is intended to provide for planned, unified shopping centers at community and regional levels. The C-3A (PCD) (PCD Administrative and Professional Office) zoning classification is intended to include any of the uses allows in the underlying zone by rights of zoning or by conditional use permit, as well as such other uses as may be permitted. The PCD may provide diversification in location of structures, uses, and other site qualities while ensuring compatibility with uses and future developments on the surrounding areas as indicated within the City’s General Plan (General Plan). The intent of the C-4 (Commercial Zone, Highway) zoning classification is to provide for highway-related uses. The C-5 (Specified Highway) zoning classification is intended to provide for specified highway-related commercial uses. The M-1 (Industrial Zone) zoning classification is intended to provide for the development of industrial uses which include fabrication, manufacturing, assembly or processing of materials that are in already processed form. The intent of the TC-C (Town Center Zone) zoning classification is to serve as a general commercial trading area, emphasizing unique services and specialty shops that preserve the character of the town

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Section 2 Project Description

2.4 Existing General Plan Designations/Zoning Classifications City of Covina’s Mixed-Use Overlay District Project 2-7 ESA / D202100759.01 Initial Study/Mitigated Negative Declaration August 2022 center and promote a pedestrian-oriented environment. The RD-1500 (Multiple-Family) is intended to provide for the development of multifamily residential structures such as apartments, condominiums, townhouses, stock cooperatives, and community apartments.

Specifically, the existing general plan designations and zoning classification for each of the 13 Project Areas are the following:
• Project Area A: The general plan designation for Project Area A is General Commercial (GC). The zoning classifications for Project Area A are C-3A (Commercial Zone, Regional or Community Shopping Center) and C-4 (Commercial Zone, Highway). • Project Area B: The general plan designation for Project Area B is General Commercial (GC). The zoning classification for Project Area B is C-3A (PCD) (PCD Administrative and Professional Office).
• Project Area C: The general plan designation for Project Area C is General Commercial (GC). The zoning classification for Project Area C is C-2 (Neighborhood Shopping Center). • Project Area D: The general plan designation for Project Area D is General Commercial (GC). The zoning classifications for Project Area D are C-2 (Neighborhood Shopping Center) and C-4 (Commercial Zone, Highway).
• Project Area E: The general plan designation for Project Area E is Town Center Commercial (TC-C). The zoning classifications for Project Area E are C-3 (Central Business) and TC-C (Town Center Zone).
• Project Area F: The general plan designation for Project Area F is General Commercial (GC).

The zoning classifications for Project Area F are C-3A (Commercial Zone, Regional or Community Shopping Center), C-3 (Central Business), and C-4 (Commercial Zone, Highway). • Project Area G: The general plan designation for Project Area G is General Commercial (GC). The zoning classifications for Project Area G are C-2 (Neighborhood Shopping Center), C-3A (Commercial Zone, Regional or Community Shopping Center), C-P (Administrative and Professional Office), and RD-1500 (Multiple-Family). • Project Area H: The general plan designation for Project Area H is General Commercial (GC). The zoning classifications for Project Area H are C-2 (Neighborhood Shopping Center), C-5 (Specified Highway), and C-P (Administrative and Professional Office). • Project Area I: The general plan designation for Project Area I is General Commercial (GC).

The zoning classifications for Project Area I are C-2 (Neighborhood Shopping Center) and C4 (Commercial Zone, Highway). • Project Area J: The general plan designation for Project Area J is General Commercial (GC). The zoning classifications for Project Area J are C-5 (Specified Highway), C-4 (Commercial Zone, Highway), and C-P (Administrative and Professional Office). • Project Area K: The general plan designation for Project Area K is General Commercial (GC). The zoning classifications for Project Area K are C-4 (Commercial Zone, Highway) and C-P (Administrative and Professional Office).
• Project Area L: The general plan designation for Project Area L is General Industrial (GI).

The zoning classification for Project Area L is M-1 (Industrial Zone). • Project Area M: The general plan designation for Project Area M is General Commercial (GC). The zoning classification for Project Area M is C-2 (Neighborhood Shopping Center).

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Covina City CouncilNovember 15, 2022

Covina City Council
November 15, 2022