Ordinance 23-14 Page 9 of 15
permit pursuant to an appeal, vending operations may proceed in accordance with the Hearing Officer’s decision. Notwithstanding any other provision of this Code, a sidewalk vendor or mobile food facility operator whose permit has been rescinded shall be ineligible for a new vending permit – and no vending permit shall issue to said vendor or operator, for a period of twelve (12) months from the date of the rescission.
SECTION 19. Subsection 5.90.120.A (“Administrative Citations”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby amended to read as follows:
A. Except as provided herein below, any violation of this Chapter by a sidewalk vendor who has a current and valid sidewalk vending permit issued by the City pursuant to this Chapter only by an administrative citation issued in accordance with Chapter 1.26 of this Code in the following amounts:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of the first violation.
3. Five hundred dollars ($500) for each additional violation within one year of the first violation.
SECTION 20. Subsection 5.90.120.B (“Administrative Citations”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby amended to read as follows:
B. Any violation of this Chapter by a sidewalk vendor without a current and valid sidewalk vending permit or by any mobile food facility operator is punishable by an administrative citation in the following amounts:
1. Two hundred fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one year of the first violation.
3. One thousand dollars ($1000) for each additional violation within one year of the first violation.
4. Upon proof of a valid sidewalk vending permit by any sidewalk vendor issued an administrative citation, the fines set forth in this paragraph shall be reduced to the amounts set forth in Subsection A hereinabove. This reduction is not applicable to any fine imposed upon a mobile food facility operator.
SECTION 21. Subsection 5.90.120.C (“Administrative Citations”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby amended to read as follows:
C. A violation of this chapter by a sidewalk vendor shall not be punishable as an infraction or misdemeanor. No sidewalk vendor alleged to have violated the provisions of this Chapter shall be subject to arrest except when otherwise permitted by law.
Ordinance 23-14 Page 10 of 15
SECTION 22. Subsection 5.90.120.E (“Administrative Citations”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby amended to read as follows:
E. When assessing administrative citations issued to a sidewalk vendor pursuant to this chapter, the hearing officer shall take into consideration the person’s ability to pay the fine. The city shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. This is not applicable to a citation issued to a mobile food facility operator.
SECTION 23. Subsection 5.90.120.F (“Administrative Citations”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby amended to read as follows:
F. If a sidewalk vendor issued an administrative provision alleging a violation of any provision of this chapter meets the criteria described in California Government Code Section 68632(a) or (b), the city shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this chapter.
SECTION 24. Subsection 5.90.120.H (“Administrative Citations”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby amended to read as follows:
H. Notwithstanding subsections (A) through (G) of this section, penalties for violations of this chapter related to mobile food facility operation shall be as set forth in Chapter 1.16 or 1.26 of this Code (as determined by the Enforcement Official or City Prosecutor) and any penalties provided therein are cumulative to any other penalty provided by law.
SECTION 25. Section 5.90.135 (“Removal of Sidewalk Vending Items from Public Right-of-Way”) of Chapter 5.90 (“Sidewalk Vendors and Mobile Food Facilities”) of Title 5 (“Business Licenses and Regulations”) of the Covina Municipal Code is hereby added to read as follows:
5.90.135 Removal of Sidewalk Vending Items from Public Right-of-Way A. Definition. As used in this Section, “Sidewalk Vending Items” or “Items” shall include any vending cart, food, merchandise, goods, utensils, propane tanks, and all other equipment utilized in a sidewalk vending operation.
B. Removal Authorization. In order to protect the health, safety, and welfare of sidewalk vendors, patrons, and the general public, any Enforcement Official (as defined by this Chapter) may cause the removal of Sidewalk Vending Items from any public sidewalk, park, or other right-of-way in accordance with the provisions of this Section and
Ordinance 23-14 Page 11 of 15
any other rules and regulations duly promulgated by the Director (in accordance with Section 5.90.140 of this Code).
C. Grounds for Removal. Sidewalk Vending Items may be summarily removed from any public sidewalk, park, or other right-of-way based upon a determination by an Enforcement Official that any of the following grounds exist – each of which the City Council has determined constitutes an imminent threat to the health, safety, and welfare of a sidewalk vendor, patrons, and/or the general public).
1. The Sidewalk Vending Items are being used to vend or display any prohibited merchandise or food in violation of Section 5.90.080.CC of this Chapter.
2. The Sidewalk Vending Items are being used to vend or display food without a current and valid required permit as issued by the Department of Public Health being displayed on the vending cart.
3. The Sidewalk Vending Items on sidewalks that cause or contribute to a substantial obstruction to accessibility requirements on sidewalks or adjacent real property.
a. For purposes of this provision, “substantial obstruction” shall mean providing less than forty-eight inches (48”) of accessible path of travel, without obstruction, along the paved portion of any sidewalk or park pathway, so as to prevent persons to freely walk, run, or use mobility assistance devices upon that sidewalk or pathway, or that otherwise violates the Federal Americans with Disabilities Act of 1990 and other disability access standards.
4. The Sidewalk Vending Items are left unattended for a period of at least 20 consecutive minutes.
a. For purposes of this provision, an Enforcement Official may satisfy the 20-minute observation period by placing or attaching a notice to the Sidewalk Vending Items or adjacent to the Items, and then observing and documenting the notice and/or Items is/are undisturbed after the passage of at least 20 minutes. A separate written notice for each Item appearing to be used by the same sidewalk vending operation is not required to satisfy the observation period.
b. Prior to removal of unattended Sidewalk Vending Items, the Enforcement Official shall make a reasonable attempt to locate the owner(s) of the unattended Items and to request removal of the items. If the owner cannot be identified or located, the Enforcement Official may cause the removal of the Items.
5. The Sidewalk Vending Items are abandoned.
a. For purposes of this provision, Items shall be deemed abandoned in any of the following circumstances:
i. A vendor affirmatively disavows or denies
ownership of any Sidewalk Vending Items in response to an Enforcement Official’s question as to ownership;
Ordinance 23-14 Page 12 of 15
ii. A vendor affirmatively relinquishes ownership or
control over any Sidewalk Vending Items; or,
iii. The Enforcement Official observes a vendor
discarding and leaving such Sidewalk Vending Items on public property in such a manner that leads the Enforcement Official to find, based upon the totality of the circumstances, that the vendor has abandoned the Items.
b. Sidewalk Vending Items that are placed in the car or possession of another individual present at the scene does not constitute abandonment (however, removal might be authorized pursuant to another provision of this Section or other applicable law).
6. The Sidewalk Vending Items constitute an imminent threat to the health and safety of the general public as determined by the Enforcement Official.
7. The Sidewalk Vending Items create an imminent environmental hazard as determined by the Enforcement Official – including, but not limited to, illicit discharges into the City’s MS4 or receiving waters; discharge of fats, oil, grease, or other slippery substances onto the sidewalk, landscaped parkway, or street or roadway.
8. The Sidewalk Vending Items are being used to vend or display any merchandise or food in any location that constitutes a violation of Section 5.90.080 of this Chapter, and the operator fails to comply with an Enforcement Official’s instructions to remove the Sidewalk Vending Items from the public sidewalk, park, or other right-of-way in a reasonable amount of time as determined by the Enforcement Official.
Nothing in this section limits, modifies, or negates any other ground or basis for removal or impoundment as allowed by Federal, State, or local law – including, but not limited to the removal of Sidewalk Vending Items from public or private property that constitutes evidence of a crime, or pursuant to California Health & Safety Code 114393(a).
D. Removal Procedure. The removal of any Sidewalk Vending Items shall be in accordance with the following procedures and any other rules and regulations promulgated by the Director (in accordance with Section 5.90.140 of this Code).
1. Notice of Removal. At the time of removal of any Sidewalk Vending Item, the Enforcement Official shall provide the person from whom the Sidewalk Vending Items are being taken or who otherwise asserts ownership, possession, or control over the Items with a Notice of Removal that includes instructions and timeframes for the retrieval of the Items (as set forth in this Section). The Notice shall also advise the person of his or her right to appeal the removal of the Items within fourteen (14) calendar days of removal.
a. In the event that the owner or other person in possession and control of the Items to be removed leaves the scene or otherwise refuses to accept the Notice, the Enforcement Official shall mail the Notice via first class mail to the person from whom the Items were removed or who otherwise asserts possession and control of the Items within twenty-four (24) hours of removal if the person provided his or her name and contact information to the Enforcement Official.
Ordinance 23-14 Page 13 of 15
2. Inventory. Irrespective of the basis for removal, the Enforcement Official shall document, at a minimum, the following information (as applicable):
a. The time period when the Enforcement Official observed unattended Sidewalk Vending Items;
b. The location where the Sidewalk Vending Items were
located prior to removal;
c. Any reasonable attempt to locate the owner of the Sidewalk Vending Items – including any person’s refusal to provide identification; d. The circumstances that support the Enforcement Official’s determination of the grounds or bases for removal – including the vendor’s failure to comply with an Enforcement Officer’s instructions to remove the Sidewalk Vending Items from the sidewalk, park, or other public right-of-way;
e. The date and time of removal of the Items;
f. An inventory with a complete description of Sidewalk Vending Items removed – including any items that were disposed of pursuant to Subsection
5.90.135.D.3.a hereinbelow. The inventory should also state the basis for disposing of any removed Item.
i. If, based upon a totality of the circumstances, the
Enforcement Official cannot complete an inventory of each Item being removed at the time of removal due to safety concerns, the Enforcement Official may relocate the Sidewalk Vending Items to a safe location and complete the inventory and description of Items thereat. No Item shall be disposed of prior to completion of the inventory of that Item.
3. Storage or Disposal of Removed Sidewalk Vending Items a. An Enforcement Official may immediately dispose of any removed Sidewalk Vending Item that is perishable, the storage of which would constitute a health or safety concern, or that otherwise cannot be safely stored by the City. b. Notwithstanding the provisions of Chapter 2.24 of this Code, other than those Sidewalk Vending Items that are removed pursuant to Subsection
5.90.135.D.3.a, hereinabove, all other Sidewalk Vending Items removed pursuant to the provisions of this Section shall be held and stored at a City facility approved by the Director for a period of not less than ninety (90) calendar days from the date of removal unless the person from whom the Items were removed or who otherwise asserts possession and control of the Items reclaims the Items sooner in accordance with Subsection 5.90.135.E hereinbelow.
4. Forfeiture of Unclaimed Items to the City. Notwithstanding the provisions of Chapter 2.24 of this Code, any Sidewalk Vending Items that are not reclaimed in accordance with the provisions of Subsection 5.90.135.E within ninety (90) calendar days from the date of removal shall be forfeited to the City and may be disposed of or sold by the City in its sole discretion, without regard to any actual or salvage value (if any).
Forfeiture and disposal or sale of unclaimed Items shall be stayed pending any timely
Ordinance 23-14 Page 14 of 15
appeal filed in accordance with Section 5.90.135.F (except for those Items disposed of in accordance with Subsection 5.90.135.D.3.a).
E. Reclaiming of Removed Items by Owner or Operator. Prior to the expiration of the 90-day retention period set forth in Subsection 5.90.135.D.3.b, any person to whom a Notice of Removal was provided or other person asserting ownership of Sidewalk Vending Items removed by the City may reclaim the Items upon providing satisfactory proof of ownership and payment to the City of any applicable removal and storage fees. An appeal is not required to reclaim removed Items.
F. Appeal of Removal of Sidewalk Vending Items. Any person to whom a Notice of Removal was provided or other person asserting ownership of Sidewalk Vending Items removed by the City may contest/appeal the removal of Sidewalk Vending Items by filing a written Request for Appeal with the Community Development Department within fourteen (14) calendar days of removal. Any Request for Appeal shall contain, at a minimum, the following information (if known to the appellant):
1. The date and time the Items were removed by the City;
2. The location from which the Items were removed by the City;
3. If appellant is not the person to whom a Notice of Removal was issued, proof of ownership of the Items that were removed by the City;
4. A brief statement explaining why the removal was improper in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.
Other than as set forth in this Section and unless alternative rules and regulations governing the appeal hearing are promulgated by the Director (pursuant to Section 5.90.140), appeals challenging the removal of Sidewalk Vending Items shall be conducted in accordance with the procedures and requirements of Chapter 1.26 of this Code. As California Government Code Section 53069.4(b) is inapplicable to appeals of the removal of Sidewalk Vending Items, and notwithstanding Sections 1.26.100.C and
1.26.100.E, the determination of the Hearing Officer on any timely appeal shall be deemed a final and binding administrative decision and shall not be subject to an appeal to the Superior Court.
SECTION 26. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each article, section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more articles, sections, subsections, paragraph, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 27. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this __ day of ______, 2024.
Ordinance 23-14 Page 15 of 15
City of Covina, California
BY:
WALTER ALLEN, III, Mayor
ATTEST:
____________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
__________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 23-14 was introduced for first reading at a regular meeting on the __ day of _____, 2023.
Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the __ day of ______, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #9.j
Meeting: January 16, 2024
Title: Resolution CC 2024-02 Authorizing the Acceptance of Grant Funds and Authorizing the City Manager to Enter into Contract with the California Energy Commission to Facilitate an Automatic Permitting Program for Solar Residential Projects Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Staff recommends the approval of Resolution CC 2024-02.
EXECUTIVE SUMMARY:
Recent California Law requires California cities and counties to implement an online, automated code compliance verification and permitting platform for residential solar energy systems (SB379, 2022). As part of the effort to expedite compliance in California, the California Energy Commission (CEC) is offering grants (on a first comefirst served basis and award based on population size), to assist with the implementation of such programs including consultant costs, staff training, and training for local installers.
The City is currently implementing Clariti as the new permitting software to process Code Enforcement Citations, Planning approvals, and Building & Safety, Police Department, and Public Works permits online. Clariti is expected to be ready to use by late January/early February. The integration of SolarAPP+ is a minor additional scope (estimated at $7,000 and may be approved administratively) to an already existing project which can be funded entirely from the Automatic Permitting Program through the CEC. The additional scope is expected not to exceed three months, and will consist of consultant (Speridian) scope of work to build the integration, staff time to manage the project, staff & consultant training, and potentially a workshop for local installer education regarding SolarAPP+ for residential solar projects in Covina.
The City of Covina received a notice of proposed award by the CEC totaling Sixty Thousand Dollars ($60,000) in reimbursable grant funds for the City to implement an automated permitting program for residential solar projects, as required by the State. At this stage it is prudent that the project be approved, and the allocation of expenses and revenues be set up so as to facilitate the tracking of this project. The Adoption of Resolution CC 2024-02 would authorize the city manager to enter into Contract with the CEC for acceptance of grant funds, authorize the creation of the SOLAR project accounts, and authorize the amendment to the fiscal year 2023-2024 operating budget to appropriate $60,000 from the general fund to the project.
FISCAL IMPACT:
Adopting Resolution CC 2024-02 would result in a temporary general fund impact of $60,000, as the grant award is received on a reimbursement basis. Accepting the grant award may result in a maximum of Sixty Thousand Dollars ($60,000) in general fund savings for costs such as:
Staff payroll associated with the adoption of the program and training sessions Consultant costs related to the integration of SolarAPP+ within Clariti permitting software.
In addition to the above savings, the grant program may also be used to facilitate training sessions for local installers. It is also important to note that Covina is required to implement such a program under Senate Bill 379.
Funds not used by this project are to be returned to the general fund.
The adoption of Resolution CC 2024-02 would result in the following account creations and appropriations for the Fiscal Year 2023-2024 operating budget.
Account Number Account Title Original
Budget Increase Amended Budget
22304100-41290-
SOLAR Grant Reimbursement $0 $60,000 $60,000
22304100-50010-
SOLAR Personnel Costs $0 $45,000 $45,000
22304100-51005-
SOLAR Consultant(s) Cost $0 $10,000 $10,000
22304100-53990-
SOLAR Other expenses $0 $5,000 $5,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Covina APP-23-008
ADDRESS AGREEMENT TERM
125 E College Street
Covina CA, 91723
10/26/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.
PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1
REIMBURSABLE AMOUNT
$ 60,000
MINIMUM MATCH SHARE REQUIRED
$ 0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 60,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME NAME
Adrienne Winuk
TITLE TITLE
Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
Chris Marcarello
City Manager
ATTACHMENT A
ATTACHMENT 01
Grant Application Form - EXHIBIT A
1. California Automated Permit Processing {CalAPP) Program APPLICANT INFORMATION {REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
City of Covina
Jurisdiction Type (select one):
�City D County D City and County
Current Estimated Population State of California Degartment of Finance Demograghics (https://dof.ca.gov/forecasting/Demographics/):
D Less than 50,000 D From 100,000 to 200,000
IXI From 50,000 to 99,999 D Greater than 200,000
Project Manager Name Daniella Andrade
(serves as point
of contact for all Street Address 125 E College Street
communications J City and Covina 91723
Zip Code
Phone Number (626) 384-5445
E-Mail Address [email protected]
2. FUNDING {REQUIRED)
Assigned Maximum Grant Amount (select !ll1§)
D Group 1 {$40,000): Population less than 50,000
IXI Group 2 {$60,000): Population from 50,000 to 99,999 D Grou11 3 ($80,000): Population from 100,000 to 200,000 D Group 4 {!;100,000): Population greater than 200,000
Oct. 2023 Page 1 of 4
calAPP Attachment 01
APP-23-008
City of Covina
3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:
!X! SolarAPP+
□ Other (Symbium, in-house software, etc.). If selected, complete Section 4 C'Additional Information'')
B. Please select allowable budget item(s) anticipated to be used (Select at least one):
IXI Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
IXI Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
IXI Ongoing staff training and education, specific to the platform IXI Ongoing training events for local installers, specific to the platform IXI Essential hardware or equipment necessary to support adoption of the platform
IXI Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
r Activity
--
1 Date (Month/Year)
I Begin Development/Pilot I �cember 2023
-----
Full Adoption February 2024
Staff Training January 2024
Training for Local -Installers --- I February 2024
Oct. 2023 Page 2 of 4
calAPP Attachment 01
--
-
APP-23-008
City of Covina
4. ADDmONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.
Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Supports immediate generation of a permit job card following payment confirmation
Blocks noncompliant applications from receiving a permit EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use S. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.
Please indicate your acceptance of these terms.
Oct. 2023 Page 3 of 4
Ca!APP Attachment 01
OYes □ No
OYes □ No
OYes □ No
OYes □ No
OYes □ No
�Yes □ No
APP-23-008
City of Covina
6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Authorized
Representative:
Chris Marcarello
Title:
Phone Number:
E-mail Address:
Date:
Signature of
Authorized
Representative:
Oct. 2023
City Manager
(626) 384-5409
[email protected]
10-19-2023
NOTE: Do not overlap signature with surrounding border lines.
C31APP Attachment O 1
APP-23-008
City of Covina
Oct. 2023 Page 1 of 5 APP-23-008
City of Covina
California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions
Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.
1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.
2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:
A. Grant Funding Opportunity (GFO) 21-402.
B. Recipient’s application to CalAPP.
As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.
3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.
The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform.
Oct. 2023 Page 2 of 5 APP-23-008
City of Covina
• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.
4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.
5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following
Oct. 2023 Page 3 of 5 APP-23-008
City of Covina
has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow
Oct. 2023 Page 4 of 5 APP-23-008
City of Covina
interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.
Access to Sites and Records.
9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.
10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.
11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.
12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.
14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
15. Waiver
Oct. 2023 Page 5 of 5 APP-23-008
City of Covina
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.
16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.
17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.
19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
Exhibit C
CONTACT LIST
Oct. 2023 Page 1 of 1 APP-23-008
City of Covina
California Energy Commission Recipient
Commission Agreement Manager:
Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
Project Manager:
Daniella Andrade
Management Analyst
City of Covina
125 E College Street
Covina, CA, 91723
Phone: (626) 384-5445
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:
Chris Marcarello
City Manager
City of Covina
125 E College Street
Covina, CA, 91723
Phone: (626) 384-5409
e-mail: [email protected]
cc: [email protected]
Invoices, Progress Reports and NonConfidential Deliverables to:
California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:
Alan Sands
Senior Accountant
City of Covina
125 E College Street
Covina, CA, 91723
Phone: (626) 384-5511
e-mail: [email protected]
Legal Notices:
Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:
Brian K Lee
Community Development Director
City of Covina
125 E College Street
Covina, CA, 91723
Phone: (626) 384-5458
e-mail: [email protected]
cc: [email protected]
Certificate Of Completion
Envelope Id: 042A2F0FE7404F2F9318AF5F2CC4371A Status: Sent Subject: Complete with DocuSign: CEC Agreement APP-23-008 City of Covina.pdf Source Envelope:
Document Pages: 11 Signatures: 0 Envelope Originator:
Certificate Pages: 5 Initials: 0 Kevyn Piper
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
11493 Sunset Hills Road Suite 100
Suite 100
Reston, VA 20190
[email protected]
IP Address: 134.186.116.126
Record Tracking
Status: Original
11/3/2023 2:22:27 PM
Holder: Kevyn Piper
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Energy Resources Conservation and Development Commission
Location: DocuSign
Signer Events Signature Timestamp
Daniella Andrade
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/3/2023 2:28:22 PM
Resent: 1/4/2024 3:53:30 PM
Viewed: 1/4/2024 4:06:53 PM
Electronic Record and Signature Disclosure:
Accepted: 1/4/2024 4:06:53 PM
ID: 7400b3e6-2d1a-476f-a1bb-5766c99d5a73
Adrienne Winuk
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Daniella Andrade
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lucio Hernandez
[email protected]
Security Level: Email, Account Authentication
(None)
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kevyn Piper
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/3/2023 2:28:22 PM
Envelope Updated Security Checked 1/4/2024 3:53:29 PM
Envelope Updated Security Checked 1/4/2024 3:53:29 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Energy Resources Conservation and Development Commission (we, us or Company) may be required by law to provide to you certain written notices or disclosures.
Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/17/2020 2:24:13 PM Parties agreed to: Daniella Andrade
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Energy Resources Conservation and Development Commission:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise Energy Resources Conservation and Development Commission of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from Energy Resources Conservation and Development Commission
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Energy Resources Conservation and Development Commission
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify Energy Resources Conservation and Development Commission as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Energy Resources Conservation and Development Commission during the course of your relationship with Energy Resources Conservation and Development Commission.
ATTACHMENT B
RESOLUTION CC 2024-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-2024 OPERATING BUDGET TO ACCEPT AND APPROPRIATE $60,000 IN GRANT FUNDS
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH CALIFORNIA ENERGY COMMISSION OF THE
STATE OF CALIFORNIA TO ESTABLISH A CALIFORNIA
AUTOMATED PERMIT PROCESSING (CALAPP) PROGRAM
PROJECT FOR THE PURPOSE OF FACILITATING AN AUTOMATED
RESIDENTIAL SOLAR PERMITTING PORTAL
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, California Senate Bill 379 (2022) requires most California cities and counties to implement an online, automated permitting platform that verifies code compliance instantly for residential solar energy systems, or those systems including storage; and WHEREAS, the California Automated Permit Processing (CalAPP) Program, administered by the California Energy Commission, is a grant program for California cities and counties to establish online solar permitting to be in compliance with Senate Bill 379; and WHEREAS, the City of Covina applied for a grant award under the California Automated Permit Processing Program, Fiscal Year 2023-24; and WHEREAS, the City of Covina received a grant award from the California Energy Commission of the State of California, totaling a maximum of Sixty Thousand Dollars ($60,000) in reimbursable funds for the City to integrate; and
WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2023, and ending June 30, 2024, was approved on May 16, 2023; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments to the Budget shall be by approval and memorialized by Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Resolution CC 2024-02 Page 2 of 2
SECTION 1. Authorize the City Manager to enter into contract with the California Energy Commission to establish an automatic permitting program for Solar Residential projects in the City of Covina.
SECTION 2. Amend the fiscal year 2023-2024 Operating Budget as follows:
Account Number Account Title Original Budget Increase Amended Budget 22304100-41290-SOLAR Grant Reimbursement $0 $60,000 $60,000 22304100-50010-SOLAR Personnel Costs $0 $45,000 $45,000 22304100-51005-SOLAR Consultant Costs $0 $10,000 $10,000 22304100-53990-SOLAR Other expenses $0 $5,000 $5,000
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED and PASSED this 16th day of January, 2024.
City of Covina, California
BY:
WALTER ALLEN, III, Mayor
ATTEST:
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-02 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of January, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #9.k
Meeting: January 16, 2024
Title: Vehicle Purchase
Presented by: David Povero, Chief of Police
Recommendation: Approve the purchase of a new vehicle in the amount of $32,319.23.
EXECUTIVE SUMMARY:
Over the last two years, vehicle procurement has been incredibly difficult, with global supply chain issues resulting in limited vehicle inventories and considerable delays in pre-ordered vehicle deliveries. The unique global supply chain has had challenges. Vehicle acquisitions have been incredibly difficult, with limited vehicle inventories and the delivery of pre-ordered vehicles being significantly delayed. Staff has been able to locate a brand new 2024 Kia Sportage LX sport utility vehicle in the amount of $32,319.23 at Covina Valley Kia located here in Covina. This amount includes taxes and fees. This vehicle is a new addition to the police department fleet and not replacing an existing vehicle. Partnering with local fleet organizations over the past year, the Police Department has identified this vehicle to suit the needs of the Community Impact Team. Because of those unique market conditions, it is requested that the City Council consider approving this sale and waiving bidding requirements.
DISCUSSION:
This new vehicle will be used by the Community Impact Team (CIT) which is responsible for handling criminal activities and follow-ups to supplement patrol and detective activities. They are a proactive team that was created to improve quality of life issue within the Covina community. This assignment requires a vehicle for the team in order to do their job effectively. Up to this point, the CIT has not had a designated vehicle fitted for its mission.
In order to evaluate the proposed purchase price for the vehicle, staff closely examined vehicle pricing, options and trim within Eastern San Gabriel Valley. This review confirmed that the proposed purchase price of $32,319.23 is fair and roughly within 3% of market range.
Based on the reasonableness of these circumstances, it is requested that the City Council consider waiving competitive bid requirements per Municipal Code 2.20.080 Sections B. This section 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 apply 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:
$32,319.23 is available in FY 2023-24 under Central Equipment fund 7010 6010 55550.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #9.l
Meeting: January 16, 2024
Title: Restaurant Space Lease Agreement – 100 North Citrus Avenue Presented by: Chris Marcarello, City Manager
Angel Carrillo, Deputy City Manager
Brian Lee, Director of Community Development
Recommendation: That the City Council approve a lease agreement with Bear Sausage Co., LLC for the operation of a restaurant at 100 N. Citrus Avenue and authorize the City Manager to make any non-substantive changes that may be required prior to finalizing and executing the agreement.
EXECUTIVE SUMMARY:
In late 2022, the City acquired the Covina Theater located at 100-112 North Citrus Avenue. The space includes a 17,993 square foot theater space, roughly 6,250 square feet of ground floor retail space, roughly 2,400 square feet of second floor office space and 2,500 square feet of second floor banquet/restaurant space. Following the acquisition, the City Council entered into a management/operations agreement for the theater space, securing the Laugh Factory Covina as an anchor for the City’s downtown business district.
As a result of a vacancy for the retail/restaurant space at 100 N. Citrus, the City initiated marketing efforts for prospective tenants/uses for the space. Following a review of various prospective tenants, it is recommended that the City Council consider authorizing a 5-year lease agreement with Bear Sausage Co., LLC (“Bear Sausage”) for the space. The proprietors of Bear Sausage currently operate two (2) other restaurants in the San Gabriel Valley, including their operation of Domestic BBQ in Downtown Covina. As proposed, the new restaurant venture will feature a rotating/seasonal menu in a casual dining setting.
DISCUSSION:
After acquiring the Covina Theater, the former tenant at 100 N. Citrus vacated its lease for use as a retail restaurant facility. As a result, in late spring 2023, the City’s commercial real estate broker initiated marketing efforts to secure a new tenant. Also, during this time, the City completed facility improvements to the adjacent restrooms, creating a shared downstairs restroom space for use by the Laugh Factory and future restaurant tenant. Such improvements will provide increased restroom fixtures for a new restaurant and allow them to pursue the sales of alcohol at the space, subject to receiving City/State approvals.
The space at 100 N. Citrus consists of roughly 1,031 square feet, including a dining area, commercial kitchen, storage and restroom areas. The terms in the attached agreement have been reviewed by both parties and include the following:
Term: Five (5) years, running from February 1, 2024, through January 31, 2029; Rental Rate: $3 per square foot or $3,093 per month;
Rental Forgiveness: Nine (9) months, running February 1, 2024, through October 31, 2024, to provide tenant with adequate time to complete permitting from the City, County Department of Public Health and State Alcohol Beverage Control and build-out activities. Such request is consistent with the local market for commercial leases.
Security Deposit: Equal to one-month’s rental rate ($3,093).
Utilities: Responsibility of tenant
Shared Restroom Space: Tenant agrees to the Public Facilities Joint Use Protocol included in Exhibit “B” for the shared use of restrooms adjacent to the restaurant space. Tenant will be responsible for its proportionate share of related costs and day-to-day maintenance responsibilities for the restroom space. Insurance, Other Expenses: Tenant shall be responsible for insurance and other expenses, including taxable possessory interest that may be required.
Early Termination Resulting from Defaults: Shall the tenant default eight (8) or more times during the first twelve (12) months of the term, whether or not default is cured, then the Lease shall automatically terminate sixty (60) days after the last notice of default is provided to tenant, whether or not the default is cured.
The prospective tenant has included renderings of the proposed space which are included in Attachment A.
FISCAL IMPACT:
The proposed lease agreement will generate $3,093 per month, beginning in November 2024. For Fiscal Year 2024-25, it is projected that $24,744 in rental revenue will be generated for the City’s Theater Fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
-1-
12923-0001\2555127v3.doc
100 N. CITRUS AVENUE LEASE AGREEMENT FOR USE AS RESTAURANT THIS LEASE AGREEMENT (“Agreement” or “Lease”) is dated December 19, 2023 and is entered into by and between the CITY OF COVINA, a California municipal corporation (“Landlord”), and Bear Sausage Co., a California limited liability company (dba “Comedy Bistro” or such other dba name as may be selected by Tenant) (“Tenant”). Landlord and Tenant are sometimes individually referred to as “Party” and collectively as the “Parties.”
RECITAL
A. Landlord desires to lease a first-floor retail space located at 100 N. Citrus Avenue, Covina CA (which is a portion of Assessor Parcel No. 8445-020-022) and is more particularly described on Exhibit “A” for use as a restaurant.
B. Tenant desires to lease first floor retail space located at 100 N. Citrus Avenue Covina CA and open a restaurant concept called “Comedy Bistro”.
C. Tenant understands that restroom facilities for the first-floor retail space are shared with the adjacent Covina Theater and agrees to abide by the public facilities joint use protocol as described in Exhibit “B”.
NOW, THEREFORE, in consideration of the above recital, the mutual covenants hereinafter contained and for other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERMS
1.1 Demise. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord on the terms and conditions hereinafter set forth in this Agreement.
1.2 Term; Early Termination. The term of this Agreement shall commence on February 1, 2024 (“Term Commencement Date”) and shall expire on January 31, 2029.
However, if Landlord delivers a notice of default to Tenant eight (8) or more times during the first twelve (12) months of the term, whether or not the default is cured, then this Lease shall automatically terminate sixty (60) calendar days after the last notice of default is given, whether or not the default is cured.
Rental Rates. Concurrently with its execution and delivery of a counterpart of this Lease, Tenant agrees to pay to Landlord a base rent (“Base Rent”) of Three Thousand Ninety-Three and No/100 Dollars ($3,093.00) per month.
All monthly Base Rent payments shall be due and payable on the first day of each calendar month without offset or deduction or prior demand or notice. Base Rent payments shall be made by check, cashiers check or wire transfer. Delivery of payment shall occur as described in Section 5.3 Notices.
ATTACHMENT A
-2-
Landlord and tenant agree on an initial rent forgiveness period of nine (9) month at the start of this lease agreement. The rent forgiveness period shall begin in February 2024 and run through October 2024. The first month’s rent shall be payable on November 1, 2024.
All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be rent (“Rent”).
Security Deposit. The required security deposit under this Lease is Three Thousand NinetyThree and No/100 Dollars ($3,093.00).
If Tenant defaults under this Lease (or was in default under the existing/previous lease, with the exception of the unpaid rent due during the month to month tenancy which Landlord has waived), Landlord may use all or any part of such deposit for the payment of any amount in default, to cure any other default or to repair damages to the Premises caused by Tenant. In the event that Landlord uses any portion of the deposit pursuant to this Section, Tenant shall, within five (5) days after written demand therefor, deliver to Landlord an additional cash deposit, restore such cash deposit to the required amount, and Tenant’s failure to do so shall be a default under this Section
3.1.2 below. In the event Landlord uses any cash deposit as provided in this Section, such action shall not constitute a waiver of any other rights or remedies which Landlord may have by virtue of Tenant’s default. TENANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1950.7 TO THE EXTENT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
1.3 Utilities. Tenant shall be solely responsible for all utilities and establishing utility service to the Premises with all utility providers. Tenant shall pay directly to utility providers all amounts for electricity, gas, water, sewer, trash disposal, cable, telephone and other utility services used on or for the Premises. Tenant shall pay all initial utility deposits and fees, and all monthly service charges for electricity, gas, water, sewer, trash disposal, cable, telephone and any other utility services furnished to the Premises and the improvements on the Premises during the entire Term of this Lease. If any such services are not separately metered or billed to Tenant but rather are billed to and paid by Landlord, Tenant will pay to Landlord its pro rata share of the cost of such services, as determined by Landlord, together with its pro rata share of the cost of making such determination. Landlord will not be liable for any reason for any loss or damage resulting from an interruption of any of these services. Tenant agrees to
1.4 Permitted Use; Tenant’s Operation of Restaurant Business. Tenant’s shall use the Premises as a full-service restaurant, open at a minimum for dinner and lunch at least five (5) days per week. For weekend dinner service, tenant shall stay open for business until at least 12 a.m. midnight. Tenant shall continuously during the entire term hereof conduct and carry on Tenant’s business in the Premises and shall keep the Premises open for business and cause Tenant’s business to be conducted therein in accordance with sound business practices; provided, however, that this provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued thereon on account of damage or destruction, strikes, lockouts or similar causes beyond the reasonable control of Tenant. The restaurant may, but shall not be required to be, open on New Year’s Day or other holidays.
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Tenant shall obtain, at its sole cost and expense, all licenses, permits and approvals that the Regulations require for the use or operation of the Premises. The Tenant shall maintain all licenses, permits and approvals throughout the Term of this Agreement. Tenant shall be obligated to make any changes required by new laws and changes in laws and by the Americans With Disabilities Act.
1.10 Restrictions on Use of Premises. Tenant shall not occupy or use, or permit the Premises or any part thereof to be occupied or used, for any unlawful or illegal business, use or purposes, nor for any business, use or purposes which is disreputable or extra-hazardous. Tenant shall immediately upon discovery of any such unlawful, illegal, disreputable or extra-hazardous use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove occupants or other persons guilty of such unlawful, illegal, disreputable or extrahazardous use.
1.11 Repairs and Maintenance. Tenant shall maintain the grease trap in good condition and repair and Tenant shall maintain all other parts of the Premises in good, clean condition and repair and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Tenant shall be responsible for making major repairs (i.e., water heater replacement, plumbing problems, electrical, cosmetic, roofing repairs, grease trap, etc.) and shall be responsible for any damages (including vandalism) caused by the negligence or willful misconduct of Tenant, Tenant’s officials, officers, employees, volunteers, agents, invitees, guests, or any third party. Landlord shall not maintain the Premises during the term of this Agreement.
Landlord shall not be required to pay for any improvements or alterations.
1.11.1 Graffiti. In addition to any other maintenance obligation herein, Tenant shall be responsible for the prompt removal of any graffiti on the Premises after Tenant is provided notice that graffiti is present thereon. Within forty-eight (48) hours after Tenant is provided notice that graffiti is present on the Premises, Tenant shall remove any graffiti by either painting over the vandalized area with a paint that has been color-matched to the surface on which the paint is applied, or by use of solvents, detergents or water as appropriate. If such graffiti is not removed within the required forty-eight (48) hours by Tenant, Landlord shall have the right to enter on or upon the Premises to remove the graffiti. Tenant shall reimburse any sum expended by Landlord to remove the graffiti.
1.12 Condition of Premises. Tenant acknowledges that it has examined the Premises and shall take possession of same in an AS-IS condition. Tenant acknowledges and agrees that Landlord has made absolutely no representations, guarantees or warranties regarding the Premises, nor has Landlord made representations, guarantees or warranties regarding whether the Premises and improvements thereon comply with applicable covenants and restrictions of record, building codes, ordinances or statutes in effect at the commencement of this Agreement.
The subject Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy; of the lessee
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or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. In that regard, the parties agree that Tenant shall pay any such inspection fees and the cost of making any such repairs.
1.13 Delay in Possession. [INTENTIONALLY OMITTED]
1.14 Damage or Destruction of Premises. Unless as the result of negligence or intentional unlawful act of Tenant, if during the term of this Agreement, any portion of the Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Premises untenable, the obligations under this Agreement may be suspended while such portion of the Premises remains untenable. In the event of such damage, Tenant shall give Landlord notice of such untenable conditions and the Landlord shall elect in its sole discretion, whether to repair the Premises or to cancel this Agreement with respect thereto. Landlord shall notify Tenant in writing of its election within thirty (30) days after service of notice by Tenant. In the event that Landlord elects not to repair the Premises or portion thereof, this Agreement shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s).
1.15 Alterations and Additions. Tenant may make not make any alterations, improvements or additions in, about or to the Premises, unless approved in writing by Landlord, in its proprietary capacity as a landlord under this Lease.
1.16 Entry and Inspection. Tenant shall permit Landlord or Landlord’s agents to enter the Premises at all times upon reasonable prior oral or written notice (or without notice, in the event of an emergency) for the purpose of inspecting the Premises, for maintaining and making necessary repairs, restorations and replacements to the Premises as set forth above, and for otherwise determining Tenant’s compliance with this Agreement, and to address any emergency (but shall not be obligated to do so).
1.17 Assignment and Subletting. Tenant shall not assign or encumber this Agreement or sublet the Premises without the prior written approval of Landlord, in its sole and absolute discretion. A conveyance, in one transaction or a series, of 50% or more of the ownership of Tenant, or a change in the control of Tenant, shall be deemed an assignment of this Lease that requires such Landlord consent.
1.18 Assumption of Risk, Waiver, and Landlord’s Non-liability. To the maximum extent allowed by law, except for Landlord’s willful or actively negligent acts, Tenant assumes any and all risk of loss, damage or injury of any kind to any person or property which is on or about the Premises. Tenant’s assumption of risk shall include, without limitation, loss or damage caused by defects within the Premises or any fixture therein, accident, fire or other casualty on the Premises. To the maximum extent allowed by law, except for Landlord’s willful or actively negligent acts, Tenant hereby waives all claims and demands against Landlord, its officials, officers, employees, volunteers and agents for injury to persons, damage to property or any other interest of Tenant sustained by Tenant or any person claiming to be Tenant resulting from any occurrence on or about the Premises.
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expenses, settlement payments, and amounts paid in satisfaction of judgments. The obligations of Tenant pursuant to this Section shall survive the termination or expiration of this Agreement.
1.21 Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous Materials on the Premises is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Agreement. For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous wastes,” “extremely hazardous wastes,” or “restricted hazardous wastes,” or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.
1.22 Taxable Possessory Interest. Tenant acknowledges that the execution of this Agreement for the Premises creates a taxable possessory interest pursuant to Revenue Taxation Code Section 107, as amended from time to time, subjecting Tenant to pay any and all taxes levied on this interest in government owned real property. A taxable possessory interest exists when a person or entity has the right to a beneficial use of tax exempt, government owned real property whether Rent is paid or not. These possessory interest taxes are to be paid by Tenant directly to the County Tax Collector and shall be kept current, without delinquency. TENANT IS ADVISED
TO CONTACT THE COUNTY ASSESSOR PRIOR TO ENTERING INTO THIS
AGREEMENT FOR AN ESTIMATE OF THE POSSESSORY INTEREST TAX FOR THIS PROPERTY AND THE ACTUAL PAYMENT DUE DATES. PLEASE BE AWARE THAT THESE ESTIMATES ARE SUBJECT TO CHANGE. All possessory taxes are assessed yearly as of January 1st of each year. If the payment of the taxes become delinquent, Landlord may consider the failure to pay taxes owed a breach of this lease and grounds for termination. The person or entity in actual or constructive possession of the property on the lien date is liable for the tax for the entire year. There is no provision for proration of the taxes. Upon termination of the occupancy and thereby the taxable possessory interest, the Tenant is still responsible for the remaining portion of the tax bill through the end of that year.
1.23 Taxes. In addition to the possessory taxes described in Section 1.24 above, Tenant shall pay during the term of this Agreement, without abatement, deduction, or offset, any and all real and personal property taxes, general and special assessments, and other charges (including any increase caused by a change in the tax rate or by a change in assessed valuation) of any description levied or assessed during the term of this Lease by any governmental agency or entity on or against the Premises, personal property located on or in the Premises, or the leasehold estate created by this Agreement.
1.24 Surrender/Restoration. Tenant shall surrender the Premises by the expiration or earlier termination of this Agreement, with all of the improvements, parts and surfaces thereof broom clean and free of personal property and debris, and in good operating order, condition and
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state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practices. Tenant shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, furnishings and equipment as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or groundwater contaminated by Tenant. “Trade Fixtures” shall mean Tenant’s machinery and equipment that can be removed without doing material damage to the Premises. All Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Landlord and be surrendered by Tenant with the Premises. “Alterations” are defined as modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. “Utility Installations” are defined as all floor and window coverings, air lines, power panels, electrical distribution, security and fire protection systems, communication systems, lighting fixtures, HVAC equipment, plumbing, and fencing in and on the Premises. Tenant hereby agrees that if any personal property or trade fixtures are not promptly removed, Landlord may dispose of them in any manner (or retain them) without liability or compensation to Tenant and Tenant hereby waives all contrary laws and statutes.
1.25 Holding Over. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease with the written consent of the City, such tenancy shall (unless otherwise expressly agreed in writing) be a month-to-month tenancy terminated by either party upon thirty (30) days’ prior written notice, but the Base Rent shall be one hundred and fifty percent (150%) of the Base Rent in effect as of the expiration or earlier termination of this Lease.
2. INSURANCE
2.1 Time for Compliance. This Agreement shall not commence until Tenant has provided evidence satisfactory to the Landlord that Tenant has obtained all insurance required under this Section.
2.2 Insurance Requirements. Tenant shall, at its expense, procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, use, occupancy, management, operation, repair, maintenance or control of the Premises by the Tenant and/or its officers, officials, agents, representatives, volunteers or employees.
2.2.1 Minimum Scope of and Limits of Coverage. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (B) Proof of Automobile Liability: Insurance business or personal auto coverage and (C) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Tenant shall maintain limits no less than: (A) General Liability, $2,000,000 per occurrence for bodily injury, personal injury and property damage (if Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit); (B) Proof of business or personal Automobile Liability coverage for bodily injury and property damage; and (C) Workers’ Compensation and
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Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $2,000,000 per accident for bodily injury or disease.
2.2.2 Fire Legal Liability and Extended Coverage. Tenant shall also procure and maintain, at its own expense, for the duration of this Agreement fire legal liability and extended coverage insurance for Tenant’s fixtures, goods, wares, or personal property on or in the Premises.
2.2.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Tenant or the primary insured shall provide endorsements on forms supplied or approved by the Landlord to add the following provisions to the insurance policies:
(a) General Liability. The general liability policy shall be endorsed to state that: (A) the Landlord, its directors, officials, officers, employees, volunteers and agents shall be covered as additional insurers with respect to the possession, use, occupancy, management, operation, repair, maintenance or control of the Premises by the Tenant and its officers, officials, agents, representatives, volunteers or employees; and (B) the insurance coverage shall be primary insurance with respect to the Landlord, its officials, officers, employees, volunteers and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Tenant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Landlord, its directors, officials, officers, employees, volunteers and agents shall be excess of the Tenant’s insurance and shall not be called upon to contribute with it.
(b) Automobile Liability. No endorsement required.
(c) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Landlord and its officials, officers, employees, volunteers and agents for losses paid under the terms of the insurance policy which arise from work performed by the Tenant.
(d) All Coverages. The General Liability coverage required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Landlord; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Landlord and its officials, officers, employees, volunteers and agents.
2.2.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Landlord and its officials, officers, employees, volunteers and agents.
2.2.5 Deductibles and Self-Insurance Retentions. Landlord may require that any deductibles or self-insured retentions must be declared to and approved by the Landlord. Tenant shall ensure that, at the option of the Landlord, either: (A) the primary insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Landlord, its directors, officials, officers, employees and agents; or (B) the primary insured shall procure a bond
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guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
2.2.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:IV, licensed and admitted to do business in California, and satisfactory to the Landlord.
2.2.7 Verification of Coverage. Tenant shall furnish Landlord with original certificates of insurance and endorsements affecting coverage required by this Agreement on forms satisfactory to the Landlord. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Landlord if requested. All certificates and endorsements must be received and approved by the Landlord. Landlord reserves the right to require complete, certified copies of all required insurance policies, at any time.
3. DEFAULT; TERMINATION.
3.1 Landlord. Without limiting its ability to seek other remedies (either at law or in equity) that may be available to it pursuant to statute or judicial decision, Landlord may terminate this Agreement and all of its obligations hereunder, at its option, upon the occurrence of any of the following:
3.1.1 Tenant’s breach of any of its non-monetary obligations under this Agreement and failure to cure such breach within thirty (30) days after delivery of written notice from Landlord or, if such cure cannot reasonably be completed within thirty (30) days, Tenant’s failure to commence such cure promptly within the thirty (30) days after delivery of written notice or failure to thereafter diligently prosecute such cure to completion; or
3.1.2 Tenant’s breach of any of its monetary obligations under this Agreement and failure to cure such breach within five (5) days after delivery of written notice from Landlord.
Any notices required to be given under this Section shall be in lieu of, and not in addition to, the notices required by California’s Unlawful Detainer Statutes (Civil Code of Procedure section 1161 et seq.) and may conform to the requirements thereof in terms of their form and contents.
If this Agreement is terminated pursuant to this Section 4, Tenant hereby expressly, knowingly and voluntarily waives any and all rights, benefits and/or assistance it may be entitled to receive from Landlord due to such termination, including, without limitation, loss of goodwill, inverse condemnation, or relocation assistance as provided for in California Government Code Sections 7260, et seq. and 42 U.S.C. Sections 4601, et seq.
Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if
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known by him or her must have materially affected his or her settlement with the debtor.
Tenant hereby waives the benefits of Civil Code Section 1542 and all other state or federal statutes or judicial decisions of similar effect.
3.1.3 Recapture for Failure to Open for Business. Tenant shall open for regular business operations within eighteen (18) months of the commencement of this agreement, or July 31, 2024.
If the Tenant fails to open for regular business operations before this date, Landlord shall issue the Tenant a 60-day notice of default and the Tenant shall vacate the property at the conclusion of the sixty (60) day notice of default period.
3.2 Tenant. Tenant may terminate this Agreement upon Landlord’s breach of any of its obligations under this Agreement and Landlord’s failure to cure such breach within thirty (30) days after receipt of written notice from the Tenant or, if such cure cannot be completed within thirty (30) days, Landlord’s failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter diligently prosecute such cure to completion.
4. ENFORCEMENT OF AGREEMENT
4.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Los Angeles, California, regardless of the order of the signatures of the parties affixed hereto. Any litigation or other legal proceedings that arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County of Los Angeles, California. Tenant consents to the personal jurisdiction and venue in federal or state court located within or for the County of Los Angeles, California and hereby waives any defenses or objections thereto including defenses based on the doctrine of forum non conveniens.
4.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
Landlord’s consent or approval of any act by Tenant requiring Landlord’s consent or approval shall not be deemed to waive or render unnecessary Landlord’s consent to or approval of any subsequent act of Tenant. Any waiver by any party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
4.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by that party, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
4.4 Legal Action. In addition to any other rights or remedies, any party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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4.5 Attorneys’ Fees. If any party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs of suit from the losing party.
5. MISCELLANEOUS PROVISIONS
5.1 Construction; References; Captions. Since the parties or their agents have reviewed this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Tenant include all personnel, employees, agents, and subcontractors of Tenant, except as otherwise specified in this Agreement. All references to Landlord include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
5.2 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation herein. In no event shall the existing tenant have any right to enforce the terms hereof.
5.3 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing, addressed as specified below, and sent by prepaid, first-class certified mail to the address set forth below; however, Tenant may also personally deliver any written notice to Landlord by presenting the notice at the City Clerk’s office and having them date and time stamp it and give a copy of the date and time-stamped notice to Tenant then and there so Tenant can show it was so delivered. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section, or if hand delivered by Tenant to Landlord in accordance with this Section, then on the date stamped on the notice by the City Clerk. If notice is deemed received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.
To Landlord: To Tenant:
CITY OF COVINA
125 E. College Street
Covina, CA 91723
Attention: City Manager
BEAR SAUSAGE CO., LLC
705 E. DEXTER
Covina, CA 91723-2108
Attention: MILTON ARREDONDO
5.4 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement.
5.5 Time of Essence. Time is of the essence of every provision hereof in which time is a factor.
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By:
Chief Deputy City Clerk
APPROVED AS TO FORM:
By:
City Attorney
DRAFT
A-1
EXHIBIT “A”
PREMISES
100 N. Citrus Avenue, Covina, CA 91723
The Premises include a portion of APN 8445-020-022 and consist of an approximately 1,031 square foot restaurant and shared restroom facility.
The Premises are outlined on the attached diagram.
EXHIBIT “B”
PUBLIC FACILITIES JOINT USE PROTOCOL
The Public Facilities Joint Use Protocol shall apply to the joint/shared use of the ground floor Men’s and Women’s restrooms and the Public Parking Lots as follows:
1. Ground floor Men’s and Women’s restrooms (“Joint Use Restrooms”). The Joint Use Restrooms shall apply to the men’s and women’s restrooms located on the ground floor of the Covina Theater, adjacent to the secondary Badillo Street pedestrian exit. The Joint Use Restrooms are also proximate and adjacent to the ground floor retail restaurant space located at 100 N. Citrus Avenue.
a. The Joint Use Restrooms shall be made available to both the patrons of the Covina Theater and the 100 N. Citrus Avenue retail restaurant space. b. The fixed partition shall be installed in such a manner as to prohibit access of patrons from the 100 N. Citrus Avenue retail restaurant space into the interior of the Covina Theater. Covina Theater patrons will be able to access the Joint Use Restrooms from the Covina Theater space, as well as access the secondary pedestrian exit onto Badillo Street. The storage or placement of any materials or other physical obstructions within the hallway passages shall not be allowed, as they provide a means of ingress and egress for pedestrians at Covina Theater and the first-floor retail restaurant space. c. During Covina Theater performances where access to the Joint Use Restrooms are necessary for Covina Theater patrons, it will be the responsibility of the Laugh Factory Manager to have an Usher stationed at the fixed partition to ensure that unauthorized retail restaurant patrons do not access the Covina Theater during performances. d. The Laugh Factory Manager shall provide for Joint Use Restroom custodial services.
The 100 N. Citrus Restaurant Manager shall reimburse the Laugh Factory Manager with its proportionate share of costs for use of the restroom, according to itemized invoices provided by the Laugh Factory Manager. Additionally, the 100 N. Citrus Restaurant Manager shall complete necessary restroom maintenance functions, as they should be needed from time-to-time.
2. Public Parking. Patron parking for the Covina Theater is available in any City-owned parking facility in the downtown Covina area. Covina Theater patron parking use of the City-owned parking facilities are subject to the Covina Municipal Code and City of Covina Parking Policy.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.a
Meeting: January 16, 2024
Title: Consideration of Fiscal Year 2024-2025 Community Development Block Grant (CDBG) Program Budget
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Open the public hearing and receive public testimony;
2. Close the public hearing;
3. Consider approval of the FY 2024-2025 CDBG program budget as recommended in Column C of the Table on Attachment A with the provision that: a) the allocation be adjusted based on the final allocation as determined by the Los Angeles County Development Authority (LACDA), with a maximum of 15 percent of funding allocated for public service programs;
4. Adopt Resolution CC 2024-01, authorizing the allocation of the Fiftieth Year CDBG funds for FY 2024-2025; and
5. Authorize the City Manager or his designee to execute the documents related to the FY 2024-2025 CDBG funds.
EXECUTIVE SUMMARY:
As a municipality with a population below 50,000 prior to the most recent census count, the City of Covina (City) is ineligible to receive CDBG funding directly from United States Department of Housing and Urban Development (HUD). Instead, the City receives CDBG funds from LACDA through the Urban County Program.
Under this program, LACDA applies to HUD for CDBG funding, and then divides the funding amongst its subrecipients such as the City of Covina. The City’s CDBG funding is accounted for under the Community Development Department budget.
LACDA requires that the City submits a preliminary budget and spending contract by January 31 of each year.
Specific projects must be approved by LACDA and found to be in compliance with federal regulations. The FY 2024-2025 budget must take into account the scheduled Section 108 loan payment, which will reduce the amount of the FY 2024-2025 funds available for programming.
DISCUSSION:
The LACDA has notified the City that the estimated final allocation of CDBG funds for FY 2024-2025 is $306,874 CDBG funds can only be spent on activities that:
Benefit low- and moderate-income persons
Prevent or eliminate slum and blight, or
Meet community development needs having a particular urgency (must pose a serious and immediate threat to the health of welfare of the community).
Under the CDBG program, public service (non-capital/non-construction) projects are limited to 15 percent of the annual allocation. The public service allocation for FY 2024-2025 will be $46,031, based on the planning allocation amount of $306,874 as shown in the table below.
Table 1. Funding Availability
FY 2024-2025 allocation $306,874
Total available for public service programs ($ 46,031)
Total available for non-public service programs $260,843 Estimated Section 108 payment for FY 23-24 $179,066
Remaining funds available for non-public service
programming $ 81,777
Section 108 Payment
The HUD Public Offering for the Section 108 Loan Program was completed in March 2018, at an interest rate of 3%. Principal and interest payments are now established for the remainder of the 20-year term. In FY 24-25, $179,066 is the amount being set aside to pay the Section 108 loan payment. The amount payable for the Section 108 Loan payment is withheld from the City’s annual CDBG allocation by the LACDA.
Fiscal Year 2024-2025 Funding Applications - Public Service Programs Applications were received for the following public service programs:
Senior Case Management
Senior Information and Referral
Senior Nutrition
Second Start Literacy
For fiscal year 2024-2025, the public service maximum cap is estimated to be $46,031. Notwithstanding the HUD 15% public service cap, the LACDA requires that each program be funded at a minimum of $10,000. Therefore, public entities using CDBG funds need to be consistent with two sets of regulations by two different funding agencies.
Table 2. Public Service Applications Submitted
Public Service Program City Program Funding Requested
1. Second Start Literacy Program Yes $14,319
2. Senior Information and Referral Program Yes $10,000
3. Senior Nutrition Program Yes $10,000
4. Senior Case Management Program Yes $10,000
Total amount requested $44,319
Total amount available $46,031
Four applications received are for City-run programs. A matrix of the project descriptions is attached as Attachment B.
The Second Start Literacy Program provides support staff and training for volunteer tutors to teach basic reading and writing skills to adults as well as purchase materials for program participants. The Senior Information and Referral Program provides services, information and referrals for service to seniors. The Senior Nutrition Program provides hot, nutritious meals at low or no cost to seniors. The Senior Case Management Program provides case management services to seniors. The City partners with the YWCA of San Gabriel Valley for both the Senior Case Management Program as well as the Senior Nutrition Programs.
A total of $44,319 was requested in public service funding. Four existing City public service programs have requested funding to continue their work. $46,031 is available for programs. The recommendation is for the continued funding of City public service programs.
Fiscal Year 2024-2025 Funding Applications - Programs other than Public Service After allocations for public service programs and payment and payment of principal and interest on the Section 108 loan, $81,777 is available for budgeting purposes. Program applications totaling $81,777 were received for this category.
Applications were received for the following non-public service programs, which are described in Attachment B:
Program Name Amount Requested
Residential Rehabilitation $46,777
Microenterprise Co-work Scholarship Program $10,000
Downtown Neighborhood Business Workforce Augmentation Program $25,000 The Finance Advisory Commission, which reviews, evaluates and monitors CDBG programs as part of the City's mandated Citizen Participation, considered all requests at their December 13, 2023, meeting in order to make a recommendation for funding to the Covina City Council. City staff members were also present. The Commission recommendation is shown on Column “C” of Exhibit A and in Table 3 below. A copy of the draft minutes from the meeting is attached as Attachment C.
Final Recommendation by the Finance Advisory Commission on FY 2024-2025 Funding The Commission discussed the proposed projects at the Regular Meeting of December 13, 2023 and then voted on the recommendation to the City Council. The Commission members unanimously voted that the staff funding allocation recommendation be approved. The Finance Advisory Commission recommendation is indicated in Table 3.
Table 3: Finance Advisory Commission Recommendation
Program Recommended FY 23-24 funding
Second Start Literacy Program $16,031
Senior Information & Referral Program $10,000
Senior Nutrition Program $10,000
Senior Case Management Program $10,000
Subtotal Public Service Programs $46,031
Section 108 Loan Payment $179,066
Residential Rehabilitation $46,777
Microenterprise Co-work Scholarship Program $10,000
Downtown Neighborhood Business Workforce Augmentation
Program $25,000
Subtotal Other Programs $260,843
Total Budget Recommendation, FY 2024-2025 $306,874
The recommendations are shown in Columns C and D in Attachment A. Staff concurs with the Commission recommendations. Draft minutes of the December 13, 2023, Finance Advisory Commission meeting are attached as Attachment C. The public hearing today was properly noticed and provides the public with a forum to discuss this matter.
Update on FY 2023-2024 CDBG Status
In FY 2023-2024, there are nine (9) active CDBG programs in the amount of $487,161.
Table 4: Current Year 23-24 CDBG program status
Program Current FY 23-
24 funding
Public Service Second Start Literacy $14,319
Senior Information & Referral $10,000
Senior Nutrition $10,000
Senior Case Management $10,000
Non-Public Service Section 108 Loan Repayment $182,369
Residential Rehabilitation $95,473
Adult Workforce Job Readiness Program $45,000
Microenterprise Co-work Scholarship Program $20,000
Downtown Neighborhood Business Workforce
Augmentation Program $100,000
All FY 2022-2023 Projects $487,161
All CDBG funding FY 23-24 $487,161
FISCAL IMPACT:
There is $306,874 for new fiscal year 2024-2025 available to the City and $89,651 available as unallocated funds to be programmed at a later date. These funds will reimburse the expenditures of the programs.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b) (2) and (3) and does not constitute a project.
Respectfully submitted,
RECOMMENDED FUNDING TABLE
For Planning Purposes 2024-25: Funding Available
Estimated New Year Funds Available (FY 24-25) a $306,874 Carry-over funding from prior year b $0 *
Public Services (15% of a) c $46,031
Total amount available FY 24-25 (a+b) d $306,874
Non Public Service Funds Available for Programming (d-c) e $260,843 Section 108 loan payment FY 24-25 f $179,066
Non Public Service Funds
Available for Programming (e-f) g $81,777
A BCD
Program Name
Current Fiscal
Year 23-24 Active
Projects
Fiscal Year 24-
25 Request
Finance Advisory
Commission
Recommendation
Staff
Recommendation
PUBLIC SERVICE PROGRAMS
1 Second Start Literacy $14,319.00 $14,319.00 $16,031.00 2 Senior Info & Referral $10,000.00 $10,000.00 $10,000.00 3 Senior Nutrition (YWCA) $10,000.00 $10,000.00 $10,000.00 4 Sr. Case Mgmt (YWCA) $10,000.00 $10,000.00 $10,000.00 Subtotal Public Service $44,319.00 $44,319.00 $0.00 $46,031.00 not to exceed
Other Programs $46,031
5 Section 108 Loan Payment $182,369.00 $179,066.00 $179,066.00 6 Residential Rehabiltation $95,473.00 $46,777.00 $46,777.00 Adult Workforce Job Readiness
Program $45,000.00 $0.00 $0.00
7 Microenterprise Co-work
Scholarship Program $10,000.00 $10,000.00 $10,000.00
8 Downtown Neighborhood
Business Workforce
Augmentation Program $100,000.00 $25,000.00 $25,000.00
Subtotal Other Programs $332,842.00 $260,843.00 $260,843.00 $305,162.00 $0.00 $306,874.00
*At this time, $89,651 in carryover funds is reserved for FY 24-25 mid-year projects, which will be brought back for consideration and review in 2024.
CITY OF COVINA CDBG PROGRAM APPLICATIONS 2024-2025 (50th Year)
ATTACHMENT A
RECOMMENDED FUNDING TABLE
1 Attachment B, Page 1 of 2
ATTACHMENT B
Synopsis of Proposed Projects and Programs, FY 2024-2025 Name of Program Description Amount
Requested
Item
No.
Public Service Programs
Second Start Literacy
Program
This is a continuing City project that provides trained volunteers to help adults who are “functionally illiterate” to develop basic literacy skills, enabling them to obtain
employment, retain a job, receive job promotions, improve academic skills, and help their children with their school work. Funds would be used for tutor training in the
foundational skills and techniques used to develop all five key areas of learning: Language Experience, Sight Words, Phonics, Vocabulary, and Comprehension, and will be
used to purchase workbooks to supplement the adult
literacy curriculum. The service is provided free of charge and on a one-to-one basis. Program is run by City of
Covina staff through the Covina Library.
$14,319 1
Senior Information &
Referral
This is a continuing City project that provides referral services such as housing needs, transportation, legal
assistance, support groups and health education
awareness to senior citizens. During the period of the
pandemic restrictions, services are provided by telephone.
It is a one-stop program for the elderly. Program is run through the Covina Senior and Community Center of the
Parks and Recreation Department.
$10,000 2
Senior Nutrition Program This is a continuing City program which provides meals to seniors and disabled residents in the City of Covina. Hot nutritious meals are provided Monday through Friday at the Covina Senior and Community Center. Service is provided by a contractor through the Parks and Recreation
Department. A donation of $3 is suggested but not
required.
$10,000 3
Senior Case
Management
This is a continuing City program which provides case
management services to senior citizens and disabled
residents of the City. The part-time case manager assists persons in obtaining services or income they are eligible to receive. Program provides for in-home assessments and
personal care programs for problem resolution as well as on-site service at Covina Senior and Community Center.
Service is provided by a contractor through the Parks and Recreation Department 8 hours per week, 52 weeks per
year.
$10,000 4
Total Public Service Request $44,319
Total Public Service Available $46,031
2 Attachment B, Page 2 of 2
Section 108 Loan
Guarantee Payment
Principal and interest payment on the $2.5 million loan to fund construction of the senior portion of the Covina Senior and Community Center. This estimated payment is based
on a 20 year loan at 5%. The actual amount may be higher or lower depending on the interest rate.
$179,066 5
Residential
Rehabilitation Citywide
This is a continuing program providing a combination of grants and loans for repair, weather sealing, roofing and rehabilitation of existing single-family owned and occupied residences. The program is administered on a first-come, first-serviced basis, with very low income households
receiving higher priority and urgent, safety, and hazardous conditions receiving priority as well. Funds are used for grants, loans, and a part-time employee. This program will be overseen by City of Covina staff through the Community Development Department, Special Projects Division.
$46,777 6
Microenterprise Co-work
Scholarship Program
This is a continuing program. This program will assist lowto moderate-income Covina residents who are seeking an entrepreneurial opportunity to develop their own business or need the support and proper work environment to do
their work by funding a one-year membership for access to the City-controlled co-working facility. This program will be overseen by City of Covina staff through the Community
Development Department, Special Projects Division.
$10,000 7
Downtown Neighborhood
Business Workforce
Augmentation Program
This is a continuing program which assists businesses
within the Town Center Specific Plan (TCSP) in creating jobs for those who are low-and moderate-income. This
program also assists eligible businesses by offset staffing costs of these hires by providing a forgivable loan. The loans will be forgiven after one year of successfully hiring a full-time equivalent employee(s) from a low to moderate income household. This program is run by City of Covina staff through the Community Development Department,
Special Projects Division.
$25,000 8
Total non-public service projects $260,843
Total amount requested $260,843
Finance Advisory Commission Minutes December 13, 2023
FINANCE ADVISORY COMMISSION
MINUTES OF REGULAR MEETING
DECEMBER 13, 2023
The regular meeting of the Finance Advisory Commission was held on Wednesday, December 13, 2023, at 6:00 pm, in the Covina Council Chamber, 125 East College Street, Covina, CA 91723 Commissioners Present: Vice Chairperson Geoff Cobbett, Chairperson Lynda Noriega, Jeanette Flores, City Treasurer Neil Polzin, Janet Salmon, Salvador Flores-Chatfield, Kevin Stapleton
Commissioners Absent: Andrew McIntyre, Claudia Casasola, Richard Jett Staff Present: Theresa Franke, Deputy Director of Administrative Services Charles Russom, Management Analyst
Public Present: None
CALL TO ORDER
The meeting was called to order at 6:03 p.m. A quorum was present.
AGENDA POSTING DECLARATION
The Agenda for the December 13, 2023 meeting was posted in accordance with Section 54954.2(a) of the California Government Code.
PUBLIC COMMENTS
None.
COMMISSION COMMENTS
None.
STAFF COMMENTS
None.
ATTACHMENT C
Finance Advisory Commission Minutes December 13, 2023
CONSENT CALENDAR
CC1: Approve the minutes from the Regular Meeting of May 10th, 2023 of the Finance Advisory Commission.
A motion was made by Janet Salmon, seconded by Vice Chairperson Lynda Noriega, to approve Item CC1.
Motion on CC1 was approved as follows:
AYES: Noriega, Salmon, Cobbett, Flores-Chatfield, Flores, Stapleton NOES: None
ABSTAIN: None
ABSENT: McIntyre, Casasola, Jett
REORGANIZATION OF THE FINANCE ADVISORY COMMISSION
The Deputy Director of Administrative Services Theresa Franke asked for nominations for the position of Chairperson. Jeanette Flores nominated Lynda Noriega as Chairperson. There were no additional nominations. The floor was closed to nominations and Lynda Noriega was elected Chairperson by acclamation.
The meeting was then turned over to Chairperson Lynda Noriega for the election of a Vice Chairperson. Chairperson Lynda Noriega opened the floor for nominations of Vice Chairperson.
Kevin Stapleton nominated Geoff Cobbett as Vice-Chair. There were no additional nominations.
The floor was closed to nominations and Geoff Cobbett was elected Vice Chairperson by acclamation.
CONTINUED BUSINESS
None.
NEW BUSINESS
NB1. CBDG FY 24-25 Proposed Funding
A motion was made by Vice Chairperson Geoff Cobbett and seconded by Kevin Stapleton to support staff’s recommendation to City Council.
Motion on NB1 was approved as follows:
AYES: McIntyre, Flores-Chatfield, Stapleton, Flores, Casasola NOES: None
ABSTAIN: Salmon
ABSENT: McIntyre, Casasola, Jett
Finance Advisory Commission Minutes December 13, 2023
NB2. FAC Bylaws Update
Discussion of the FAC Bylaws and amending the language for constituting quorum / amending bylaws via special meeting is continued to the February 14, 2024 meeting pending review/discussion of the current bylaws and gaining four-fifths vote of the Commission to pass bylaw changes.
ADJOURNMENT
There being no further business, the meeting adjourned at 6:21 p.m.
Respectfully Submitted,
Lisa Lee, Administrative Technician
Approved and adopted this day of , 2023.
Lynda Noriega, Chairperson
RESOLUTION CC 2024-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, AUTHORIZING THE ALLOCATION OF THE FIFTYTH
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR
FISCAL YEAR 2024-2025
WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments with the resources necessary to meet the needs of persons of low-and moderate-income; and
WHEREAS, the City of Covina contracts with the Los Angeles County Development Authority for the disbursement of Community Development Block Grant Funds, through the Urban County Program; and
WHEREAS, the City of Covina will receive an estimated total of $306,874 in Fiscal Year 2023-2024 in CDBG Funds; and
WHEREAS, the City Council has conducted a public hearing, with the required prior notice, to provide the public with an opportunity to comment on the programs proposed for the Fiscal Year 2024-2025 CDBG funds program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the CDBG program budget for Fiscal Year 2024-2025 and instructs staff to submit the necessary documentation and a copy of this Declaration to the Los Angeles County Community Development Authority.
SECTION 2. The City Council authorizes City staff to adjust the program budget as necessary throughout the Fiscal Year, based on the final allocation, with a maximum of 15 percent of funding allocated for public service programs. This includes, but is not limited to, allocating amounts on a per project basis, adjusting project budgets, implementing a new project or cancelling existing activities, to allow for the timely expenditure of CDBG funds SECTION 3. The City Manager or his designee is authorized to execute documents related to the Fiscal Year 2024-2025 CDBG program.
SECTION 4. 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 16
th day of January, 2024.
City of Covina, California
BY:
WALTER ALLEN, III, Mayor
Resolution CC 2024-01 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-01 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16
th day of January, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk