Agenda packet, joint meeting, first session — Covina City Council, July 16, 2024 (part 2 of 5)

be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.

6. Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

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

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

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of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section

6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.

Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.

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Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in

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law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

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

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

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

11. Insurance.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.

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

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

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

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

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

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

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

I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of

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

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

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

12. Mutual Cooperation.

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

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

13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.

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

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

If to City: If to Contractor:

Attn: Public Works Department Attn:

City of Covina Air On Time, Co.
125 E. College Street 16568 E. Newburgh Street
Covina, California 91723 Azusa, CA 91702

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

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

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

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

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

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.

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

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

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

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

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

29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.

All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:

Air On Time, Co.
a California Corporation
By:

Name:

Title:

By:

Name:

Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)

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EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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EXHIBIT B

CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:

1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.

4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such

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worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________

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EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

PUBLIC WORKS YARD HVAC REPLACEMENT, ADMINISTRATION BUILDING (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications

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accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

PUBLIC WORKS YARD HVAC REPLACEMENT, ADMINISTRATION BUILDING (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section

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1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: July 16, 2024
Title: An Amendment to the Lease Agreement Between the City of Covina and WB COVINA – KI, LLC for Property Located at 602-626 S. Citrus Ave and 128 E. Rowland Ave for Administrative Revisions to the Exhibit A Legal Description of Land Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Amend the Lease Agreement Between the City of Covina and WB COVINA – KI, LLC for Property Located at 602-626 S. Citrus Ave and 128 E. Rowland Ave for Administrative Revisions to the Exhibit A Legal Description of Land.

EXECUTIVE SUMMARY:

On November 21, 2023, the Successor Agency to the Covina Redevelopment Agency adopted Resolution SA 2023-03, authorizing the execution and delivery of a Purchase and Sale Agreement (“Agreement”) regarding the Successor Agency’s sale of Property located at 602-626 South Citrus Avenue and 128 East Rowland Street, (APN 8451-001-911 and 8451-001-906) to the City of Covina (the “Property”). The Property is approximately 127,579 square feet (2.93 acres) in size. The City of Covina concurrently adopted Resolution CC 2023-109, authorizing those same actions. Following this item, an item considering Resolution CC 2023-110 was approved, which allowed for the execution of a new Lease Agreement (“Lease”) between the current tenant, WB COVINA – KI, LLC (“Tenant”), and the City upon the City’s ownership of the property.

During the subsequent due diligence and escrow process, it was found that the recorded legal description for the Property does not match the wording in the “Exhibit A” legal description used in the Purchase and Sale Agreement and exhibits the executed Lease. The “Exhibit A” legal description in the Purchase and Sale Agreement was revised by Council action on July 2, 2024, and the Property was subsequently purchased. To provide consistency between all documents, Staff recommends amending the Lease to replace the “Exhibit A” legal description in the Lease and related exhibitsto match verbatim the recorded legal description and the updated and executed Purchase and Sale Agreement.

DISCUSSION:

While performing due diligence during the escrow process, Staff discovered that the legal description provided by the title company did not match the “Exhibit A” legal description used within the Purchase and Sale Agreement documents and the executed Lease. The Lease stipulates that it only becomes effective upon the City’s ownership of the Property. Staff consulted with Mr. Elie Farah, a licensed Land Surveyor and Civil Engineer for assistance in evaluating the discrepancy. Mr. Farah found that the recorded legal description presented by the title company described the same external boundaries and land area as the “Exhibit A” legal description used within the approved Agreement documents and encompasses the same addresses and APN numbers. The recorded version differs in that it is older and less streamlined than the legal description used in the “Exhibit A”, but describes the same land area. Replacing the legal description does not change the land area that is subject to the Lease.

A Chain of Title and Grant Deeds were ordered to confirm the accuracy of the legal description provided by the title company. The “Exhibit A” legal description within the Purchase and Sale Agreement and related documents was revised by Council action on July 2, 2024, and the Property was subsequently purchased. To provide consistency between the Purchase and Sale Agreement and the Lease and related documents, the Lease should be amended to have the same “Exhibit A” legal description as the Purchase and Sale Agreement. For these reasons,

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Staff recommends amending the Lease between the City and WB COVINA – KI, LLC by replacing the “Exhibit A” legal description within the Lease with the recorded legal description in alignment with what the title company has on record.

FISCAL IMPACT:

There is no fiscal impact related to the revision and replacement of the “Exhibit A” legal description.

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,

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ATTACHMENT A

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ATTACHMENT B

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EXHIBIT A

LEGAL DESCRIPTION
Real Property in the City of Covina, County of Los Angeles, State of California, described as follows:

PARCEL 1:

LOT 4 IN BLOCK 23 OF THE PHILLIPS TRACT, IN THE RANCHO LA PUENTE, IN THE CITY OF COVINA, AS PER MAP RECORDED IN BOOK 9, PAGES 3 AND 4 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CITRUS AVENUE, 66 FEET WIDE; WITH THE CENTER LINE OF ROWLAND AVENUE, 99 FEET WIDE; THENCE EASTERLY, ALONG SAID CENTER LINE OF ROWLAND AVENUE, 260 FEET; THENCE SOUTHERLY, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 49.50 FEET TO THE SOUTHERLY LINE OF SAID ROWLAND AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY PARALLEL WITH SAID WESTERLY LINE OF LOT 4, A DISTANCE OF 100 FEET; THENCE EASTERLY, PARALLEL WITH SAID SOUTHERLY LINE OF ROWLAND AVENUE, 133 FEET; THENCE NORTHERLY, PARALLEL WITH SAID WESTERLY LINE OF SAID LOT 4, 100 FEET TO SAID SOUTHERLY LINE OF ROWLAND AVENUE; THENCE WESTERLY, ALONG ROWLAND AVENUE, 133 FEET TO THE TRUE POINT OF BEGINNING.

ALSO EXCEPT THE SOUTHERLY 305 FEET OF LOT 4.

ALSO EXCEPT THAT PORTION OF SAID LOT DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 0 DEGREES 09' 25" WEST, ALONG THE EASTERLY LINE OF SAID LOT 4, A DISTANCE OF 306.58 FEET TO THE NORTHEAST CORNER OF TRACT 19651, AS PER MAP RECORDED IN BOOK 506, PAGE 33 OF MAPS, RECORDS OF SAID COUNTY, THENCE NORTH 89 DEGREES 06' 44" WEST ALONG THE NORTHERLY LINE OF SAID TRACT NO. 19651, A DISTANCE OF 189.98 FEET; THENCE NORTH 0 DEGREES 09' 25" EAST PARALLEL WITH SAID EASTERLY LINE 281.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25 FEET THENCE NORTHWESTERLY ALONG SAID CURVE AN ANGLE OF 89 DEGREES 17' 05" AN ARC DISTANCE OF 38.96 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 4, SAID NORTHERLY LINE BEING THE SOUTHERLY LINE OF ROWLAND AVENUE (99 FEET WIDE); THENCE SOUTH 89 DEGREES 07' 40" EAST ALONG SAID NORTHERLY LINE 214.67 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPT THAT PORTION OF SAID LOT, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT 63 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SHOPPERS LANE, 70 FEET WIDE, AS SAID SHOPPERS LANE IS SHOWN ON MAP OF TRACT NO. 18945, RECORDED IN BOOK 579 PAGES 25 AND 26 OF MAPS, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF TRACT NO. 19651, RECORDED IN BOOK 506 PAGES 33 AND 34 OF MAPS; THENCE NORTHERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 306.53 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF ROWLAND STREET, (FORMERLY ROWLAND AVENUE), 99 FEET WIDE, AS SHOWN ON MAP OF SAID TRACT NO. 18945; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, A DISTANCE OF 38.31 FEET, MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25 FEET, SAID POINT BEING DISTANT 214.67 FEET WESTERLY FROM THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 89°17'05", AN ARC DISTANCE

ATTACHMENT C

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OF 38.96 FEET, TO SAID WESTERLY LINE OF SHOPPERS LAND; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SHOPPERS LANE, A DISTANCE OF 281.84 FEET, TO SAID NORTHERLY LINE OF SAID TRACT NO. 19651; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID TRACT NO. 19651, A DISTANCE OF 63 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THE "PRECIOUS METALS AND ORES THEREON AS EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN, IN THE PARTITION DEED RECORDED IN BOOK 10, PAGE 39 OF DEEDS.

PARCEL 2:

THAT PORTION OF LOT 24 OF TRACT NO. 19651 IN THE CITY OF COVINA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 506, PAGES 33 AND 34 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTH PROLONGATION OF THE EASTERLY LINE OF LOT 23 OF SAID TRACT NO. 19651 WITH THE NORTHERLY LINE OF SAID LOT 24; THENCE EASTERLY ALONG SAID NORTHERLY LINE, A DISTANCE OF 262.97 FEET, TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND DISTANT 63 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 24; THENCE SOUTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF

55.98 FEET, TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND DISTANT 63 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOT 24; THENCE WESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE A DISTANCE OF 218.67 FEET, TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND DISTANT 44.80 FEET MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 23; THENCE SOUTHERLY ALONG LAST MENTIONED PARALLEL LINE, A DISTANCE OF 63 FEET; TO THE SOUTHERLY LINE OF SAID LOT 24; THENCE WESTERLY ALONG LAST SAID SOUTHERLY LINE OF SAID LOT 24, A DISTANCE OF 44.80 FEET TO THE EASTERLY LINE OF SAID LOT 23 AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 118.98 FEET, TO THE POINT OF BEGINNING.

PARCEL 3:

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: July 16, 2024
Title: A Request from WB COVINA – KI, LLC to Approve an Assignment of the Lease Agreement Between the City of Covina as Landlord and WB COVINA – KI, LLC as Tenant for Property Located at 602-626 South Citrus Avenue and 128 East Rowland Street Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2024-65, Approving the Assignment of a Lease Agreement Between the City of Covina as Landlord and WB COVINA – KI, LLC as Tenant for Property Located at 602-626 South Citrus Avenue and 128 East Rowland Street to Hang 10, LLC and Authorize the City Manager or his Designee to Execute Necessary Documents.

EXECUTIVE SUMMARY:

On November 21, 2023, the City Council authorized the execution and delivery of a Lease Agreement (“Lease”) between the City of Covina, as landlord, and WB COVINA-KI, LLC, as tenant, for Property Located at 602-626 South Citrus Avenue and 128 East Rowland Street, operating as a Kia car dealership. This Lease became effective in July 2024. Prior to the enactment of the current Lease, WB COVINA-KI, LLC operated under a previous lease and has been involved in operating the dealership for more than a decade. Under the current Agreement, should the Tenant wish to assign the Lease or change ownership interests, they must be given prior consent to do so by the Landlord. The Tenant has notified the City of their request to assign the Lease to Hang10, LLC. At this time, the City requests formal consent be given to assign the Lease pursuant to Resolution CC 2024-65 (Attachment A).

DISCUSSION:

WB COVINA-KI, LLC is selling their ownership of the Kia car dealership located at 602-626 S. Citrus Avenue and 128 E. Rowland Street. WB COVINA-KI, LLC owns the business, but rents the land from the City. Pursuant to the Lease, formal approval is required for WB COVINA-KI, LLC to assign the Lease to the new prospective owner. Upon receiving the request from the current Tenant, Staff and Mayor King met with Mr. Brandon Steven of Hang 10, LLC, the prospective tenant. Mr. Steven owns 18 car dealerships in California and Kansas, with the closest location in Downtown Los Angeles, and looks forward to working with and giving back to the local community. Attachment B provides a biography of Mr. Steven’s related work experience. Should this action be approved, Hang 10, LLC will be subject to the same Lease and Lease terms as were previously approved.

Adoption of Resolution CC 2024-65 will provide formal approval for the current Tenant to assign the Lease to Hang 10, LLC.

FISCAL IMPACT:

Not applicable.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

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Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-65

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

CALIFORNIA AUTHORIZING THE ASSIGNMENT OF A LEASE BY

AND BETWEEN THE CITY OF COVINA, AS LANDLORD, AND WB
COVINA-KI, LLC, AS THE CURRENT TENANT, TO HANG 10, LLC AS

THE PROPOSED SUCCESSOR TO THE LEASE WITH RESPECT TO
PROPERTY LOCATED IN THE CITY OF COVINA AT 602-626 SOUTH CITRUS AVENUE AND 128 EAST ROWLAND STREET, FINDING THAT

SUCH AUTHORIZATION IS EXEMPT FROM ENVIRONMENTAL

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT, AND TAKING RELATED ACTIONS
WHEREAS, the Covina Redevelopment Agency (the “Agency”) was formed, existed and exercised its powers pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.); and
WHEREAS, the Agency acquired a property located at 128 East Rowland Street in 1987 and acquired an adjacent property located at 602-626 South Citrus Avenue in 1998 (together, the “Property”); and
WHEREAS, in 2012, the Agency was dissolved pursuant to the Dissolution Law (ABx1 26, enacted on June 28, 2011, and as subsequently amended) and the City of Covina (the “City”) elected to serve as the Successor Agency to the Covina Redevelopment Agency (the “Successor Agency”), which is a legal entity separate from the City; and WHEREAS, the Property transferred to the Successor Agency by operation of law upon the dissolution of the Agency; and
WHEREAS, pursuant to its Resolution CC 2023-109, adopted on November 21, 2023, the City Council authorized the execution and delivery of a Purchase and Sale Agreement by and between the City and the Successor Agency for the City’s purchase of the Property from the Successor Agency; and
WHEREAS, pursuant to Resolution No. COB 24-01, adopted on January 11, 2024, the Los Angeles County Fifth Supervisorial District Consolidated Oversight Board approved the Successor Agency’s execution and delivery of the Purchase and Sale Agreement; and WHEREAS, the City purchased the Property from the Successor Agency on July , 2024 as evidenced by a Grant Deed recorded in Los Angeles County as document number ; and
WHEREAS, pursuant to Resolution CC 2023-110, adopted on November 21, 2023, the City Council authorized the execution and delivery of a Lease Agreement between the City of Covina and WB COVINA-KI, LLC, a Delaware limited liability company (the “Tenant”), pursuant to the Lease by and between the City and the Tenant, attached hereto as Exhibit “A” and incorporated herein (the “Lease”); and

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Resolution CC 2024-65 Page 2 of 3

WHEREAS, the Memorandum of Lease is recorded in Los Angeles County as document number ; and
WHEREAS, WB COVINA KI, LLC, desires to sell certain assets of WB Covina KI related to the ownership and/or operation of WB Covina KI’s business LLC to Hang 10, LLC a Delaware limited liability company (“Successor”) and is seeking written consent from the City to assign the Lease to the potential Successor pursuant to Section 15 “Subletting and Assignment” of the Lease; and
WHEREAS, the Surplus Land Act (Government Code Sections 54220-54234) applies to the disposition of surplus land, and Section 102 (H) of the Final Surplus Land Act Guidelines (the “Guidelines”) promulgated by the California Department of Housing and Community Development (“HCD”) provides that “the disposition of surplus land” means the sale or lease of local agency-owned land formally declared surplus; and
WHEREAS, Section 102 (H) of the Guidelines also provides that a “lease” shall not include a lease of land on which no development or demolition will occur, and the Surplus Land Act Frequently Asked Questions document prepared by HCD provides that a lease that allows tenant improvements and minor maintenance would not be considered a disposition of surplus land; and
WHEREAS, the Lease does not allow for development or demolition, and therefore, the Lease is not a disposition pursuant to the Surplus Land Act; and WHEREAS, the Lease of the Property is for the public benefit of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DOES HEREBY RESOLVE, FIND, DECLARE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The Assignment of the Lease from WB COVINA KI, LLC to WB Covina KI’s business LLC to Hang 10, LLC as it relates to the Property described in the Lease in the form attached hereto as Exhibit “A” is hereby approved.

SECTION 3. The Authorized Officers and staff of the City are hereby authorized, jointly and severally, to do all things (including but not limited to the execution of any certificates or other instruments) which they may deem necessary or proper to effectuate the purposes of this Assignment, and any such actions previously taken are hereby ratified and confirmed.

SECTION 4. Pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) the City has evaluated the action of authorizing the City to assign the Lease on the Property to the prospective Tenant. The act of authorizing the City to assign the Lease does not approve any new development or construction of

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Resolution CC 2024-65 Page 3 of 3
buildings, nor does it authorize any new land uses. For this reason, it can be seen with certainty that authorizing the City to assign the Lease to the prospective Tenant pursuant to Section 15 of the Lease substantially in the form attached to this Resolution as Exhibit “A” will not result in any significant adverse impact on the environment. Thus, said City authorization is exempt from the CEQA environmental review requirements pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the “CEQA Guidelines”). Staff of the City is hereby directed to prepare and post a notice of exemption pursuant to CEQA Guidelines Section 15062.

SECTION 5. The City Clerk shall certify as to the adoption of this Resolution and the same shall take effect and be in force.

PASSED, APPROVED and ADOPTED by the City Council of the City of Covina, California, on this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, 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 2024-65 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS: NONE
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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Exhibit “A”
LEASE
(in substantial final form)

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1 12923-0001\2869596v1.doc

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

City of Covina
125 E. College Street
Covina, CA 91723
Attn: City Clerk

SPACE ABOVE THIS LINE FOR RECORDER'S USE

THE UNDERSIGNED DECLARE THAT THE LEASE DESCRIBED HEREIN IS

EXEMPT FROM DOCUMENTARY TRANSFER TAXES AS A LEASE WITH A TERM OF LESS THAN 35 YEARS

MEMORANDUM OF LEASE, AND TERMINATION OF PREVIOUS

RECORDED MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE, AND TERMINATION OF PREVIOUS
RECORDED MEMORANDUM OF LEASE is dated as of July 8, 2024 and is entered into by and between the CITY OF COVINA (“Landlord”), and WALTERSBAYER AUTOMOTIVE GROUP, LLC, a California limited liability company (“Tenant”), who agree as follows:

1. Leased Premises. Landlord is the owner of the land in the City of Covina, State of California legally described on Exhibit “A” attached hereto and the improvements thereon (the “Premises”).

2. Lease. Landlord and Tenant have entered into a Lease dated substantially concurrently herewith for the Premises (the "Lease"), the terms of which are incorporated herein by reference.

3. Term. The initial term of the Lease is for five (5) years, and the Tenant has the right to extend up to seven (7) times on the terms and subject to the conditions set forth in the Lease.

4. Termination of Previous Recorded Memorandum of Lease. That certain Memorandum of Lease dated June 27, 2001 between the Covina Redevelopment Agency, predecessor-in-interest to Landlord, and SAI Auto Group, LLC (which assigned its lease for the Premises to Tenant), which was recorded on August 13, 2001 in the Official Records of Los Angeles County as Document No. 01 1475578, is hereby terminated. The lease described in such earlier recorded Memorandum of Lease has been terminated, as provided in the new Lease.

5. Purpose of Memorandum of Lease. This Memorandum of Lease is prepared for the purpose of recordation and public notice, and to comply with California law that requires

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2 12923-0001\2869596v1.doc
municipal leases be recorded, and to terminate the previous Memorandum of Lease that was recorded on the Premises. It in no way modifies the provisions of the Lease..

IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the date first written above.

LANDLORD: CITY OF COVINA
By: ________________________________
Chris Marcarello, City Manager
TENANT: WALTERSBAYER AUTOMOTIVE

GROUP, LLC,
a California limited liability company
By: _______________________________
Managing Member

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
3 12923-0001\2869596v1.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of )
On _________________________, before me,
, (insert name and title of the officer)
Notary Public, personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
4 12923-0001\2869596v1.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT “A”

DESCRIPTION OF LAND
[COMPARE LEGAL DESCRIPTION FROM PTR TO THE FOLLOWING, WHICH IS FROM THE EXISTING LEASE]
[PARCEL 1:

Beginning at the intersection of the centerline of Citrus Avenue, (formerly Citrus Street), 66 feet wide, with the centerline of Rowland Street, (formerly Rowland Avenue), 99 feet wide, as both streets are shown on said map; thence easterly along said centerline of Rowland Street 246.67 feet; thence southerly, parallel with the westerly line of said Lot 4, a distance of 49.50 feet to the southerly line of said Rowland Street, said point being the True Point of Beginning; thence continuing southerly, parallel with said westerly line of Lot 4, a distance of 99.33 feet; thence westerly, parallel with said southerly line of Rowland Street, 59.36 feet; thence northwesterly, a distance of 38.61 feet, in a direct line to the intersection of a line that is parallel with and distant 161.50 feet easterly from said centerline of Citrus Avenue, measured at right angles thereto, with a line that is parallel with and distant 127.31 feet from said southerly line of Rowland Street, measured at right angles thereto; thence southerly, parallel with said centerline of Citrus Avenue, a distance of 15.44 feet, to a line that is parallel with and distant 142.75 feet from said southerly line of Rowland Street; thence westerly along last said parallel line, a distance of 111.50 feet, to a line that is parallel with and distant 17 feet easterly from the easterly line of said Citrus Avenue, measured at right angles thereto; thence northerly, a distance of 125.75 feet along said last mentioned parallel line to a point 17 feet southerly thereon from said southerly line of Rowland Street; thence northeasterly 24.04 feet in a direct line to a point in said southerly line of Rowland Street, 17 feet easterly thereon from said last mentioned parallel line; thence easterly along said southerly line of Rowland Street, 179.67 feet to the True Point of Beginning.

PARCEL 2:

That portion of Lot 4, Block 23 of the Phillips Tract, in the Rancho La Puente, in the City of Covina, County of Los Angeles, State of California, as per map recorded in Book 9 Pages 3 and 4 of Miscellaneous Records in the County Recorder of said County and that portion of Lot 24 of Tract No. 19651 in the City of Covina, County of Los Angeles, State of California, as per map recorded in Book 506, Pages 33 and 34 of Maps of said County Recorder, more particularly described as follows:

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6 12923-0001\2869596v1.doc
Beginning at the intersection of a line that is parallel with and distant 63 feet westerly, measured at right angles, from the westerly line of Shoppers Lane, 70 feet wide, as said Shoppers Lane is shown on map of Tract No. 18945, recorded in Book 579, Pages 25 and 26 of Maps, Records of said County, with the southerly line of Rowland Street, (formerly Rowland Avenue), 99 feet wide, as shown on said map of Tract No. 18945; thence southerly along said parallel line, a distance of 362.53 feet, more or less, to its intersection with a line that is parallel with and distant 63 feet northerly, measured at right angles, from the southerly line of said Lot 24; thence westerly, a distance of 218.67 feet, along last mentioned parallel line to its intersection with a line that is parallel with and distant 44.80 feet easterly, measured at right angles, from the easterly line of Lot 23 of said Tract No. 19651; thence southerly along last mentioned parallel line, a distance of 63 feet, to the southerly line of said Lot 24; thence westerly along last said southerly line of Lot 24, a distance of 44.80 feet, to the easterly line of said Lot 23; thence northerly along the easterly line of said Lot 23 and its northerly prolongation, a distance of 118.98 feet, to the northerly line of said Lot 24; thence westerly along the northerly line of said Lot 24 to its intersection with a line that is parallel with and distant 17 feet easterly from the easterly line of Citrus Avenue, (formerly Citrus Street), 66 feet wide, as said Citrus Street is shown on said map of Phillips Tract, measured at right angles thereto; thence northerly along last mentioned parallel line, a distance of 163.67 feet, more or less, to its intersection with a line that is parallel with and distant 142.75 feet southerly from the southerly line of Rowland Street, (formerly Rowland Avenue), 99 feet wide, as said Rowland Street is shown on said map of Phillips Tract; thence easterly along last mentioned parallel line, a distance of 111.50 feet; thence northerly, parallel with the centerline of said Citrus Avenue, a distance of 15.44 feet; thence northeasterly, a distance of 38.61 feet, in a direct line to the intersection of a line that is parallel with and distant 187.31 feet easterly from said centerline of Citrus Avenue, measured at right angles thereto, with a line that is parallel with and distant 99.33 feet southerly from said southerly line of Rowland Street, measured at right angles thereto; thence easterly, parallel with said southerly line of Rowland Street, a distance of 59.36 feet; thence northerly, parallel with said centerline of Citrus Avenue, a distance of 99.33 feet to said southerly line of Rowland Street; thence easterly along said southerly line of Rowland Street, a distance of 167.47 feet, more or less, to the point of beginning.]

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BRANDON STEVEN
W: 316.652.2222 | D: 316.618.2310 [email protected] Honda of Downtown LA*
Eddy’s Toyota
Eddy’s Chevrolet
Eddy’s Cadillac
Subaru of Wichita
Eddy’s Chrysler Dodge Jeep Ram
Eddy’s Volkswagen
Eddy’s Lincoln
Eddy’s Volvo
Eddy’s Infiniti
Harbor Chevrolet*
Harbor Hyundai*
Hyundai of Downtown LA*
Jaguar Land Rover of Ventura*
Honda of Reseda*
Hyundai Carson*
3 Super Car Guys Locations
Eddy’s Everything
*California Locations
Brandon Steven Motors
Owner/ President

ATTACHMENT B

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W: 316.652.2222 | D: 316.618.2310 [email protected] Brandon Steven, President of Brandon Steven Motors, attended Southern Illinois University in Carbondale, Illinois. Brandon seemed destined for a career in business even from his early years. Business had always played an important role in the Stevens household.

His father, Rod Steven Sr., was an entrepreneur himself, having owned 15 Little Joe's Car Wash locations, The Slope Ski Shop and Dock 44 Discount Store, and several other related businesses.

Brandon learned his relentless work ethic and time management from his father. Prior to high school and college, Brandon had pursued many entrepreneurial endeavors including a pigeon removal and re-homing business named Pigeon Busters. At 12 years old he would collect and sell pigeons away from businesses. He had many jobs from snow removal to working at his Father's car wash.

Eventually, he needed to work under someone else so he transitioned to washing cars at a local car dealership. He then began selling vehicles and making a career of helping people find the perfect vehicle to fit their needs. After having mild success in the car business, Brandon wanted to avoid college and start forming the foundation for his career. Brandon's mother, a former teacher, disagreed and so Brandon went to join his older brother Rodney at Southern Illinois University. During college, Brandon continued to sharpen his entrepreneurial skills starting a marketing business that published HBO TV guides with advertising on pizza boxes. He juggled school, fraternity, playing tennis, flipping cars and selling them, along with a small scooter sales business.

Upon completing his undergraduate degree, Brandon opened a telephone based car finding service that connected potential buyers with vehicles available in the market. While this first business venture struggled, Steven continued down an automotive path by continuing to repair vehicles and resell them for a small profit one at a time. Little by little, the car sales started increasing and transformed from flipping a few vehicles a month to a few vehicles every week.

In 1996, Brandon decided it was time to go all-in and he purchased the original Brandon Stevens Motors headquarters on West Street in Wichita, Kansas.

In 1997, Brandon and his brother Rodney formed Steven Enterprises, LLC. The parent company for all of their future business ventures including the Genesis Health Club franchise, which owns and operates over 60 locations in 8 states. By the turn of the century in 2000, the business would grow to four used car dealerships in the Wichita area.

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W: 316.652.2222 | D: 316.618.2310 [email protected] In 2004, Steven Enterprises purchased its first new car dealership, Subaru of Wichita.

The volume of sales continued to grow in Wichita and drew attention from the automotive industry throughout the country.

Brandon then acquired the longtime Wichita franchise, Eddy's Toyota. By 2009, he had developed two additional new car dealerships: Ford of Augusta and a Suzuki of Wichita.

After years of building these dealerships and raising Suzuki of Wichita to the #1 volume dealership in the nation for 5 years straight and Eddy's Toyota to the #1 volume dealership in the region, Brandon started rapidly adding dealerships. In 2013 Brandon converted the defunct Suzuki brand dealership to Subaru of Wichita. Shortly after that, he purchased a Chrysler Dodge Jeep Ram franchise in March of 2019. On the same day, Brandon acquired a Chevrolet Cadillac store and a Volvo dealership in March 2015, which was followed up in March of 2016 with the purchase of a Mazda location in the Kansas City suburb of Lee's Summit, Missouri. After a million dollar renovation to the existing building and a lot expansion the store soon became the largest volume Mazda franchise in Kansas City.

Business continued to grow with the purchase of a collaboration called Manheim Wichita. 2018 started with a bang as Brandon opened the doors to his first fine dining restaurant in west Wichita, 6S Steakhouse. He sold his rural Ford dealership, Ford of Augusta. By April of 2018, Brandon along with this team at Eddy's Chevrolet Cadillac decided to add Lincoln to their car dealership portfolio, which soon started breaking sales records for the longtime dealership and is now the largest and only Black Label Lincoln dealership in Kansas.

Year after year, Wichita Business Journal publishes the ranking of automobile dealerships by total units sold and year after year Brandon Steven Motors continues to top the list claiming more the twice the volume of nearest competing automotive group.

Today, Brandon Steven Motors ranks #89 in Automotive News’ list of the Top 150 Automotive Dealership Groups in the US.

Brandon started to purchase dealerships in and around Los Angeles, California in July 2020 with Honda of Downtown Los Angeles. Since then, he has added Harbor Chevrolet, Harbor Hyundai, Hyundai of Downtown Los Angeles, Jaguar Land Rover Ventura, Honda of Reseda, and Carson Hyundai.

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W: 316.652.2222 | D: 316.618.2310 [email protected] In addition to decades of business accolades, Brandon is passionate about children and fitness. Genesis Foundation for Fitness & Tennis (GFFT), founded in 2007 by Brandon and his brother Rodney Steven, is a non-profit organization geared towards helping young people build character and self-esteem as they discover the benefits of physical activity through local scholarships. Brandon is also dedicated to foster children finding forever adoptive families through his sole sponsorship of Susan’s Kids, a local Wichita non-profit.

Brandon has been a very successful fundraiser and a generous philanthropist. In 2007 Brandon received the prestigious National Man of the Year award from the Leukemia and Lymphoma Society. When nominated for the award, Brandon knew he could make a difference and set his goals high. With the help of many generous contributors, Brandon reached his goal and broke the national record for a great and deserving cause. His main platform of philanthropy is with under privileged children.

Brandon strives to motivate those around him and challenges them to achieve more and get a little bit better every day. He values health, fitness and a competitive drive. Brandon and his brother, Rodney Steven II, co-own The Wichita Thunder hockey team with their younger brother, Johnny Steven under Steven Brothers Sports Management.

Brandon and his wife Karen Steven reside in Wichita, Kansas and have six children:

Lauren, Lainie, Lexi, Landry, Brandon Jr. and Leighton.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: July 16, 2024
Title: Covina Recreation Village Project Phase I – West Gymnasium Building - Award of Contract to Perera Construction and Design Inc. for an Amount of $12,112,926 Presented by: Brian K. Lee, Director of Community Development Lisa Evans, Director of Park and Recreation
Rafael M. Fajardo, Interim Public Works Director/City Engineer Recommendation: 1. Approve plans and specifications for the Covina Recreation Village Project– West Gymnasium Building Phase I;

2. Reject bid protest by AMG & Associates, Inc.;

3. Award the Contract for the Covina Recreation Village Project – West Gymnasium Building Phase I to Perera Construction and Design Inc. as the lowest responsive bidder in an amount of $12,112,926 and authorize the City Manager to execute the Contract; and

4. Authorize contingency amount of $750,000 for any unforeseen construction expenses.

EXECUTIVE SUMMARY:

As part of the City’s Fiscal Year 2023-2024 Capital Improvement Program, the City Council approved the Covina Recreation Village Project (“CRV”) which consists of the construction of the Covina Recreation Village Project which consists of a new gymnasium, library and offsite improvements on 2.49 acres at:
 640-680 N. Citrus Ave. – approximately 18,196 square feet (West Building)  640-680 N. Citrus Ave. – approximately 13,530 square feet (East Building) As proposed, the CRV will be constructed in three (3) phases – Phase I will include the construction of the indoor gymnasium and parks/recreation administrative offices at the west building, Phase II will include the construction of the offsite improvements and Phase III will include the construction of a new public library facility.

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Following a public advertisement and bidding process, it is recommended that the City Council consider awarding a construction contract for Phase I of this project to the lowest responsive and responsible bidder, Perera Construction and Design Inc., and reject the bid protest submitted by the second lowest responsive bidder, AMG and Associates, Inc. The proposed contract will be funded through a variety of grant awards, local parks development impact fees and environmental funds totaling approximately $13 million.

DISCUSSION:

Following a public bidding process for the Covina Recreation Village in February/March 2024, the City received one bid in the amount of $29,756,000 from Bernards for the construction of the project. The bid amount was approximately 30% above the City’s construction cost estimate. On March 19th, 2024, the City Council rejected the bid and directed staff to revise the construction bid package and resolicit bids for construction.

As a result, City staff separated the project into three (3) bidding phases as follows:

Phase I
 Indoor gymnasium
 Park and Recreation Department Administrative Offices  Indoor rock-climbing wall
 Garbage Enclosure
 Pedestrian Circulation Path from Metrolink Station to gymnasium building Phase II
 Public Plaza and open space
 Public parking
 Kiosk space
 Community Dog Park
 Gateway Entrance Sign
 Playground
 Restroom
Phase III
 Library
 Community meeting room/classroom/library extension
 Space for Covina library programs
City staff proceeded with the advertisement of Phase I of the project and estimated a construction cost in the amount of $12,000,000. A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, May 16th, 23rd, 30th & June 6th 2024. Sealed bids were accepted in the Office of the City Clerk until 10:00 am on

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Tuesday, June 18th, 2024. Beginning at 10:00 a.m. on June 18th, 2024, the City Clerk publicly opened and read five (5) sealed bids with the following results:

RANK BIDDER LOCATION TOTAL BID AMOUNT
1 Perera Construction and
Design Inc.

Ontario, CA $ 12,112,926
2 AMG & Associates, Inc. Santa Clarita, CA $ 15,568,000 3 Woodcliff Corporation Los Angeles, CA $ 17,644,000
4 The Nazarian Group Encino, CA $ 17,944,123
5 PCN3, Inc. Los Alamitos, CA $ 18,660,000
Staff has reviewed all bid documents for compliance and has evaluated the Contractor’s professional background and recently completed projects for competency. As a result, staff recommends the award of contract to the lowest bidder, Perera Construction and Design, Inc. given that this firm has completed several projects of a similar scope and magnitude for public agencies in Southern California.

Bid Protest Letter
The second lowest bidder, AMG & Associates, Inc., submitted the attached letter of protest on June 25, 2024. In its letter, AMG maintains that Perera did not list all subcontractors for project elements, including site utilities, plumbing and elevator trades. They further maintain that Perera’s failure to include these subcontractors provided an unfair advantage not afforded to other contractors.

Perera submitted the attached letter to the City explaining that its failure to list subcontractors for plumbing and elevator trades was a clerical error. The letter includes the subcontractors that will be used for plumbing and elevator trades and evidence that subcontractor bids were received prior to the bid opening day/time. Further, the letter asserts that similar irregularities are found in the bid from AMG, including its failure to include contractor license numbers/Department of Industrial Relations registration numbers and the use of abbreviated contractor names that can’t be verified on contractor licensing registries.

Based on this information, it has been determined that bid irregularities exist in both the lowest and second lowest bids received. Per the advertised bid documentation for the Project, under “Bidding Process”, page NIB-3, “Instruction to Bidders”, Section 12, page IB-6, and “Owner Rights”, Section 26, page IB-9, the City reserves the right to reject any Bid or all Bids and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. Further, these provisions explain that “the Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder and require additional evidence of qualifications to perform the work describes in these bid documents”.

After reviewing the bid protest and bid documentation with the City Attorney’s Office, it has been determined that the omission of a plumbing and elevator subcontractor from Perera was a clerical error. This omission has been cured by providing its subcontractor information for plumbing and elevator trades and evidence that bids were received prior to the project’s bid opening day/time. This information confirms that the irregularity in Perera’s bid does not provide them with an unfair advantage not afforded to other bidders and that the total bid price has not been changed as a result. Further, it is in the City’s best interest to award a contract to Perera given that its bid is $3.456 million less than the bid provided by AMG & Associates. The bid received from AMG & Associates is approximately 30% higher than the engineer’s estimate for the project and beyond the existing resources that are available to fund the project’s construction.

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Based on the foregoing, it is recommended that the City Council consider rejecting the bid protest submitted by AMG & Associates, Inc. and awarding a contract to Perera Construction and Design, Inc. for the construction of the project.

FISCAL IMPACT:

The funding sources allocated for the Covina Recreation Village Project West Gymnasium Building Phase I are as follows:

FUNDS AMOUNT ACCOUNT
State of California Prop 68 Parks
Grant
$4,345,229 4600PR68-42177-
P2202/4600PR68-55100-P2202
State of California Natural
Resources Agency (Rubio Grant)
$2,500,000 4600CNRG-42177-
P2202/4600CNRG-55100-P2202
Federal Appropriation –
(Napolitano Earmark) EDI
$3,000,000 4600OMNI-42090-
P2202/4600OMNI-55100-P2202
Qimby Fees (Stakeholder) $1,129,696 26040000-43395-P2202/2604- 3400-55100-P2202
Environmental $74,420 62005580-55100-P2202
Pedestrian Bridge Grant $1,673,581 4600OM23-42090-P2202/4600- OM23-55100-P2202
RMC Grant $300,000 46003400-42600-
P2207/46003400-55200-P2202
Total $13,022,926

PROJECT EXPENSES

DESCRIPTION AMOUNT
Contract Amount (Perera Construction and Design Inc.) $ 12,112,926 Contingency Allowance $ 750,000
Total Contract Amount $ 12,912,926
Climbing Wall (El Dorado Co.) $160,000
Total Fiscal Impact $ 13,022,926
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

The project involves negligible or no expansion of an existing use.

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Respectfully submitted,

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ATTACHMENT A

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DESCRIPTION

ESTIMATED

QUANTITY UNIT UNIT PRICES TOTAL UNIT PRICES

DEMOLITION & MOBILIZATION
DEMO (E) WOOD FRAMED CANOPY 4,592 SF $ 4.00 $ 18,368.00 DEMO (E) WOOD LEDGER AND BOLTS AT (E) CANOPY. CUT ANCHOR BOLTS AT FACE OF CONCRETE WALLAND REPAIR PER DETAIL 7/S4.01W 315 LF $ 23.00 $ 7,245.00 DEMO (E) WOOD FRAMING 805 SF $ 4.00 $ 3,220.00
SAWCUT (E) CONCRETE SLAB 514 LF $ 6.00 $ 3,084.00
DEMO (E) CONCRETE SLAB, PRESERVE (E) WALL DOWELS 11,372 SF $ 6.00 $ 68,232.00 SAWCUT AND DEMO PORTION OF (E) CONCRETE WALL FOOTING, 2.625'H X 1'W, BOTH SIDES, PER DETAIL 1/S0.11W 246 LF $ 24.00 $ 5,904.00 REMOVE AND BACKFILL (E) DIRT TO REMOVE ABOVE FOOTING 246 LF $ 80.00 $ 19,680.00 DEMO (E) 8" PIPE COLUMNS, 29'H 2 EA $ 2,000.00 $ 4,000.00 DEMO (E) INTERIOR CONCRETE WALL, 29'H 58 LF $ 75.00 $ 4,350.00

PROVIDE SHORING WHERE (E) GLULAM MEETS (E) CONCRETE WALL TO BE DEMOLISHED, PER DETAIL 4/S0.11W 2 LOC $ 5,250.00 $ 10,500.00 DEMO (E) ROOF WOOD PENTHOUSE STRUCTURE 1,860 SF $ 10.00 $ 18,600.00 PROVIDE SHORING DURING REMOVAL OF (E) COLUMN PER DETAIL 5/S0.11W 2 LOC $ 5,250.00 $ 10,500.00

DEMO (E) DEPRESSED MECHANICAL WELL ON ROOF INCLUDING ROOFING, ROOF FRAMING AND PLYWOOD 560 SF $ 12.00 $ 6,720.00
DEMO (E) CONCRETE PARAPET WALLS, ALL 3 SIDES COMPLETELY 67 LF $ 150.00 $ 10,050.00 DEMO (E) ROOFING 18,600 SF $ 1.75 $ 32,550.00
DEMO (E) 9" RIGID INSULATION 18,600 SF $ 1.00 $ 18,600.00 DEMO (E) METAL ROOF COPING 724 LF $ 8.00 $ 5,792.00
DEMO (E) PORTION OF ROOF FRAMING FOR ROOF HATCH 1 EA $ 1,500.00 $ 1,500.00 DEMO (E) ROOF DECK WALK PADS 525 SF $ 6.00 $ 3,150.00
DEMO (E) ROOF HATCH 1 EA $ 800.00 $ 800.00
DEMO (E) EXTERIOR DOOR IN CONCRETE WALL 3 EA $ 1,250.00 $ 3,750.00 DEMO (E) EXTERIOR DOOR 2 EA $ 1,500.00 $ 3,000.00
DEMO (E) INTERIOR DOOR 1 EA $ 750.00 $ 750.00
DEMO (El INTERIOR WALL, 23'H 85 LF $ 15.00 $ 1,275.00
DEMO (E) EXTERIOR DOOR AND THE SLIDING GALVANIZED WALL PANEL, 10'X14' 1 EA $ 1,000.00 $ 1,000.00 DEMO (E) EXTERIOR DOOR AND THE SLIDING GALVANIZED WALL PANEL, 6' X 12' 1 EA $ 1,000.00 $ 1,000.00 DEMO (E) EXTERIOR DOOR AND THE SLIDING GALVANIZED PANEL, 10' X 10' 1 EA $ 1,000.00 $ 1,000.00 DEMO (E) OVERHEAD ROLL UP DOOR, 10' X 10' 2 EA $ 1,000.00 $ 2,000.00 DEMO (E) METAL LOUVERS, 10' X 10' 1 EA $ 1,200.00 $ 1,200.00

DEMO (E) STRUCTURE IN ITS ENTIRETY INCLUDING WALLS, FLOOR/FRAME, ALL UTILITIES. EQUIPMENT, AND FIXTURES REMOVE DOWN TO THE BARE CONCRETE 105 GSF $ 12.00 $ 1,260.00 DEMO (E) FLOOR TILE 110 SF $ 5.00 $ 550.00

CRV BASE BID SCHEDULE
WEST GYM BUILDING - 640 N CITRUS AVENUE

SECTION

2.0

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DEMO (E) GUTTER AND DOWNSPOUT 811 LF $ 8.00 $ 6,488.00
DEMO (E) PORTION OF FURRED WALL AT PILASTER, 1.5'W X 29' 2 LOC $ 3,500.00 $ 7,000.00

DEMO AND PATCH (E) BOTTOM PORTION OF FURRED WALL AS REQUIRED TO DEMO CONCRETE SLAB 516 LF $ 30.00 $ 15,480.00
DEMO (E) FURRED WALL ENTIRELY, 29'H 67 LF $ 40.00 $ 2,680.00 SUBTOTAL $ 301,278.00
CONCRETE $ -
NEW INTERIOR STEPS 24 LF $ 79.03 $ 1,896.72
NEW CONCRETE LANDING. 2'-4" THK 38 SF $ 12.50 $ 475.00
$ -
SAWCUT AND REMOVE (E) EXTERIOR WALL FOR NEW DOOR OPENING, 3'x7' 2 EA $ 950.00 $ 1,900.00

SAWCUT AND REMOVE (E) EXTERIOR WALL FOR NEW DOUBLE DOOR OPENING. T X 7 1 PR $ 1,800.00 $ 1,800.00

SAWCUT AND REMOVE (E) EXTERIOR WALL FOR NEW ROLL UP DOOR OPENING, 6.5' X 10 2 EA $ 1,900.00 $ 3,800.00
NEW DOOR OPENING IN (E) INTERIOR CONCRETE WALL 2 PR $ 4,000.00 $ 8,000.00 INFILL (E) EXTERIOR DOOR OPENING 1 EA $ 1,708.35 $ 1,708.35 INFILL (E) EXTERIOR OPENING. 6' X 12' 1 EA $ 6,840.00 $ 6,840.00 INFILL (E) EXTERIOR OPENING, 10' X 10' 1 EA $ 9,500.00 $ 9,500.00 INFILL (E) EXTERIOR OPENING 119 SF $ 95.00 $ 11,305.00
INFILL (E) EXTERIOR OPENING 76 SF $ 95.00 $ 7,220.00
DOWEL TO (E) CONCRETE WALL FOR INFILLS 184 EA $ 26.76 $ 4,923.84

CUT BASE OF (E) EXTERIOR OPENING TO ACCOMODATE NEW SOG
ELEVATION 20 LF $ 40.00 $ 800.00
$ -
NEW 6" THK SLAB ON GRADE OVER VAPOR BARRIER OVER 4" BASE 11,372 SF $ 18.00 $ 204,696.00

INSTALL VAPOR BARRIER AROUND (E) CONCRETE PEDESTALS PER DETAIL 5/A9.90W 54 EA $ 180.00 $ 9,720.00
DOWEL TO (E) SLAB 62 EA $ 26.76 $ 1,659.12
DEPRESSED SLAB 656 SF $ 10.00 $ 6,560.00
DRILL SLAB FOR VOLLEYBALL POST SLEEVE PER DETAIL 1/A9.90W 4 EA $ 200.00 $ 800.00 GRIND (E) HIGH SPOTS AND FILL IN LOW SPOTS AT (E) SLAB, ALLOWANCE 6,448 SF $ - $ - NEW PAD FOOTINGS 8 CY $ 1,200.00 $ 9,600.00
NEW CONTINUOUS WALL FOOTING 10 CY $ 1,200.00 $ 12,000.00 NEW 2' DIA. X 3'D CONCRETE CAISSON PER DETAIL 3/S4.10W 2 EA $ 1,400.00 $ 2,800.00 NEW 2*W X 1'H CONCRETE CURB AT RESTROOMS 21 LF $ 75.00 $ 1,575.00 BUILT-UP CONCRETE PAD FOR STAIR PER DETAIL 2/S8.11W 108 SF $ 327.00 $ 35,316.00 NEW ELEVATOR PIT 1 EA $ 35,000.00 $ 35,000.00
SUBTOTAL $ 379,895.03
$ -

NEW CONCRETE WORK

3.0 NEW CONCRETE WALL OPENINGS

SEISMIC UPGRADE

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$ -
FORM, BOTH SIDES 213 LF $ 87.69 $ 18,678.00
CONCRETE 33 CY $ 1,600.00 $ 52,800.00
CORE THRU (E) CONCRETE WALL 889 EA $ 15.00 $ 13,335.00
DOWEL TO (E) FOOTING 1,276 EA $ 40.18 $ 51,269.68
SAWCUT (E) INTERIOR SLAB 219 LF $ 8.00 $ 1,752.00
DEMO (E) INTERIOR SLAB 266 SF $ 14.00 $ 3,724.00
REMOVE AND BACKFILL (E) DIRT, MANUAL 56 CY $ 45.00 $ 2,520.00 REMOVE AND EXPORT (E) DIRT, MANUAL 33 CY $ 75.00 $ 2,475.00 NEW INTERIOR CONCRETE SLAB 266 SF $ 21.33 $ 5,675.00
DOWEL NEW SLAB TO EXISTING 110 EA $ 26.76 $ 2,943.60
$ -
NEW ANGLES ALONG HEIGHT OF WALL 314 LBS $ 20.00 $ 6,280.00 HILTI BOLTS 32 EA $ 16.00 $ 512.00
$ -
NEW FOUNDATION 169 CY $ 1,250.00 $ 211,250.00
$ -
NEW SIMPSON HOLDDOWN WITH 5/8" THREADED ROD THRU CONCRETE WALL 30 EA $ 1,060.00 $ 31,800.00
NEW SIMPSON METAL STRAP, 8'L 30 LOC $ 225.00 $ 6,750.00 $ -
NEW SIMPSON HOLDDOWN WITH 5/8” THREADED ROD THRU CONCRETE WALL 150 EA $ 1,060.00 $ 159,000.00
NEW SIMPSON HOLDDOWN WITH 5/8" THREADED ROD @ 4’ O.C. EA SIDE 10'L 101 LOC $ 1,400.00 $ 141,400.00
NEW SIMPSON HOLDDOWN WITH 5/8" THREADED ROD @ 4' O.C, EA SIDE, 14'L 7 LOC $ 1,575.00 $ 11,025.00
INEW SIMPSON HOLDDOWN WITH 5/8" THREADED ROD @ 4' O.C EA SIDE, 15'L 7 LOC $ 1,575.00 $ 11,025.00
$ -
NEW CONTINUOUS ANGLE 1,215 LBS $ 20.00 $ 24,300.00
3/4" BOLT 62 EA $ 18.00 $ 1,116.00
NEW SIMPSON METAL STRAP WITH 4X BLOCKING, 8'L 16 LOC $ 300.00 $ 4,800.00 MANLIFT 1 LS $ 38,250.00 $ 38,250.00
SUBTOTAL $ 802,680.28
METAL $ -
NEW HSS POST SUPPORTS 3,104 LBS $ 16.31 $ 50,630.00
NEW ELEVATOR HSS POST SUPPORTS 2,380 LBS $ 16.31 $ 38,821.00 NEW HSS BEAM SUPPORTS 2,044 LBS $ 16.31 $ 33,340.00
W-COLUMNS 9,048 LBS $ 11.90 $ 107,675.00

WALL RETROFIT CONNECTION
PANEL TO PANEL RETROFIT CONNECTION PER DETAIL 8/S4.10

NEW BRACE FRAMES
WALL OUT OF PLANE CONNECTION PER DETAIL 2/S6.11
WALL OUT OF PLANE CONNECTION PER DETAIL 3/S6.11W
INTERIOR WALL OUT OF PLANE CONNECTION PER DETAIL 5/S6.11

5.0

Page 305 of 687 ends

W-BEAMS 11,628 LBS $ 11.65 $ 135,476.00
BASKETBALL HOOP SUPPORTS - MC CHANNEL BEAMS 1,280 LBS $ 9.71 $ 12,428.00 BASKETBALL HOOP SUPPORTS - HSS BEAMS AND ANGLES 1,339 LBS $ 9.71 $ 13,000.00 ANGLES 456 LBS $ 15.54 $ 7,084.00
BRBF FRAMES 6,000 LBS $ 12.43 $ 74,567.00
DETAIL STEEL 3,728 LBS $ 10.73 $ 40,000.00
SUPPORTS AT NEW SCREEN GUARDRAIL PER DETAILS 2.3.4/S8.12W 59 LF $ 115.00 $ 6,785.00 ROOF TIE OFF ANCHORAGE PER DETAIL 6/S6.07W 22 EA $ 450.00 $ 9,900.00 $ -
MECHANICAL LOUVER PER DETAIL 5/A9.41W 376 SF $ 203.95 $ 76,685.20 NEW HSS SUPPORTS 1,890 LBS $ 30.00 $ 56,700.00
ANGLE SUPPORTS 206 LBS $ 20.00 $ 4,120.00
NEW BASE PLATE 227 LBS $ 18.00 $ 4,086.00
DETAIL STEEL 232 LBS $ 15.00 $ 3,480.00
$ -
STAIRS, 5WX 26 STEPS 1 FLT $ 50,000.00 $ 50,000.00
HANDRAIL AT STAIRS 114 LF $ 196.00 $ 22,344.00
PERFORATED METAL PANEL GUARDRAIL AT STAIRS 490 SF $ 253.00 $ 123,970.00 PERFORATED ALUMINUM METAL CLADDING AT CIRCULATION 698 SF $ 253.00 $ 176,594.00 NEW ROOF HATCH + NEW ROOF OPENING EA 1 EA $ 8,000.00 $ 8,000.00 NEW ROOF ACCESS LADDER 1 EA $ 2,500.00 $ 2,500.00
NEW ELEVATOR PIT LADDER 1 1 EA $ 2,000.00 $ 2,000.00
SUBTOTAL $ 1,060,185.20
WOOD, PLASTICS & COMPOSITES $ -
$ -
6X6 POSTS 351 351 BF $ 17.86 $ 6,268.86
26" RED I65 @ 16" O.C. CEILING JOISTS 385 SF $ 42.08 $ 16,200.80 26" RED I65 @ 12” O.C. CEILING JOISTS 1,040 SF $ 42.08 $ 43,763.20 24" RED I65 @ 16" O.C CEILING JOISTS 440 SF $ 42.08 $ 18,515.20

11.875” RED I65 @ 16” O.C. CEILING JOISTS 665 SF $ 42.08 $ 27,983.20

9.5” RED I65 @16" O.C. CEILING JOISTS 250 SF $ 42.08 $ 10,520.00 2X4 @ 24" O.C. 1,814 SF $ 8.00 $ 14,512.00
2X6 @ 16" O.C 180 SF $ 9.50 $ 1,710.00
STRUCTURAL PLYWOOD SHEATHING 4,764 SF
NEW WOOD MEZZANINE BEAMS 807 BF

MECHANICAL SCREEN WAL
MISC. METALS

ROUGH CARPENTRY

6.0 $ 4.34 $ 20,675.76

Page 306 of 687 ends

NEW WOOD NAILER 620 BF $ 12.10 $ 7,502.00
NEW WOOD ROOF PURLINS 11,044 BF TBD TBD
NEW GLULAM BEAMS 6,931 BF TBD TBD
SHORE (E) ADJACENT GLULAM BEAMS AT EACH SIDE AT NEW GLB 4 LOG TBD TBD CONNECTION TO (E) PURLIN PER DETAIL 1C/S6.10W 22 EA $ 278.00 $ 6,116.00 NEW GLB TO (E) WALL CONNECTION PER DETAIL 2/S6.12W 8 EA $ 4,500.00 $ 36,000.00 NEW 3X NAILER AT BASKETBALL HOOP SUPPORTS 64 LF $ 61.10 $ 3,910.40 NEW 4X BLOCKING 96 LF $ 15.00 $ 1,440.00
ROOF OPENING CUT OUT, FRAMING AND ROOF PAD FOR ROOFTOP 5 EA $ 2,438.00 $ 12,190.00 DUCTWORK PER DETAILS 3/S6.10W 16 EA $ 6,032.00 $ 96,512.00 NEW ROOF FRAMING FOR SKYLIGHT PER DETAIL 1/S6.12W, 8’ X 16 EA $ 2,500.00 $ 40,000.00 $ -
STRENGTHEN (E) GLULAM PER DETAIL 1/S6.20W 449 LF $ 106.52 $ 47,827.20 STRENGTHEN (E) GLULAM PER DETAIL 2/S6.20W 248 LF $ 106.52 $ 26,416.96 $ -
CIRCULATION RECEPTION DESK 30 LF $ 1,670.00 $ 50,100.00 BASE CABINET 14 LF $ 708.00 $ 9,912.00
SOLID SURFACE COUNTERTOP 14 LF $ 250.00 $ 3,500.00
UPPER CABINET. 2'-6"H 8 LF $ 215.00 $ 1,720.00
UPPER CABINET. 2'-8'H 8 LF $ 185.00 $ 1,480.00
PAINTED PLYWOOD AT SKYLIGHTS PER DETAIL 1/A9.62W 768 SF $ 6.00 $ 4,608.00 SUBTOTAL $ 509,383.58
THERMAL & MOISTURE PROTECTION $ -
CUT AND PATCH (E) ROOF SHEATHING AND FRAMING FOR NEW SKYLIGHT,4X8' 16 EA $ 450.00 $ 7,200.00 CUT AND PATCH (E) ROOF SHEATHING AND FRAMING FOR NEW SOLATUBE, 25" 9 EA $ 250.00 $ 2,250.00 NEW MEMBRANE ROOFING OVER 1/2" FIBER BOARD 18,600 SF $ 3.96 $ 73,656.00 NEW 9" RIGID INSULATION 18,600 SF $ 5.16 $ 95,976.00
NEW COPING FOR (E) PARAPET PER DETAIL 4/A9.40W 724 LF $ 34.56 $ 25,021.44 DOWNSPOUT 140 LF $ 86.90 $ 12,166.00
ROOF WALKING PADS 1,360 SF $ 7.34 $ 9,982.40
INFILL AND REPAIR PARAPET AS NEEDED AFTER REMOVAL OF SCUPPER 4 EA $ 800.00 $ 3,200.00 MISC. CAULKING AND FLASHING 23,555 GSF $ 1.53 $ 36,039.15 SUBTOTAL $ 265,490.99
DOORS AND WINDOWS $ -
$ -

GLULAM STRENGTHENING

7.0 8.0

EXTERIOR DOORS & WINDOWS

FINISH CAPENTRY

Page 307 of 687 ends

NEW 6-6" X 10' STL ROLL UP DOOR/STL FRAME 2 EA $ 16,250.00 $ 32,500.00 NEW 6' X 7' AL-GL DOOR/AL FRAME AND HARDWARE 3 PR $ 14,310.00 $ 42,930.00 NEW 3' X 7' AL-GL DOOR/AL FRAME AND HARDWARE 3 EA $ 7,759.00 $ 23,277.00 NEW 3' X 7' HM DOOR/HM FRAME AND HARDWARE, PAINTED 1 EA $ 7,155.00 $ 7,155.00 PANIC HARDWARE 8 EA $ 4,200.00 $ 33,600.00
LOUVER. 12“ X 24" 1 EA $ 200.00 $ 200.00
EXTERIOR WINDOW 158 SF $ 85.84 $ 13,562.72
SKYLIGHT 512 SF $ 65.00 $ 33,280.00
SOLATUBE. 25" WITH EXTENSION PER DETAIL A9.42 12 EA $ 3,563.17 $ 42,758.04 $ -
NEW 6' X 7' AL-GL DOOR/AL FRAME AND HARDWARE 1 PR $ 12,000.00 $ 12,000.00 NEW 3’ X 7' AL-GL DOOR/AL FRAME AND HARDWARE 1 EA $ 7,500.00 $ 7,500.00 NEW 6' X 7' HM-GL DOOR/HM FRAME AND HARDWARE, PAINTED 1 PR $ 7,000.00 $ 7,000.00 NEW 6' X 7' HM DOOR/HM FRAME AND HARDWARE, PAINTED 2 PR $ 6,500.00 $ 13,000.00 NEW 5'-6" X 7' HM DOOR/HM FRAME AND HARDWARE, PAINTED 1 PR $ 6,500.00 $ 6,500.00 NEW 3' X 7' HM DOOR/HM FRAME AND HARDWARE, PAINTED 7 EA $ 3,500.00 $ 24,500.00 NEW 3' X 7' WD DOOR/HM FRAME AND HARDWARE, PAINTED 15 EA $ 3,500.00 $ 52,500.00 45 MIN FIRE RATING 8 EA $ 1,800.00 $ 14,400.00
20 MIN FIRE RATING 1 EA $ 2,200.00 $ 2,200.00
PANIC HARDWARE 4 EA $ 4,200.00 $ 16,800.00
LOUVER. 12"X24" 26 EA $ 200.00 $ 5,200.00
INTERIOR STOREFRONT 1,092 SF $ 95.78 $ 104,591.76
SUBTOTAL $ 495,454.52
FINISHES $ -
$ -
POWER/CLEAN (E) CONCRETE FINISH, PATCH AND REPAIR ANY CRACKS & VOIDS.

FILL ALL HOLES WHERE AFFECTED BY REMOVAL OF PIPES AND CONDUITS. 21,178 SF $ 0.10 $ 2,117.80 PAINT AND APPLY WATERPROOF CONCRETE COATING SF 21,178 SF $ 4.30 $ 91,065.40 SCAFFOLDING 21,178 SF $ 0.50 $ 10,589.00
$ -
NEW INTERIOR WALL, TYPE A1 628 SF $ 9.90 $ 6,217.20
NEW INTERIOR WALL, TYPE A2 2,625 SF $ 9.90 $ 25,987.50
NEW INTERIOR WALL, TYPE A3 852 SF $ 5.95 $ 5,069.40
NEW INTERIOR WALL, TYPE A4 1,655 SF $ 5.95 $ 9,847.25
NEW INTERIOR WALL, TYPE A5 72 SF $ 5.95 $ 428.40
NEW INTERIOR WALL, TYPE C1 1,052 SF $ 11.32 $ 11,908.64

INTERIOR DOORS & WINDOWS

9.0 EXTERIOR WAL

INTERIOR PARTITION

Page 308 of 687 ends

NEW INTERIOR WALL, TYPE C2 351 SF $ 11.32 $ 3,973.32
NEW INTERIOR WALL, TYPE D 273 SF $ 8.49 $ 2,317.77
NEW INTERIOR WALL. TYPE E1 817 SF $ 9.90 $ 8,088.30
NEW INTERIOR WALL. TYPE E2 224 SF $ 9.90 $ 2,217.60
NEW INTERIOR WALL. TYPE E3 169 SF $ 9.90 $ 1,673.10
NEW INTERIOR WALL. TYPE G1 153 SF $ 9.90 $ 1,514.70
NEW INTERIOR WALL. TYPE H 975 SF $ 9.90 $ 9,652.50
NEW INTERIOR WALL, TYPE J 169 SF $ 11.32 $ 1,913.08
NEW INTERIOR WALL, TYPE L1 489 SF $ 37.75 $ 18,459.75
NEW INTERIOR WALL. TYPE L2 907 SF $ 20.06 $ 18,194.42
NEW INTERIOR WALL, TYPE M 192 SF $ 15.17 $ 2,912.64
NEW INTERIOR WALL. TYPE N 8,352 SF $ 11.71 $ 97,801.92
NEW INTERIOR WALL. TYPE Q 260 SF $ 5.95 $ 1,547.00
NEW INTERIOR WALL. TYPE R1 666 SF $ 11.32 $ 7,539.12
ATHLETIC WALL PADDING. 6'H 3,139 SF $ 21.50 $ 67,488.50 CERAMIC WALL TILE 1,340 SF $ 31.46 $ 42,156.40
$ -
NEW RAISED WOOD FLOORING 13,839 SF $ 12.58 $ 174,094.62 LINOLEUM FLOORING 1,723 SF $ 6.23 $ 10,734.29
STATIC DISSIPATIVE TILE 35 SF $ 55.50 $ 1,942.50
CARPET TILE 1,141 SF $ 5.18 $ 5,910.38
SEALED CONCRETE 994 SF $ 6.00 $ 5,964.00
POLISHED CONCRETE WITH GRINDING 2 SF $ 9.00 $ 22.11
NEW CERAMIC FLOOR TILE 782 SF $ 26.65 $ 20,840.30
NEW CERAMIC TILE BASE 225 LF $ 15.00 $ 3,375.00
RUBBER BASE 1,597 LF $ 2.69 $ 4,295.93
VENTILATED BASE FOR WOOD FLOORING PER DETAIL 4/A9.90W 817 LF $ 2.00 $ 1,634.00 $ -
PAINT EXPOSED STRUCTURE 16,790 SF $ 2.50 $ 41,975.00
2X2 SUSPENDED ACOUSTICAL CEILING TILES 1,820 SF $ 10.23 $ 18,618.60 NEW SOUND ABSORBING CEILING PANELS WITH 2X4 NAILER PER DETAIL 3/A9.62W 16,520 SF $ 17.92 $ 296,038.40 WOOD LINEAR CEILING 220 SF $ 87.45 $ 19,239.00
NEW GYP, BD CEILING 1,920 SF $ 14.99 $ 28,780.80
NEW GYP. BD CEILING. 1-HR RATED 240 SF $ 22.51 $ 5,402.40 GYP BD SOFFIT. 5'H. VERTICAL PORTION 70 SF $ 7.92 $ 554.40

CEILING

FLOORING

Page 309 of 687 ends

P-LAM SOFFIT BULKHEAD AT RECEPTION PER DETAIL 5/A9.62W 32 LF $ 30.00 $ 960.00 GYP BD SOFFIT BULKHEAD AT GUARDRAIL SCREEN PER DETAIL 4/A7.02 43 LF $ 8.32 $ 357.76 $ -
PAINT (E) EXPOSED INTERIOR CONCRETE WALL 8,179 SF $ 8.00 $ 65,432.00 MISC. PAINTING 23,555 GSF $ 4.22 $ 99,402.10
SUBTOTAL $ 1,256,254.30
SPECIALTIES $ -
$ -
TOILET PARTITION, ADA 2 EA $ 2,000.00 $ 4,000.00
TOILET PARTITION. REG 7 EA $ 2,000.00 $ 14,000.00
URINAL PARTITION 2 EA $ 1,000.00 $ 2,000.00
GRAB BARS 5 SET $ 200.00 $ 1,000.00
TOILET TISSUE DISPENSER 10 EA
SEAT COVER DISPENSER 10 EA
SANITARY NAPKIN DISPOSAL 8 EA
MIRROR 1 EA $ 500.00 $ 500.00
MIRROR, 10'X 3' 2 EA $ 1,500.00 $ 3,000.00
SOAP DISPENSER 9 EA $ 200.00 $ 1,800.00
HAND DRYER 4 EA $ 200.00 $ 800.00
COMBINATION TOWEL DISPENSER/WASTE RECEPTACLE 3 EA $ 100.00 $ 300.00 FOLDING DIAPER CHANGE STATION 1 EA $ 3,100.00 $ 3,100.00 MOP AND BROOM RACK 1 EA $ 500.00 $ 500.00
GYM STRIPING 23,555 GSF $ 0.22 $ 5,182.10
RECESSED FIRE EXTINGUISER CABINET 3 EA $ 1,800.00 $ 5,400.00 BUILDING SIGNAGE 23,555 SF $ 0.20 $ 4,711.00
SUBTOTAL $ 56,293.10
EQUIPMENT $ -
RETRACTABLE BASKETBALL BACKBOARD, CEILING MTD, ELECTRIC 2 EA $ - RETRACTABLE BASKETBALL BACKBOARD, WALL MTD 4 EA $ -
MANUAL RETRACTABLE BLEACHERS 710 SF $ 77.95 $ 55,348.00 SCOREBOARD AND SHOT CLOCK PER DETAIL 3/A9.90 1 EA $ 24,000.00 $ 24,000.00 SUBTOTAL $ 79,348.00
CONVEYING EQUIPMENT $ -
ELEVATORS 2 STOP $ 57,050.00 $ 114,100.00
SUBTOTAL $ 114,100.00
$ 1,000.00 $ 10,000.00
MISC. PAINTING

10.0 SPECIALTIES

11.0 14.0

Page 310 of 687 ends

FIRE SUPPRESSION $ -
$ -
NEW FIRE SPRINKLER SYSTEM 23,555 GSF $ 5.67 $ 133,556.85 SUBTOTAL $ 133,556.85
PLUMBING $ -
$ -
$ -
INSTANTANEOUS ELECTRIC HOT WATER HEATER 1 EA $ 1,000.00 $ 1,000.00 DOMESTIC ELECTRIC HOT WATER HEATER, 100 GALLON 1 EA $ 18,000.00 $ 18,000.00 EXPANSION TANK, 6.4 GALLON 1 1 EA $ 2,000.00 $ 2,000.00 CIRCULATION PUMP. 5 GPM 1 EA $ 800.00 $ 800.00
$ -
WATER CLOSET. ADA 3 EA $ 2,500.00 $ 7,500.00
WATER CLOSET 7 EA $ 2,500.00 $ 17,500.00
LAVATORY WALL, ADULT 1 EA $ 6,500.00 $ 6,500.00
LAVATORY WALL, 4-STATION 2 EA $ 12,500.00 $ 25,000.00
URINAL WALL, ADA 1 EA $ 2,000.00 $ 2,000.00
URINAL WALL 2 EA $ 2,000.00 $ 4,000.00
ELECTRIC WATER COOLER AND WATER BOTTLE FILLING STATION 1 EA $ 4,500.00 $ 4,500.00 BREAKROOM / WORKROOM SINK 2 EA $ 3,000.00 $ 6,000.00
SERVICE SINK. AT CUSTODIAN ROOM 1 EA $ 3,500.00 $ 3,500.00 ROUGH-IN AT FIXTURES 26 FIX $ 2,192.31 $ 57,000.00
$ -
3/4" CW 795 LF $ 51.57 $ 41,000.00
TRAP PRIMER 3 EA $ 1,000.00 $ 3,000.00
HOSE BIBB 8 EA $ 2,000.00 $ 16,000.00
WATER HAMMER ARRESTOR 1 EA $ 100.00 $ 100.00
CW SHUT-OFF VALVE IN THE YARD BOX 1 EA $ 3,000.00 $ 3,000.00 $ -
2" WASTE 425 LF $ 218.82 $ 93,000.00
1 1/2" VTR 6 EA $ 1,000.00 $ 6,000.00
2" VTR 6 EA $ 1,000.00 $ 6,000.00
4” FLOOR CLEANOUT 1 EA $ 1,000.00 $ 1,000.00
4" CLEANOUT 5 EA $ 750.00 $ 3,750.00
FLOOR DRAIN 3 EA $ 2,000.00 $ 6,000.00

WATER DISTRIBUTION, CW, HW & HWR

21.0 FIRE SPRINKLER

22.0 PLUMBING

PLUMBING EQUIPMENT

PLUMBING

SANITARY SEWER/VENT SYSTEM

Page 311 of 687 ends

HUB DRAIN 1 EA $ 1,500.00 $ 1,500.00
$ -
ROOF RECEPTOR 5 EA $ 250.00 $ 1,250.00
OVERFLOW DRAIN PIPING. 2" 60 LF $ 42.00 $ 2,520.00
OVERFLOW DRAIN PIPING, 3" 90 LF $ 50.00 $ 4,500.00
STORM DRAIN PIPING. 2" 60 LF $ 42.00 $ 2,520.00
STORM DRAIN PIPING. 3“ 90 LF $ 50.00 $ 4,500.00
$ -
NEW CONDENSATE DRAIN PIPING, 1" 140 LF $ 35.71 $ 5,000.00 NEW CONDENSATE DRAIN PIPING, 3/4" 560 LF $ 17.86 $ 10,000.00 CD CONNECTION TO ROOFTOP UNIT 5 EA $ 500.00 $ 2,500.00
CD CONNECTION TO CONDENSING UNIT 4 EA $ 500.00 $ 2,000.00 CD CONNECTION TO FAN COIL UNIT 11 EA $ 500.00 $ 5,500.00 1 LS $ 25,000.00 $ 25,000.00
1 LS $ 10,000.00 $ 10,000.00
SUBTOTAL $ 410,940.00
HVAC $ -
HVAC DEMOLITION - DEMO HVAC SYSTEM 23,555 GSF $ 0.75 $ 17,666.25 $ -
PACKAGED AC HEAT PUMP, 8000 CFM 4 EA $ 140,000.00 $ 560,000.00 PACKAGED AC HEAT PUMP, 6000 CFM 1 EA $ 105,000.00 $ 105,000.00 AIR COOLED CONDENSING UNIT, 96 MBH 2 EA $ 12,000.00 $ 24,000.00 AIR COOLED CONDENSING UNIT, 21 2 MBH 2 EA $ 3,800.00 $ 7,600.00 FAN COIL UNIT, 1130 CFM 3 EA $ 6,500.00 $ 19,500.00
FAN COIL UNIT, 565 CFM 1 EA $ 4,200.00 $ 4,200.00
FAN COIL UNIT, 560 CFM 1 EA $ 4,200.00 $ 4,200.00
FAN COIL UNIT. 388 CFM 2 EA $ 4,200.00 $ 8,400.00
FAN COIL UNIT. DUCTLESS, 486 CFM 2 EA $ 4,300.00 $ 8,600.00 SUPPLY FAN, ROOF, 700 CFM 1 EA $ 5,500.00 $ 5,500.00
EXHAUST FAN. ROOF, 1300 CFM 1 EA $ 7,000.00 $ 7,000.00
GRAVITY VENTILATOR, ROOF. 1800 CFM 4 EA $ 800.00 $ 3,200.00 GRAVITY VENTILATOR. ROOF, 1200 CFM 1 EA $ 700.00 $ 700.00 MULTI BRANCH SELECTOR BOX, MEZZANINE/1ST FL, 208 V, 60 LBS 2 EA $ 1,400.00 $ 2,800.00 REFRIGERANT PIPING + INSULATION, SUPPLY & RETURN, INCLUDING SUPPORTS 495 LF $ 205.00 $ 101,475.00

STORM DRAINS

CONDENSATE DRAIN
MISC. VALVES/SPECIALTIES

TESTING/PERMITS/STERILIZATION

23.0 NEW HVAC WORK

DUCTWORK & DISTRIBUTION

Page 312 of 687 ends

GALVANIZED IRON DUCT 13,847 LBS $ 16.00 $ 221,552.00
EXTERNAL DUCT WRAPPING 3,023 SF $ 3.00 $ 9,069.00
DUCT LINING 5,958 SF $ 4.43 $ 26,393.94
DUCT SOX, 26" 586 LF $ 90.00 $ 52,740.00
DUCT SOX, 12“ 30 LF $ 66.00 $ 1,980.00
CEILING DIFFUSERS/REGISTERS/GRILLES 42 EA $ 118.00 $ 4,956.00 SIDE DIFFUSERS/REGISTERS/GRILLES 8 EA $ 118.00 $ 944.00 PROVIDE 30X16 GRILLE 8 EA $ 118.00 $ 944.00
PROVIDE 4'L LINEAR DIFFUSER WITH INSULATED PLENUM 2 EA $ 161.00 $ 322.00 MESH SCREEN OVER 54 X 12 RETURN AIR OPENING 1 EA $ 130.00 $ 130.00 MESH SCREEN OVER 26 X 26 DUCT 5 EA $ 110.00 $ 550.00
24X12 WALL DIFFUSER 1 EA $ 125.00 $ 125.00
30X12 SIDEWALL GRILLE 1 EA $ 125.00 $ 125.00
MANUAL DAMPER 70 EA $ 98.00 $ 6,860.00
FIRE SMOKE DAMPER 4 EA $ 1,350.00 $ 5,400.00
SMOKE DAMPER 5 EA $ 900.00 $ 4,500.00
C02 MONITOR 2 EA $ 1,750.00 $ 3,500.00
PROVIDE MOTORIZED DAMPER TO MODULATE OSA INTAKE 2 EA $ 750.00 $ 1,500.00 $ -
TEMPERATURE CONTROLS. DDC 1 LS $ 135,000.00 $ 135,000.00 COMMISSIONING. AS-BUILTS. TEST & BALANCE LS 1 LS $ 35,000.00 $ 35,000.00 SUBTOTAL $ 1,391,432.19
ELECTRICAL, COMMUNICATION, SECURITY $ -
$ -
ELECTRICAL DEMOLITION - DEMO ELECTRICAL SYSTEM 23,555 GSF $ 0.60 $ 14,133.00 $ -
MAIN SWITCHBOARD. 1000A-480/277V 1 EA $ 20,200.00 $ 20,200.00 EQUIPMENT GROUNDING SYSTEM 23,555 GSF $ 0.20 $ 4,711.00 DISTRIBUTION SWITCHBOARD, 400A, 120/208V 1 EA $ 15,195.11 $ 15,195.11 INVERTER , 3.47 KVA 1 EA $ 10,195.11 $ 10,195.11
TRANSFORMER, 75 KVA 1 EA $ 10,195.11 $ 10,195.11
TRANSFORMER GROUNDING 1 EA $ 10,195.11 $ 10,195.11
PANELBOARD. 225A, 480/277V 1 EA $ 10,195.11 $ 10,195.11 PANELBOARD. 100A, 480/277V 1 EA $ 10,195.11 $ 10,195.11 PANELBOARD. 225A, 120/208V 5 EA $ 10,195.11 $ 50,975.55

ELECTRICAL EQUIPMENT

CONTROLS

26.0 - 28.0

NEW ELECTRICAL WORK

Page 313 of 687 ends

PANELBOARD, 100A. 120/208V 1 EA $ 10,195.11 $ 10,195.11 FUSED DISCONNECT SWITCH, 100/3 1 EA $ 10,195.11 $ 10,195.11 ELEVATOR MOTOR, 30 HP. HOOK-U 1 EA $ 10,195.11 $ 10,195.11 $ -
1" EMT CONDUIT 180 LF $ 9.82 $ 1,767.60
1-1/2" EMT CONDUIT 110 LF $ 15.01 $ 1,651.10
2" EMT CONDUIT 200 LF $ 17.71 $ 3,542.00
#1/0 WIRE 80 LF $ 17.19 $ 1,375.20
#2 WIRE 1,120 LF $ 5.48 $ 6,137.60
#4 WIRE 315 LF $ 8.39 $ 2,642.85
#6 WIRE 320 LF $ 2.63 $ 841.60
#8 WIRE 395 LF $ 1.90 $ 750.50
#10 WIRE 75 LF $ 1.31 $ 98.25
$ -
TYPE A1. 2X2 RECESSED LIGHT FIXTURE 48 EA $ 404.82 $ 19,431.36 TYPE C1, 4' RECESSED LED FIXTURE 3 EA $ 397.98 $ 1,193.94 TYPE C3. 6’ RECESSED LED FIXTURE 4 EA $ 609.07 $ 2,436.28 TYPE C4. 8' RECESSED LED FIXTURE 5 5 EA $ 686.59 $ 3,432.95 TYPE C7. 4' RECESSED LED FIXTURE 5 5 EA $ 397.98 $ 1,989.90 TYPE D1, HIGH BAY LEO LIGHTING 55 EA $ 997.62 $ 54,869.32 TYPE D2. 4" LED DOWN LIGHT 9 EA $ 406.10 $ 3,654.90
TYPE D2A, 4" LED DOWN LIGHT 5 EA $ 406.10 $ 2,030.50
TYPE D3. 8" LED DOWN LIGHT 3 EA $ 406.10 $ 1,218.30
TYPE E1. EXIT SIGN 5 EA $ 476.89 $ 2,384.45
TYPE E2. EXTERIOR EXIT SIGN 11 EA $ 476.89 $ 5,245.79
TYPE G, 1 X 4‘ SURFACE MTD LED 16 EA $ 404.75 $ 6,476.00 TYPE UC1, 2'L UNDER CABINET LED FIXTURE 1 EA $ 397.98 $ 397.98 TYPE UC2, 3’L UNDER CABINET LED FIXTURE 1 EA $ 397.98 $ 397.98 TYPE UC3, 4'L UNDER CABINET LED FIXTURE 1 EA $ 397.98 $ 397.98 TYPE W2, 21'L WALL MTD LIGHTING AT RESTROOMS 2 2 EA $ 702.58 $ 1,405.16 TYPE P3W, 6' SURFACE/PENDANT LED STRIP, HIGH CEILING 3 EA $ 509.29 $ 1,527.87 TYPE P4, 8' SURFACE/PENDANT LED STRIP, HIGH CEILING 10 EA $ 520.79 $ 5,207.90 TYPE Y, 4 5"W X 13"H WALL MTD LED FIXTURE. WET LOCATION 4 EA $ 371.10 $ 1,484.40 WIRELESS OCCUPANCYA/ACANCY SENSOR, PASSIVE INFRARED DETECTION. 1500 SQ FT RANGE 34 EA $ 175.00 $ 5,950.00
TILE MOUNT MOTION SENSING (PIR) AND PHOTOCELL 120/277VAC WITH 3A ZERO CROSS RELAY 8 0-10V CONTINUOUS DIMMING CONTROL MODULE INCLUDED 5 EA $ 175.00 $ 875.00

NEW SECONDARY FEEDER

LIGHTING SYSTEM

Page 314 of 687 ends

WAC DEVICE 12 EA $ 175.00 $ 2,100.00
WIRELESS RELAY SWITCHPACK, WIRED SENSOR INPUT, 0-10V DIMMING, 20A LOAD 120/277V 27 EA $ 175.00 $ 4,725.00
WIRELESS RELAY SWITCH PACK, 0-10V DIMMING, 20A LOAD 120/277V & CEPC-2-D UL924 BYPASS RELAY BY FUNCTIONAL DEVICES REFER TO 12 EA $ 175.00 $ 2,100.00 WIRELESS WALLSTATION, 2 LARGE BUTTONS. RAISE/LOWER 120/277V REQUIRED, CUSTOM ENGRAVED BUTTONS AVAILABLE 22 EA $ 175.00 $ 3,850.00 WIRELESS WALLSTATION, 2 LARGE BUTTONS, ON/OFF 120/277V
REQUIRED, CUSTOM ENGRAVED BUTTONS AVAILABLE 2 EA $ 175.00 $ 350.00 UNMANAGED NETWORK SWITCH, 4 PORTS TO POWER AND COMMUNICATE WITH WAC-POES 120VAC REQUIRED WITHIN 3-FT OF THE SWITCH 3 EA $ 175.00 $ 525.00 WALL SWITCH SENSOR 1 EA $ 175.00 $ 175.00
SWITCH 1 EA $ 175.00 $ 175.00
SWITCH, KEYED 2 2 EA $ 175.00 $ 350.00
PROVIDE LOCKABLE CLEAR COVER FOR LOCAL AREA SWITCH EA1 1 EA $ 175.00 $ 175.00 PROVIDE NEMA 4 ENCLOSURE AS REQUIRED FOR WACS THAT MAY BE SUBJECT TO DAMAGE 6 EA $ 1,500.00 $ 9,000.00
BRANCH LIGHTING CKTS , EMT/CU WIRES LF 8,244 LF $ 21.29 $ 175,514.76 LIGHTING LOW VOLTAGE CONTROL 23,555 GSF $ 26.65 $ 627,811.42 OTHER LOW VOLTAGE SYSTEMS - N I C (FEES, PERMIT, & TESTING) 1 LS $ - $ -
DUPLEX RECEPT 45 EA $ 456.89 $ 20,560.05
DUPLEX. RECEPT., NEMA 5-20R, TAMPER RESISTANT 27 EA $ 462.71 $ 12,493.17 DUPLEX RECEPT - GFI 10 EA $ 476.89 $ 4,768.90
QUAD RECEPT - WALL 5 EA $ 476.89 $ 2,384.45
QUAD RECEPT - WALL. GFI 16 EA $ 506.34 $ 8,101.44
GFCI RECEPTACLE, W.P 10 EA $ 517.29 $ 5,172.90
ROOFTOP GFCI RECEPTACLE, W.P, TAMPER RESISTANT WITH TUBE STEEL SUPPORT PER DETAIL 2/E2 14W 6 EA $ 601.95 $ 3,611.70
NEMA 11-20R RECEPTACLE WITH LOCKABLE EXTRA DUTY IN-USE ENCLOSURE FOR FUTURE USE. 4 EA $ 825.01 $ 3,300.04
BRANCH POWER CKTS., EMT/CU WIRES 3,585 LF $ 25.29 $ 90,664.65 BRANCH POWER CKTS., GRC C O ON ROOFTOP 470 LF $ 43.59 $ 20,487.30 POWER TO HAND DRYER 4 EA $ 300.00 $ 1,200.00
$ -
$ -
MANUAL MOTOR STARTER SWITCH 11 EA $ 1,352.44 $ 14,876.84 POWER HOOK-UPS TO FAN COIL UNIT 11 C:A $ 3,179.49 $ 34,974.39 POWER FEEDERS TO PANEL 480 LF $ 137.49 $ 65,995.20
$ -
FUSED DISCONNECT SWITCH. 200/3, NEMA 3R, HEAVY DUTY 5 EA 5 EA $ 750.00 $ 3,750.00 2" EMT CONDUIT 730 LF 730 LF $ 95.49 $ 69,707.70
#1/0 WIRE 2,190 LF $ 25.00 $ 54,750.00

BRANCH POWER SYSTEM

HVAC POWER HOOK-UPS

FAN COIL UNITS AND BRANCH SELECTOR BOX

PACKAGED HEAT PUMP ROOFTOP UNIT

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#6 WIRE 730 LF $ 17.00 $ 12,410.00
$ -
NON-FUSED DISCONNECT SWITCH. 30/2, NEMA 3R, HEAVY DUTY 4 EA $ 313.35 $ 1,253.40 POWER FEEDERS TO PANEL 270 LF $ 137.49 $ 37,122.30
$ -
30A 2P MOTOR DISCONNECT SWITCH IN NEMA 3R ENCLOSURE 2 EA $ 313.35 $ 626.70 POWER FEEDERS TO PANEL 120 LF $ 137.49 $ 16,498.80
$ -
MANUAL SERVICE DISCONNECT SWITCH 2 EA $ 250.00 $ 500.00 FEEDERS TO PANEL 100 LF $ 137.49 $ 13,749.00
$ -
POWER TO SCOREBOARD 1 EA $ 1,000.00 $ 1,000.00
POWER TO BASKETBALL BACKBOARDS 2 EA 2 EA $ 1,000.00 $ 2,000.00 PROVIDE KEY SWITCH AND CONNECTION TO BASKETBALL BACKBOA 2 EA $ 250.00 $ 500.00 PROVIDE 30A 3P LOCKABLE DISCONNECT SWITCH FOR ROLL-UP DOOR * FEEDERS TO PANEL 2 EA $ 313.35 $ 626.70
PROVIDE 15A 2P LOCKABLE FUSED DISCONNECT FOR ELEVATOR CAB LIGHTING AND FAN POWER + FEEDERS TO PAN 2 EA $ 313.35 $ 626.70 $ -
60A 3P DISCONNECT SWITCH FOR WATER HEATER 1 EA $ 469.67 $ 469.67 MANUAL MOTOR STARTER SWITCH FOR CIRCULATION PUMP 1 EA $ 313.35 $ 313.35 FEEDERS TO PANEL LF160 160 LF $ 9.38 $ 1,500.80
POWER HOOK-UPS TO INSTANTANEOUS WATER HEATER 1 EA $ 300.00 $ 300.00 FEEDERS TO PANE 230 LF $ 9.38 $ 2,157.40
$ -
POWER HOOK-UPS TO TP 2 EA $ 500.00 $ 1,000.00
POWER FEEDERS TO PANEL 245 LF $ 20.41 $ 5,000.45
$ -
COMBINATION TELE/DATA OUTLET 18 EA $ 175.00 $ 3,150.00
PROVIDE J-BOX AND STUB UP 1-1/4"C INTO ACCESSIBLE CEILING AND COORDINATE WITH USER IT FOR LOW VOLTAGE REQUIREMENTS 1 EA $ 175.00 $ 175.00 DATA FEEDERS (C O ONLY) 810 LF $ 80.00 $ 64,800.00
DATA BACKBONE INFRASTRUCTURE 36 EA $ 175.00 $ 6,300.00
IDF 1 EA $ 2,500.00 $ 2,500.00
$ -
PROVIDE/INSTALL A SURFACE MOUNTED 12"X12’'X4" DEEP PULLBOX WITH SCREW-ON REMOVABLE COVER 2 EA $ 71.50 $ 143.00
FACP 1 EA $ 11,264.00 $ 11,264.00
SPRINKLER BELL 1 EA $ 120.00 $ 120.00

TRAP PRIMER

TELEPHONE/ DATA SYSTEM

ROOFTOP CONDENSING UNITS

ROOFTOP EXHAUST FANS

FIRE SMOKE DAMPERS

EQUIPMENT POWER HOOK-UPS

ELECTRIC WATER HEATER

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SMOKE DETECTOR 4 EA $ 33.00 $ 132.00
DUCT SMOKE DETECTOR 5 EA $ 406.20 $ 2,031.00
HEAT DETECTOR 1 EA $ 132.00 $ 132.00
SPEAKER. WP 5 EA $ 215.00 $ 1,075.00
COMBINATION SPEAKER/ STROBE 26 EA $ 215.38 $ 5,599.88
RELAY MODULE 6 EA $ 220.00 $ 1,320.00
MANUAL PULL STATION 7 EA $ 210.00 $ 1,470.00
FLOW SWITCH 1 EA $ 220.00 $ 220.00
TAMPER SWITCH 1 EA $ 220.00 $ 220.00
MONITOR MODULE 1 EA $ 220.00 $ 220.00
CONTROL RELAY 2 EA 2 EA $ 220.00 $ 440.00
DUAL MONITOR MODULE 1 EA $ 210.00 $ 210.00
FIRE ALARM HVAC SHUT DOWN TO AC UNITS 5 EA $ 406.20 $ 2,031.00 FIRE ALARM FEEDERS 1,525 LF $ 0.64 $ 975.00
SUBTOTAL $ 1,773,423.26
EARTHWORK $ -
6"OVEREXCAVATION BELOW CONCRETE SLAB - PER SOIL REPORT DATED 12/12/2022 211 CY $ 45.00 $ 9,495.00 SUBTOTAL $ 9,495.00
EXTERIOR IMPROVEMENTS $ -
$ -
DEMO (E) SLAB BELOW CANOPY- SEESITE 4,650 SF $ 5.00 $ 23,250.00 DEMO PORTION OF (E) 8" THK CMU WALL PER DETAIL 2/S0.11W 310 LF $ 218.67 $ 67,787.70 DEMO PORTION OF (E) RETAINING WALL AND FOOTIN 9 LF $ 450.00 $ 4,050.00 $ -
STRENGTHEN (E) RETAINING WALL PER DETAIL 4/S4.10W 308 LF $ 426.27 $ 131,291.16 DOWEL TO (E) RETAINING WALL FOUNDATION 462 EA $ 15.00 $ 6,930.00 DOWEL NEW SLAB TO (E) RETAINING WALL 231 EA $ 21.47 $ 4,959.57 NEW 8" THK RETAINING WALL 100 SF $ 77.65 $ 7,765.00
RETAINING WALL FOOTING 7 CY $ 1,200.00 $ 8,400.00
HSS POSTS, GALVANIZED 9,952 LBS $ 7.77 $ 77,300.00
HSS POST BASEPLATE PER DETAIL 5/S5.00W 265 LBS $ 7.77 $ 2,059.05 W-BEAMS 15,352 LBS $ 7.77 $ 119,285.04
C CHANNEL BEAMS 3,749 LBS $ 9.71 $ 36,400.00
EDGE OF DECK ANGLE PER DETAIL 6/S5.03W 288 LBS $ 11.65 $ 3,355.00 CANOPY BEAM TO CONCRETE WALL PLATE PER DETAIL 4/S5.01 W 306 LBS $ 11.65 $ 3,565.00

31.0 32.0

SITE DEMOLITION
CANOPY

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DETAIL STEEL 2,991 LBS $ 5.02 $ 15,000.00
5/8” DIA GALVANIZED BOLT THRU CONCRETE WALL PER DETAIL 7/S5.00W 652 EA $ 16.00 $ 10,432.00 1-1/2" METAL DECK 5,021 SF $ 11.25 $ 56,486.25
ENTRY CANOPY (EXCLUDING STEEL FRAMING AND DECK) PER SHT A9.40W 5,021 SF $ 67.97 $ 341,277.37 FLASHING AT (E) CONCRETE WALL PER DETAIL 3/A9.40W 325 LF $ 21.81 $ 7,088.25 ROOF FASCIA AND FLASHING PER DETAIL 2/A9.40W 350 350 LF $ 228.43 $ 79,950.50 GUTTER AND FLASHING PER DETAIL 1/A9.40W 350 LF $ 62.30 $ 21,805.00 TYPE EX, EXTERIOR EXIT SIGN EA3 3 EA $ 750.00 $ 2,250.00 TYPE FX4B, 4'L RECESSED LED DIRECT FIXTURE, EXTERIOR 28 EA $ 397.95 $ 11,142.60 BRANCH LIGHTING CKTS„ GRC/CU WIRES 465 LF $ 60.30 $ 28,039.50 $ 10,109,079.28
$ 2,003,846.72
$ 12,112,926.00
Other costs
Bid Total Amount

CRV WEST BUILDING SUBTOTAL

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26535 SUMMIT CIRCLE CLSB Lic. No. 881824 T: 661.25 1.7401 SANTA CLARITA, CA 91350 WWW.AMGASSOCIATESINC.COM F: 661.251.7405 June 25, 2024
City of Covina, Department of Public Works
Michael Flores Jr., Senior Management Analyst [email protected] 125 E. College Street
Covina, CA 91723-2199
RE: Covina Recreation Village Project, West Gymnasium Building Phase I Project No. P2202
Subject: Bid Protest: Perera Construction & Design, Inc.

Dear Mr. Flores,
AMG & Associates, Inc. (“AMG”), the lowest responsive and responsible bidder for the Covina Recreation Village Project, West Gymnasium Building Phase I (“Project”) submits this bid protest letter in advance of the deadline to do so. On Tuesday 18, 2024 at 9:55AM, AMG submitted its bid for the Project. While the City’s tabulation of bid results indicates that AMG is the apparent second-low bidder, there exist significant irregularities in the bid documents of the apparent low bidder, Perera Construction & Design, Inc. (Perera), which leads to the legal conclusion that AMG is the true lowest responsive and responsible bidder. This letter sets forth the legal and factual grounds for AMG’s challenge of any potential award of the contract for the Project to Perera.

Pursuant to Instruction to Bidders, IB-7, Item 15. Designation of Subcontractors and Bid Form, B14 Designation of Subcontractors (Public Contract Code Section 4104), Bidders are required to list subcontractors for all scopes of work intended to subcontract with value in excess of one half of one percent of the bidders total bid price for the project. Perera failed to list significant trades with scopes with values far in excess of the listing requirements. Specifically, Perera failed to list subcontractors for Site Utilities, Plumbing, and the Elevator scopes.

The failure of Perera to list subcontractors for these significant trades obligates them to self p0erform this work with their own forces. Doing so would bring into question their responsiveness based on their experience and ability to perform these specialty scopes.

There should be no question that the failure of Perera to list a specialty subcontractor for the hydraulic passenger elevator scope deems their bid non-responsive as they cannot self-perform this work.

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2 | Page
Specification Section 14 24 00 – Hydraulic Passenger Elevators, Page 3, 1.3 Quality Assurance, has experience requirements for both fabrication and installation of the elevator.

Perera’s failure to list significant specialty trade subcontractors for scopes totaling more than 10% of its bid total provided them with a material advantage over other bidders. Perera could, post bid, shop out these scopes and award contracts for site utility, plumbing and elevator specialty trades after the fact.

California law mandates that all bidders must properly complete their bid documents as required by the City’s bid forms, especially where the failure to do so provides the non-complying bidders with a material advantage not enjoyed by the complying bidders. All bidders must be afforded a "level playing field" when submitting bids to a public entity. As demonstrated herein, Perera’s bid is non-responsive because it does not comply with the material requirements of the City’s bid documents, which non-compliance provided Perera with a material advantage over complying bidders. Under these circumstances, the City does not have the “discretion” to waive the errors in the Perera bid; rather, Perera’s bid must be found non- responsive under California law.

AMG therefore respectfully requests that the City find the Perera bid non-responsive, and that the City accept AMG’s bid, the actual lowest responsive and responsible Bidder who stands ready, willing, and able to perform the work set forth in its bid.

This letter also serves as a request under Government Code § 54954 for e-mailed notice of the City’s meetings at which any issue pertaining to the award of this contract is on the agenda. If there is any fee for this service, please provide this information to us so we can immediately inspect these reports and recommendations. Further, we request the right, on behalf of AMG, to address the City before or during consideration of any issue pertaining to the contract award as guaranteed by Government Code § 54954.3(a).

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3 | Page
If you have any questions or required additional information, please reach out to me directly.

Sincerely,
Anthony R. Traverso
Executive Vice President
AMG & Associates, Inc.

Cc: Estimating
File: Bid 3693
Anthony R. Traverso Digitally signed by Anthony R.

Traverso
Date: 2024.06.25 08:52:57 -07'00'

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ATTACHMENT C
July 9, 2024.

Anthony R. Traverso
Executive Vice President
AMG & Associates, Inc.
26535 Summit Circle
Santa Clarita, CA 91350
Subject: Covina Recreation Village Project
West Gymnasium Building Phase I – Project No. P2202
Dear Mr. Traverso,
The City has received your letter of June 25, 2024, protesting the bid of Covina Recreation Village Project West Gymnasium Building Phase I – Project No. P2202. City staff has reviewed your bid protest and finds that the bid protest is without merit for the following reasons:
 Perera’s omission of subcontractors for plumbing and elevator trades at bid opening was a clerical error and bid irregularity;
 Perera cured this irregularity by providing a subcontractor list for plumbing and elevator trades and evidence that subcontractor bids were received prior to the bid opening day/time;
 Perera has not been provided an unfair advantage not afforded to other bidders; and  Perera’s total bid amount has not changed as a result of the irregularity.

Pursuant to the advertised bid documentation for the Project, under “Bidding Process”, page NIB3, “Instruction to Bidders”, Section 12, page IB-6, and “Owner Rights”, Section 26, page IB-9, the City reserves the right to reject any Bid or all Bids and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. Further, these provisions explain that “the Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder and require additional evidence of qualifications to perform the work describes in these bid documents”.

In accordance with these provisions, it has been determined that the bid irregularities found in the bid received from Perera have been cured, that Perera’s total bid amount has not changed and that Perera has not been provided an unfair advantage not afforded to other bidders.

For the above reasons, City staff intends to recommend that the City Council reject the bid protest by AMG & Associates, Inc. and award a contract to the lowest responsive and responsible bidder, Perera Construction. This recommendation will be presented to the City Council at the meeting on July 16, 2024, 7:30 p.m. at City of Covina City Hall, Council of Chambers, located at 125 E College Street, Covina, CA 91723.

If you wish, you may attend the City Council meeting to address the City Council on this matter.

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Sincerely,
Rafael M. Fajardo,
Interim Public Works Director/City Engineer

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ATTACHMENT D

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Page 326 of 687 ends

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ATTACHMENT E

CONTRACT

CITY OF COVINA CONTRACT FOR
COVINA RECREATION VILLAGE PROJECT – PHASE I – WEST
GYMNASIUM BUILDING – PROJECT NO. P2202
THIS CONTRACT (“Contract”) is made and entered this 16th day of July, 2024 (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and Perera Construction & Design, Inc a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 585965; Class B. Contractor’s DIR registration number is 1000018334.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Covina Recreation Village Project – Phase I – West Gymnasium Building – Project No. P2202 (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed Twelve Million One Hundred and Twelve Thousand Nine Hundred and Twenty Six Dollars ($12,112,926) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In

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ATTACHMENT E
accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]

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ATTACHMENT E

CITY OF COVINA
By:

City Manager
ATTEST:

By:

Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

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ATTACHMENT E

EXHIBIT A

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ATTACHMENT E

EXHIBIT B

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

COVINA RECREATION VILLAGE PROJECT – PHASE I – WEST GYNMASIUM BUILDING – PROJECT NO. P2202
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.

Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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ATTACHMENT E
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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ATTACHMENT E

EXHIBIT C

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

COVINA RECREATION VILLAGE PROJECT – PHASE I – WEST GYNMASIUM BUILDING – PROJECT NO. P2202
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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ATTACHMENT E
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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ATTACHMENT F
RESOLUTION CC 2024-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, C A L I F O R N I A , TO AMEND THE FISCAL YEAR 2024-2025 CAPITAL

IMPROVEMENT PROGRAM BUDGET TO REFLECT AN
APPROPRIATION OF $1,129,696 FROM AVAILABLE QUIMBY FEES
FUND BALANCE, $74,420 FROM AVAILABLE ENVIRONMENTAL
FUND BALANCE, $1,673,581 FROM A FEDERAL APPROPRIATION BY

CONGRESSWOMAN GRACE NAPOLITANO TO BE TRANSFERRED
INTO THE PARKS CIP FUND, AND $300,000 FROM THE SAN GABRIEL & LOWER LOS ANGELES RIVERS & MOUNTAINS CONSERVANCY

URBAN LAND GRANT TO BE TRANSFERRED INTO THE PARKS CIP

FUND FOR USE TOWARDS THE CONSTRUCTION OF THE COVINA
RECREATION VILLAGE PROJECT – PHASE I – WEST GYMNASIUM

BUILDING
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Program budget are 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 Capital Improvement Program Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the City of Covina wishes to amend the FY 2024-2025 Capital Improvement Program Budget to reflect an appropriation of $1,129,696 from available Quimby Fees Fund - Fund Balance, $74,420 from available Environmental Fund – Fund Balance, $1,673,581 from a Federal Appropriation from Congresswoman Grace Napolitano to be transferred into the Parks CIP Fund, and $300,000 from the San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy Urban Land Grant to be transferred into the Parks CIP Fund for use towards the construction of the Covina Recreation Village Project – Phase I – West Gymnasium Building.

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

SECTION 1. Amend the Fiscal Year 2024-2025 Operating Budget as follows:

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Resolution CC 2024-67 Page 2 of 3
Account No. Account Description Amount ($) Increase/
Decrease
2604-0000-
43395-
P2202
Quimby Fees-Unassigned-Quimby
Fees Revenue-Covina Recreation
Village Project
$1,129,696 Increase
2604-3400-
55100-
P2202
Quimby Fees-Park FacilitiesBuildings and Structures-Covina Recreation Village Project
$1,129,696 Increase
6200-5580-
55100-
P2202
Environmental-Waste ManagementBuildings and Structures-Covina Recreation Village Project
$74,420 Increase
4600-OM23-
42090-
P2202
Parks CIP-Park FacilitiesOMNIBUS Fed AppropriationsCovina Recreation Village Project$1,673,581 Increase 4600-OM23-
55100-
P2202
Parks CIP-Park Facilities-Buildings
and Structures-Covina Recreation
Village Project
$1,673,581 Increase
4600-3400-
42600-
P2202
Parks CIP-Park Facilities-Other
Grants-Covina Recreation Village
Project
$300,000 Increase
4600-3400-
55200-
P2202
Parks CIP-Park FacilitiesImprovements-Not
Buildings/Structures-Covina
Recreation Village Project
$300,000 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

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Resolution CC 2024-67 Page 3 of 3

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-67 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

Page 339 of 687 ends

Page 340 of 687 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: July 16, 2024
Title: Resolution CC 2024-63 Requesting to Amend the Fiscal Year 2023-2024 Operating Budget to Adjust for Unanticipated Increases in Plan Check Revenue and Expenditures Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2024-63.

BACKGROUND/DISCUSSION:

The Covina Building & Safety Division is currently supported by CIR, Inc., for plan check, building inspection, and onsite supportive staffing services. The Division’s contract team consists of two (2) Building Inspectors/Plans Examiners, one (1) remote Plans Examiner, and one (1) Permit Technician. Under the current Professional Services Agreement, CIR, Inc., collects a fee equal to fifty-five percent (55%) of the City’s plan review fees, fifty percent (50%) of structural-only reviews, and a mutually agreeable fee for partial reviews on a case-by-case basis.

Revenues and expenditures attributable to plan checks are projected annually for entry into the annual operating budget, which is typically guided by past revenue/expenditure patterns and may be adjusted if certain development projects are anticipated to submit projects for plan review and permitting. While this is the case, there are circumstances where a development Applicant may request to submit an “at risk” plan check for their development proposals during the entitlement phase to advance the permitting process, should their development receive entitlement. “At-Risk” plan check submittals allow the City to provide non-refundable services to the Applicant and would ensure efficient permitting times should their entitlements be approved. If development applications are not approved/entitled under an “at risk” plan check, they are not eligible for a refund for plan check services rendered. In May 2024, two such At Risk development projects were submitted for plan check services: 1.) A seventy-five (75) unit residential development located at 747 N Barranca, and 2.) a ninety-seven (97) residential unit and three (3) commercial unit development located at 1000 N Azusa (the former Albertson’s grocery store location).

Of the roughly Seven Hundred and Forty-Six (746) plan review services provided in May by CIR, Inc., Seven Hundred and Twenty (720), or roughly 96% of services rendered, were attributable to the two large scale development “at-risk” projects mentioned above. The unanticipated high volume of plan check reviews brought on by an ‘at risk’ plan check resulted in a need to balance the Community Development – Building Division Operating Budget. Staff is requesting that the City Council adopt Resolution CC 2024-63 to increase certain revenue accounts and expenditure accounts attributable to the brief influx of permitting submittals in May to balance the Building Division Operating Budget for Fiscal Year 2023-2024.

FISCAL IMPACT:

Plan check services rendered in May 2024 totaled $229,563.69 which is primarily the result of two at risk plan check submittals. Under the existing agreement, the City of Covina collects plan check fees from the applicants directly, which are then collected into a general fund revenue account. Of the fees collected by the city, CIR, Inc, collects a 50-55% fee per each plan check service rendered. Revenues for plan check fees and permit fees exceeded the Fiscal Year 2023-2024 projection by $345,992.11 (or 25%), which exceeds that owed to CIR, Inc for services rendered and is also requested to be amended in Resolution CC 2024-63.

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Table 1. Requested Changes in Resolution CC 2024-63
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This action is exempt from the California Environmental Quality Act.

Respectfully submitted,
Account Number Account Title Original Budget Increase Amended Budget 1010-4100-41200 Insp Bld-Perm - revenue $485,000.00 $87,865.60 $572,865.60 1010-4100-41220 Insp Elect-Perm- revenue $245,000.00 $15,956.71 $260,956.71 1010-4100-41240 Insp Plumb-Perm - revenue $131,000.00 $35,568.80 $166,568.80 1010-4100-41260 Insp Mech-Perm - revenue $100,000.00 $18,817.35 $118,817.35 1010-4100-43400 Insp Plan Revie $385,000.00 $212,187.69 $597,187.69 1010-4100-51560 Insp Planning C $130,000.00 $229,563.69 $359,563.69

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ATTACHMENT A
RESOLUTION CC 2024-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-2024 OPERATING BUDGET TO INCREASE $370,396.15 IN REVENUE FOR CERTAIN

BUILDING DIVISION REVENUE ACCOUNTS AND APPROPRIATE
$229,563.69 FROM THE GENERAL FUND FOR PLAN CHECK SERVICES

RENDERED
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2022 and ending on June 30, 2023 was approved on May 17, 2022; and WHEREAS, the approved budget is in accordance with all applicable ordinance of the City and all applicable statues of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, The City Council of the City of Covina wishes to amend the FY 2022-2023 Operating Budget to reflect an increase in $370,396.15 in certain Building Division Revenue Accounts, and an $229,563.69 increase in in certain Building Division Expenditure accounts from the General Fund to account for unanticipated large-scale development project submittals in May of 2024.

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

SECTION 1. Amend the fiscal year 2023-2024 Operating Budget as follows:

Account Number Account Title Original Budget Increase Amended Budget 1010-4100-41200 Insp Bld-Perm - revenue $485,000.00 $87,865.60 $572,865.60 1010-4100-41220 Insp Elect-Perm- revenue $245,000.00 $15,956.71 $260,956.71 1010-4100-41240 Insp Plumb-Perm - revenue $131,000.00 $35,568.80 $166,568.80 1010-4100-41260 Insp Mech-Perm - revenue $100,000.00 $18,817.35 $118,817.35 1010-4100-43400 Insp Plan Revie $385,000.00 $212,187.69 $597,187.69 1010-4100-51560 Insp Planning C $130,000.00 $229,563.69 $359,563.69

Page 343 of 687 ends

Resolution CC 2024-63 Page 2 of 2
SECTION 2. The City Clerk shall certify to the adoption of this resolution.

APPROVED and PASSED this 16th day of July, 2024
City of Covina, California
BY:

JOHN C. KING, 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 2024-63 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Page 344 of 687 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: July 16, 2024
Title: Approval of Contract for Dell Storage Refresh and Networking with Side Path Presented by: Angel Carrillo, Deputy City Manager
Dr. Shawn Granger, IT Manager
Recommendation: Approve an agreement with Side Path, allowing the City to execute a contract not to exceed $195,175.68 for Dell storage refresh and networking services.

EXECUTIVE SUMMARY:

The City of Covina's current storage and networking infrastructure requires an upgrade to maintain efficiency and security. Side Path has submitted a proposal to provide new PowerStore 500T storage appliances and Dell EMC S5212F-ON switches, along with associated installation and support services, which will enhance the City's data handling and network performance.

DISCUSSION:

It is recommended that the City Council consider authorizing the City Manager to execute a purchase agreement to approve the proposal to replace the City's two Dell Storage SANS. The current storage system is end-of-life and repeatedly needing repairs. Due to the SANS age, the manufacturer will no longer offer warranty or service coverage. This proposal replaces the SANS storage at both City Hall and the Police Department.

Side Path and Dell engineers have proposed the following components for the storage refresh and networking project: Two PowerStore 500T Storage Appliances. This proposal will expand City storage capabilities, safeguard current City data, and add a much needed redundancies in event of any future failure. This replaces the current SANS storage with newer storage systems that will replaced end-of-life storage that holds critical City data as well as add much needed redundancy due to its larger capacity.

The expenditure is necessary to upgrade the City's storage and networking infrastructure to meet current and future demands. The two PowerStore 500T storage Appliances are quoted through competitively bid master agreements NASPO# 23026 | State Addendum #7-23-70-55-01. The terms of the agreement make the negotiated pricing available to public agencies. In accordance with the City’s Purchasing Policy under CMC Sections

2.20.200 (Joint Bidding with other governmental entities) and 2.20.210 (Joint purchasing agreement with other governmental entities), the City Council may use a competitive bid conducted by another public agency to purchase goods and services.

FISCAL IMPACT:

Funding for Powerstore acquisition and implementation is available from the existing fund balance in the Information Technology Fund 7200. Subject to City Council approval, a budget adjustment will be executed appropriating the contract amount of $195,175.68 from the available IT fund balance. The total cost of $195,175.68 includes the cost of the equipment, installation services, and applicable taxes.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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Respectfully submitted,

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Quotation
22892 Mill Creek Drive Date: 06/19/24
Laguna Hills, CA 92653 Quotation #: SIDQ49374
Phone (949)748-8700; Fax (949)748-8706
www.sidepath.com
Valid Until: 07/16/24
Prepared By: Kristen Norem
Project ID: SIDPROJECT46279
Bill To: Ship To:

City of Covina City of Covina
Attn: Sean Granger Attn: Sean Granger
125 E College St
Covina, CA 91723
125 E College St
Covina, CA 91723
Phone: +1 626-384-5400 Phone: +1 626-384-5400
Email: [email protected] Email: [email protected] Qty Item Code Description Unit Price Ext. Price
NASPO# 23026 | State Addendum #7-23-70-55-01
Promotional Pricing - Quote Expires July 16, 2024
PowerStore 500T
2 210-AXXJ PowerStore 500T Customer Rack $63,110.00 $126,220.00 370-AFXQ 192GB Appliance DIMM 96GB Per Node
800-BBQV Informational Purposes Only
528-BTZK PowerStore Base SW
406-BBOO 25GBE OPTICAL 4 PORT CARD PAIR
450-AKHM Dual 1450W (200-240V) HIGH Line Only Power Supply 343-BBMR BASE UNIT CONFIG KIT
379-BDPD ISG Product (info)
876-3336 Dell Hardware Limited Warranty
876-3702 Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years
876-3705 Prosupport Plus Mission Critical 7x24 Technical Support and Assistance 3 Years
951-2015 Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell
800-BBQV Informational Purposes Only
825-8623 Certified Deployment Partner T1 or Distributors 400-BGGI (15) P1 25X2.5 NVME SED SSD 1.92TB
565-BBJR 25GBE TWINAX 4 PORT IO MODULE PAIR
470-ADTU (2) 1M PASSIVE 25G TWINAX CABLE QTY 2
828-4827 (15) ProSupport Plus: Mission Critical 4-Hour 7x24 On-Site Low Capacity SSD Add-On, 3 Years
210-ATXO AppSync for PowerStore
825-8623 Certified Deployment Partner T1 or Distributors 828-5776 ProSupport Plus Mission Critical for AppSync Starter Pack Software Support Contract 3 Years
If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]
This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Storage Refresh - PS500T and Networking Page 1 of 3

ATTACHMENT A

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Qty Item Code Description Unit Price Ext. Price
528-BYHF AppSync Str Pk for PowerStore=CB
828-5732 ProSupport Plus Mission Critical for AppSync Starter Pack Software Support Maintenance 3 Years
SubTotal $126,220.00
S5212F Switches
4 210-APHZ Dell EMC S5212F-ON Switch, 12x 25GbE SFP28, 3x 100GbE $6,500.83 $26,003.32 QSFP28 ports, PSU to IO air, 2x PSU
343-BBRX VLT Tech Sheet Document
343-BBLP Dell EMC S52XX-ON Series User Guide
634-BRXD OS10 Enterprise, S5212F-ON
818-3530 Dell Hardware Limited Warranty 1 Year
818-3572 ProSupport Plus:Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch,1 Year
818-3575 ProSupport Plus Mission Critical:7x24 HW/SW Technical Support and Assistance, 3 Years
818-3576 ProSupport Plus:Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Years Extended
951-2015 Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell
975-3461 Dell Limited Hardware Warranty Extended Year(s) 997-6306 Info 3rd Party Software Warranty provided by Vendor 900-9997 On-Site Installation Declined
848-8547 3 Years ProSupport Plus OS10 Enterprise Software Support-Maintenance
407-BBWQ Dell Networking, Transceiver, 100GbE QSFP28 SR4, No FEC Capable, MPO, MMF
470-ABOU Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive Copper Direct Attach Cable, 0.5 Meter
450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US 2 770-BDGR Dell NW Dual Tray, 4-post, S5212F-ON $158.49 $316.98 SubTotal $26,320.30
Professional Services and Installation
2 SID-PS-PWRST-IMP-BAS Sidepath implementation service provides a base-level $9,000.00 $18,000.00 installation of one (1) new Powerstore storage appliance. This service includes integration with supported existing storage network switches and up to three (3) supported existing servers, along with the various features.
2 SID-PS-NW-SW-L3 Sidepath implementation service provides a base-level Layer 3 $4,500.00 $9,000.00 basic switch deployment. Service includes physical installation and base-level configuration for up two (2) supported Dell Networking IP switches.

SubTotal $27,000.00
Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote.

CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Product Total $179,540.30 If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]
This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Page 348 of 687 Storage Refresh - PS500T and Networking Page 2 of 3 Taxes $15,635.38
Shipping $0.00
Grand Total $195,175.68
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer's responsibility to report the tax as Sales & Use Tax.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]
This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Page 349 of 687 Storage Refresh - PS500T and Networking Page 3 of 3

Page 350 of 687 ends

ATTACHMENT B
RESOLUTION CC 2024-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO APPROPRIATE $195,175.68 OF THE 2024-2025

BUDGET FOR INFORMATION TECHNOLOGY STORAGE AND

SECURITY ENHANCEMENTS
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2024 and ending June 30, 2025 was approved on June 4, 2024; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, the reallocation of the appropriations between departmental activities may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council; and
WHEREAS, the City’s current storage and networking infrastructure requires an upgrade to reduce risk, maintain efficiency and security; and
WHEREAS, the City desires to improve data handling, security and network performance by purchasing hardware upgrade.

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

SECTION 1. Amend the Fiscal Year 2024-2025 City of Covina Operating Budget as follows: appropriate $195,175.68 from the Information Technology Fund balance to Account No. 7200-6200-55700 for server storage, enhanced security, and implementation SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor

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Resolution CC 2024-68 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 2024-68 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Page 352 of 687 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 19
Meeting: July 16, 2024
Title: Request to Cancel the Regular City Council Meeting of August 6, 2024 Presented by: Chris Marcarello, City Manager
Recommendation: That the City Council consider cancelling the regular scheduled City Council Meeting of August 6, 2024.

DISCUSSION:

The City Council has legal authority to establish meeting dates and times and to cancel or reschedule such meetings with proper and timely public notice. Due to an anticipated lack of quorum, it is recommended that the City Council consider cancelling the meeting of August 6, 2024, and direct the City Clerk’s Office to post the required notice of cancellation.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: July 16, 2024
Title: Approval of Contract for Increased Bandwidth at City Public Works and Parks and Recreation Between the City of Covina and Frontier
Presented by: Angel Carrillo, Deputy City Manager
Dr. Shawn Granger, IT Manager
Recommendation: Approve an agreement with Frontier, allowing the City to execute a contract for $3,480.00 monthly.

EXECUTIVE SUMMARY:

The City of Covina currently utilizes networking services at several key locations, including City Hall, Public Works, and Parks and Recreation. The existing services are critical for maintaining daily operations and ensuring robust connectivity for City staff. However, with the growth in demand and the addition of a new location at 640 N Citrus Ave, there is a need to upgrade and expand our network services.

Frontier Communications has proposed a new service plan that will provide enhanced connectivity and support at the existing locations, as well as the new location. This upgrade is essential to maintain operational efficiency and meet the increased networking demands.

DISCUSSION:

These City sites currently use a 50 MB SD-WAN circuit, the proposal will be to replace the current circuit with a multi-speed circuit based on each site’s need. This proposal includes services at the following locations:
 125 E College St, Covina, CA 91723 (City Hall)
o Current: $697.14 monthly / 50 MB
o Proposed: $1,120 monthly / 2000 MB
 534 N Barranca Ave, Covina, CA 91723 (Public Works)
o Current: $697.14 monthly / 50 MB
o Proposed: $1060 monthly / 1000 MB
 1250 N Hollenbeck Ave, Covina, CA 91722 (Parks and Recreation) o Current: $697.14 monthly / 50 MB
o Proposed: $650 monthly / 100 MB
 640 N Citrus Ave, Covina, CA 91722 (New Location: Covina Recreation Village) o Current: No Current Service / New Site
o Proposed: $650 monthly / 100 MB
The proposal from Frontier Communications includes all necessary services for the current and new locations at a monthly recurring cost (MRC) of $3,480.00. The life of the contract is 60-months. The services provided by Frontier will ensure seamless connectivity and support for the City’s networking needs.

FISCAL IMPACT:

Funding for these Frontier circuits is paid for from City Hall and Public Works Fund 7020 and Parks and Recreation Fund 1010. This proposal has a monthly recurring cost of $3,480.00 which is an increase of $1,388.58

Page 355 of 687 ends

from the existing cost. The contract is for 60-months and a total of $208,800.00 over the life of the contract. This investment is necessary to enhance the networking capabilities of the City and support the new location.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

Respectfully submitted,

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Soho
Total
$650.00 1250 N Hollenbeck Ave Covina,
Ca 91722 (Parks and Rec.) Z Loc; Spoke 100M 1 60 $0.00
1 60 $0.00 $1,060.00
©2023 Frontier Communications Corporation.
125 E College St Prepared By: Andy Gallegos
Covina, Ca 91723 Phone: 562.357.2468
Email: [email protected]
125 E College St Covina Ca
91723 (City Hall) A Loc; HUB 2G 1 60 $0.00 $1,120.00
Thank you for the opportunity to quote this business!
Frontier is pleased to present this proposal. The service set forth in this proposal will be provided by Frontier Communications Corporation. Frontier does not consider the proposal itself to be a legally binding offer to contract. Final installed price may vary based on site survey and other factors. This quote is valid for the next 60 Days. Taxes and surcharges are not included.

This proposal is confidential and contains proprietary information. The contents contained herein are not to be shared with parties other than the customer and employees named in this document. This document is confidential and the property of Frontier Communications Corporation.

Service Address Solution Term NRC MRC
$3,480.00
534 N Barranca Ave Covina, Ca
91723 (Public Works) Z Loc; Spoke 1G
Product and Service Quote
Customer: City of Covina Date: 6/4/2024
Bill to:

Qty
640 N Citrus Ave Covina, Ca
91723 (New Location) Z Loc; Spoke 100M 1 60 $0.00 $650.00

ATTACHMENT A

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 20
Meeting: July 16, 2024
Title: Purchase of Police Equipment
Presented by: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2024-66 Amending the FY 2024-25 Operating Budget to Reflect an Appropriation of $200,000 from Measure CC Fund Balance to be transferred into the general funds for Police Communications Safety Equipment;

2. Approve the purchase of a twenty-four (24) mobile radios and Stancil 911 recording system; and

3. Approve the waiving of competitive bid/purchasing requirements under Municipal Code 2.20.080.

EXECUTIVE SUMMARY:

The current Stancil recording system is well beyond its end of life and is inoperable. The replacement cost is $27,500. This ability to preserve recordings of critical communications is an important element to providing solid public safety services to the community.

Another critical layer of communication in public safety is the police radio system and its handheld and mobile devices. The Covina Police Department maintains a fleet of twenty-three (23) patrol vehicles, two (2) supervisor vehicles, two (2) tactical vehicles, two (2) community service vehicles, and two (2) volunteer vehicles. The CPD command post vehicle requires two (2) police radios. Additional support vehicles are equipped with police radios, bringing the total to 36 mobile radios. CPD currently has 12 twelve APX 8500 mobile radios. Twenty-four (24) additional mobile radios are needed for our fleet to meet the legislative mandate by the deadline of December 2024. The replacement costs is $172,500.

Legislative mandates require police radio to have the capabilities of encryption, to ensure the confidentiality of personal information (name, dates of birth, driver’s license information and residence information) that is oftentimes shared during routine radio transmissions.

DISCUSSION:

These equipment purchases are critical for Covina Police Department operations. Electronic communication from the public to the Covina Police Department, and also between public safety dispatchers and field personnel via radios is essential in the delivery of quality public safety services. The flow of information via various communication formats gives us information when the public is in need of assistance, and helps our CPD personnel to respond to those calls and keep everyone involved safe.

All communication on department phone lines require the ability to record the calls. Recordings must be made available to a variety of legal based requests such as investigative follow up, evidentiary purposes, as a matter of public records, administrative investigations, etc. Legal statutes require the radio transmissions of identifiable public information to be protected, so that individuals will not become exposed and victimized because their personal identifiers were broadcast via police radio. To comply with such statutes, police radios must have encryption capabilities. Software/hardware systems record our telephone conversations thus making the purchase of the new Stancil system critical as the current system has reached the end of its service life two years ago.

Page 359 of 687 ends

Based on our 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 B1 & B2 apply in this situation. The current mobile radios used by the Covina Police Department are Motorola APX 8500 which is the standard for Covina and surrounding agencies and are only available from Motorola. For the sake of interoperability, only these Motorola models can be viable. Likewise, the Stancil recording system would be the logical purchase as our current system uses the same brand and would be compatible.

FISCAL IMPACT:

Funding is available in Measure CC Fund Balance in the amount of $200,000 and will be transferred to the FY 2024-25 Police Department Budget as an appropriation.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-2025 OPERATING BUDGET TO REFLECT AN APPROPRIATION OF $200,000 FROM

MEASURE CC FUND BALANCE TO BE TRANSFERRED INTO THE

GENERAL FUND FOR THE POLICE COMMUNICATIONS SAFETY

EQUIPMENT UPGRADE
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Program budget are 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 Capital Improvement Program Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the City of Covina wishes to amend the FY 2024-2025 Operating Budget to reflect an appropriation of $200,000 from Measure CC Fund Balance to be transferred into the General Fund for the Police Communications Safety Equipment Upgrade.

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

SECTION 1. Amend the Fiscal Year 2024-2025 Operating Budget as follows:

Account No. Account Description Amount
($)
Increase/Decrease
1095-0000-
59110
ER Reserve-Trans-GF $200,000 Increase
1010-0000-
49110
GF-General-Transfer-From
G/F
$200,000 Increase
1010-1130-
55900
GF-Patrol-Other Equipment $200,000 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Page 361 of 687 ends

Resolution CC 2024-66 Page 2 of 2
APPROVED AND PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, 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 2024-66 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ
Chief Deputy City Clerk

Page 362 of 687 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 21
Meeting: July 16, 2024
Title: Authorizing the Destruction of Certain City Records Presented by: Fabian Velez, Chief Deputy City Clerk
Desiree Jimenez, Deputy City Clerk
Recommendation: Adopt Resolution CC 2024-60 authorizing the destruction of certain City records.

EXECUTIVE SUMMARY:

Since July 2017, the City has obtained an annual subscription service from Gladwell Governmental Services, Inc. an expert in local government records, to review and update the City's Records Retention Schedule and destruction procedures. The annual subscription includes an annual update, legal review of all changes for the year, additional changes requested by City employees, rewriting of the index to retention schedules to reflect the changes made, and unlimited e-mail and telephone assistance throughout the year. Once a retention schedule has been approved by the City Council, Government Code Section 34090 authorizes the destruction of obsolete records by the Department Head, with approval of the City Council by resolution and written consent of the City Attorney.

DISCUSSION:

Gladwell Governmental Services, Inc. has conducted a review of the retention schedule and has provided the annual update of the retention schedule and this schedule was approved by the City Council at the April 2, 2024 City Council Regular Meeting. The update allows the City to comply with recent changes in law and provide a more efficient system for the management of permanent and disposable documents. The records retention periods are in compliance with current laws and are standard business practice for California cities. The update includes all City departments except the Police Department, which manages its own records separately.

It is standard business practice for California cities to authorize the routine destruction of records that have exceeded their adopted retention period, upon the request of the Department Head and with consent in writing of the City Clerk or Chief Deputy City Clerk, City Manager, City Attorney, and City Council.

The Departments of Administrative Services (Finance and Human Resources), Community Development (Code Enforcement and Special Projects), Parks & Recreation/Library Services, and City Clerk/Records Management have completed a review of files to determine which records have met their retention and are eligible for destruction per the City’s Record Retention Schedule. Records to be destroyed with the consent of the City Attorney are detailed in Exhibit A to Resolution CC 2024-60. Therefore, staff recommends that the City Council adopt Resolution CC 2024-60 authorizing the destruction of obsolete records.

FISCAL IMPACT:

A nominal fee is associated with the destruction of obsolete records, which is based on the number of boxes destroyed. Funding for document destruction has been authorized and budgeted within Fiscal Year 2024-2025 under accounts 1010-0500-53990 (Administrative Services), 1010-300-53990/1010-3900-53990 (Parks & Recreation/Library Services), and 1010-0700-53990 (Records Management).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Page 363 of 687 ends

Respectfully submitted,

Page 364 of 687 ends

ATTACHMENT A
RESOLUTION CC 2024-60

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

CALIFORNIA, AUTHORIZING THE DESTRUCTION OF OBSOLETE

RECORDS IN THE ADMINISTRATIVE SERVICES (FINANCE AND

HUMAN RESOURCES), COMMUNITY DEVELOPMENT (CODE

ENFORCEMENT AND SPECIAL PROJECTS), PARKS AND

RECREATION/LIBRARY SERVICES DIVISION, AND RECORDS

MANAGEMENT DEPARTMENTS
WHEREAS, Section 34090 of the Government Code of the State of California authorizes the destruction of certain records and documents by a Department Head, with the approval of the legislative body by resolution and the written consent of the City Attorney; and WHEREAS, the Department Heads of the Administrative Services (Finance and Human Resources), Community Development (Code Enforcement and Special Projects), Parks and Recreation/Library Services Division, and Records Management Departments have recommended that certain obsolete records identified on Exhibit A are no longer required or necessary; and WHEREAS, the City Attorney has given written consent for the destruction of the records herein set forth as Exhibit A.

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

SECTION 1. The City Council hereby finds and determines that the records identified on Exhibit A are no longer needed or required to be kept by statute or law.

SECTION 2. The City Council hereby authorizes and directs the destruction of the records described on Exhibit A in accordance with the terms and conditions of Section 34090 of the Government Code.

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

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

Page 365 of 687 ends

Resolution CC 2024-60 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-60 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

Page 366 of 687 ends

Department: City Clerk Prepared By: Pauline Rubio, P.R.

Page 1 of 2 ends

CITY OF COVINA

RECORDS DESTRUCTION AUTHORIZATION FORM
By my initials above, I hereby certify that the records prepared for destruction (as listed below) are more than two years old and have been retained for the minimum retention period as specified in the City of Covina Records Retention Schedule adopted by the City Council. I have confirmed the accuracy of the description of each record sufficient for identification, the retention schedule page number, retention number, record contents, record dates, retention requirements and destruction date.

Box
#
Description of Records
to be Destroyed Date From Date To
Code
Citation
(e.g., GC § 34090)
Retention
Period
Page No.,
Retention
No.
1 Bid Files: Unsuccessful Proposals /
Rejected Bids or Proposals (All)
01/2009
And
08/2021
02/2009
And
05/2022
GC §34090 2 Years CC‐3,
CC‐006
1 Affidavits of Publications/ Public Hearing
Notices/ Legal Advertising / Affidavits of
Posting/Posting Logs
08/2021
And
12/2018
05/2022
And
05/2022
GC §§34090,
54960.1(c)(1
2 Years CW‐1,
CW‐004
1 Time Cards / Time Sheets 05/2015 12/2018 IRS Reg
§31.6001-
1(e)(2),
R&T §19530;
LC § 1174(d);
29 CFR 516.5;
GC §34090
5 Years CW‐14,
CW‐059
1 Subpoenas 01/2020 05/2022 GC §34090 2 Years CC‐10, CC‐054
1 Agreements and Contracts – All Non‐
Infrastructure, Professional Services
Agreements
03/1997 12/2013 CCP §337
et. seq., GC
§34090
10 Year
Completion
CC‐2,
CC‐003
1 Accounts Payable, Invoices, Petty Cash,
Travel Reimbursement, Warrant Request,
Etc.
11/2018
And
08/2021
08/2020
And
05/2022
GC
§34090.7 Copies‐
When No
Longer
Required
CW‐1,
CW‐003
1 Notices: Public Hearing Notices and
Proofs of Publications
08/2021 05/2022 CCP§337 et
seq; GC
§34090
2 Years CW‐10,
CW‐039
1 Elections – General, Working or
Administration Files (Correspondence,
Application to fill a Vacancy on the City
Council, etc.)
10/2018 11/2018 GC §34090 2 Years CC‐7,
CC‐030
1 Ethics Training Certificates, City Council,
Board and Commission Members
11/2015
and 2018
2018 and
01/2019 to
05/2019
GC
§53235.2(b)
5 Years CC‐9,
CC‐046
1 Economic Interest Filings (FPPC 700
Series Forms‐ Statement of Economic
Interests): ALL
12/2016 12/2016 GC
§81009(d)(e)(f)
&(g)
7 Years CC‐5,
CC‐015
1 Campaign Filings (FPPC 400 Series Forms
& Form 501): UNSUCCESSFUL
CANDIDATES Includes Unsuccessful
Candidates Without Committees that
Don't File Electronically
08/2018 05/2019 GC
§81009(b)&(g);
GC §84615
5 Years CC‐6,
CC‐025

Page 367 of 687 ends

Department: City Clerk Prepared By: Pauline Rubio, P.R.

Page 2 of 2 ends

Destruction Authorization: I hereby authorize the destruction of records listed above.

Department Head Signature: City Attorney Signature:

Date: Date:

Certification: I hereby certify that the records listed above were destroyed in accordance with the City’s records related policies and procedures.

Resolution: Destruction Date: Method of Destruction:

Chief Deputy City Clerk Signature and Date:

1 Campaign Filings FPPC 400 Series Forms):

THOSE NOT REQUIRED TO FILE ORIGINAL
WITH CITY CLERK (copies)
07/2000 11/2000 GC
§81009(f)&(g)
4 Years CC‐6,
CC‐026

Page 368 of 687 ends

Page 369 of 687 ends

Page 370 of 687 ends

Department: Admin Services/Finance Prepared By: Dalia Allie

Page 1 of 3 ends

CITY OF COVINA

RECORDS DESTRUCTION AUTHORIZATION FORM
By my initials above, I hereby certify that the records prepared for destruction (as listed below) are more than two years old and have been retained for the minimum retention period as specified in the City of Covina Records Retention Schedule adopted by Resolution CC 17-128. I have confirmed the accuracy of the description of each record sufficient for identification, the retention schedule page number, retention number, record contents, record dates, retention requirements and destruction date.

Box
#
Description of Records
to be Destroyed Date From Date To Code Citation ;(e.g., GC § 34090) Retention
Period
Page No.,
Retention
No.
1 Bank Reconciliation 07/01/2008 05/31/2009 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
2 Cash Receipts 08/01/2018 08/20/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
3 Audit Work Papers 07/01/2014 05/31/2015 GC 34090 3 FIN‐1, FIN‐ 003
4 Cash Receipts 07/02/2018 07/31/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
5 Cash Receipts 12/11/2018 01/07/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
6 Accounts Payable Invoices 07/01/2018 06/01/2019 GC 34090 5 FIN‐1, FIN‐ 002
7 Cash Receipts 02/01/2017 02/22/2017 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
8 Cash Receipts 08/21/2018 09/05/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
9 Cash Receipts 12/01/2018 12/31/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
10 Cash Receipts 03/14/2017 04/03/2017 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
11 Cash Receipts 09/16/2018 09/27/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
12 Cash Receipts 10/29/2018 11/14/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
13 Bank Statements 01/01/2016 12/31/2018 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
14 Bank Statements 01/01/2019 06/01/2019 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
15 Bank Statements 01/01/2014 12/31/2015 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
16 Low Income Applications 01/01/2018 12/31/2019 GC 34090; H&S 116910
2 FIN‐7, FIN‐
033.4
17 Cash Receipts 01/18/2019 01/28/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
18 Cash Receipts 01/29/2019 01/01/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
19 Cash Receipts 10/01/2018 10/22/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
20 Accounts Payable Invoices 07/01/2017 05/31/2018 GC 34090 5 FIN‐1, FIN‐ 002

Page 371 of 687 ends

Department: Admin Services/Finance Prepared By: Dalia Allie

Page 2 of 3 ends

21 Cash Receipts 05/01/2019 05/20/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
22 Cash Receipts 03/19/2019 04/08/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
23 Accounts Payable Invoices 11/01/2017 11/30/2017 GC 34090 5 FIN‐1, FIN‐ 002
24 Accounts Payable Invoices 07/01/2017 05/31/2018 GC 34090 5 FIN‐1, FIN‐ 002
25 Cash Receipts 04/04/2017 04/24/2017 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
26 Cash Receipts 04/09/2019 04/30/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
27 Cash Receipts 05/21/2019 06/01/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
28 Cash Receipts 07/19/2018 07/31/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
29 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
30 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
31 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
32 Bankruptcies Claims Filed 07/01/2013 05/31/2014 GC 34090 10 FIN‐5, FIN‐ 024
33 Accounts Payable Invoices 04/01/2019 06/01/2019 GC 34090 5 FIN‐1, FIN‐ 002
34 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
35 Cash Receipts 06/06/2019 06/01/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
36 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
37 Cash Receipts 02/23/2017 03/15/2017 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
38 Bank Reconciliations 07/01/2015 05/31/2016 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
39 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
40 Accounts Payable Invoices 07/01/2018 05/31/2019 GC 34090 5 FIN‐1, FIN‐ 002
41 Journal Entries 07/01/2016 05/31/2017 GC 34090, 26 CFR 31.6001‐1
5 FIN‐4, FIN‐
017
42 Bank Reconciliations 07/01/2015 05/31/2017 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
43 Accounts Payable Invoices 07/01/2018 12/31/2018 GC 34090 5 FIN‐1, FIN‐ 002
44 Cash Receipts 11/15/2018 12/10/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027

Page 372 of 687 ends

Department: Admin Services/Finance Prepared By: Dalia Allie

Page 3 of 3 ends

Destruction Authorization: I hereby authorize the destruction of records listed above.

Department Head Signature: City Attorney Signature:

Date: Date:

Certification: I hereby certify that the records listed above were destroyed in accordance with the City’s records related policies and procedures.

Resolution: Destruction Date: Method of Destruction:

Chief Deputy City Clerk Signature and Date:
45 Journal Entries 01/01/2016 12/31/2018 GC 34090, 26 CFR 31.6001‐1
5 FIN‐4, FIN‐
017
46 Accounts Payable Invoices 07/01/2014 05/31/2015 GC 34090 5 FIN‐1, FIN‐ 002
47 Cash Receipts 01/25/2018 02/15/2018 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
48 State Controllers Report 08/01/2009 09/30/2014 GC 34090 5 FIN‐5, FIN‐ 019
49 Cash Receipts 02/21/2019 03/18/2019 GC 34090 et
seq.
5 FIN‐6, FIN‐
027
50 Unsuccessful Bids – Audit
Services
01/01/2002 12/31/2003 CCP §§337.
337.1(a), 337.15,
343; GC §34090
10 CC‐3, CC‐08
51 Business License Renewals 01/01/2015 12/31/2015 GC 34090 et seq.
5 FIN‐6, FIN‐
025
52 Business License Renewals 01/01/2015 12/31/2015 GC 34090 et seq.
5 FIN‐6, FIN‐
025
53 Journal Entries 01/01/1991 12/31/1992 GC 34090, 26 CFR 31.6001‐1
5 FIN‐4, FIN‐
017
54 Investment Reports 01/01/2014 06/01/2019 GC 34090 5 FIN‐4, FIN‐ 015
55 Investment Reports 06/01/1980 06/01/1997 GC 34090 5 FIN‐4, FIN‐ 015
56 Check Registers 01/01/1990 12/31/1990 GC 34090 WHEN NO LONGER

REQUIRED
FIN‐5, FIN‐
018
57 Bankruptcies Claims Filed 01/01/2011 12/31/2011 GC 34090 10 FIN‐5, FIN‐ 024
58 Bank Statements 01/01/2003 12/31/2007 GC 34090, 26 CFR 31.6001‐1
5 FIN‐2, FIN‐
005
59 Journal Entries 01/01/2016 12/31/2016 GC 34090, 26 CFR 31.6001‐1
5 FIN‐4, FIN‐
017
60 Annual Valuation Reports 01/01/2011 12/31/2015 GC 34090 5 FIN‐8, FIN‐ 035

Page 373 of 687 ends

Department: Community Development – Special
Projects Division
Prepared By: Alice Leung

Page 1 of 2 ends

CITY OF COVINA

Box
#
Description of Records
to be Destroyed Date From Date To
Code
Citation
(e.g., GC § 34090)
Retention
Period
Page No.,
Retention
No.
1 Annual Affordability Monitoring – Cienega
Gardens box 1 1/2016 12/2016 § 34090 5 years HOU‐1, HOU‐001
2 Annual Affordability Monitoring – Cienega
Gardens box 2 1/2016 12/2016 § 34090 5 years HOU‐1, HOU‐001
3 Economic Development Projects –
microenterprise
2/2016 6/2016 § 34090 5 years
min.

HOU‐1,
HOU‐005
4 Annual Affordability Monitoring – Cienega
Gardens box 3 1/2016 12/2016 § 34090 5 years HOU‐1, HOU‐001
5 Annual Affordability Monitoring – Cienega
Gardens box 4 1/2016 12/2016 § 34090 5 years HOU‐1, HOU‐001
6 Annual Affordability Monitoring – Covina
Gardens box 5 1/2016 12/2016 § 34090 5 years HOU‐1, HOU‐001
7 Cash Receipts Detail / Backup
/ Accounts Receivable Detail /
Refund Detail – copies of CRA notes
receivable
6/2/83 7/9/97 § 34090.7 WNLR CW‐4,
CW‐16
8 Annual Affordability Monitoring – Village Green 7/2015 6/2016 § 34090 5 years HOU‐1, HOU‐001
9 Annual Affordability Monitoring – Covina
Gardens 1/2015 12/2015 § 34090 5 years HOU‐1,
HOU‐001
10 Economic Development Projects 10/2013 12/2015 § 34090 5 years min.

HOU‐1,
HOU‐005
11 Annual Affordability Monitoring – Village Green 7/2016 6/2017 § 34090 5 years HOU‐1, HOU‐001
12 Economic Development Projects 4/2008 8/2010 § 34090 5 years min.

HOU‐1,
HOU‐005
13 Economic Development Projects 8/2011 12/2013 § 34090 5 years min.

HOU‐1,
HOU‐005
14 Annual Affordability Monitoring – Cienega
Gardens 7/2016 7/2017 § 34090 5 years HOU‐1,
HOU‐001
15 Annual Affordability Monitoring – Village Green 7/2017 7/2018 § 34090 5 years HOU‐1, HOU‐001
16 Annual Affordability Monitoring - Cienega
Gardens box 1 6/2017 6/2018 § 34090 5 years HOU‐1,
HOU‐001
17 Annual Affordability Monitoring – Cienega
Gardens box 2 6/2017 6/2018 § 34090 5 years HOU‐1,
HOU‐001
18 Annual Affordability Monitoring – Cienega
Gardens box 3 6/2017 6/2018 § 34090 5 years HOU‐1,
HOU‐001
19 Annual Affordability Monitoring – Covina
Gardens & Las Palmas 6/2017 6/2018 § 34090 5 years HOU‐1, HOU‐001

Page 374 of 687 ends

Department: Community Development – Special
Projects Division
Prepared By: Alice Leung

Page 2 of 2 ends

Destruction Authorization: I hereby authorize the destruction of records listed above.

Department Head Signature: City Attorney Signature:

Date: Date:

Certification: I hereby certify that the records listed above were destroyed in accordance with the City’s records related policies and procedures.

Resolution: Destruction Date: Method of Destruction:

Chief Deputy City Clerk Signature and Date:

20 Annual Affordability Monitoring - Cienega
Gardens 7/2015 7/2016 § 34090 5 years HOU‐1,
HOU‐001
21 Annual Affordability Monitoring – Village Green 6/2014 6/2015 § 34090 5 years HOU‐1, HOU‐001

Page 375 of 687 ends

Department: Human Resources Prepared By: Racha Zeitoun

Page 1 of 2 ends

CITY OF COVINA

Box # Description of Records
to be Destroyed Date From Date To Code Citation (e.g., GC § 34090) Retention Period Page No.,
Retentio
n No.

Electr
onic
Accounts Receivable -
Damage to Public
Property
1/1/2013 12/31/2018 Meets auditing standards; GC
§34090 et seq. 5 years HR-7,
RM-001
30 Recruitment – DQ Files 8/26/2018 11/14/2019
29 CFR 1627.3(b)(1), 29 CFR
1602.14 et seq.2 CCR
11013(c); GC §§12946,
12960, 34090
Expiration of
Eligibility List
+ 4 years
HR-6,
HR-018
602
Actuarial Reports: SelfInsured and Workers
Compensation
6/1/1991 7/19/2013
Department preference
(provides a decade of data);
GC §34090 et seq.
10 years HR-1,
HR-000
726 Personnel Files –
Employee Files 9/3/2017 12/28/2017
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
727 Personnel Files –
Employee Files 7/31/1986 7/24/2016
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
728 Personnel Files –
Employee Files 6/8/1988 8/20/2016
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
729 Personnel Files –
Employee Files 1/30/1990 6/1/2003
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
730 Personnel Files –
Employee Files 12/29/1991 2/12/2015
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
731 Personnel Files –
Employee Files 6/9/1981 9/6/2016
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
732 Personnel Files –
Employee Files 3/20/1973 6/30/2017
29 CFR 1602.31 &
1627.3(b)(1), GC §§ 3105,
12946, 12960, 34090;
53235.2(b); 53237.2(b) LC
1198.5
Separation +
6 years
HR-5,
HR-015
517 Workers Compensation
Claims 1/1/1990 2/28/1994
8 CCR §3204(d)(1) et seq., 29
CFR 1910.1020(d)(1)(i), GC
§§12946, 12960, 34090; 8
CCR 5144, 8 CCR 15400.2
Separation + 30
years or termination
of Benefits + 5 years
whichever is longer
HR-8;
RM-007
517 Accident, Incident,
Injury reports: 1/1/1992 12/31/1994 GC §34090.7 Copies - When No Longer Required CW-1,
CW-001
518 Workers Compensation
Claims 4/2/1990 4/18/1994
8 CCR §3204(d)(1) et seq., 29
CFR 1910.1020(d)(1)(i), GC
§§12946, 12960, 34090; 8
CCR 5144, 8 CCR 15400.2
Separation + 30
years or termination
of Benefits + 5 years
whichever is longer
HR-8;
RM-007

Page 376 of 687 ends

Department: Human Resources Prepared By: Racha Zeitoun

Page 2 of 2 ends

934 Volunteers -
Applications 1/1/2020 6/4/2021
29 CFR 1602.31 &
1627.3(b)(1)(i)&(ii), GC
§§12946, 12960, 34090
Inactive / Separation
+ 3 years
L-2, LIB010
935 I-9 Forms
Separation Dates 5/17/2017 3/25/2021
8 CFR 274a.2; 29 CFR
1627.3(b)(1); GC
§§12946,12960, 34090
Separation + 3 years HR-3;
HR-009
936
Labor Relations - Meets
and Confer Notes, and
Negotiations
3/31/2005 12/31/2013 Department Preference; GC
§34090
Minimum 10
years
HR-4,
HR-011
937
Benefit Plan Documents
(CalPERS, Optical,
Dental, etc.)
2010 2014 Duration of the Contract + 6
years
EEOC / ADEA (Age)
requires 1 year after
benefit plan
termination; State
Law requires 4 years
after action; 29 CFR
1627.3(b)(2); 29
USC 1027; GC
§§12946, 12960,
34090
HR-1,
HR-001
Destruction Authorization: I hereby authorize the destruction of records listed above.

Department Head Signature: City Attorney Signature:

Date: Date:

Certification: I hereby certify that the records listed above were destroyed in accordance with the City’s records related policies and procedures.

Resolution: Destruction Date: Method of Destruction:

Chief Deputy City Clerk Signature and Date:

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Department: Parks & Recreation, Library
Services Division
Prepared By: Veronica Palacios
Page I of 1

CITY OF COVINA

RECORDS DESTRUCTION AUTHORIZATION FORM
By my initials above, I hereby certify that the records prepared for destruction (as listed below) are more than two years old and have been retained for the minimum retention period as specified in the City of Covina Records Retention Schedule adopted by the City Council. I have confirmed the accuracy ofthe description of each record sufficient for identification, the retention schedule page number, retention number, record contents, record d . . d d . d ates, retentiOn requ irements an estructwn ate.

Box Description of Records Code Retention Page No.,
Date From Date To Citation Retention # to be Destroyed (e.g., GC § 34090) Period No.
1 Time Sheets 7/2017 3/2019 IRS Reg 5 Years CW-14,
§31.6001- CW-059
1(e)(2), R& T
§19530; LC §
1174(d); 29
CFR 516.5;
GC §34090
1 Cash Reports 7/2021 3/2022 City 2 Years L-1,
preference LIB-001
(not all detail
is sent to
Finance); GC
§34090
Story Time Program Registrations 9/2019 11/2019 GC § 34090 2 Years P&R-5, P&R-020
2 Accounts Payable/Invoices 7/2019 6/2020 GC § 34090.7 Copies- CW-1, When No CW-003
Longer
Required
D t es rue ti on A u th onza . f ton: I h ere b >y au th onze . th e d es tr uc 10n o f recor d s r IS t e d b a ave.

Department Head Signature: City Attorney Signature:

Date: Date:

Certification: I hereby certify that the records listed above were destroyed in accordance with the City's records related policies and rocedures.

Resolution: Destruction Date: Method of Destruction:

Chief Deputy City Clerk Signature and Date:

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 22
Meeting: July 16, 2024
Title: FY 2024-25 Budget Increase from HOST Award Funding Presented by: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2024-62 increasing the FY 2024-25 Police Department revenue and expenditure budget for accepting HOST funding and

2. Authorize the City Manager or his designee to sign all related HOST participation documents.

EXECUTIVE SUMMARY:

The County of Los Angeles provides funds for Homeless Outreach Services Teams (HOST). The Los Angeles County Police Chief’s Association (LACPCA) has agreed to provide personnel to support HOST. The purpose of HOST is to work collaboratively with public and private partners to assist homeless individuals and address homeless related issue within the County.

DISCUSSION:

The Covina Police Department has participated in the HOST Program in the past. The attached HOST Agreement is for FY 24-25. HOST provides the Covina Police Department (CPD) additional funding for personnel to assist the homeless community within the City of Covina. CPD personnel will also assist other agencies within the East San Gabriel Valley with similar related issues. Other agencies within the East San Gabriel Valley in turn will assist the City of Covina as applicable. The Covina Police Department is an active participant within the LACPCA who has agreed to provide HOST related services throughout the County.

FISCAL IMPACT:

The attached resolution allocates up to $2,000.00 a month ($24,000 per year) to the CPD budget during FY 24- 25 to provide HOST services through our agreement. The CPD will seek reimbursement which will cover the cost of personnel who work this assignment. Reimbursement will be sought on a monthly basis and managed by the CPD.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-62

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCEPTING

FUNDING FROM THE HOMELESS OUTREACH SERVICES TEAMS
(HOST) IN THE AMOUNT OF UP TO $24,000 AND INCREASING THE POLICE DEPARTMENT FISCAL YEAR 2024-25 REVENUE AND

EXPENDITURE BUDGET BY THE SAME AMOUNT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina has been awarded HOST funding in the amount of up to $24,000; and
WHEREAS, this funding for police department personnel to assist the homeless community within Covina; and
WHEREAS, utilizing this allocation will increase the Police Department’s appropriation by $24,000 and revenue accounts by the same amount; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. Amend the fiscal year 2024-25 Police Department Budget as follows:

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

APPROVED and PASSED this 16th day of July 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
Account Number Account Title Original budget Increase Budget Amendment 2980 1130 42290 HOST Other County Grants 0 $ 24,000.00 $ 24,000.00 2980 1130 50030 HOST Overtime 0 $ 24,000.00 $ 24,000.00

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Resolution CC 2024-62 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 2024-62 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 23
Meeting: July 16, 2024
Title: Adoption of Resolution CC 2024-64 endorsing a Public Convenience or Necessity (PCN) for an On-Sale Alcohol in Conjunction with a Bone-fide Eating Establishment (Type 47) License at 230 N Citrus Ave (Bravado)
Presented by: Brian K. Lee, Director of Community Development Eduardo Lomeli, Assistant Planner
Recommendation: Endorse a determination of Public Convenience or Necessity (“PCN”) to allow Carlos Gomez, applicant representing Bravado, to obtain an On-Site Alcohol Beverage Sales in Conjunction with a Bone-Fide Establishment (Type 47) License.

EXECUTIVE SUMMARY:

The California Business and Professions Code (“B&P” Code”) Section 23958 provides that the California Department of Alcoholic Beverage Control (“ABC”) shall deny an application for a license if issuance of that license would result in or add to an undue concentration of licenses, except as provided in B&P Code Section 23958.4. It further allows ABC to issue a license if the city in which the license would be issued determines that public convenience or necessity would be served by permit issuance. A PCN is required for permit issuance at the property due to an overconcentration of Type 47 (On-Sale General – Eating Place) license within census tract no. 4061.01, which currently allows (15) fifteen. Bravado, will be the (16) sixteen Type 47 license within this census tract, thereby requiring the planning commission make a finding of public convenience or necessity (PCN) pursuant to Covina Municipal Code (CMC) Section 17.62.120.

On June 25th, 2024, the Planning Commission approved Conditional Use Permit (CUP) 23-09 and Site Plan Review (SPR) 23-280 permit applications, requesting a change of use from an existing vacant building to a bonafide eating establishment with on-site alcohol beverage sales, live entertainment, outdoor dining, and other associated improvements, within the Town Center Specific Plan’s “Historical Core (HC) Zone.” Bravado will receive a “Type 47” On-Sale General – Eating Place license. Currently, the City of Covina has 15 active “Type 47” licenses in the city. Bravado would be the sixteenth “Type 47” license. Within the Covina Town Center Specific Plan, there are currently (16) sixteen “active” ABC licenses types, with Bravado becoming (No. 17) seventeen.

On November 19, 2019, the City of Covina adopted its Town Center Specific Plan designating the site to be zoned Historical Core (HC). The proposed use, on-sale alcohol in conjunction with a bone-fide eating establishment, is located within an established historical area characterized by mostly mixed uses that conform well to surrounding neighborhood infrastructure and support service. This area is intended to to identify its mix of retail stores, services, restaurants, cultural, entertainment venues, and residential uses within the Covina Town Center’s Historical Core.

The proposed project is consistent with the TCSP with prominent architectural design and materials of the HC Zone such as adaptive reuse of historical buildings, the preservation of worn appearance of the facade conditions, defined entries, and pedestrian-oriented design at ground level. The decor and theme of Bravado will take its inspiration from both vintage and modern restaurant. Main design concepts include an ornate black/white awning, decorative gooseneck and industrial wall-mounted lighting, with jet black, dove gray, and driftwood wood slats

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and, black/bronze exterior paint, and fixture finishes. The interior and exterior improvements, and site upgrades together with the conditions of approval will enhance the site appearance and contribute to the character of the downtown area.

The determination of public convenience or necessity for the business will provide needed services to the immediate neighborhood. Furthermore, the repurposing of the existing vacant building will contribute to the City’s economic development. Therefore, the public convenience or necessity for the proposed “Type 47” (OnSale General – Eating Place) ABC license will not adversely affect the community.

On June 25th, 2024, the Planning Commission voted 3-0 endorsing the issuance of the PCN, recommending the City Council adopt a resolution affirming the determination.

FISCAL IMPACT:

The additional restaurant to the downtown area will not result in a Fiscal Impact to the City of Covina.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The City has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines, the project is exempt from environmental review under CEQA because the project is consistent with conditions under Class 32. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicant zoning designation and regulations. The proposed developments are within city limits on a project site of no more than five acres of substantially surrounded by urban uses. Since the location is within an existing operating business, the project site has no value as habitat for endangered, rare or threatened species. Approval of this project would not result in any significant effects relating to traffic, noise quality, or water quality. The site can be adequately served by all required utilities and public services.

Respectfully submitted,
____________________________
Eduardo Lomeli
Assistant Planner

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ATTACHMENT A
RESOLUTION CC 2024-64

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

CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR
NECESSITY IS SERVED BY ISSUANCE FOR A (“TYPE 47” ON-SALE GENERAL – EATING PLACE) LICENSE, AT 230 N CITRUS AVENUE. (BRAVADO)
WHEREAS, on December 18, 2023, the City received an initial request from Carlos Gomez, Applicant, and Sean Callahan Property Owner, seeking a conditional use permit (CUP), 23-009, in order to facilitate for “Bone-Fide Eating Establishment offering on-sale beer, wine, and distilled spirits, at 230 N Citrus Avenue, California 91722; and WHEREAS, California Business and Professions Code (“B&P” Code”) Section 23958 provides that the California Department of Alcoholic Beverage Control (“ABC”) shall deny an application for a license if issuance of that license would result in or add to an undue concentration of licenses, except as provided in B&P Code Section 23958.4; and WHEREAS, B&P Code Section 23958.4 allows the ABC to issue a license if the city in which the license would be issued determines that public convenience or necessity would be served by permit issuance; and
WHEREAS, the Property falls within seven hundred (700) feet, measured as a pedestrian travel, from a place used exclusively for residential purposes; and WHEREAS, where a proposed new bone-fide eating establishment, offering on-sale beer, wine, and distilled spirits, falls within the "700-foot rule" identified above, Covina Municipal Code, Section 17.62.026(B)(3) requires that the Planning Commission make four additional findings of local “public convenience and necessity" (City PCN), demonstrating that the proposed on-site alcohol beverage sales in conjunction with a bona fide eating establishment will serve the community, will be limited in scope, and will not adversely affect the community; and WHEREAS, on June 25
th, 2024, the Planning Commission conducted a duly noticed public hearing at which time parties were afforded the opportunity to present oral and written evidence to the Planning Commission and rebut the oral and written evidence presented. At this meeting the Planning Commission voted 3-0 endorsing the issuance of the PCN, recommending the City Council adopt a resolution affirming the determination.

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

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

SECTION 2. Findings. The Covina City Council finds and determines, based on the information made available at the July 16th, 2024 public hearing, the staff report and related documents submitted to the Planning Commission prior to and at the June 25th, 2024 hearing, the

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Resolution CC 2024-64 Page 2 of 4
oral presentation of City staff, public testimony, and all other written and oral evidence presented to the Planning Commission at or prior to the public hearing, that:
(a) The Planning Commission considered a variety of factors derived form case law in making the PCN determination. These factors include the character of the premises, the aesthetics and ambience of the proposed business, the attractiveness of the proposed business, the manner in which the business is to be conducted or unique features, the types of guests likely to be patrons, the predicted mode of operation, and the convenience of purchasing alcohol in conjunction with specialty food sales or service.
(b) Based upon the review of information submitted by the Applicant, review of the plans for the business, site reconnaissance, the administrative record and consultation with City Staff (including the Planning and Police Departments), the Planning Commission concluded that the requirements for a “Bone-fide eating establishment in conjunction with on-sale alcohol”, which includes (Type 47) License and considerations for a PCN have been met based upon, but not limited to, the following findings:

On-Site Alcohol Beverage Sales In Conjunction with a Bone-Fide Eating Establishment (“Type 47”):

1. The public convenience and necessity for the proposed use outweigh the distance restrictions of subsection (B)(2)(b) of this section, upon additional findings that: (A) The immediate neighborhood requires and needs such services; and (B) Not greater than five percent of the sales floor area or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages;
Fact: Bravado is bona-fide eating establishment with on-site alcohol sales.

Bravado will receive a “Type 47” license. Currently, the City of Covina has fifteen active “Type 47” licenses within its city boundary. On November 19, 2019, the City of Covina adopted its Town Center Specific Plan designating the site to be zoned Historical Core (HC). The intent of this zone is to identify its mix of retail stores, services, restaurants, cultural, entertainment venues, and residential uses within the Covina Town Center’s historic cultural core. No sales floor area or display area proposed that will exceed five percent or 1,000 square feet for the bone-fide eating establishment. Therefore, as proposed, this criterion has been met.

2. The exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood; Fact: The applicant proposes to modernize the exterior of the building reflecting decor and theme that will take its inspiration from both vintage and modern restaurant. Main design concepts include an ornate black/white awning, decorative gooseneck and industrial wall-mounted lighting, with

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Resolution CC 2024-64 Page 3 of 4
jet black, dove gray, and driftwood wood slats and, black/bronze exterior paint, and fixture finishes. The interior and exterior improvements, and site upgrades together with the conditions of approval will enhance the site appearance and contribute to the character of the downtown area.

Therefore, as proposed this criterion has been met.

3. The immediate neighborhood requires and needs such services; Fact: The proposed use, on-sale alcohol in conjunction with a bone-fide eating establishment, is located within an established area characterized by similar uses that conform well to surrounding neighborhood infrastructure and support services. The determination of public convenience for the business will provide needed services to the immediate neighborhood.

Furthermore, the repurposing of the existing vacant building will contribute to the City’s economic development. Therefore, as proposed this criterion has been met.

SECTION 3. Action. In consideration of the findings stated above, the Covina City Council hereby takes the following actions:
(a) The PCN endorsement is issued.
(b) The City Clerk of the City Council is directed to serve, by first class mail, a written notice of this decision to the Applicant within five (5) days.

SECTION 4. CEQA. The City has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines. The project qualified as a Class 1 exemption under State CEQA Guidelines Section 15301(a), which covers the permitting and minor alterations of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency’s original determination. The project would consist of operating a bona-fide eating establishment with on-site alcohol beverage sales (“Type 47”) within an existing 2,500 square foot structure involving partition walls, booths, plumbing and electrical conveyances, and exterior wall penetrations. No structural additions are proposed other than a 960-square-foot gated outdoor seating area in the public right-of-way that is less than 50% of the existing floor area. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The City Council hereby authorizes and directs staff to file a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Los Angeles, California, within five (5) working days following the date of adoption of this Resolution.

SECTION 5. Effective Date. This resolution shall become effective immediately upon its adoption.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

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Resolution CC 2024-64 Page 4 of 4
APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, 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 2024-64 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 24
Meeting: July 16, 2024
Title: Consideration to Approve Compensation Rules and Salary Schedules & Amend the City’s Classification Plan to Establish a Public Works Manager – Engineering & Capital Improvement Services and Public Works Manager – Environmental and Utility Services Presented by: Chris Marcarello, City Manager
Angel Carrillo, Deputy City Manager
Anita Agramonte, Director of Administrative Services
Theresa Franke, Deputy Director of Administrative Services Joanna Espinosa, Senior Human Resources Analyst
Racha Zeitoun, Human Resources Analyst
Rafael Fajardo, Interim Public Works Director
Recommendation: Adopt Resolutions CC 2024-70 and CC 2024-69 approving the salary schedules and Compensation Rules between the City of Covina and Mid-Management, Supervisory and Professional, and Confidential and Technical Employees and Executives, Effective July 1, 2024; and adopt Resolution CC 2024-71 to establish and amend the City’s Classification plan, and establish job descriptions and salary ranges for Public Works Manager – Engineering & Capital Improvement Services and Public Works Manager – Environmental and Utility Services with the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.

EXECUTIVE SUMMARY:

The City has four (4) recognized bargaining units that represent various employee groups. Additionally, in accordance with Government Code § 3507.5, the City establishes Compensation Rules for the City’s MidManagement, Supervisory and Professional/Technical employees and Executives. Labor agreements and compensation rules for each of these groups are scheduled to expire on June 30, 2024. Accordingly, City staff has met and conferred with representatives from the various groups to negotiate successor agreements and compensation rules beginning on July 1, 2024.

As a result of this process, the two unrepresented groups, Executive employees and Management, Supervisory and Professional/Technical (Unaffiliated) employees have reached tentative agreements on terms and desire to amend the Compensation Rules with the City. The remaining group, American Federation of State, County and Municipal Employees, Local 3325 (“AFSCME) is finalizing negotiations and as planned, will be presented at an upcoming meeting.

Additionally, with the recent retirement of the Director of Public Works, there was an opportunity to consolidate and reorganize these duties within the existing organizational staffing structure in the Public Works Department to ensure that the Department is responsive to operational needs and organizational goals. Based on this review, it has been determined that staffing adjustments are needed to better serve the public, maximize the City’s resources and ensure the City remains competitive within the local labor market. The proposed changes will establish a succession planning tool for the Department and recognize the increased workload and level of responsibilities that have been assumed by existing team members in the Department.

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Funding for the proposed salary and benefit adjustments are included in the City’s FY 2024-25 budget. It is requested that the City Council approve amendments to the City’s Classification Plan for positions within the Public Works Department to establish two (2) Public Works Manager classifications and reclassify the current two Senior Management Analysts into the respective Public Works Manager classifications. The job specifications and salary schedules are attached with Resolution CC 2024-71 as Attachment C hereto.

BACKGROUND:

On July 6, 2021, City Council approved the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules, including Section 3. Covered Classifications. The attached Resolution to establish the new Public Works Manager – Engineering and Capital Improvement Services and Public Works Manager – Environmental and Utility Services job classifications and salary ranges will amend Section 3 of the Unaffiliated Compensation Rules to include these two new job classifications.

On April 11, 2024, the position of Director of Public Works became vacant and since then, the more complex duties assigned to this position are being performed by the Deputy Director/City Engineer and Deputy Director/Operations and Transportation. Over the past few years, the Department has been experiencing a consistent and gradual increase in complex work, in addition to the duties related to this vacancy, which is impacting the duties of the Engineering, Environmental, Traffic, and Operation divisions of the Public Works Department. The Department foresees the complexity and quantity of work will continue to grow as Federal and State regulations and reporting requirements are anticipated to increase, and the demand on the City's responsibility to maintain the infrastructure continues to increase.

The classifications of Senior Management Analyst will be unbudgeted once the two positions of Public Works Managers have been filled.

DISCUSSION:

As a general policy goal, the City seeks to compensate its employees at the 60th percentile of the market (equal to or higher than 60% of comparison agencies) for total compensation. To achieve this goal, over the last nine (9) months, City staff and group representatives have completed a collaborative process of identifying agencies and classifications to include in a market comparison so that the City of Covina will remain competitive in the marketplace. This process has involved the study of each groups’ classifications, discussion of applicable total compensation items and an evaluation of the relationships between certain job series.

The terms of the tentative agreements arrived at thus far are as follows:
 All Groups
o Term: 4-years; July 1, 2024 – June 30, 2028
o Market Adjustment: For specified classifications, adjust total compensation to the 60th percentile of the market effective July 1, 2025.
o Cost of Living Adjustment: 3% per year in Fiscal Years 2025, 2026, 2027 and 2028 o Health Insurance Cafeteria Benefit: $90 per month increase in Fiscal Year 2025, $75 per month increase in Fiscal Years 2026, 2027 and 2028.
o Mid-Agreement Total Compensation Review: City will complete an update of existing market study in spring 2026 to maintain position at the 60th percentile of the market. Should the City’s total compensation fall below this position, provide market adjustments effective July 1, 2026. o Miscellaneous Items: Add Juneteenth as a recognized City holiday and increase floating holiday leave by 10 hours; increase longevity pay by $500 per tier; phased increase to bilingual pay of $25 per month in Fiscal Years 2025, 2026, 2027, 2028; continuance of vacation cash out provisions. o Mutual Goal: Meet and confer to discuss increasing the City’s total compensation from the 60th to the 65th percentile of market, depending on the City’s ability to afford such increases.

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 Unaffiliated Compensation Rules
o Comparison Agencies: Arcadia, Azusa, Baldwin Park, Chino, Claremont, Glendora, La Verne, Monrovia, Pomona, West Covina
o Miscellaneous Items: increase education incentive pay by 1% per tier.  Executive Compensation Rules
o Comparison Agencies: Arcadia, Azusa, Baldwin Park, Claremont, Glendora, La Verne, Monrovia, Pomona, West Covina
o Miscellaneous Items: authorize the conversation of accrued sick leave to a retirement health savings account upon retirement and increase education incentive pay by 1.5% per tier for sworn personnel; increase education incentive pay by 1% for executive personnel.

Based on the successful negotiations with these employee groups, it is recommended that the City Council consider approving new compensation rules, effective July 1, 2024. It is hoped that successor agreements for the American Federation of State, County and Municipal Employees, Local 3325 (“AFSCME”) will be presented to the Council at an upcoming meeting.

Human Resources continues to review the operating structure and job classifications in the City’s various departments to ensure competitiveness with the labor market and address changing operational needs. Based on the review of the current staffing needs in the Public Works Department, it was determined that the changes being recommended herein are necessary to support the growing needs of the Department's operations and the public it serves. This will also support succession planning for the City and provide a better career ladder for employees.

Therefore, it is recommended that the City adopt the new classifications and salary ranges for Public Works Manager – Engineering and Capital Improvement Services and Public Works Manager – Environmental and Utility Services.

FISCAL IMPACT:

Funding for the proposed salary and benefit adjustments are included in the City’s FY 2024-25 budget.

Funding for the new classifications of Public Works Manager – Environmental & Utility Services and Public Works Manager – Capital Improvement & Engineering Services was included in the City's Public Works Department’s Fiscal Year 2024-2025 budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-69

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

CALIFORNIA, APPROVING AMENDED AND RESTATED THE

EXECUTIVE COMPENSATION RULES
WHEREAS, the City of Covina (" City") is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City of Covina is desirous of attracting and retaining qualified employees to the City' s service through a competitive salary and benefit total compensation program; and WHEREAS, and the City of Covina maintains compensation and benefits rules for executives and the City Manager (the “Executive Compensation Rules”).

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

SECTION 1. The City Council does hereby approve and adopt the amended and restated Executive Compensation Rules and salary schedules attached hereto as Exhibit “A” to this Resolution. The Executive Compensation Rules, effective July 1, 2024, shall be the compensation rules governing certain compensation and benefits for all employees covered by the Executive Compensation Rules.

SECTION 2. The City Council does hereby repeal all prior resolutions or portions thereof, in conflict with this resolution.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and is in force.

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

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CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-69 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

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ATTACHMENT B
RESOLUTION CC 2024-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING AMENDED AND RESTATED THE MIDMANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICAL EMPLOYEES COMPENSATION
RULES
WHEREAS, the City of Covina (" City") is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City of Covina is desirous of attracting and retaining qualified employees to the City' s service through a competitive salary and benefit total compensation program; and WHEREAS, and the City of Covina maintains compensation and benefits rules for midmanagement, supervisory and professional, and confidential and technical employees (the “MidManagement, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules”).

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

SECTION 1. The City Council does hereby approve and adopt the amended and restated Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules and salary schedules attached hereto as Exhibit “A” to this Resolution. The Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules, effective July 1, 2024, shall be the compensation rules governing certain compensation and benefits for all employees covered by the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules.

SECTION 2. The City Council does hereby repeal all prior resolutions or portions thereof, in conflict with this resolution.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and is in force.

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor

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ATTACHMENT B
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 2024-70 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

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ATTACHMENT C
RESOLUTION CC 2024-71

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

CALIFORNIA, AMENDING THE CITY OF COVINA COMPENSATION

RULES AND SALARY SCHEDULES FOR THE MID-MANAGEMENT,

SUPERVISORY AND PROFESSIONAL, AND CONFIDENTIAL AND

TECHNICAL EMPLOYEES
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Public Works Department and Human Resources desire to amend the City’s Classification Plan to establish the new job classifications and salary ranges for Public Works Manager – Engineering and Capital Improvement and Public Works Manager – Environmental and Utility, thereby revising Sections 3.B. of the Compensation Rules for the MidManagement, Supervisory and Professional, and Confidential and Technical Employees and Compensation Rules (Unaffiliated) and Salary Schedules.

The respective job descriptions and revised Unaffiliated Salary Schedules, effective July 1, 2024 are attached to this Resolution as Exhibit A and B.

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

SECTION 1. The City Council approves and authorizes Human Resources to establish the amendments effective July 1, 2024, as follows:

A. Establish the job classifications of Public Works Manager – Engineering and Capital Improvement and Public Works Manager – Environmental and Utility.

B. Effective July 1, 2024, the salary ranges for each classification shall be added to the current Unaffiliated salary schedule for full time employees.

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

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor

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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 2024-71 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: July 16, 2024
Title: Ordinance 24-08, Approving Zoning Code Amendment (ZCA) to Amend Various Sections of Chapter 17.64 of the Covina Municipal Code and to Find the Proposed ZCA to be Exempt from the Requirements of the California Environmental Quality Act (CEQA) Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Waive full reading and introduce Ordinance 24-08 entitled, “An Ordinance of the City Council of the City of Covina, California, Approving Zoning Code Amendment (ZCA) 24- 01 by Amending Sections 17.64.060 and 17.64.120 of Chapter 17.64 (Site Plan Review) of Title 17 (Zoning) of the Covina Municipal Code, and Making a Determination of Exemption from the California Environmental Quality Act”.

EXECUTIVE SUMMARY/BACKGROUND:

It has come to the staff's attention that two sections of the Site Plan Review Chapter 17.64 necessitate minor changes to clarify the intent of the review process. The proposed change is to remove the word "hearing" and replace it with “meeting.” The reason is that "hearing" implies or interprets a public hearing. On June 25, 2024, the Planning Commission conducted a public hearing and considered the proposed Zoning Code Amendment (ZCA) 24-01. There were no participants nor public comments at the hearing. The Planning Commission concluded the hearing on June 25, 2024, and adopted Resolution No. 2024-012 PC by a vote (3-0-2), recommending to the City Council the approval of the Zoning Code Amendment (ZCA) 24-01.

DISCUSSION:

The original Site Plan Review Chapter 17.64 before the amendment in 2023 did not require a public hearing.

The Site Plan Review process does not intend to include a public hearing. Any major site plan review applications only require the approval of the Planning Commission. Therefore, staff proposed making minor changes to two sections by changing the word “hearing” to “meeting” (in italics) for the following sections:
 “17.64.060 Review process and procedures.

F. Application review and report for projects requiring planning commission or city council approval. After acceptance of a complete application, the director shall perform environmental review procedures in accordance with the California Environmental Quality Act (CEQA). The director will consult with other departments, committees, and outside agencies as appropriate to ensure compliance with all provisions of this code and other adopted codes, policies, and plans. The director will prepare a report to the designated approving authority describing the project and their recommendation to approve, conditionally approve, or deny the application. The applicant shall receive the report prior to consideration of the entitlement request.

The report may be amended as necessary or supplemented with additional information at any time before the public meeting to address issues or information not reasonably known when the report is prepared.”  “17.64.120 Reapplications.

An application shall not be accepted or acted upon if, within the past 12 months, the city has denied an application for substantially the same project on substantially the same real property unless the director finds one or more of the following circumstances to exist:

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A. New evidence. New evidence would support approving the project that was not presented at the previous meeting at which the application was denied and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

B. Substantial and permanent change of circumstances. Since the previous meeting at which the application was denied, a substantial and material change of circumstances has affected the applicant's real property.

There is no specific development in conjunction with the proposed Zoning Code Amendment (ZCA 24-01). It is not possible to quantify fiscal impacts at this time.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Community Development Department staff determined that the proposed Zoning Code Amendment is administrative rather than substantive in nature and that it may be seen with certainty that there is no possibility it would not result in, or have a potential for resulting in, either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, accordingly, is exempt from the California Environmental Quality Act (“CEQA”) (Cal. Pub. Resources Code, Section 21000 et. seq.) pursuant to the CEQA Guidelines (Cal. Code Regs., tit. 14, Section 15000 et. seq.) Section 15061 (b) (3) and Section 15378 (b) (5). The proposed Zoning Code Amendment is an administration of the Zoning Code by amending various sections of Chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), in order to clarify language, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, the proposed Zoning Code Amendment (ZCA) 24-01 is not subject to the requirements of CEQA and the CEQA Guidelines pursuant to CEQA Guidelines Section 15061 (b) (3).

Respectfully submitted,
ATTACHMENTS:

A. Planning Commission Resolution No. 2024-012PC
B. Ordinance 24-___

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RESOLUTION 2024- 012 PC

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COVINA, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL ADOPT AN ORDINANCE TO APPROVE ZONING CODE
AMENDMENT ( ZCA) 24- 01 BY AMENDING SECTIONS 17. 64. 060 AND

17. 64. 120 OF CHAPTER 17. 64 (SITE PLAN REVIEW) OF TITLE 17

ZONING) OF THE COVINA MUNICIPAL CODE, AND MAKING A

DETERMINATION OF EXEMPTION FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries. The proposed Zoning Code Amendment ( ZCA) 24- 01, amending various sections of chapter 17. 64 (Site Plan Review) of Title 17 ofthe Covina Municipal Code (" CMC"), is necessary in order to clarify language and remove language discrepancies; and WHEREAS, the proposed Zoning Code Amendment ( ZCA) 24- 01 is consistent with the General Plan pursuant to Government Code Section 65860. Specifically, the proposed Zoning Code Amendment ( ZCA) 24- 01 is consistent with Program/ Implementation Measures No. B. 11. a of the Land Use Element of the City of Covina General Plan because the proposed amendment clarify language and simplify the review process; and
WHEREAS, pursuant to CMC Section 17. 80. 050 the planning commission shall hold a public hearing on a zoning code amendment. Any recommendation by the commission for an ordinance amendment requires the affirmative vote of not less than two-hirds of the total voting members after at least one public hearing. After the conclusion of the public hearing, the commission shall file its recommendation with the council, together with a report of findings, hearings and other supporting data and
WHEREAS, on June 25, 2024, the Planning Commission conducted a public hearing at which time the oral and written evidence along with written recommendation from the Planning Division was presented to the Planning Commission. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment ( ZCA) 24- 01, the Planning Commission closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.

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

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

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ATTACHMENT A
SECTION 2. California Environmental Quality Act Findings. Community Development Department staff determined that the proposed Zoning Code Amendment is administrative rather than substantive in nature and that it may be seen with certainty that there is no possibility it would result in, or have a potential for resulting in, either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, accordingly, is exempt from the California Environmental Quality Act CEQA") (Cal. Pub. Resources Code, Section 21000 et. seq.) pursuant to the CEQA Guidelines Cal. Code Regs., tit. 14, Section 15000 et. seq.) Section 15061 ( b) (3) and Section 15378 ( b) (5).

The proposed Zoning Code Amendment is an administration of the Zoning Code by amending various sections of Chapter 17. 64 (Site Plan Review) of Title 17 of the Covina Municipal Code CMC"), in order to clarify language, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Planning Commission has reviewed the administrative record concerning the proposed ZCA 24- 01 and the proposed CEQA determination, and based on its own independent judgement, finds and makes the recommendation to the City Council that ZCA 24- 01 set forth in Ordinance 24- is not subject to the requirements of CEQA and the CEQA Guidelines pursuant to CEQA Guidelines Section 15061 ( b) (3) and Section 15378 ( b) (5).

SECTION 3. Findings for Approval of Zoning Code Amendment ( ZCA) 24- .

Based on the evidence in the record, Planning Commission of the City of Covina find that the proposed Zoning Code Amendment ( ZCA) 24- 01 is in compliance with State law and is consistent with the General Plan Objectives, in that it is consistent with the Program/ Implementation Measures No. B. 11. aof the Land Use Element of the City of Covina General Plan because the proposed Zoning Code Amendment ( ZCA) 24- 01 will amend various sections of Chapter 17. 64 Site Plan Review) of Title 17 of the Covina Municipal Code (" CMC"), in order to clarify language.

SECTION 4. Planning Commission Recommendation. After giving full consideration to all evidence presented at the public hearing and in consideration of the findings stated in the attached draft City Council Ordinance, the Planning Commission does hereby recommend that the City Council of the City of Covina adopt the Ordinance attached hereto in Exhibit 1 and incorporated by this reference, entitled as follows:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT ( ZCA) 24- 01 BY AMENDING SECTIONS 17. 64. 060 AND 17. 64. 120 OF CHAPTER 17. 64 (SITE PLAN REVIEW) OF TITLE 17 ( ZONING) OF THE COVINA MUNICIPAL

CODE, AND MAKING A DETERMINATION OF EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
SECTION 5. The documents and materials that constitute the record of proceedings on which these findings and this Resolution are based are located at the City Clerk' s Office or the Community Development Department, Planning Division, located at 125 E. College Street, Covina, CA 91723 or at www. covinaca. gov. The custodian of these records is the City Clerk.
2- Page 402 of 687
SECTION 6. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the members of the Planning Commission ofCovina on this 25th day of June 2024.
2`=

DAN MCMEEKIN, CHAIR

CITY OF COVINA PLANNING COMMISSION
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Covina at a
regular meeting thereof held on the by the following vote ofthe Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:

CONNORS, RODRIGUEZ, FLORES
NONE

RICHARDSON, FLORES
NONE

A IN OMMISSION SECRE ARY

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ATTACHMENT B
ORDINANCE 24-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 24-01 BY AMENDING SECTIONS 17.64.060 AND 17.64.120 OF CHAPTER 17.64 (SITE PLAN REVIEW) OF TITLE 17 (ZONING) OF THE COVINA

MUNICIPAL CODE, AND MAKING A DETERMINATION OF

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries. The proposed Zoning Code Amendment (ZCA) 24-01, amending various sections of chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), is necessary in order to clarify language and remove language discrepancies; and WHEREAS, the proposed Zoning Code Amendment (ZCA) 24-01 is consistent with the General Plan pursuant to Government Code Section 65860. Specifically, the proposed Zoning Code Amendment (ZCA) 24-01 is consistent with Program/Implementation Measures No. B.11.a of the Land Use Element of the City of Covina General Plan because the proposed amendment clarify language and simply review process; and
WHEREAS, on June 25, 2024, the Planning Commission conducted a public hearing at which time the oral and written evidence along with written recommendation from the Planning Division was presented to the Planning Commission. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 24-01, the Planning Commission closed the public hearing on that same date and adopted Resolution 2024-012 PC, by a 3-0-2 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 24-01 and adopt this proposed Ordinance; and
WHEREAS, CMC Section 17.80.050.C. provides that within thirty (30) days after the conclusion of the public hearing, the Planning Commission must file its recommendation with the City Council, together with a report of findings, hearings and other supporting data; and WHEREAS, CMC Section 17.80.060 provides that the hearing date must be set by the City Clerk for not more than thirty (30) days after the filing of the Planning Commission’s recommendation; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the notice; and WHEREAS, on July 16, 2024, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 24- 01 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 24-01. Following consideration of the entire record

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Ordinance 24-08 Page 2 of 4
of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 24-01, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

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

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

SECTION 2. California Environmental Quality Act Findings. Community Development Department staff determined that the proposed Zoning Code Amendment is administrative rather than substantive in nature and that it may be seen with certainty that there is no possibility it would result in, or have a potential for resulting in, either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, accordingly, is exempt from the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Resources Code, Section 21000 et. seq.) pursuant to the CEQA Guidelines (Cal. Code Regs., tit. 14, Section 15000 et. seq.) Section 15061 (b) (3) and Section 15378 (b) (5). The proposed Zoning Code Amendment is an administration of the Zoning Code by amending various sections of Chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), in order to clarify language, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Council has reviewed the administrative record concerning the proposed ZCA 24-01 and the proposed CEQA determination, and based on its own independent judgement, finds that ZCA 24-01 set forth in Ordinance 24-08 is not subject to the requirements of CEQA and the CEQA Guidelines pursuant to CEQA Guidelines Section 15061 (b) (3) and Section 15378 (b) (5).

SECTION 3. Findings for Approval of Zoning Code Amendment (ZCA) 24-01. Based on the evidence in the record, City Council of the City of Covina find that the proposed Zoning Code Amendment (ZCA) 24-01 is in compliance with State law and is consistent with the General Plan Objectives, in that it is consistent with the Program/Implementation Measures No. B.11.a of the Land Use Element of the City of Covina General Plan because the proposed Zoning Code Amendment (ZCA) 24-01 will amend various sections of Chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), in order to clarify ambiguous language.

SECTION 4. Paragraph E of Section 17.64.060 (Review process and procedures) of Chapter 17.64 (Site Plan Review) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to read as follows with all other provisions of Section 17.64.020 remaining unchanged.

Amended text is show in italics for informational purposes only. “E. Application review and report for projects requiring planning commission or city council approval. After acceptance of a complete application, the director shall perform environmental review procedures in accordance with the California Environmental Quality Act (CEQA). The director will consult with other departments, committees, and outside agencies as appropriate to ensure compliance with all provisions of this code and other adopted codes, policies, and plans. The director will prepare a report to the designated approving authority describing the project and their recommendation to approve,

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Ordinance 24-08 Page 3 of 4
conditionally approve, or deny the application. The applicant shall receive the report prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time before the public meeting to address issues or information not reasonably known when the report is prepared.” SECTION 5. Section 17.64.120 (Reapplications) of Chapter 17.64 (Site Plan Review) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to read as follows. Amended text is shown in italics for informational purposes only. “17.64.120 Reapplications.

B. Substantial and permanent change of circumstances. Since the previous meeting at which the application was denied , a substantial and material change of circumstances has affected the applicant's real property.

C. Prejudicial mistake at a previous meeting. A mistake was made at the previous meeting at which the application was denied that was a material factor in denying the previous application.”
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

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

SECTION 8. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

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Ordinance 24-08 Page 4 of 4
PASSED, APPROVED and ADOPTED this __ day of ____, 2024.

City Council of Covina, California
BY:

JOHN C. KING, 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 24-08 was introduced for first reading at a REGULAR meeting on the __ day of _____, 2024.

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

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: July 16, 2024
Title: Adopting the City of Covina Development Impact Fee Nexus Study, Adopting a Capital Improvement Program as Part of the Development Impact Fee Study, Adopting a Revised Development Impact Fee Schedule, & Making Determinations under CEQA Presented by: Daniella Andrade, Management Analyst
Brian K. Lee, AICP, Director of Community Development
Recommendation: Adopt Resolution CC 2024-57.

EXECUTIVE SUMMARY:

Under the California Mitigation Fee Act (Government Code Section 66000, et seq.), a city may collect from an applicant, as a condition of development approval, development impact fees on the basis that additional development generates an additional need for public facilities and services, including but not limited to police, parkland, community centers, fire department services, streets, and traffic signals. Development Impact Fees are restricted-use funds that cannot be used to fund existing deficiencies.

On March 19, 2024, the City Council reviewed a presentation and proposed changes to the City’s Development Impact Fee Schedule. Under the authority of the California Mitigation Fee Act, the City first adopted a Development Impact Fee (DIF) Schedule in 2005 to offset the incremental cost of new residential and commercial development impact on public infrastructure. Recent legislation, including but not limited to AB 68 (2019, Ting.

Land Use: accessory dwelling units) and AB 602 (2021, Grayson. Development Impact Fees: Fee Nexus Study) prompted the review of the City’s existing Development Impact Fee schedule and development of proposed changes.

DISCUSSION
In April 2022, the City Council authorized a Professional Services Agreement with NBS Government Finance Group in April 2022 to prepare a Development Impact Fee Study (“Nexus Study”). The Final Nexus Study was prepared and presented to the City Council on March 19, 2024. At that time, the Council received a presentation and provided direction regarding the following items:

1. Consideration to include an administrative fee;

2. Consideration to separate Parks Impact Funds and Traffic Impact Funds into distinct accounts for accounting purposes;

3. Consideration to include a Development Impact Fee reduction concept that would be further analyzed in the coming years; and

4. Direction to notice the matter for a Public Hearing.

After receiving this direction, staff noticed the Development Impact Fee for the Council’s further consideration and potential adoption.

BACKGROUND
Recent changes in state law prompted staff to revisit the City’s Development Impact Fee, including compliance with ADU-related regulations. For example, ADU regulations and AB 602 require that Development Impact Fees be charged proportionately to unit size, not by unit type.

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“Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.” (Gov. Code, § 65852.2, subd. (f)(3)(a).) ADU
“A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units in the development…. a local agency that imposes a fee proportionately to the square footage of units in the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by development.” (Gov. Code, § 66016.5, subd. (a)(5)(a).)
The Covina DIF Schedule currently categorizes residential development as Multi-Family or Single Family, regardless of unit size, resulting in two (2) fee options This categorization was typical of Development Impact Fee Studies until AB 602 in 2021, which requires that development impact fee studies conducted after January 1, 2022, be calculated on a housing project proportionately to the square footage of proposed units in the development. The Nexus Study (Attachment A) proposes to comply with this regulation by categorizing residential units by unit size in terms of square feet, resulting in six (6) tiers (see Table 1).

Table 1. Residential Development Comparison
Existing Residential Development Unit
Categories
Proposed Residential Development Unit
Categories
Multi-Family Residential less than 600 SF
Single-Family Residential >600-800 SF
>800-1,200 SF
>1,200-1,900 SF
>1,900-2,300 SF
>2,300 SF
Additional requirements under AB 602 include but are not limited to:
 The study must identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is necessary  If a nexus study supports a fee increase, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of the fees collected under the original fee.  Nexus studies must be updated every 8 years, from the period beginning January 1, 2022.

More information regarding recent legislation can be found in the report (Exhibit B of Attachment A). Consultant NBS Government Finance Group (“NBS”) utilized a standard-based method to prepare the nexus study for all existing impact fee categories. This method assesses the city’s existing level of service (“LOS”) and the level of service that would need to be maintained as the residential and service population grows, and demand for facilities and services grows in the City. Below is a summary of the methods used for each impact fee category under the Standard-based method and nexus findings as prepared by NBS.

Park Land Acquisition; Park Improvement
Applicable only to residential developments without subdivision. A residential development project proposing subdivisions is subject to Quimby, and Parkland development impact fees are not applied in those cases.

Method used (S-2,S-3)
o Fees based on the City’s existing ratio of parkland to population (acres per capita) and estimated cost per acre for parkland (cost per capita). Banna Park was used in the calculation.  Land cost per capita x cost per acre for Banna Park Site.

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Nexus Findings (3-7)
o Purpose: Mitigate the impact of new residential development on the need for parks in Covina o Use: provide additional parks to mitigate the impacts of new residential development in the City. Fees may also be used for temporary loans from one impact fee fund or account to another. o Reasonable relationship (use of fee & the development type on which it is imposed): used to provide additional parks or park improvements to serve the needs of the added population associated with new residential development.
o Reasonable Relationship (need for facilities and type of development on which the fee is imposed):

New development increases the need for parks to maintain existing LOS. Without additional park space, an increase in population associated with new development would result in a reduction in LOS provided to Covina residents.
o Reasonable relationship (proposed fee & the cost attributable to new development): Impact fees calculated in this chapter depend on the estimated increase in population per unit type. Fees are based on the average population per unit type, thus, fees charged to a new development project reflect the impact of that project on the need for parks in the city.

Community/Recreation Centers
Applicable only to residential development
Method Used (S-3)
o Fees calculated in the study are based on the City’s existing LOS, defined as the relationship between the existing population and the replacement cost of existing community and recreation center facilities.  Cost per capita x population per unit
Nexus Findings (4-4)
o Purpose: mitigate the impact of new residential development on the need for community /recreation facilities.
o Use: provide additional community/recreation facilities to mitigate the impacts of new residential development. May be used for temporary loans from one impact fee fund to another. o Reasonable Relationship (use of the fee & development on which it is imposed): provide additional community/recreation facilities to serve additional population associated with new residential development.
o Reasonable Relationship (need for facilities & development on which it is imposed): new development increases the need for community/recreation facilities to maintain the existing LOS.

Without additional facilities, the increase in population associated with new residential development would result in a reduction in the LOS provided by the City. o Reasonable Relationship (amount of the fee and the facility cost attributable to the development project): the fees for this category depend on the estimated increase in population per unit (residential development). Fees are based on the average population per unit type, thus, fees charged to a new development project reflect the impact of that project on the need for parks in the city.

Library
Library impact fees only apply to residential development.

Method Used (S-4)
o Fees based on the City’s existing LOS, defined as the relationship between the existing population and the replacement cost of existing library facilities and materials (cost per capita)  Cost per capita x population per unit
Nexus Findings (5-5)
oPurpose: mitigate the impact of new residential development on the need for library facilities in Covina. o Use: Provide additional library facilities/materials to mitigate the impacts of new residential development in Covina.

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oReasonable Relationship (use of the fee & development on which it is imposed): will be used to provide additional library facilities/materials to serve the needs of the additional population associated with new residential development in the City.
oReasonable Relationship (need for facilities & development on which it is imposed): new development increases the need for libraries to maintain the existing LOS. Without additional library facilities/materials, the increase in population with new residential development would result in a reduction in the LOS provided to all Covina residents.
oReasonable Relationship (amount of the fee and the facility cost attributable to the development project):
the amount of this fee depends on the estimated increase in population per unit (residential). The fees per unit are based on the estimated average population per unit, thus, the fee reflects the impact of a project on the need for libraries in the City.

General Government Facilities
Applicable to residential and non-residential development Method Used (S-4)
oFees based on the City’s existing LOS, defined as the relationship between the existing service population and the replacement cost of existing facilities (cost per capita of service population).  Cost per capita of service population x service population per unit Nexus Findings (6-6)
oPurpose: to mitigate the impact of new development on the need for general government facilities in Covina.
o Use: provide additional general governmental facilities to mitigate the impacts of new development in the City. May also be used for temporary loans from one impact fee or account to another. oReasonable Relationship (use of the fee & development on which it is imposed): will be used to provide additional general governmental facilities, vehicles, and equipment to serve the needs of new development in Covina.
oReasonable Relationship (need for facilities & development on which it is imposed):
oReasonable Relationship (amount of the fee and the facility cost attributable to the development project): the amount of the fee depends on the estimated increase in service population per unit (residential or per 1,000 SF for non-residential types), thus, the fee charged to a development project reflects the impact of that project on the need for general governmental facilities in the City.

Police Department Facilities
Applicable to residential and non-residential development Methods Used (S-4)
oFees based on the City’s existing LOS, defined as the relationship between the replacement cost of existing Police Department facilities, vehicles, and equipment, and the number of calls for service per year received by the department (cost per call for service per year)  Cost per call x number of calls per unit per year
Nexus Findings (7-5, 7-6)
oPurpose: to mitigate the impact of new development on the need for Police facilities in Covina. o Use: to provide additional or improved Police facilities, and additional vehicles and equipment to mitigate the impacts of new development in the City. May also be used for temporary loans from one impact fund to another.
oReasonable Relationship (use of the fee & development on which it is imposed): will be used to provide additional or improved Police facilities, and additional vehicles/equipment to serve the needs of new development.
oReasonable Relationship (need for facilities & development on which it is imposed): new development increased the need for Police facilities to maintain the existing LOS. Without additional/improved Police facilities, the increase in demand associated with the new development would result in a reduction in the LOS provided to all development in the City.

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oReasonable Relationship (amount of the fee and the facility cost attributable to the development project): the amount of fees imposed depends on the number of calls for service per unit (residential unit or per 1,000 SF non-residential) per year. Fees are based on the estimated number of calls per unit per year, thus, the fee charged to a development project reflects the impact of that project on the need for Police facilities in the City.

Fire Protection Facilities
Applicable to residential and non-residential development Methods Used (S-4,S-5)
o Fees based on existing LOS, defined as the relationship between the replacement cost of existing facilities and the number of calls for service per year (cost per call for service per year). o Does not include firefighting apparatus and vehicles, since those are provided through the county.  Cost per call x number of calls per unit per year
Nexus Findings (8-5, 8-6)
o Purpose: to mitigate the impact of new development on the need for Fire Department Facilities in Covina.
o Use: to provide additional or improved Fire Department facilities to mitigate the impacts of new development facilities in Covina.
o Reasonable Relationship (use of the fee & development on which it is imposed): will be used to provide additional or improved Fire Department facilities to serve the needs of new development in Covina.
o Reasonable Relationship (need for facilities & development on which it is imposed): New development increases the need for Fire Department facilities to maintain the existing LOS.

Without additional or improved Fire Department facilities, the increase in demand associated with new development would result in a reduction in the LOS provided to all development in the City. o Reasonable Relationship (amount of the fee and the facility cost attributable to the development project): the amount of the fee depends on the number of calls for service per unit per year associated with the new development category. Fees are based on the estimated number of estimated calls as noted above associated with a development type thus, the fee charged to a new development reflects the impact of that project on the need for Fire Department facilities in Covina.

Street Improvements and Traffic Signals
Applicable to residential and non-residential development Method Used (S-5)
o Fess based on existing LOS in the City, defined as the relationship between the replacement cost of existing arterial and collector streets and traffic signals and the number of peak hour vehicle trips per day generated by existing development in the City (cost per peak hour trip)  Cos per peak hour trip x number of peak hour trips per unit Nexus Findings (5-5)
o Purpose: to mitigate the impact of new development on the need for streets and traffic signal facilities in Covina.
o Use: to provide street improvements and traffic signals to mitigate the impacts of new development on Covina’s street system. May also be used for temporary loans from one impact fee fund to another. o Reasonable Relationship (use of the fee & development on which it is imposed): will be used to provide street improvements and traffic signals to mitigate the impacts of new development in Covina. o Reasonable Relationship (need for facilities & development on which it is imposed): new development generates additional vehicle traffic that increases the need for street capacity and traffic signals to maintain the existing level of service. Without additional street improvements and traffic signals, the increase in demand associated with new development would result in a reduction LOS to all development in the City.

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Covina City CouncilJuly 16, 2024

Covina City Council
July 16, 2024