Covina City Council
December 3, 2024

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, December 3, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall

IMPORTANT NOTICE
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum Channel 29 and Frontier Channel 42. To view from the website, click here or scroll down on the home page and click "City Meetings", once on the page, click the highlighted word next to Video Library under the City Council Meeting Agendas and Minutes header. A live banner will appear at the start of the meeting.

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

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

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

Pages

CLOSED SESSION

CALL TO ORDER
Council/Agency/Authority Members: Walter Allen, III, Patricia Cortez, Hector Delgado, Mayor Pro Tem/Vice Chair Victor Linares, and Mayor/Chair John C. King

PUBLIC COMMENTS
The public is invited to comment on Closed Session items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:

A. Government Code § 54956.9(d)(1) – CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Regarding BKK Corporation Landfill in West Covina, California B. Government Code § 54956.8 - CONFERENCE WITH REAL PROPERTY

NEGOTIATORS
Property: North-east corner of East Front Street and N. 1st Avenue, Covina, CA (APN: 8430-018-004)
Agency Negotiator: Chris Marcarello, City Manager
Brian Lee, Community Development Director
Negotiating Parties: Seats Trust, Owner
Under Negotiation: Price and Terms of Payment
C. Government Code § 54957.6 – CONFERENCE WITH LABOR

NEGOTIATORS
Agency Designated Representative:

Chris Marcarello, City Manager
Update on negotiations with the various Employee Organizations:

Police Association of Covina (PAC); Police Management Group (PMG); and Police Supervisors of Covina (PSC)
RECESS
JOINT MEETING—OPEN SESSION 7:30 PM

RECONVENE AND CALL TO ORDER

ROLL CALL
Council/Agency/Authority Members: Walter Allen, III, Patricia Cortez, Hector Delgado, Mayor Pro Tem/Vice Chair Victor Linares, and Mayor/Chair John C. King

PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Linares

INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro

CLOSED SESSION REPORT

PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard

when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

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

CITY MANAGER COMMENTS

CONSENT CALENDAR PUBLIC COMMENTS
The public is invited to comment on Consent Calendar items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

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

CC 1. Minutes 5
Staff Recommendation:

Approve the Minutes of the November 19, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 2. Payment of Demands 17
Staff Recommendation:

Approve Payment of Demands in the amount of $4,809,163.32.

CC 3. Resolution CC 2024-114 Accepting an Easement for Domestic Water Utility Purposes with the Development of Property at 1201 W. Badillo Street 23 Staff Recommendation:

Adopt Resolution CC 2024-114 accepting an easement for domestic water utility purposes with the development of property at 1201 W. Badillo Street.

CC 4. Authorize the City Manager to Execute a Fuel Station Use Agreement between the City of Covina and the Covina Valley Unified School District for Use of the City’s Fuel Station Located at the Public Works Yard, 534 North Barranca Avenue
33 Staff Recommendation:

Authorize the City Manager to Execute a Fuel Station Use Agreement between the City of Covina and the Covina Valley Unified School District for a period of five (5) years.

CC 5. Amendment No. 4 Extending Janitorial Service Agreement and Increase Hourly Rate
43

Staff Recommendation:

Approve Amendment No. 4 Extending the Janitorial Service Agreement for the Covina Police Station and Increasing the Hourly Rate.

CC 6. Purchase of Cyber Security Equipment/Software and Staff Training 47 Staff Recommendation:

Approve the Purchase of Cyber Security Equipment/Software from Intelli-Tech and Staff Training from Technology Staffing Solutions.

CC 7. Adoption of Resolutions Relating to Annexation of Territory to CFD 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, & Setting the Public Hearing Date for January 21, 2025 (831 W. Cypress Street, Covina/Annexation 36)
49 Staff Recommendation:

Adopt City Resolution CC 2024-112, declaring intention to authorize the annexation of territory to Community Facilities District (CFD) No. 2007-1 (Public Services); and

1. Adopt City Resolution CC 2024-113, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).

2. PUBLIC HEARINGS
PH 1. Consideration of Resolutions Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 35), and to Call and Hold a Special Election (747 North Barranca, Covina)
65 Staff Recommendation:

City Council to open the public hearing and consider public testimony and close the public hearing; and

1. Adopt Resolution CC 2024-115, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 35) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

2. Adopt Resolution CC 2024-116, calling a special election and submitting to the voters of Annexation No. 35 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 35 to finance public services, and the establishment of an appropriations limit; and

3. Adopt Resolution CC 2024-117 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 35.

4. ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for December 17, 2024, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 E. College St., Covina, California, 91723.

1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
November 19, 2024, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor/Chair John C. King
Councilmembers Absent: Mayor Pro Tem/Vice-Chair Victor Linares Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Interim Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Treasurer Neil Polzin (Elected Member) Interim Finance Director Theresa Franke
_____________________________________________________________________

2 CLOSED SESSION

CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM

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

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Allen.

INVOCATION
Given by Covina Police Chaplain Jim Allgaier.

PRESENTATIONS
A. SVGCOG Update
Principal Management Analyst for the San Gabriel Valley Council of Governments (SGVCOG) Mackenzie Bolger presented updates from the SGVCOG to the City Council. In response to an inquiry from Councilmember Allen, Principal Management Analyst Bolger informed the City Council that no housing program developments have been proposed within the City boundaries.

B. Pink Patch Presentation
Police Chief Povero provided information on the success of the Pink Patch Project fundraiser. Chief Philanthropy Officer for Emanate Health Greg Lehr provided more information on the fundraiser and thanked those who participated.

Management Analyst Eunicee Sierra presented the donation check to Chief Philanthropy Officer Lehr.

C. Law Enforcement Records and Support Personnel Day
Mayor King and Police Chief Povero recognized the law enforcement records and support staff for their hard work keeping the Police Department running efficiently.

PUBLIC COMMENTS
Resident Norma Salinas commented regarding issues with the pavement of a private road at Calvados Estates and requested City assistance with the matter.

Dora Gomez, President of Project 29:11, thanked the members of the City Council who attended their luncheon fundraiser and the Mayor for the speech he gave at the event. Ms. Gomez also provided information on local nonprofit programs and events she has been involved with.

3 COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Delgado wished everyone a great holiday next week and gave kudos to Ms.

Gomez for the fundraiser event.

Councilmember Allen thanked Linda Logan the committee responsible for the Field of Valor event for their work. He also gave kudos to Police Chief Povero and his staff for supporting the Field of Valor event and their effort with the Pink Patch Project. Councilmember Allen stated his satisfaction with certain results from the November 5, 2024, General Election. Lastly, he informed the community of the City Council's stance regarding the proposed six story housing development in the unincorporated area of the City.

CITY MANAGER COMMENTS
City Manager Marcarello requested the City Council remove Consent Calendar item CC 18 from consideration and have the item return at a later date. City Manager Marcarello turned the floor over to Police Chief Povero who provided a break down of the Police Department locker room renovation and thanked the City Council and City Manager for their support on the project.

CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
Mayor King echoed Councilmember Allen's comments regarding how well done the Field of Valor event was. He also wished the community a happy Thanksgiving. Mayor King highlighted Consent Calendar items CC 10, CC 13, CC 15, CC 21, and CC 25, noting the following: continued public improvements including traffic safety enhancements on Puente St. and San Jose Ave., the use of grant funding for new playground equipment at Hollenbeck Park, completion of the Police Department locker room renovation, completion of water infrastructure repair in the Covina Heights area, storm water improvements and tree planting along Covina Blvd., and multiple upcoming street resurfacing projects. He also highlighted Consent Calendar item CC 24 and expressed his excitement for a new mural in the downtown area. He also invited the community to the City's Tree Lighting Ceremony, taking place on Friday, November 21, 2024, at 6:00 p.m., at Heritage Park, which will include horse drawn carriages, photos with Santa, and arts and crafts.

Lastly, Mayor King also reminded the community to save the date on Saturday, December 7, 2024, at 6:30 p.m., for the 73rd Annual Christmas Parade set to take route on Badillo St. between Citrus Ave. and Hollenbeck Ave.

CC 1. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Minutes of the September 17, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (4 to 0); Linares Absent

4 CC 2. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Minutes of the October 15, 2024, Special Closed Session Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (4 to 0); Linares Absent
CC 3. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Minutes of the October 15, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (4 to 0); Linares Absent
CC 4. Payment of Demands
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve Payment of Demands in the amount of $8,773,468.86.

Approved (4 to 0); Linares Absent
CC 5. City of Covina Investment Report for Month Ended October 31, 2024 Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Receive and File.

Approved (4 to 0); Linares Absent
CC 6. First Amendment to Professional Services Agreement with Robert Half Talent Solutions
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Authorize City Manager to execute the First Amendment to Professional Services Agreement with Robert Half Talent Solutions, a California Corporation.

Approved (4 to 0); Linares Absent
CC 7. Allocating Unallocated FY 24-25 Community Development Block Grant (CDBG) Funds to the "Residential Rehabilitation Program" Project D96164- 24, and “Downtown Neighborhood Business Workforce Augmentation Program” Project 602621-24

5 Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Adopt Resolution CC 2024-103, Authorizing an Increase to the FY 24-25 Community Development Block Grant for Projects D96164-24 and 602621-24, and Amending the FY 2024-2025 Community Development Budget to reflect these changes; and

2. Authorize the City Manager or his designee to execute documents related to the FY 2024-2025 CDBG funds.

Approved (4 to 0); Linares Absent
CC 8. Second Amendment to the Inspection and Confidentiality Agreement between Frontier California Inc. and the City of Covina Relating to the Properties Located at 175 E. Center Street and 176 E. Badillo Street Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Authorize the City Manager to execute a Second Amendment to the Inspection and Confidentiality Agreement.

Approved (4 to 0); Linares Absent
CC 9. First Amendment to Professional Services Agreement with CIR, Inc.

Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Approve First Amendment to Professional Services Agreement with CIR, Inc.; and

2. Approve Resolution CC 2024-107 Appropriating $87,836.76 to the General Fund’s Building Division for Contracted Services.

Approved (4 to 0); Linares Absent
CC 10. Frontage Median Bioswale Installation Project – Project No. P2502 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Accept the work performed by Siterep Construction Services, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for the Frontage Median Bioswale Installation Project – Project No. P2502 Approved (4 to 0); Linares Absent
CC 11. Approval of Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

6 Authorize the City Manager to execute the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2022.

Approved (4 to 0); Linares Absent
CC 12. Consideration of a Side Letter Agreement between the City of Covina and the American Federation of State, County and Municipal Employees Local 3325, Affiliated with AFSCME District Council 36
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
That the City Council adopt Resolution CC 2024-108, authorizing the City Manager to execute a Side Letter Agreement between the City of Covina and the American Federation of State, County and Municipal Employees (“AFSCME”) Bargaining Group, revising Article 8.4 Advancement Through Salary Range.

Approved (4 to 0); Linares Absent
CC 13. PD Locker Room Renovation Project – Project No. F2301 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Accept the work performed by BBS Construction, Inc;

2. Authorize the City Clerk to file a Notice of Completion for the PD Locker Room Renovation Project – Project No. F2301; and

3. Approve Resolution CC 2024-106 appropriating $117,899.37 from Measure CC Fund Balance to be transferred into the Building Maintenance Fund for project completion.

Approved (4 to 0); Linares Absent
CC 14. Purchase Agreement/Purchase Order Authorization for (1) New Truvac HXX 18” Vacuum Excavator Truck (Vactor Truck) for the Department of Public Works – Water Division
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Authorize the City Manager to execute a Purchase Agreement/Purchase Order Authorization with Haaker Equipment Company for the purchase of one (1) New 2024 Truvac HXX 18” Vacuum Excavator Truck (Vactor Truck) in an amount notto-exceed $750,512.54.

Approved (4 to 0); Linares Absent

7 CC 15. Installation of All-Way Stop Intersection at Puente Street and San Jose Avenue between 2nd Avenue and Barranca Avenue
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
That the City Council approve the Traffic & Mobility Advisory Commission’s recommendation to install an All-Way Stop Intersection at Puente Street and San Jose Avenue between 2nd Avenue and Barranca Avenue.

Approved (4 to 0); Linares Absent
CC 16. First Amendment to the Professional Services Agreements for On-Call Engineering Consultant Services
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Authorize the City Manager to execute the First Amendment to the Professional Services Agreements between the City of Covina and On-Call Engineering Consultant Services for the period of July 1, 2024 through June 30, 2026 with the option of two one-year extensions increasing the not-to-exceed value from $150,000 per fiscal year to $300,000 per fiscal year.

Approved (4 to 0); Linares Absent
CC 17. First Amendment to Professional Services Agreement with Five Point Design for On-Call Planning Consulting and Landscape Plan Check Services Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve First Amendment to Professional Services Agreement with Five Point Design.

Approved (4 to 0); Linares Absent
CC 19. Resolution CC 2024-105 Approving and Recordation of Parcel Map No. 84018 (Covina Village) Located at 1000 N. Azusa Avenue
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Adopt Resolution CC 2024-105 approving the recordation of Parcel Map No. 84018 (Covina Village) located at 1000 N. Azusa Avenue.

Approved (4 to 0); Linares Absent
CC 20. Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508 – Award of Contract to Gentry Brothers, Inc. in the Amount of $1,910,443
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

8 1. Approve plans and specifications for the Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508;

2. Award a contract for the Barranca Avenue Street Resurfacing Project - Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508 to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $1,910,443 and authorize the City Manager to execute the contract;

3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc for Construction Management & Inspection Services for a not-to-exceed amount of $92,560 and authorize the City Manager to execute the agreement;

4. Award a Professional Services Agreement (PSA) to Willdan Engineering for Pavement Analysis & Testing for a not-to-exceed amount of $35,000 and authorize the City Manager to execute the agreement; and

5. Authorize a project contingency amount of $250,000 for any unforeseen construction expenses.

Approved (4 to 0); Linares Absent
CC 21. Water Main Upgrade – Covina Heights Water Improvements Project – Project No. W2401 – Final Acceptance and Filing Notice of Completion Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Accept the work performed by Gentry Brothers, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for the Water Main Upgrade – Covina Heights Water Improvement Project – Project No.

W2401.

Approved (4 to 0); Linares Absent
CC 22. Mobile Radio Purchase
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the purchase of Twenty-four (24) Kenwood mobile radios in the amount of $171,851.58 from Foothill Communications and waive competitive bidding requirement.

Approved (4 to 0); Linares Absent
CC 23. Accept Funding Award for 2023 State Homeland Security Grant Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Adopt Resolution CC 2024-109 to increase the Police Department’s 2024- 25 budget by $92,830 resulting from the 2023 State Homeland Security Award;

9 2. Authorize the City Manager or his designee to sign the 2023 State Homeland Security (SHSP) sub-recipient award agreement and all related documents; and

3. Approve the purchase of Motorola radio equipment offered through the reimbursable State of California FY 2023 Homeland Security Program (SHSP).

Approved (4 to 0); Linares Absent
CC 24. Agreement between the City of Covina and AQMNI LLC for Creation of a Mural at 124 E. College Street
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Authorize the execution of an Agreement between the City of Covina and AQMNI LLC in an amount not-to-exceed $45,841 for the creation of a mural on the eastern exterior wall of 124 E. College Street, and authorize the City Manager to execute the Agreement and other pertinent documents, and take such actions as are necessary to administer the Agreement; and

2. Authorize the execution of a License Agreement between the City of Covina and Dr. Dimitris Constantinou for the temporary use of a portion of his property located at 128 E. College Street to facilitate the installation of the mural.

Approved (4 to 0); Linares Absent
CC 25. Acceptance and Use of Los Angeles County Regional Park & Open Space District Measure A Funds for Playground Equipment at Hollenbeck Park & Appropriating from Available Sanitary Sewer Fund for Use Towards New Restroom Acquisition and Installation
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Adopt Resolution CC 2024-110 Accepting and Appropriating $275,141.39 in Measure A Funding into the City’s Parks Capital Improvement Program Fund and appropriating $420,000 from Sanitary Sewer Fund – Fund Balance for use towards the Playground Equipment Purchase and Demolition, Acquisition, and Installation of New Restrooms at Hollenbeck Park; and

2. Authorize the City Manager to execute change orders as necessary with a revised contingency amount of $825,000 for Green Giant Landscape, Inc. utilizing Grant Funds and Sanitary Sewer Funds.

Approved (4 to 0); Linares Absent
CC 26. Office of Traffic Safety Grant
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

10 1. Approve Resolution CC 2024-104 accepting $30,000 in grant funding from the State Office of Traffic Safety and increase the police department budget to appropriate said funding; and

2. Authorize the City Manager or his designee to execute the grant agreement.

Approved (4 to 0); Linares Absent
CC 27. Approve the Annual Report and Establish the Date, Time, and Place for the Public Hearing for the Calendar Year 2025 Annual Assessment of the Downtown Covina Business Area Enhancement District (BAED) Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

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

2. Adopt Resolution CC 2024-111, declaring its intent to levy an annual assessment for the calendar year 2025 in the Downtown Covina Business Area Enhancement District, and establish the date, time and place for the public hearing.

Approved (4 to 0); Linares Absent

CONSENT CALANDER ITEM REMOVED FROM CONSIDERATION
CC 18. Award Minor Construction & Maintenance Services Agreement to Sky JTC Corporation (dba Sky Painting) for the Painting of the Fuel Station and Various Buildings at the Public Works Yard
Award Minor Construction & Maintenance Services Agreement for the Public Works Yard Fuel Station and Building Painting Project to Sky Painting in the amount of $76,590.00 and authorize the City Manager to execute the Agreement.

NEW BUSINESS
NB 1. Covina Irrigating Company - Board of Directors Appointments Staff Recommendation:

Provide Direction of the Current Covina Irrigating Company Board of Directors to Represent the City of Covina
The agenda report was provided by City Manager Marcarello.

Discussion included the potential conflict of a board member serving on multiple water boards that interact with each other, the term start date of the new appointment, allowing City staff to be appointed to the potentially vacant board seat, the vacation date of the board seat, and the next meeting date for the Covina Irrigating Company.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Allen

1. Remove Jorge Marquez from the Covina Irrigating Company Board of Directors, effective immediately; and

11 2. Appoint City Engineer Rafael Fajardo to the Covina Irrigating Company Board of Directors, effective immediately.

Approved (4 to 0); Linares Absent

ADJOURNMENT
At 8:21 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in honor of Susan May, former principal at a number of Covina Valley Unified School District schools and active community member, to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, December 3, 2024, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.
_______________________________
Fabian Velez, Chief Deputy City Clerk
_____________________________
John C. King, Mayor/Chair

CITY OF COVINA AND

SUCCESSOR AGENCY TO THE

COVINA REDEVELOPMENT AGENCY

AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: December 3, 2024
Title: Payment of Demands
Presented by: Theresa Franke, Interim Director of Finance Recommendation: Approve Payment of Demands in the amount of $4,809,163.32 EXECUTIVE SUMMARY/BACKGROUND:

Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:

Accounts Payable Warrants November 1, 2024 – November 14, 2024 CITY checks/EFTs $ 3,709,872.57
CITY payroll $ 1,099,191.95
CITY voids $ (10,401.12)
Worker’s Comp $ 10,178.41
$ 4,808,841.81
SACRA checks/EFTs $ 99.38
SACRA payroll $ 222.13
$ 321.51
TOTAL checks/EFTs $ 4,809,163.32
DISCUSSION:

The attached reports have been reviewed by the Interim Director of Finance.

FISCAL IMPACT:

Sufficient funding is available and the related costs are included in the Fiscal Year 24/25 budget.

Respectfully submitted,

CITY OF COVINA
Check Register
Nov 1, 2024 - Nov 14, 2024
Check # Check Date Vendor Name Amount
5984 11/07/2024 4003 MidAmerica 2,577.86
5985 11/07/2024 1364 HOME DEPOT CREDIT SERVICES 8,025.43 20882 11/07/2024 788 COVINA, CITY OF 52,051.33
20883 11/07/2024 789 COVINA-FSA, CITY OF 570.84
20884 11/07/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 33,904.13 20885 11/07/2024 788 COVINA, CITY OF 95.71
20886 11/07/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20887 11/07/2024 487 CalPERS 95,032.87
20888 11/07/2024 487 CalPERS 6,994.22
subtotal EFT/wires/direct deposits $206,752.39
123881 11/06/2024 113 ALL CITY MANAGEMENT SVC 15,609.60 123882 11/06/2024 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 123883 11/06/2024 430 BUILDING ELECTRONIC CONTROLS 213.75 123884 11/06/2024 437 BURRO CANYON ENT INC 100.00
123885 11/06/2024 654 CITRUS CAR WASH 29.99
123886 11/06/2024 970 EDISON CO 103,656.50
123887 11/06/2024 1235 GRAINGER 259.57
123888 11/06/2024 1241 GRAND PRINTING 216.09
123889 11/06/2024 1361 HOLLIDAY ROCK CO INC 1,683.06
123890 11/06/2024 1437 INTER-CON SECURITY SYSTEMS INC 9,082.73 123891 11/06/2024 1614 LA CNTY FIRE DEPARTMENT 1,102,450.60 123892 11/06/2024 1663 LAW ENFORCEMENT MEDICAL 1,425.00 123893 11/06/2024 1933 MISSION LINEN SUPPLY 18.96
123894 11/06/2024 2270 PLUMBING WHOLESALE OUTLET 102.63 123895 11/06/2024 2329 PUENTE READY MIX INC 1,072.89
123896 11/06/2024 2415 REPUBLIC MASTER CHEFS 282.05
123897 11/06/2024 2621 SGV POLICE CHIEFS' ASSOC 400.00
123898 11/06/2024 2676 SMART AND FINAL IRIS CORP 1,604.75 123899 11/06/2024 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 370.40 123900 11/06/2024 2855 SPECTRUM 100.99
123901 11/06/2024 2855 CHARTER COMMUNICATIONS 146.73
123902 11/06/2024 2953 URBAN FUTURES INC 8,275.00
123903 11/06/2024 2958 USPS - POC ACCOUNT #8098154 1,099.08 123904 11/06/2024 3134 XEROX CORPORATION 1,490.58
123905 11/06/2024 3185 TOSHIBA FINANCIAL SERVICES 832.92 123906 11/06/2024 3274 WILLDAN 3,000.00
123907 11/06/2024 3614 PAPER RECYCLING AND SHREDDING SPECIALISTS INC 800.00 123908 11/06/2024 3729 SUNBELT RENTALS INC 356.18
123909 11/06/2024 3988 LANDSCAPE WAREHOUSE III 16.90
123910 11/06/2024 4077 INTERWEST CONSULTING GROUP INC 6,853.50 123911 11/06/2024 4209 ADLERHORST INTERNATIONAL 484.00
123912 11/06/2024 4246 FERGUSON WATERWORKS #1083 157.27 123913 11/06/2024 4350 RKA Consulting Group 20,665.00
123914 11/06/2024 4360 MOORE IACOFANO GOLTSMAN, INC. 7,501.25 123915 11/06/2024 4455 FRONTIER 852.41
123916 11/06/2024 4714 CIR, Inc. 38,924.27
123917 11/06/2024 4764 UniFirst Corporation 371.90
123918 11/06/2024 4765 AMC Modern IT 2,754.06
123919 11/06/2024 4833 Michael R. Hillmann 1,950.00
123920 11/06/2024 4885 ELIE FARAH 700.00
123921 11/06/2024 5011 Excel Office Services 437.07
123922 11/06/2024 5095 LensLock Inc 104,319.65
Attachment A Page 1 of 4

CITY OF COVINA
Check Register
Nov 1, 2024 - Nov 14, 2024
Check # Check Date Vendor Name Amount
123923 11/06/2024 5108 DocuSign, Inc. 13,537.80
123924 11/06/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 92,837.50 123925 11/06/2024 5233 RODENT PEST TECHNOLOGIES 135.19
123926 11/06/2024 5291 AMAZON CAPITAL SERVICES, INC 73.15 123927 11/06/2024 5420 GMT 3,300.00
123928 11/06/2024 5508 ROADLINE PRODUCTS INC USA 4,295.73 123929 11/06/2024 5528 JAKE MARTINEZ 840.00
123930 11/06/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 123931 11/06/2024 5537 CHEYNE BURRIS INC 2,802.74
123932 11/06/2024 5583 MIXAM INC 1,213.02
123933 11/06/2024 5594 MADISON LIQUIDATORS LLC 3,655.89 123934 11/06/2024 99999 ALANA SPECTOR 51.66
123935 11/06/2024 99999 JAMES AND JENNIFER MCGEE 500.00 123936 11/06/2024 99999 ROOF MASTER COMPANY 383.68
123937 11/07/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,102.64 123938 11/07/2024 69 AFSCME District Council 36 693.41
123939 11/07/2024 775 COVINA POLICE ASSOCIATION 2,950.00 123940 11/07/2024 878 DELTA DENTAL OF CALIFORNIA 9,273.52 123941 11/07/2024 1106 FRANCHISE TAX BOARD 100.00
123942 11/07/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 123943 11/07/2024 3846 CLEA 1,088.00
123944 11/07/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,696.27 123945 11/07/2024 4710 Fidelity Security Life Insurance Company 1,007.00 123946 11/13/2024 84 AIRGAS-WEST 735.02
123947 11/13/2024 219 AT&T 401.38
123948 11/13/2024 239 AUTOZONE INC 170.41
123949 11/13/2024 477 EMPLOYMENT DEVELOPMENT DEPT 3,689.00 123950 11/13/2024 649 CINTAS CORP #693 389.63
123951 11/13/2024 654 CITRUS CAR WASH 139.96
123952 11/13/2024 703 UNIQUE PRINTING 38.59
123953 11/13/2024 749 BOHL PH.D., NANCY K. 700.00
123954 11/13/2024 771 COVINA IRRIGATING CO 310,294.82
123955 11/13/2024 894 DF POLYGRAPH 800.00
123956 11/13/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 172.50 123957 11/13/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 12,628.50 123958 11/13/2024 970 EDISON CO 16,831.13
123959 11/13/2024 1204 GOLDEN STATE WATER COMPANY 1,213.40 123960 11/13/2024 1235 GRAINGER 650.35
123961 11/13/2024 1255 GRISWOLD INDUSTRIES 1,538.92
123962 11/13/2024 1361 HOLLIDAY ROCK CO INC 244.59
123963 11/13/2024 1417 IMS COMMERCIAL ICE SYSTEM REGRIGERATION 437.24 123964 11/13/2024 1605 COUNTY OF LOS ANGELES 268.00
123965 11/13/2024 1707 LIEBERT CASSIDY WHITMORE 19,563.00 123966 11/13/2024 1710 LIFELOC TECHNOLOGIES INC 149.00
123967 11/13/2024 1759 LU'S LIGHTHOUSE INC 121.44
123968 11/13/2024 1933 MISSION LINEN SUPPLY 18.96
123969 11/13/2024 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 10,697.61 123970 11/13/2024 2329 PUENTE READY MIX INC 918.54
123971 11/13/2024 2415 REPUBLIC MASTER CHEFS 365.69
123972 11/13/2024 2444 RIO HONDO COLLEGE 150.00
123973 11/13/2024 2800 T MOBILE USA 377.07
123974 11/13/2024 2935 UNDERGROUND SERVICE ALERT 246.43 Attachment A Page 2 of 4

CITY OF COVINA
Check Register
Nov 1, 2024 - Nov 14, 2024
Check # Check Date Vendor Name Amount
123975 11/13/2024 2954 URBAN GRAFFITI ENTERPRISES INC 6,795.36 123976 11/13/2024 2966 V & V MANUFACTURING 909.56
123977 11/13/2024 3052 WATERLINE TECHNOLOGIES INC 1,530.21 123978 11/13/2024 3102 WILLDAN FINANCIAL SERVICES 8,500.00 123979 11/13/2024 3163 GENTRY BROTHERS INC 1,295,289.47 123980 11/13/2024 3185 TOSHIBA FINANCIAL SERVICES 1,182.92 123981 11/13/2024 3300 SOUTHERN COUNTIES FUELS 195.81
123982 11/13/2024 3584 ENTERPRISE SECURITY INC 6,325.65 123983 11/13/2024 3701 DEPARTMENT OF JUSTICE 488.00
123984 11/13/2024 3988 LANDSCAPE WAREHOUSE III 10.76
123985 11/13/2024 4209 ADLERHORST INTERNATIONAL 484.00
123986 11/13/2024 4247 UNITED WATER WORKS INC 1,608.94
123987 11/13/2024 4332 ERIC ARROYO 2,700.00
123988 11/13/2024 4349 Intelli-Tech 28,100.00
123989 11/13/2024 4448 FS CONTRACTORS, INC. 51,282.90
123990 11/13/2024 4455 FRONTIER 5,911.84
123991 11/13/2024 4488 WILCOX SUPPLY INC 1,928.44
123992 11/13/2024 4564 NATIONAL UNION FIRE INSURANCE COMPANY 765.00 123993 11/13/2024 4571 POWER SECURITY GROUP INC 11,851.00 123994 11/13/2024 4582 USABLUEBOOK 732.67
123995 11/13/2024 4676 Hill Brothers Chemical Company 1,201.74 123996 11/13/2024 4694 Leslie's Poolmart Inc 1,088.16
123997 11/13/2024 4704 S & J Supply Company, Inc. 856.36 123998 11/13/2024 4764 UniFirst Corporation 162.15
123999 11/13/2024 4766 HASA, INC. 3,696.67
124000 11/13/2024 4793 Goforth & Marti 13,066.20
124001 11/13/2024 4817 Weck Analytical Environmental Services, Inc. 144.00 124002 11/13/2024 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 124003 11/13/2024 4977 Enterprise FM Trust 7,743.33
124004 11/13/2024 4983 Ad Valorem Records,Inc. 340.00
124005 11/13/2024 5135 HYDRAULIC CRANES LLC 1,166.00
124006 11/13/2024 5137 MasterCorp Commercial Services LLC 4,578.79 124007 11/13/2024 5138 Ricoh USA, Inc. 299.63
124008 11/13/2024 5186 Dash Platform, LLC 117.94
124009 11/13/2024 5228 ODP BUSINESS SOLUTIONS, LLC 127.21 124010 11/13/2024 5280 ALDERMAN & HILGERS LLP 8,321.20
124011 11/13/2024 5291 AMAZON CAPITAL SERVICES, INC 110.21 124012 11/13/2024 5336 ABI DOCUMENT SUPPORT SERVICES LLC 483.40 124013 11/13/2024 5350 TESS ELECTRIC INC 720.00
124014 11/13/2024 5420 GMT 275.00
124015 11/13/2024 5464 ADVANCE STORES COMPANY INC 23.91 124016 11/13/2024 5484 ACTIVE SAN GABRIEL VALLEY 2,550.00 124017 11/13/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 14,197.57 124018 11/13/2024 5553 SOUTHERN TIRE MART LLC 323.03
124019 11/13/2024 5588 PRIME ACTUARIAL CONSULTING, LLC 5,200.00 124020 11/13/2024 99999 ARACELI MALDONADO 400.00
124021 11/13/2024 99999 CINDY J SKOLASKI 51.00
124022 11/13/2024 99999 CINDY SKOLASKI 48.00
124023 11/13/2024 99999 DILLON FLORES 272.49
124024 11/13/2024 99999 DILLON FLORES 309.40
124025 11/13/2024 99999 RYAN DAVIS 178.45
124026 11/13/2024 99999 TREVOR COOK 130.20
Attachment A Page 3 of 4

CITY OF COVINA
Check Register
Nov 1, 2024 - Nov 14, 2024
Check # Check Date Vendor Name Amount
124027 11/13/2024 99999 YWCA OF SAN GABRIEL VALLEY 250.00 subtotal checks $ 3,503,219.56
104736 02/18/2021 767 COVINA DOWNTOWN ASSOCIATION $ (4,289.00) 106071 05/20/2021 767 COVINA DOWNTOWN ASSOCIATION $ (3,974.00) 114618 02/02/2023 2444 RIO HONDO COLLEGE $ (25.00)
114727 02/08/2023 99999 FRANCIS FERNANDEZ $ (110.00)
114730 02/08/2023 99999 YING GUO $ (80.00)
114921 02/23/2023 99999 EMERITA JARAMILLO $ (167.55)
114923 02/23/2023 99999 EVERARDO FRANCISCO ROMO $ (22.91) 114926 02/23/2023 99999 GOLDEN PICK $ (29.01)
114927 02/23/2023 99999 GOLDEN PICK $ (18.90)
114929 02/23/2023 99999 JAMES TAYLOR $ (80.00)
114940 02/23/2023 99999 SHERLOCK WHEELOCK $ (16.38)
115104 03/09/2023 5328 PUBLIC AGENCY RISK MANAGEMENT ASSOCIATION $ (350.00) 115120 03/16/2023 245 AVILA, MONIQUE $ (152.01)
115327 03/22/2023 99999 ANDREW SANCHEZ $ (45.00)
115336 03/22/2023 99999 KELSEY PORTALES $ (45.00)
115340 03/22/2023 99999 NIKKI MOORE $ (101.00)
115467 03/30/2023 99999 SILVERIO RIVAS JR. $ (45.00)
115468 03/30/2023 99999 STANLEY SPOONER $ (45.00)
115552 04/05/2023 99999 BRANDON LOPEZ $ (43.23)
115566 04/05/2023 99999 MARGARITA BARRERA $ (55.95)
115678 04/13/2023 99999 MAXIMILIANO GUZMAN $ (10.00)
115866 04/26/2023 99999 RYAN SAVALLA $ (65.64)
115977 05/03/2023 99999 CHRISTOPHER ANDERSON $ (130.00) 115981 05/03/2023 99999 XAVIER VALENCIA (140.28)
116039 05/10/2023 99999 GAMALIEL PADILLA $ (45.00)
116048 05/10/2023 99999 LETICIA SANDOVAL $ (105.00)
116050 05/10/2023 99999 OLIVIA FLORES $ (45.00)
116051 05/10/2023 99999 OWEN EMERSON $ (30.26)
116055 05/10/2023 99999 ROBERTO MEDINA $ (45.00)
116061 05/10/2023 99999 XIOMARA SANDINO $ (45.00)
116206 05/17/2023 99999 JOSE CATALAN $ (45.00)
subtotal voids $ (10,401.12)
payroll (11/07/24) $ 1,099,414.08
payroll (//) $ -
workers' compensation $ 10,178.41
TOTAL checks/EFTs $4,809,163.32
Attachment A Page 4 of 4

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: December 3, 2024
Title: Resolution CC 2024-114 Accepting an Easement for Domestic Water Utility Purposes with the Development of Property at 1201 W. Badillo Street
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Adopt Resolution CC 2024-114 accepting an easement for domestic water utility purposes with the development of property at 1201 W. Badillo Street.

EXECUTIVE SUMMARY:

Resolution CC 2024-114 (Attachment A) is presented for the City Council’s consideration to accept an easement for domestic water utility purposes with the development of property at 1201 W. Badillo Street.

BACKGROUND:

On December 13, 2022, the Planning Commission approved Site Plan Review Case (SPR) 21-83 to demolish ten (10) existing residential units and construct a new 28-unit, 3-story, multi-family residential development on a

1.27-acre property located at 1201 W. Badillo Street.

DISCUSSION:

The proposed development at 1201 W. Badillo Street is required to dedicate a domestic water utility easement adjacent to Badillo Street to the City of Covina in order to install a compound water meter facility that is required for the development.

The proposed easement dedication is depicted on the location map (Attachment B) and Exhibit B of the Easement Deed (Attachment C). The property owner has submitted the executed easement dedication documents to the City for formal acceptance.

FISCAL IMPACT:

There are fiscal impacts to the City associated with the acceptance of the easement dedication. The developer will be responsible for the costs associated with the installation of the water improvements. The City will be responsible for the future on-going maintenance of the compound water meter but those costs will be covered by the monthly water fees paid by the property owner.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

During the review process, the Planning Commission determined that the proposed project qualified for a Categorical Exemption from environmental review under Section 15332 (Class 2) – In-Fill Development of the California Environmental Quality Act (CEQA) Guidelines.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-114

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

CALIFORNIA, ACCEPTING A WATER EASEMENT FOR DOMESTIC

WATER UTILITY PURPOSES ASSOCIATED WITH THE
DEVELOPMENT OF PROPERTY AT 1201 W. BADILLO STREET
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, an application was submitted to the City of Covina in order to demolish ten (10) existing residential units and construct a new 28-unit, 3-story, multi-family residential development on a 1.27-acre property; and
WHEREAS, Site Plan Review Case (SPR) 21-83, was principally approved by the Planning Commission on December 13, 2022; and
WHEREAS, it has been found that SPR 21-83 conforms to the California Environmental Quality Act (CEQA); and
WHEREAS, SPR 21-83 is required to dedicate a domestic water utility easement adjacent to Badillo Street to the City of Covina in order to install a compound water meter facility that is required for the development; and
WHEREAS, the property owner and developer have submitted the executed easement dedication documents to the City for formal acceptance.

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

SECTION 1. The City Council does hereby find that SPR 21-83 conforms to CEQA.

SECTION 2. The City Council does hereby approve and accept the dedication to the City of Covina of a water easement on the subject property located at 1201 W. Badillo Street for domestic water utility purposes.

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 3
rd day of December, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor

Resolution CC 2024-114 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 2024-114 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 3
rd day of December, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Denotes Easement Dedication
ATTACHMENT B – LOCATION MAP
1201 W. BADILLO STREET
Lark Ellen Avenue
Badillo Street

ATTACHMENT
B

ATTACHMENT C

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: December 3, 2024
Title: Authorize the City Manager to Execute a Fuel Station Use Agreement between the City of Covina and the Covina Valley Unified School District for Use of the City’s Fuel Station Located at the Public Works Yard, 534 North Barranca Avenue Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Authorize the City Manager to Execute a Fuel Station Use Agreement between the City of Covina and the Covina Valley Unified School District for a period of five (5) years.

EXECUTIVE SUMMARY/BACKGROUND:

Owned and operated by the City of Covina, the fuel station located at the Public Works Yard is used to store and dispense motor fuel to supply the needs of City-owned vehicles and operating equipment. Beginning in 1997, the the Covina Valley Unified School District (CVUSD) was authorized to use the City’s fuel station as a means to refuel their fleet as well. On July 5, 2005, the City of Covina and CVUSD entered into a formal Fuel Use Agreement for the fueling of District-owned vehicles and equipment. On July 1, 2008, this agreement was extended for an additional three (3) years by Letter of Agreement, and once more by a second amendment on July 13, 2011, for a period of three (3) years. City and CVUSD staff recently discovered the use agreement had expired and now see fit to reestablish a Fuel Use Agreement for a five (5) year term.

DISCUSSION:

The new Fuel Use Agreement (Attachment A) reestablishes the conditions under which CVUSD may utilize the Fuel Use Station at the Public Works Yard. The CVUSD shall have access to the station between the hours of 7:00 a.m. and 4:00 p.m., Monday through Thursday, except for City holidays and other City closure dates. The Fuel Station provides 87 octane unleaded gasoline and Number 2 Diesel Fuel and both will be available for consumption by CVUSD vehicles. Though the City owns and operates a Compressed Natural Gas (CNG) Station, its usage by the CVUSD is not included in this Agreement. The City recommends a five (5) year term for the agreement, after which the City may reevaluate the terms and renew the agreement for an additional five (5) years.

FISCAL IMPACT:

A rate of 6% will be added to the City’s wholesale fuel cost to cover the City’s overhead expenses as related to the administration of this service and will collected in the Equipment/Vehicle Operation fund (Account No. 70106010-46430).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

FUEL STATION USE AGREEMENT
SECTION 1. PARTIES; EFFECTIVE DATE
This Fuel Station Use Agreement (“Agreement”) is dates as of July 1, 2024 for reference purposes only, and entered into by and between the City of Covina, a California municipal corporation (“City”), and the Covina Valley Unified School District, a California unified school district (“District”). This Agreement will not become effective until the date (“Effective Date”) on which (1) it is approved by the City Council of the City and executed by the authorized representative of City, and (2) it is approved by the governing Board of District and executed by the authorized representative of District.

SECTION 2. RECITALS

2.1 City owns and operates fueling station (“Station”) at City’s Public Works Yard located at 534 North Barranca Avenue, Covina, California 91723, for the purposes of storage and dispensing of motor vehicle fuel to supply the needs of City-owned vehicles and equipment operating on City projects and business.

2.2 District desires to utilize the Station for fueling District-owned vehicles and equipment operating on District projects and business.

2.3 By entry into this Agreement, City hereby consents to District’s use of the Station for the purposes described above and on those terms and conditions herein.

SECTION 3. TERMS

3.1 License and Right of Use. City hereby grants to District a nonexclusive license to enter upon the Station and further grants to District a nonexclusive right to purchase fuel at the Station. District shall use the Station solely for the fueling of District-owned vehicles and equipment which are operated for District projects and business, and not for any other vehicles or equipment, unless agreed to in writing by City. The Station may be used by District’s authorized officer, officials, employees, contractors and agents (collectively referred to as “District Personnel”), provide that such District Personnel using the Station have been properly trained in the Station’s use, as set forth in Section 3.8 below.

3.2 Term and Termination. The initial term (“Initial Term”) of this Agreement shall commence on the Effective Date and shall remain in effect for five (5) years thereafter, unless sooner terminated as provided below. Either Party may affirmatively terminate this Agreement, with or without cause, by serving a written notice of termination upon the other Party not less than thirty (30) calendar days prior to the date of termination. The City may, upon mutual agreement, extend the contract for five (5) additional years.

3.3 Time of Use. District shall have the right to use the Station and purchase fuel thereon only between the hours of 7:00 a.m. and 4:00 p.m., Monday through Thursday, except for City holidays and other days that City is closed. The Parties herby acknowledge that the City of Covina is closed every Friday.

District shall be responsible for obtaining and maintaining a schedule of City’s days of operation for its own reference.

ATTACHMENT A

3.4 City and District Representatives. City herby designates the Public Works Director, or a designee thereof, to act as its representative for the performance of this Agreement (City’s Representative”). City’s Representative shall have the power to act on behalf of City for all purposes under this Agreement. District hereby designates Manuel Correa, CPA, Chief Business Officer, or a designee thereof, to act as its representative for the performance of this Agreement (“District’s Representative”).

District’s Representative shall have the power to act on behalf of District for all purposes under this Agreement.

3.5 City to Provide Fuel – Shortages and Emergencies. Subject to the provisions of this Agreement, City shall operate and maintain the Station in good condition and repair so that District may make reasonable use of the Station consistent with the terms of this Agreement. City shall provide the following fuels at the Station for District use:
• 87 octane unleaded gasoline;
• Number 2 diesel fuel
City does not warrant the quality of the fuel at the Station and District expressly understands that fuel quality may vary, from time to time, depending upon the types and formulas of fuel provided to City by its supplier. City reserves the right to obtain and dispense other fuels at the Station, in its sole and absolute discretion, but shall not be obligated to do so. The City also currently operates a Compressed Natural Gas (CNG) fueling station that is open to the public during the City Public Works Yard hours of operation. The City CNG station is not subject to this Agreement. If City offers other fuels at the Station for sale, City shall notify District in writing of such other fuels and District shall thereafter have the same right to purchase those other fuels on the same terms and conditions contained in this Agreement.

If there is a fuel shortage or constraint, whether due to riot, war, strike, acts of public enemy, embargo, legal action, subsequent legislation or court decision, or any other event beyond the reasonable control of City, which restricts City’s ability to perform under this Agreement, City shall in good faith attempt to provide written notice to District at least forty-eight (48) hours prior to such event, if possible. Nevertheless, City shall provide such written notice as soon as reasonably feasible either prior to or after the event occurs.

The Parties acknowledge that in the event of a fuel shortage or constraint, City vehicles and equipment shall have first priority of receiving fuel from the Station and District shall only have the right to fuel its vehicles and equipment at the Station to the extent reserve fuel remains after City’s needs are met. In the event that reserve fuel is not available to District, City may suspend fueling service to District until the shortage or constraining conditions are resolved. In the event that the fuel shortage or constraint last longer than ninety (90) calendar days following the date of City’s written notice to District, City may, upon ten (10) calendar days’ written notice to District, terminate this Agreement.

3.6 Closure of Station. The Parties acknowledge that, from time to time, City may be required to close the Station. In the event that City must close the Station, City shall provide District with the following notice:
• For closures due to regularly scheduled maintenance of the Station, or for minor capital improvements or upgrades to the Station that will require a closure of three (3) working days or less, City shall provide District with not less than fifteen (15) calendar days written notice of the closure and of the intended date of reopening.

• For closures due to major capital improvements or upgrades to the Station that will require a closure of more than three (3) working days, City shall provide District with not less than sixty (60) calendar days written notice of the closure and of the intended date of reopening. • For immediate closures due to an emergency, City shall notify District of the closure as soon as feasible, by any reasonable means (telephone, facsimile, letter), either before or after the closure. When the emergency is over, City shall notify District as soon as feasible, by any reasonable means, when the Station is to be reopened.

3.7 Payment for Fuel. District shall pay to City for all fuel purchased at the Station during any month, an amount equal to the actual cost of purchased fuel, plus six percent (6%) of the actual cost of purchased fuel, plus any applicable Federal and state taxes on purchased fuel.

On the fifth (5th) working day of each month, City shall invoice District for fuel purchased by District for the previous month. The invoice shall include a written data report from the Station’s automated dispensing equipment illustrating the amount of fuel purchased by District during the previous month. Within thirty (30) calendar days following the date of the invoice, District shall remit payment to City in the amount set forth in the invoice. District shall pay the full amount indicated in the invoice within the time frame stated above and shall then attempt to resolve the dispute with City as set forth below.

For all applicable Federal and state fuel taxes, District shall pay said taxes to City as a part of its overall monthly bill. If City is subsequently reimbursed by the Federal or state governments for overpaid fuel taxes, City shall reimburse District for District’s proportional share of reimbursed fuel taxes within thirty (30) calendar days following City’s receipt of reimbursed fuel taxes. District is responsible for providing its exemption certificate or any other annual fuel tax filings to City by July 1st each year.

The parties acknowledge that City has expended significant capital funding for the construction and upgrade of the Station and may elect to recoup said costs through the imposition of a Capital Facilities Surcharge upon all fuel sold at the Station. In the event that the City council elects to impose a Capital Facilities Surcharge on the sale of Station fuel, City shall promptly notify District, in writing, of this fact and each monthly invoice shall subsequently reflect the Capital Facilities Surcharge in the amount owing for fuel purchased. District shall remit, along with all other amounts owing, its proportionate share of the Capital Facilities Surcharge. The Capital Facilities Surcharge charged to District shall not exceed 15¢ per gallon of fuel purchased by District.

The amount of fuel purchased by District in any particular month shall be as determined by City’s automated fuel dispensing equipment at the Station. In the event that District disputes the calculation of fuel purchased in any particular month or any other matter with respect to fuel payment, District’s Representative shall promptly notify City’s Representative and the Parties shall initially attempt to informally resolve the dispute. In the event City’s and District’s Representatives cannot resolve the dispute, City’s City Manager and District’s Superintendent shall meet and confer in good faith in an attempt to resolve the dispute. In the event City’s City Manager and District’s Superintendent cannot resolve the dispute, the Parties may refer the matter to mediation, arbitration, or may pursue any available legal remedies in a court of law.

3.8 Safety – Use of Station Only by Trained District Personnel. Prior to District’s use of the Station, City’s Representative shall conduct an initial training session with District Personnel who will use the Station in order to familiarize District Personnel with applicable Station safety procedures, use of

City’s automated fuel dispensing equipment and other operational requirements for safe and effective use of the Station in accordance with this Agreement.

District shall ensure that no untrained District Personnel will use the Station or any equipment thereon.

After City conducts the initial training session, District shall be responsible for the training of further District Personnel who may use the Station.

District shall be responsible for the safe driving, parking and operation of District vehicles and equipment fueling at the Station. District shall ensure that all District Personnel follow all applicable Station safety and operations procedures.

3.9 Fuel Access Keys. Fuel Access Keys are programmed for particular vehicles or pieces of equipment. District shall only use the Fuel Access Keys for those particular vehicles or pieces of equipment.

Fuel Access Keys shall only be used for District vehicles and equipment conducting District projects or business and not for personal use of District Personnel. Improper use of Fuel Access Keys shall constitute a material breach of this Agreement and shall be grounds for immediate termination of this Agreement.

Worn Fuel Access Keys shall be returned by District to City and City shall promptly issue a new Fuel Access Key to District as a substitute. Upon receipt, District shall pay to City an amount equal to the actual production cost of the replacement Fuel Access Key. Lost or stolen Fuel Access Keys will be replaced by City at a cost of One Hundred Dollars ($100.00) each. Intentionally damaged Fuel Access Keys will be replaced by City at a cost of Two Hundred Fifty ($250.00) each.

In the event that this Agreement is terminated, District shall return all Fuel Access Keys to City within five (5) calendar days following the date of termination.

3.10 Release and Indemnification. District, for itself, its officers, officials, employees, contractors and agents, hereby waives, releases, discharges and agrees not to sue City, its officers, officials, employees and agents for any claims, damages, costs, attorney’s fees, or causes of action which it has or may have in the future, whether in a court of law, arbitration panel, administrative tribunal, or any other forum, as a result of damages, injuries, including wrongful death, sustained, incurred or arising from any actual or alleged acts, omissions or willful misconduct of District, its officers, official, employees, contractors and agents, consultants and contractors arising out of or in connection with this Agreement.

District is aware of California Civil Code Section 1542, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
District hereby waives any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect.
_______________
District’s Initials
Further, District shall defend (with legal counsel reasonable acceptable to City), indemnify and hold City, and it’s officers, officials, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,

including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of District, its officials, officers, employees, contractors and agents arising out of or in connection with this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses.

3.11 Insurance. Throughout the Term of the Agreement, District shall obtain and maintain at its sole cost and expense, the following insurance for its Personnel engaged the performance of this Agreement:
• Comprehensive general liability insurance with coverage of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence (and not “claims made”) for bodily injury, personal injury and property damage;
• Automobile liability insurance with coverage of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence (and not “claims made”) for bodily injury, personal injury and property damage;
• Workers Compensation liability insurance with coverage limits required by the Labor Code of the State of California.

If any form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. District shall cause City, its officers, officials, employees and agents, to be named as additional insureds on said policies and shall obtain a waiver of the insurer’s right of subrogation against City as to all policies.

All policies are to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. District shall provide City with written proof of the existence of such insurance and the commitment of the insurance carrier (either by policy endorsement or similar agreement) to notify City in writing thirty (30) calendar days before any reduction in coverage or the cancellation of such insurance. Such policies shall also contain an endorsement to the effect that any failure of District to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its officials, officers, employees and agents.

All insurance coverage required herein shall apply on a primary non-contributing basis in relation to any insurance or self-insurance available or applicable to City. All insurance coverage required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officers, officials, employees or agents.

District may self-insure to satisfy any of the obligations set forth in this Section 3.11, provided that District’s self-insurance provides the same levels of coverage required under this Section 3.11 and, such selfinsurance is satisfactory to City, exercising its reasonable discretion.

On January 15 of each year that this Agreement remains in effect, District shall recertify to City, with written documentation satisfactory to City, that it continues to maintain insurance coverage as required by this Section 3.11.

3.12 Damages and Remedies. Upon either city’s or District’s breach of an obligation under this Agreement, City and District shall have the right to pursue all legal and equitable actions as provided under California law.

3.13. Audit by State of California. Pursuant to and in accordance with the provisions of Government Code Section 8546.7, or any amendments thereto, all books, records and files of District and City connected with this Agreement shall be subject to the examination and audit of the State Auditor of the State of California, for a period of three (3) years after final payment is made under this Agreement.

City and District shall preserve and cause to be preserved such books, records and files for the audit period.

SECTION 4. STANDARD TERMS

4.1 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns, as applicable.

4.2 Construction of Agreement. This Agreement shall be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting hereof.

4.3 Amendment/Modification. No change or modification of the terms or provisions of this Agreement shall be valid unless in writing and signed by both Parties.

4.4 Governing Law/Venue. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. Any litigation or arbitration regarding this Agreement will be brought in Los Angeles County Superior Court or conducted in Los Angeles County.

4.5 Attorney’s Fees. In the event of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing Party in any such action or proceeding shall be entitled to attorneys’ fees and costs.

4.6 Counterparts. This Agreement may be executed in counterparts and when so executed by the Parties, shall become binding upon them and each such counterpart will be an original document.

4.7 Integration. This Agreement supersedes all prior agreements and understandings between the Parties relating to the subject matter hereof. Neither of the Parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other Party.

4.8 Severability. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, then the Parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement.

4.9 Further Assurances. Each of the Parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the Parties hereto.

4.10 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

City: City of Covina
Public Works Department
534 North Barranca Avenue
Covina, CA 91723
Attn: Director of Public Works
District: Covina Valley Unified School District
519 East Badillo Street
Covina, CA 91723
Attn: Manuel Correa, CPA, Chief Business Officer

Such notices shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
[SIGNATURE PAGE FOLLOWS]

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
District:

The Covina Valley Unified School District,
a California Unified School District
By:

Name:

Title:

By:

Name:

Title:

ATTEST:
________________________________
District Secretary
APPROVED AS TO LEGAL FORM:

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: December 3, 2024
Title: Amendment No. 4 Extending Janitorial Service Agreement and Increase Hourly Rate Presented by: David Povero, Chief of Police
Recommendation: Approve Amendment No. 4 Extending the Janitorial Service Agreement for the Covina Police Station and Increasing the Hourly Rate.

EXECUTIVE SUMMARY:

On July 19, 2022, City of Covina entered into an agreement with MasterCorp Commercial Services LLC for Janitorial Services at the Covina Police Department. It was a one-year agreement with two additional one-year extensions as an option. The police station is a 24-7 facility where all areas see heavy traffic and utilization, thus making cleanliness an important priority. The City’s agreement with MasterCorp Commercial Services has the option for service to continue to July 19, 2025.

DISCUSSION:

The police station is a 24-7 facility where all areas see heavy traffic and utilization, thus making cleanliness an important priority. MasterCorp Services has met the expectations of the police station and desires to continue providing services to the City. Due to recent cost increases cleaning materials, equipment and State-mandated minimum wages, the vendor has requested that its service rate be increased by $169.41 beginning January 1, 2025. After review by Police Department staff, it has been determined that this request is reasonable. As proposed, beginning January 1, 2025, the new service rate will increase to $4,748.20 per month for the remainder of the agreement period.

FISCAL IMPACT:

This amendment is an extension of service for one last year as well as a rate increase. The current janitorial service cost is already included in the FY 2024-25 Police Department budget. The monthly service costs will increase by $169.41, effective January 1, 2025. This increase can be covered by the FY 2024-25 Police Budget in 1010 1000 52300 (janitorial) for the remaining six months of the fiscal year.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A

FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF COVINA

AND MASTERCORP COMMERCIAL SERVICES LLC
THIS FOURTH AMENDMENT to the Agreement to provide janitorial service (Agreement) is made and entered into as of December 3, 2024 by and between the City of Covina, (hereinafter referred to as “City”), and MasterCorp Commercial Services LLC (Contractor). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Fourth Amendment is made with the respect to the following facts and purposes:

A. The parties entered into that certain Professional Services Agreement for janitorial services with a term of July 19, 2022 through July 19, 2023 with the option to extend the agreement for two (2) additional one-year terms upon mutual agreement.

B. On December 20,, 2022 the First Amendment was approved by City Council increasing the monthly rate.

C. On July 18, 2023 the Second Amendment was approved by City Council extending the agreement for one year to July 19, 2024.

D. On December 5, 2023 the Third Amendment was approved by the City Council increasing the monthly rate.

E. The parties now desire to amend the agreement to modify the compensation sum and term.

2. Section 1 of the Agreement entitled “Term of Agreement” is hereby emended to read as follows:

“The term of this Agreement shall be from the Effective Date through July 19, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

3. Paragraph A of Section 2 of the Agreement entitled “Compensation” is hereby emended to read as follows:

“A. Compensation. As full compensation for Contractor’s Services provided under this Agreement, City shall pay Contractor a sum of Four Thousand Seven Hundred Forty Eight Dollars and Twenty Cents ($4,748.20) per month.”

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

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

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney
MasterCorp Commercial Services, LLC
By:

Name:

Title:

By:

Name:

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: December 3, 2024
Title: Purchase of Cyber Security Equipment/Software and Staff Training Presented by: David Povero, Chief of Police
Recommendation: Approve the Purchase of Cyber Security Equipment/Software from Intelli-Tech and Staff Training from Technology Staffing Solutions.

EXECUTIVE SUMMARY:

This purchase for Cyber Security Equipment and Software is from Intelli-Tech in the amount of $72,500 and staff training will be purchased from Technology Staffing Solutions in the amount of $12,960. The total is $85,460 which is the grant amount the City of Covina was awarded under the 2021 State Homeland Security Grant.

BACKGROUND:

On July 16, 2024, the City Council approved the purchase of cyber security equipment and software as well as well as staff training offered through the reimbursable State of California FY 2021 Homeland Security Grant Program (SHSP) in an amount not to exceed $85,460. Since that time the Police Department, in conjunction with the Information Technology Department, selected Intelli-Tech and Technology Staffing Solutions to provide the equipment and services. Intelli-Tech is a local business that has done similar scope of work for the City of La Verne and the City of San Dimas. They are also a vendor under the National Association of State Procurement Officials (NASPO) cooperative purchasing program which allow for public agencies to “piggy-back” on current state agreements on cyber security and technology. Technology Staffing Solutions has done staff training for the County of Los Angeles as well dozens of cities in California. The City of Covina currently utilizes them for staff training as needed.

DISCUSSION:

The purpose of this funding is to provide for the purchase of specialized /software equipment and staff training to enhance event and incident management and strengthen the ability of Law Enforcement to disrupt, deter, respond to and recover from terrorist acts.

It is requested that the City Council consider waiving competitive bid requirements per Municipal Code 2.20.175.

This section states that the purchase of professional and specialized services by persons, firms, companies or corporations shall be made on the basis of demonstrated competence and experience of the service provider and on the professional qualifications necessary for the satisfactory performance of the services required. The purchasing supervisor shall attempt to obtain information relating to prices and availability of such professional or specialized services from different sources prior to making the purchase, however neither formal nor informal bidding shall be required prior to the purchase of professional or specialized services.

FISCAL IMPACT:

No additional fiscal impact. Funds are already available in FY 2024-25 police department budget under fund 2278.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not Applicable.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: December 3, 2024
Title: Adoption of Resolutions Relating to Annexation of Territory to CFD 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, & Setting the Public Hearing Date for January 21, 2025 (831 W. Cypress Street, Covina/Annexation 36) Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Adopt City Resolution CC 2024-112, declaring intention to authorize the annexation of territory to Community Facilities District (CFD) No. 2007-1 (Public Services); and

2. Adopt City Resolution CC 2024-113, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).

EXECUTIVE SUMMARY:

On June 5, 2007, the City Council held a public hearing and formed Community Facilities District (CFD) 2007- 1 (Public Services). Pursuant to the Conditions of Approval for the development of ninety-seven (97) multi-family residences at 831 W. Cypress Street, the builder agreed to annex to the CFD, or to pay an in-lieu fee based on the financial impact on Police, Fire, Emergency and Parks services. The builder has opted to annex into the CFD.

Under the CFD, in Fiscal Year 2024-2025, any new multi-family residential units are charged $645.38 per unit per year for the following services: police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each parcel. The Special Tax authorized by the CFD shall be levied on all parcels for which building permits were issued on or before May 1 of the preceding fiscal year.

This program has been conceived with the intention that all future residential development, which results in a net increase of residential units, will annex to the CFD or pay an equivalent mitigation fee. Residential units constructed prior to formation of the CFD are not subject to the Special Tax.

DISCUSSION:

Resolutions that notice the intent of the City to annex property to the CFD, identify the boundaries of the proposed annexation, identify the types of services to be funded by the CFD, and notice that a public hearing will be held on January 21, 2025, where the City Council will consider the proposed annexation, are pursuant to the Conditions of Approval for the development of ninety-seven (97) new multi-family residences at 831 W. Cypress Street, Covina, California. The Assessor’s Parcel Numbers (APN) are a portion of 8421-001-061 and a portion of 8421- 001-016.

The purpose of the CFD is to finance the aforementioned public safety and park services that are in addition to those currently provided for the territory within the District. In Fiscal Year 2024-2025, the estimated amount for these services for ninety-seven (97) new multi-family residences is $62,601.86.

FISCAL IMPACT:

There are ninety-seven (97) multi-family residences in the proposed annexation area, of which 97 are subject to the special tax. The “Special Tax” authorized by the proposed annexation to Community Facilities District 2007- 1 (the “CFD”) will generate an estimate of $62,601.86 annually based on Fiscal Year 2024-2025 special tax rates

and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following services: police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

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,

ATTACHMENT A
RESOLUTION CC 2024-112

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE

ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), at this time desires to authorize the annexation of territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”) pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, CFD No. 2007-1 was formed to finance new police services, fire protection and suppression services, paramedic services, and park maintenance and other public services in addition to those provided in or required for the territory within CFD No. 2007-1 and will not be replacing services already available; and
WHEREAS, certain territory is proposed to be annexed to CFD No. 2007-1 and such territory shall be known and designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 36 (“Annexation No. 36”); and WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 36 into CFD No. 2007-1, to describe the territory proposed to be annexed, Annexation No. 36, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 36, to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 36 into CFD No. 2007-1; and WHEREAS, a map showing the boundaries of Annexation No. 36 proposed to be annexed has been submitted, and a copy of the map shall be kept on file with the transcript of these proceedings.

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

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Authorization. The proceedings for annexing Annexation No. 36 into CFD No. 2007-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act.

SECTION 3. Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 36 be added to CFD No. 2007-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No. 36 to CFD No. 2007-1.

Resolution CC 2024-112 Page 2 of 5
SECTION 4. Boundaries. A general description of the boundaries of Annexation No. 36 proposed to be annexed is as follows:

All that territory proposed to be annexed to CFD No. 2007-1, as such property is shown on a map designated as “Annexation Map No. 36 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California,” attached hereto as Exhibit “A” and hereby incorporated by reference.

Existing territory includes the following:

CFD General description of existing territory
Original area 1009 N. Citrus
Annexation #1 228 W. Center Street
Annexation #2 Vintage Walk 2
Annexation #3 451 E. Badillo
Annexation #4 1256 W. McGill Street
Annexation #5 Citrus Walk
Annexation #6 276 W. Dexter Street
Annexation #7 166 E. Center Street
Annexation #8 269-275 W. Center Street
Annexation #9 425 Center Street
Annexation #10 800 N. Banna Avenue
Annexation #11 735 Orange Circle
Annexation #12 308 S. Barranca Avenue
Annexation #13 1732 E. Ruddock Street
Annexation #14 1162 N. Citrus Avenue
Annexation #15 172 E. Center Street
Annexation #16 437 W. Center Street
Annexation #17 139 E. Puente Street
Annexation #18 310 W. Edna Place
Annexation #19 400 block of North Citrus Avenue
Annexation #20 245 E. Puente Street
Annexation #21 135 W. Center Street
Annexation #22 129-137 W. Orange Street
Annexation #23 155 E. San Bernardino Road
Annexation #24 449 S. Barranca Avenue
Annexation #25 546 N. Lark Ellen Avenue
Annexation #26 143 W. Center Street
Annexation #27 135 E. Badillo Street
Annexation #28 1060 W. San Bernardino Road, 1103 W. Badillo Street and 1111 W. Badillo Street
Annexation #29 707 N. Barranca Avenue
Annexation #30 342 S. Fourth Avenue

Resolution CC 2024-112 Page 3 of 5
Annexation #31 316 S. Barranca Avenue
Annexation #32 155 E. Covina Boulevard
Annexation #33 671 E. Puente Street
Annexation #34 831 N. Sunflower Avenue
Annexation #35 747 N. Barranca Avenue (in process)
Annexation #36 831 W. Cypress Street
SECTION 5. Name of District. The name of the district is “City of Covina Community Facilities District No. 2007-1 (Public Services)” and the designation for the territory to be annexed shall be “City of Covina Community Facilities District No. 2007-1 (Public Services), Annexation No. 36.”
SECTION 6. Services Authorized to be Financed by CFD No. 2007-1, Annexation No. 36.

The services that are authorized to be financed by CFD No. 2007-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2007-1 and Annexation No. 36 and will not be replacing services already available. A general description of the services to be financed by CFD No. 2007-1 and Annexation No. 36 is as follows:

PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2007-1 and Annexation No. 36. The Special Tax provides only partial funding for Public Services.

The same types of services which are authorized to be financed by CFD No. 2007-1 are the types of services to be provided in Annexation No. 36. If, and to the extent possible, such services shall be provided in common within CFD No. 2007-1 and Annexation No. 36.

SECTION 7. Special Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2007-1 and Annexation No. 36, and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 36, will be levied annually within the boundaries of such Annexation No. 36. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “B” (the “First Amended Rate and Method of Apportionment”), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 36 to clearly estimate the maximum amount that such person will have to pay.

Resolution CC 2024-112 Page 4 of 5
The special tax proposed to be levied within Annexation No. 36 for services to be supplied within Annexation No. 36 shall be equal to the special tax levied to pay for the same services in CFD No. 2007-1, to the extent that the actual cost of providing the services in Annexation No. 36 is equivalent to the cost of providing those services in CFD No. 2007-1. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher than the maximum special tax authorized to be levied pursuant to the First Amended Rate and Method of Apportionment.

The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City Treasurer.

The maximum special tax rate in CFD No. 2007-1 shall not be increased as a result of the annexation of Annexation No. 36 to CFD No. 2007-1.

SECTION 8. Public Hearing. Notice is given that on the 21st day of January, 2025, at the hour of 7:30 p.m., in the regular meeting place of the City Council being the Covina City Hall located at 125 E. College Street Covina, CA 91723, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 36 to CFD No. 2007-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 36 and all other matters as set forth in this Resolution of Intention.

At such public hearing, the testimony of all interested persons for or against the annexation of Annexation No. 36 or the levying of special taxes within Annexation No. 36 will be heard.

At such public hearing, protests against the proposed annexation of Annexation No. 36, the levy of special taxes within Annexation No. 36 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing.

SECTION 9. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2007-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 36, (c) owners of one-half or more of the area of land in the territory included in CFD 2007-1, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 36, file written protests against the proposed annexation of Annexation No. 36 to CFD No. 2007-1 and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the annexation of Annexation No. 36 to CFD 2007-1.

SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in a legally designated newspaper of general circulation, in the territory of Annexation No. 36 and CFD 2007-1 pursuant to Section 6061 of the Government Code. Said

Resolution CC 2024-112 Page 5 of 5
publication shall be completed at least seven (7) days prior to the date set for the public hearing and shall contain the information prescribed in Section 53322 of the Act.

SECTION 11. 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 3
rd day of December, 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 2024-112 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 3
rd day of December, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Exhibit A

EXHIBIT A TO RESOLUTION

ANNEXATION MAP

Exhibit B

EXHIBIT B TO RESOLUTION

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

Exhibit B

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1.
“Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement.
“Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.

Exhibit B
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts. “Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax.
“CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area. “County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F. “Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Exhibit B
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June

30. “Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as Multi-Family Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property.
“Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

Exhibit B
“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, MultiFamily Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

Exhibit B
E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

ATTACHMENT B
RESOLUTION CC 2024-113

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

CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY

PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2007-1; and
WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2007-1, said area to be designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 36 (hereafter referred to as “Annexation No. 36”).

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

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 36 to be subject to the levy of a special tax upon the annexation of such territory to CFD No. 2007-1 is hereby approved and adopted. Such map is designated by the name of “Annexation Map No. 36 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California.”
SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 36, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution of Intention fixing the time and place of the Public Hearing to annex Annexation No. 25 to CFD No. 2007-1, a copy of said map shall be filed with the correct and proper endorsements thereon with the Los Angeles County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Resolution CC 2024-113 Page 2 of 2
APPROVED and PASSED this 3
rd day of December, 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 2024-113 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 3
rd day of December, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: December 3, 2024
Title: Consideration of Resolutions Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 35), and to Call and Hold a Special Election (747 North Barranca, Covina) Presented by: Brian K. Lee, Director of Community Development Recommendation: 1. City Council to open the public hearing and consider public testimony and close the public hearing; and

2. Adopt Resolution CC 2024-115, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 35) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

3. Adopt Resolution CC 2024-116, calling a special election and submitting to the voters of Annexation No. 35 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 35 to finance public services, and the establishment of an appropriations limit; and

4. Adopt Resolution CC 2024-117 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 35.

EXECUTIVE SUMMARY:

At the October 15, 2024, City Council meeting, the Council adopted the boundary map showing territory proposed to be annexed as Annexation No. 35, and declared its intention to authorize the annexation of that territory to Community Facilities District (CFD) No. 2007-1 (Public Services).

The purpose of the CFD is to finance the public safety and park services that are provided to the territory within the District beyond that provided by the City generally. In Fiscal Year 2024-2025, it has been determined that the cost of these services, for each additional multi-family residential unit, will be $645.38 per year. This program has been conceived with the intention that all future residential development, which results in a net increase of non-exempted residential units, would be required to annex to the CFD. The project at 747 N. Barranca Avenue, Covina will have a total of seventy-five (75) new multi-family residential units. The special tax will be applicable to seventy-five (75) multi-family residential units in Annexation No. 35.

DISCUSSION:

The purpose of the public hearing is to 1) authorize the annexation of territory to the CFD (Annexation No. 35); 2) call and hold an election of property owners within the CFD, and 3) authorize the levy of a special tax within Annexation No. 35 to the CFD. The related resolutions are hereby presented to the City Council, pursuant to the Conditions of Approval for seventy-five (75) new multi-family residential units to be built at 747 N. Barranca Avenue, Covina, California.

Pursuant to the Conditions of Approval for development of a multi-family development at 747 N. Barranca Avenue, Covina, the applicant agreed to annex to the CFD, or to pay an in lieu fee based on the financial impact on Police, Fire, Emergency, and Parks services. The builder opted to annex into the CFD. Under the proposed CFD, in Fiscal Year 2024-2025, any newly constructed, non-exempted multi-family residential unit is charged

$645.38 per year for the following services: police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each unit. The Special Tax authorized by the CFD shall be levied on all units for which building permits were issued on or before May 1 of the preceding fiscal year.

FISCAL IMPACT:

The “Special Tax” authorized by the proposed Community Facilities District (CFD) will generate $48,403.50 annually, based on seventy-five (75) new multi-family residential units at the FY 2024-2025 tax rate of $645.38 per multi-family unit and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following additional services in the District: police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Staff has determined that the annexation of the does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(4) because such annexation involves the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

Respectfully submitted,

MAP REFERENCE
NUMBER

ASSESSOR'S PARCEL
NUMBER
1 8430-015-021
Nuala Pl
Ruby Red Dr
Edna Pl
Pomelo Ct
Lime Ln
Sunrise St
Lemon Ln
Calamansi Dr
Limoncello Ln
Cara Cara Ln
S Barranca Ave
N 1st Ave
E Hurst St
E Edna Pl
E Kelby St
Curtis Ave
E Hurst St
N 1st Ave
E Edna Pl
ANNEXATION MAP NO. 35
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)

CITY OF COVINA

COUNTY OF LOS ANGELES

STATE OF CALIFORNIA
SHEET 1 OF 1
FILED IN THE OFFICE OF THE CITY CLERK THIS ________
DAY OF ____________, 202_.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED BOUNDARIES OF ANNEXATION NO. 35 TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC

SERVICES), CITY OF COVINA, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY

COUNCIL OF THE CITY OF COVINA AT A REGULAR
MEETING THEREOF, HELD ON THE ________ DAY OF
_______________, 202__, BY ITS RESOLUTION NO.
_______________.
____________________________________________________

FABIAN VELEZ, CHIEF DEPUTY CITY CLERK

CITY OF COVINA
FILED THIS _______ DAY OF _____________, 202__, AT THE
HOUR OF __________ O'CLOCK __.M. IN THE BOOK ________

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, PAGE(S) ______ AND AS INSTRUMENT NO.
__________________ IN THE OFFICE OF THE COUNTY

RECORDER IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
__________________________

BY DEPUTY

COUNTY RECORDER

COUNTY OF LOS ANGELES

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC

SERVICES) OF THE CITY OF COVINA RECORDED WITH

THE LOS ANGELES COUNTY RECORDER'S OFFICE ON
MAY 18, 2007, AS DOCUMENT NO. 20071218337 IN THE

BOOK OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL

SHOWN ON THIS DIAGRAM SHALL BE THOSE LINES AND

DIMENSIONS AS SHOWN ON THE LOS ANGELES COUNTY
ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE LOS ANGELES COUNTY ASSESSOR'S MAPS SHALL

GOVERN FOR ALL DETAILS CONCERNING THE LINES AND
DIMENSIONS OF SUCH LOTS OR PARCELS.

LEGEND

ANNEXATION BOUNDARY
T1 MAP REFERENCE NUMBER
T1
¹
Attachment A

ATTACHMENT B
RESOLUTION CC 2024-115

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

CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (ANNEXATION NO. 35) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND

SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this Council, on October 15, 2024, adopted Resolution CC 2024-96 (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2007-1, and a description and map of the proposed boundaries of the territory to be annexed to CFD No. 2007-1 (“Annexation No. 35”), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the 3
rd of December, 2024, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2007-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2007-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2007-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2007-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2007-1, or (iii) owners of one-half or more of the area of land in the territory within CFD 2007-1 and not exempt from special tax, or (iv), owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2007- 1 and not exempt from the special tax; and
WHEREAS, a boundary map for Annexation No. 35 to CFD No. 2007-1 has been filed with the County Recorder of the County of Los Angeles, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

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

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Authorization. All prior proceedings taken by this Council with respect to CFD No. 2007-1 and the proposed annexation of territory thereto have been duly considered and

Resolution CC 2024-115 Page 2 of 4
are hereby determined to be valid and in conformity with the Act.

SECTION 3. Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2007-1, on file with the City Clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2007- 1, and said territory is hereby annexed to CFD No. 2007-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. Services. The services which CFD No. 2007-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2007-1 and the territory to be annexed to CFD No. 2007-1 and will not be replacing services already available.

A general description of the services to be financed is as follows:

PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for Public Services.

SECTION 5. Special Taxes. It is the intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2007-1 and the territory proposed to be annexed as part of Annexation No. 35, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 35, will be levied annually within the boundaries of Annexation No. 35 from and after the annexation of such property to CFD No. 2007-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2007-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2007-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within Annexation No. 35 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. Election. The provisions of the Resolution of Intention of the City, each as heretofore adopted by this Council, are by this reference incorporated herein as if fully set forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 35 shall be submitted to the voters within Annexation No. 35 at an election called therefore as

Resolution CC 2024-115 Page 3 of 4
hereinafter provided. This Council hereby finds that twelve (12) or more persons have not been registered to vote within Annexation No. 35 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 35 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 35.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under applicable sections of the California Elections Code, commencing with Section 4000 of said code with respect to elections conducted by mail. The Council called a special election to consider the measures described and incorporated in the ballot, attached as Exhibit “B,” which election was held on December 3rd, 2024, (hereafter referred to as “Election Day”). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2007-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 7:30 p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, has been waived by the voters and the date for the election hereinabove specified is established accordingly.

SECTION 7. 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 3
rd day of December, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Resolution CC 2024-115 Page 4 of 4

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-115 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 3
rd day of December, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Resolution CC 2024-115 Exhibit A

EXHIBIT A

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter

2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1.
“Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement. “Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts.
“Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax.
“CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area.
“County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F. “Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30.
“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as MultiFamily Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property. “Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property.
“Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, MultiFamily Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

Resolution CC 2024-115 Exhibit B

EXHIBIT B

SAMPLE BALLOT

OFFICIAL BALLOT

SPECIAL ELECTION
City of Covina
Community Facilities District No. 2007-1
(Public Services)
Annexation No. 35
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the Office of the City Clerk of the City of Covina no later than 7:30 p.m. on December 3, 2024, either by mail or in person. Ballots received after the special election with a postmark of the special election date, or earlier date, shall not be considered. The City Clerk’s office is located at 125 East College Street, Covina, California, 91723.

To vote, mark a cross (X) or a check mark in the voting square after the word “YES” or after the word “NO”. All distinguishing marks otherwise made are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Covina and obtain another.

Number of votes: 3 Property Owner: TH Barranca II, LLC
By: ____________________________
Richard Douglass
PROPOSITION A: Shall special taxes be levied annually on taxable property within the territory to be annexed into the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“Annexation No. 35”) and collected so long as the special taxes are needed to pay for police services, fire protection and suppression services, paramedic services, and park maintenance at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “B” to the Resolution of Intention, Resolution No. 07-6578, adopted by the City Council of the City of Covina on May 1, 2007, and as amended by Resolution No. 09-6743?
Yes
No
PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 35 to the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California, in the amount of $100,000 per annum?
Yes
No

ATTACHMENT C
RESOLUTION CC 2024-116

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

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE VOTERS OF ANNEXATION NO. 35 OF CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)

PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL
TAXES WITHIN ANNEXATION NO. 35 TO FINANCE PUBLIC

SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT
WHEREAS, pursuant to Section 53339.7 of the California Government Code the City Council (hereafter referred to as the “City Council”) of the City of Covina (the “City”) has adopted the resolution authorizing the annexation of territory to City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“CFD No. 2007-1”); and
WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2007-1 (“Annexation No. 35”) with respect to the levy of special taxes therein for the financing of public services within CFD No. 2007-1; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 35 the annual levy of special taxes on taxable property within Annexation No. 35; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of said Code, the City Council may also submit to the voters of Annexation No. 35 a proposition for the establishment of an appropriations limit for Annexation No. 35; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 35 for each of the ninety (90) days preceding December 3, 2024.

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

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2007-1 for each of the 90 days preceding the close of the public hearing on December 3, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2007-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 35 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 35 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code

Resolution CC 2024-116 page 2 of 4
for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on December 3, 2024, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on December 3, 2024.

SECTION 2. Call of Election. The City Council hereby calls and schedules an election for December 3, 2024, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 35 to CFD No. 2007-1 to finance public services within the CFD No. 2007-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 35 to CFD No. 2007-1.

SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation No. 35 at such special election shall be as follows:

Proposition A: Shall special taxes be levied annually on taxable property within the territory to be annexed into the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“Annexation No. 35”); and collected so long as the special taxes are needed to pay for police services, fire protection and suppression services, paramedic services, and park maintenance at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “B” to the Resolution of Intention, Resolution No. 07-6578, adopted by the City Council of the City of Covina on May 1, 2007, and as amended by Resolution No. 09-6743?
Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 35 to the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California, in the amount of $100,000 per annum? The First Amended Rate and Method of Apportionment is attached as Exhibit A.

SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 35 to CFD No. 2007-1 to pay for public services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 35 to CFD No. 2007-1 in the amount of $100,000 per annum shall be as follows:

Resolution CC 2024-116 page 3 of 4
(a) Pursuant to Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official, shall mail or deliver to each qualified elector an official ballot in the appropriate form, and shall also mail or deliver to all such qualified electors a ballot pamphlet, instructions to voter, and a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landownervoter. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voter shall inform them that the official ballot shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:30 p.m. on the 3
rd day of December, 2024; provided that if all
qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelope, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

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.

Resolution CC 2024-116 page 4 of 4
APPROVED and PASSED this 3
rd day of December, 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 2024-116 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 3
rd day of December, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Resolution CC 2024-116 Exhibit A

EXHIBIT A

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT
(Please see Exhibit A to Resolution CC 2024-116, Attachment B, in this same packet)

ATTACHMENT D
RESOLUTION CC 2024-117

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

CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES), ANNEXATION NO. 35
WHEREAS, the City Council of the City of Covina (the “City Council”), has previously formed a Community Facilities District pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2007-1 (Public Services) (hereafter referred to as CFD No. 2007-1); and
WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2007-1 (Public Services), Annexation No. 35 (hereafter referred to as “Annexation No. 35”); and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 35 has been received from the property owner or owners of such territory; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 35 for each of the ninety (90) days preceding December 3, 2024, therefore, pursuant to the Act the qualified electors of Annexation No. 35 shall be the “landowners” of Annexation No. 35 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 35 to the qualified electors of Annexation No. 35 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 35; and WHEREAS, the City Council adopted on December 3, 2024, a resolution entitled “Resolution of the City Council of the City of Covina, California, Calling a Special Election and Submitting to the Voters of Annexation No. 35 of City of Covina Community Facilities District No. 2007-1 (Public Services) Propositions Regarding the Annual Levy of Special Taxes within Annexation No. 35 to Finance Public Services, and the Establishment of an Appropriations Limit” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Annexation No. 35; and
WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the Special Election was held on December 3, 2024, and the City Clerk has on file a Certificate of Election Official and Statement of Votes Cast (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and

Resolution CC 2024-117 Page 2 of 3
WHEREAS, the measures voted upon did receive the favorable 2/3’s vote of the qualified electors, and the City Council desires to declare the results of the Special Election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 35 (hereafter referred to as the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Properties to be annexed and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

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

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Findings. This City Council does hereby determine as follows:
(a) The unanimous consent to the annexation of Annexation No. 35 to CFD No. 2007-1 has been given by all of the owners within Annexation No. 35 and such consent shall be kept on file in the Office of the City Clerk. (b) Twelve (12) or more registered voters have not resided within the territory of Annexation No. 35 for each of the ninety (90) days preceding December 3, 2024, therefore, pursuant to the Act the qualified electors of Annexation No. 24 shall be the “landowners” of such Annexation No. 35 as such term is defined in Government Code Section 53317(f). (c) Pursuant to the Certificate, the qualified electors of Annexation No. 35 have unanimously voted in favor of the levy of special taxes within Annexation No. 35 upon its annexation to CFD No. 2007-1 and the establishment of an appropriations limit for Annexation No. 35.

SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation No. 35 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. Declaration of Annexation. The City Council does hereby determine and declare that Annexation No. 35 is now added to and becomes a part of CFD No. 2007-1. The City Council, acting as the legislative body of CFD No. 2007-1, is hereby empowered to levy the authorized special tax within Annexation No. 35.

SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

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.

Resolution CC 2024-117 Page 3 of 3
APPROVED and PASSED this 3
rd day of December, 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 2024-117 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 3
rd day of December 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Resolution CC 2024-117 Exhibit A

EXHIBIT A

CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST

Resolution CC 2024-117 Exhibit A

CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF COVINA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF COVINA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions commencing with Section 53326 of the Government Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)
ANNEXATION NO. 35

SPECIAL ELECTION
in the City, held on December 3, 2024.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 35 to Community Facilities District No. 2007- 1 (Public Services) of the City of Covina for or against the Measure are full, true and correct.

NUMBER OF ELIGIBLE VOTES:

VOTES CAST ON PROPOSITION A: YES
NO
VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand this 3
rd day of December 2024.
_____________________________________
Chief Deputy City Clerk
City of Covina

Resolution CC 2024-117 Exhibit B

EXHIBIT B

ANNEXATION MAP
.

Resolution CC 2024-117 Exhibit C

EXHIBIT C

LIST OF PROPERTIES TO BE ANNEXED

Resolution CC 2024-117 Exhibit C

LIST OF PROPERTIES TO BE ANNEXED
ANNEXATION NO. 35
ASSESSOR PARCEL NO(S) 8430-015-021
Vesting Tract No.

N/A
Address
747 North Barranca Avenue
Covina, CA 91723
Landowner
TH Barranca II, LLC
450 Newport Center Drive, Suite 300,
Newport Beach, CA 92660