supervises and coordinates the allocation of assigned personnel and equipment in response to calls for service, and case investigations; spot checks staff work in the field and interviews citizens to see how calls were handled; inspects departmental equipment and ensures that deficiencies are corrected.
Reviews and evaluates work methods and procedures for improving organizational performance; assists in the training, motivation and evaluation of department personnel; conducts and participates in investigations involving department personnel; receives and reviews reports from subordinate staff; may conduct staff briefings and provide direction; monitors work activities to ensure safe work practices, quality and accuracy; participates in the preparation and maintenance of a wide variety of reports and records.
Represents the Department with other law enforcement services and allied agencies, other City departments, civic groups, and the public; testifies in court in connection with the prosecution of offenders.
May assist in the oversight of special programs such as departmental training and recruitment, Police Canine Unit, Special Response Team, Overnight Parking Enforcement Detail, school resources officers, crime prevention activities, volunteers, professional standards, crossing guards, and public information activities; supervises Records and Communications during nonbusiness hours. May fill in as Watch Commander when sergeant or lieutenant are not present to oversee daily patrol operations.
Establishes positive working relationships with representatives of community organizations, state/ local agencies and associations, City management and staff, and the public.
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
Position requires prolonged sitting, standing, walking, running, jumping, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires both near and far vision and acute hearing. Additionally, incumbents may work outdoors in all weather conditions, including wet, hot and cold. The position entails working in hazardous situations, and may involve abusive persons, potential physical violence and the potential risk of exposure to chemical and biological hazards in the performance of law enforcement duties. The nature of the work also requires the incumbent to drive motorized vehicles, operate a variety of law enforcement equipment, work in heavy vehicle traffic conditions and often work with constant interruptions. The need to lift 25 pounds or more is also required.
Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Police Corporal. A typical way of obtaining the required qualifications
is to possess three years of increasingly responsible experience as a Police Officer, and a high school diploma or equivalent, supplemented by 60 units of college work in criminal justice, public administration, or a related field.
License/Certificate:
Possession of, or ability to obtain, a valid Class C California driver's license. Possession of a P.O.S.T. Intermediate Certificate is desirable.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:
Modern principles, practices and techniques of police administration, organization and operation; administrative and technical aspects of crime prevention and law enforcement activities, including investigation and identification, patrol, traffic control, juvenile programs, record keeping, search and seizure, code violations, and care and custody of persons and property; principles of law enforcement information systems; methods and techniques of supervision, training and motivation; basic principles of mathematics; applicable federal, state and local laws, codes and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office equipment, including a computer and applicable software; report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.
Ability to:
Act quickly and calmly in emergency situations; facilitate group participation and consensus building; deal tactfully with the public in the handling of difficult police problems; plan, organize, evaluate and direct the work of assigned staff; make adjustments to standard operating procedures to improve effectiveness and comply with regulatory changes as appropriate; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; work a variety of shifts as assigned; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of word processing and software applications; safely and effectively operate a variety of law enforcement equipment, firearms and a police vehicle in emergency situations.
Bargaining Unit: PAC
Created: 1/21/2025
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
4010 COMMUNITY SERVICES OFFICER 1 $ 24.14 $ 4,184.12 $ 50,209.41 Y-RATED 2 $ 25.35 $ 4,393.32 $ 52,719.87
3 $ 26.61 $ 4,612.99 $ 55,355.88
4 $ 27.94 $ 4,843.64 $ 58,123.67
5 $ 29.34 $ 5,085.82 $ 61,029.86
6 $ 30.07 $ 5,212.97 $ 62,555.60
7 $ 30.83 $ 5,343.29 $ 64,119.49
4010 COMMUNITY SERVICES OFFICER 1 $ 24.14 $ 4,184.12 $ 50,209.41 4530 2 $ 25.35 $ 4,393.32 $ 52,719.87
3 $ 26.61 $ 4,612.99 $ 55,355.88
4 $ 27.94 $ 4,843.64 $ 58,123.67
5 $ 29.34 $ 5,085.82 $ 61,029.86
6 $ 30.81 $ 5,340.11 $ 64,081.35
7 $ 31.60 $ 5,476.87 $ 65,722.47
4020 COMMUNITY SERVICES SPECIALIST 1 $ 30.08 $ 5,213.50 $ 62,562.01 4531 2 $ 31.58 $ 5,474.17 $ 65,690.09
3 $ 33.16 $ 5,747.88 $ 68,974.61
4 $ 34.82 $ 6,035.28 $ 72,423.35
5 $ 36.56 $ 6,337.04 $ 76,044.50
6 $ 38.39 $ 6,653.89 $ 79,846.72
7 $ 39.37 $ 6,824.30 $ 81,891.61
4030 COURT OFFICER 1 $ 30.08 $ 5,213.50 $ 62,562.01
2 $ 31.58 $ 5,474.17 $ 65,690.09
3 $ 33.16 $ 5,747.88 $ 68,974.61
4 $ 34.82 $ 6,035.28 $ 72,423.35
5 $ 36.56 $ 6,337.04 $ 76,044.50
6 $ 38.39 $ 6,653.89 $ 79,846.72
7 $ 39.37 $ 6,824.30 $ 81,891.61
4040 JAILER 1 $ 24.62 $ 4,266.68 $ 51,200.17
4570 2 $ 25.85 $ 4,480.01 $ 53,760.17
3 $ 27.14 $ 4,704.02 $ 56,448.18
4 $ 28.50 $ 4,939.22 $ 59,270.61
5 $ 29.92 $ 5,186.18 $ 62,234.12
6 $ 31.42 $ 5,445.49 $ 65,345.83
7 $ 32.22 $ 5,584.95 $ 67,019.35
4050 PARKING ENFORCEMENT OFFICER 1 $ 23.92 $ 4,145.50 $ 49,745.97 4521 2 $ 25.11 $ 4,352.77 $ 52,233.28
3 $ 26.37 $ 4,570.41 $ 54,844.94
4 $ 27.69 $ 4,798.93 $ 57,587.19
5 $ 29.07 $ 5,038.88 $ 60,466.54
6 $ 30.52 $ 5,290.82 $ 63,489.87
7 $ 31.31 $ 5,426.32 $ 65,115.85
Exhibit C
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
3080 POLICE CORPORAL 1 $ 47.25 $ 8,190.86 $ 98,290.30
2 $ 49.62 $ 8,600.40 $ 103,204.81
3 $ 52.10 $ 9,030.42 $ 108,365.05
4 $ 54.70 $ 9,481.94 $ 113,783.31
5 $ 57.44 $ 9,956.04 $ 119,472.47
6 $ 60.31 $ 10,453.84 $ 125,446.09
7 $ 61.82 $ 10,715.19 $ 128,582.25
3070 POLICE OFFICER 1 $ 42.96 $ 7,446.23 $ 89,354.82
Y-RATED 2 $ 45.11 $ 7,818.55 $ 93,822.56
3 $ 47.36 $ 8,209.47 $ 98,513.68
4 $ 49.73 $ 8,619.95 $ 103,439.38
5 $ 52.22 $ 9,050.94 $ 108,611.33
6 $ 53.52 $ 9,277.22 $ 111,326.62
7 $ 54.86 $ 9,509.15 $ 114,109.79
3070 POLICE OFFICER 1 $ 42.96 $ 7,446.23 $ 89,354.82
3580 2 $ 45.11 $ 7,818.55 $ 93,822.56
3 $ 47.36 $ 8,209.47 $ 98,513.68
4 $ 49.73 $ 8,619.95 $ 103,439.38
5 $ 52.22 $ 9,050.94 $ 108,611.33
6 $ 54.83 $ 9,503.49 $ 114,041.89
7 $ 56.23 $ 9,746.88 $ 116,962.53
4080 POLICE OFFICER RECRUIT 1 $ 38.97 $ 6,754.25 $ 81,050.96 2 $ 40.92 $ 7,091.96 $ 85,103.51
3 $ 42.96 $ 7,446.56 $ 89,358.68
4 $ 45.11 $ 7,818.88 $ 93,826.61
5 $ 47.36 $ 8,209.83 $ 98,517.94
6 $ 49.73 $ 8,620.32 $ 103,443.84
7 $ 51.01 $ 8,841.09 $ 106,093.05
2106 POLICE RECORDS CLERK 1 $ 21.75 $ 3,770.12 $ 45,241.48 2566 2 $ 22.84 $ 3,958.27 $ 47,499.23
3 $ 23.98 $ 4,156.54 $ 49,878.53
4 $ 25.18 $ 4,364.95 $ 52,379.39
5 $ 26.43 $ 4,582.04 $ 54,984.46
6 $ 27.76 $ 4,811.14 $ 57,733.69
7 $ 28.45 $ 4,931.42 $ 59,177.03
4100 PROPERTY AND EVIDENCE CLERK 1 $ 26.62 $ 4,613.77 $ 55,365.23 4540 2 $ 27.95 $ 4,844.46 $ 58,133.47
3 $ 29.35 $ 5,086.68 $ 61,040.16
4 $ 30.81 $ 5,341.01 $ 64,092.16
5 $ 32.35 $ 5,608.06 $ 67,296.77
6 $ 33.97 $ 5,888.47 $ 70,661.61
7 $ 34.84 $ 6,039.27 $ 72,471.27
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
4060 PUBLIC SAFETY DISPATCHER 1 $ 28.62 $ 4,960.48 $ 59,525.78 Y-RATED 2 $ 30.05 $ 5,208.51 $ 62,502.08
3 $ 31.55 $ 5,468.93 $ 65,627.19
4 $ 33.13 $ 5,742.38 $ 68,908.55
5 $ 34.79 $ 6,029.50 $ 72,353.97
6 $ 35.66 $ 6,180.24 $ 74,162.82
7 $ 36.55 $ 6,334.74 $ 76,016.88
4060 PUBLIC SAFETY DISPATCHER 1 $ 28.62 $ 4,960.48 $ 59,525.78 4571 2 $ 30.05 $ 5,208.51 $ 62,502.08
3 $ 31.55 $ 5,468.93 $ 65,627.19
4 $ 33.13 $ 5,742.38 $ 68,908.55
5 $ 34.79 $ 6,029.50 $ 72,353.97
6 $ 36.52 $ 6,330.97 $ 75,971.67
7 $ 37.46 $ 6,493.11 $ 77,917.32
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
4010 COMMUNITY SERVICES OFFICER 1 $ 24.86 $ 4,309.64 $ 51,715.69 4530 2 $ 26.11 $ 4,525.12 $ 54,301.47
3 $ 27.41 $ 4,751.38 $ 57,016.55
4 $ 28.78 $ 4,988.95 $ 59,867.38
5 $ 30.22 $ 5,238.40 $ 62,860.75
6 $ 31.73 $ 5,500.32 $ 66,003.79
7 $ 32.55 $ 5,641.18 $ 67,694.14
4020 COMMUNITY SERVICES SPECIALIST 1 $ 30.98 $ 5,369.91 $ 64,438.88 4531 2 $ 32.53 $ 5,638.40 $ 67,660.80
3 $ 34.16 $ 5,920.32 $ 71,043.85
4 $ 35.86 $ 6,216.34 $ 74,596.05
5 $ 37.66 $ 6,527.15 $ 78,325.83
6 $ 39.54 $ 6,853.51 $ 82,242.12
7 $ 40.55 $ 7,029.03 $ 84,348.36
4030 COURT OFFICER 1 $ 30.98 $ 5,369.91 $ 64,438.88
2 $ 32.53 $ 5,638.40 $ 67,660.80
3 $ 34.16 $ 5,920.32 $ 71,043.85
4 $ 35.86 $ 6,216.34 $ 74,596.05
5 $ 37.66 $ 6,527.15 $ 78,325.83
6 $ 39.54 $ 6,853.51 $ 82,242.12
7 $ 40.55 $ 7,029.03 $ 84,348.36
4040 JAILER 1 $ 25.35 $ 4,394.68 $ 52,736.17
4570 2 $ 26.62 $ 4,614.41 $ 55,372.98
3 $ 27.95 $ 4,845.14 $ 58,141.63
4 $ 29.35 $ 5,087.39 $ 61,048.73
5 $ 30.82 $ 5,341.76 $ 64,101.15
6 $ 32.36 $ 5,608.85 $ 67,306.21
7 $ 33.19 $ 5,752.49 $ 69,029.93
4050 PARKING ENFORCEMENT OFFICER 1 $ 24.63 $ 4,269.86 $ 51,238.35 4521 2 $ 25.87 $ 4,483.36 $ 53,800.28
3 $ 27.16 $ 4,707.52 $ 56,490.28
4 $ 28.52 $ 4,942.90 $ 59,314.80
5 $ 29.94 $ 5,190.04 $ 62,280.54
6 $ 31.44 $ 5,449.55 $ 65,394.56
7 $ 32.24 $ 5,589.11 $ 67,069.32
3080 POLICE CORPORAL 1 $ 48.67 $ 8,436.58 $ 101,239.01
2 $ 51.11 $ 8,858.41 $ 106,300.96
3 $ 53.66 $ 9,301.33 $ 111,616.00
4 $ 56.34 $ 9,766.40 $ 117,196.80
5 $ 59.16 $ 10,254.72 $ 123,056.65
6 $ 62.12 $ 10,767.46 $ 129,209.48
7 $ 63.67 $ 11,036.64 $ 132,439.71
Exhibit D
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
3070 POLICE OFFICER 1 $ 44.25 $ 7,669.62 $ 92,035.46
3580 2 $ 46.46 $ 8,053.10 $ 96,637.24
3 $ 48.78 $ 8,455.76 $ 101,469.09
4 $ 51.22 $ 8,878.55 $ 106,542.56
5 $ 53.78 $ 9,322.47 $ 111,869.67
6 $ 56.47 $ 9,788.60 $ 117,463.15
7 $ 57.92 $ 10,039.28 $ 120,471.41
4080 POLICE OFFICER RECRUIT 1 $ 40.14 $ 6,956.87 $ 83,482.49 2 $ 42.14 $ 7,304.72 $ 87,656.62
3 $ 44.25 $ 7,669.95 $ 92,039.44
4 $ 46.46 $ 8,053.45 $ 96,641.41
5 $ 48.79 $ 8,456.12 $ 101,473.48
6 $ 51.22 $ 8,878.93 $ 106,547.16
7 $ 52.54 $ 9,106.32 $ 109,275.84
2106 POLICE RECORDS CLERK 1 $ 22.40 $ 3,883.23 $ 46,598.73 2566 2 $ 23.52 $ 4,077.02 $ 48,924.20
3 $ 24.70 $ 4,281.24 $ 51,374.88
4 $ 25.94 $ 4,495.90 $ 53,950.77
5 $ 27.23 $ 4,719.50 $ 56,634.00
6 $ 28.59 $ 4,955.47 $ 59,465.70
7 $ 29.30 $ 5,079.36 $ 60,952.34
4100 PROPERTY AND EVIDENCE CLERK 1 $ 27.42 $ 4,752.18 $ 57,026.18 4540 2 $ 28.79 $ 4,989.79 $ 59,877.47
3 $ 30.23 $ 5,239.28 $ 62,871.36
4 $ 31.74 $ 5,501.24 $ 66,014.93
5 $ 33.32 $ 5,776.31 $ 69,315.68
6 $ 34.99 $ 6,065.12 $ 72,781.46
7 $ 35.89 $ 6,220.45 $ 74,645.41
4060 PUBLIC SAFETY DISPATCHER 1 $ 29.48 $ 5,109.30 $ 61,311.55 4571 2 $ 30.95 $ 5,364.76 $ 64,377.14
3 $ 32.50 $ 5,633.00 $ 67,596.01
4 $ 34.12 $ 5,914.65 $ 70,975.80
5 $ 35.83 $ 6,210.38 $ 74,524.59
6 $ 37.62 $ 6,520.90 $ 78,250.82
7 $ 38.58 $ 6,687.90 $ 80,254.84
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 27, 2026
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
4010 COMMUNITY SERVICES OFFICER 1 $ 25.61 $ 4,438.93 $ 53,267.16 4530 2 $ 26.89 $ 4,660.88 $ 55,930.51
3 $ 28.23 $ 4,893.92 $ 58,727.05
4 $ 29.65 $ 5,138.62 $ 61,663.40
5 $ 31.13 $ 5,395.55 $ 64,746.58
6 $ 32.68 $ 5,665.33 $ 67,983.91
7 $ 33.52 $ 5,810.41 $ 69,724.96
4020 COMMUNITY SERVICES SPECIALIST 1 $ 31.91 $ 5,531.00 $ 66,372.04 4531 2 $ 33.51 $ 5,807.55 $ 69,690.62
3 $ 35.18 $ 6,097.93 $ 73,175.16
4 $ 36.94 $ 6,402.83 $ 76,833.93
5 $ 38.79 $ 6,722.97 $ 80,675.61
6 $ 40.73 $ 7,059.12 $ 84,709.39
7 $ 41.77 $ 7,239.90 $ 86,878.81
4030 COURT OFFICER 1 $ 31.91 $ 5,531.00 $ 66,372.04
2 $ 33.51 $ 5,807.55 $ 69,690.62
3 $ 35.18 $ 6,097.93 $ 73,175.16
4 $ 36.94 $ 6,402.83 $ 76,833.93
5 $ 38.79 $ 6,722.97 $ 80,675.61
6 $ 40.73 $ 7,059.12 $ 84,709.39
7 $ 41.77 $ 7,239.90 $ 86,878.81
4040 JAILER 1 $ 26.11 $ 4,526.52 $ 54,318.26
4570 2 $ 27.42 $ 4,752.85 $ 57,034.16
3 $ 28.79 $ 4,990.49 $ 59,885.88
4 $ 30.23 $ 5,240.02 $ 62,880.19
5 $ 31.74 $ 5,502.02 $ 66,024.18
6 $ 33.33 $ 5,777.12 $ 69,325.39
7 $ 34.18 $ 5,925.07 $ 71,100.83
4050 PARKING ENFORCEMENT OFFICER 1 $ 25.37 $ 4,397.96 $ 52,775.50 4521 2 $ 26.64 $ 4,617.86 $ 55,414.28
3 $ 27.97 $ 4,848.75 $ 58,184.99
4 $ 29.37 $ 5,091.19 $ 61,094.25
5 $ 30.84 $ 5,345.75 $ 64,148.95
6 $ 32.38 $ 5,613.03 $ 67,356.40
7 $ 33.21 $ 5,756.78 $ 69,081.40
3080 POLICE CORPORAL 1 $ 50.13 $ 8,689.68 $ 104,276.18
2 $ 52.64 $ 9,124.17 $ 109,489.99
3 $ 55.27 $ 9,580.37 $ 114,964.48
4 $ 58.03 $ 10,059.39 $ 120,712.71
5 $ 60.94 $ 10,562.36 $ 126,748.34
6 $ 63.98 $ 11,090.48 $ 133,085.76
7 $ 65.58 $ 11,367.74 $ 136,412.91
Exhibit E
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 27, 2026
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
3070 POLICE OFFICER 1 $ 45.58 $ 7,899.71 $ 94,796.52
3580 2 $ 47.85 $ 8,294.70 $ 99,536.35
3 $ 50.25 $ 8,709.43 $ 104,513.16
4 $ 52.76 $ 9,144.90 $ 109,738.83
5 $ 55.40 $ 9,602.15 $ 115,225.76
6 $ 58.17 $ 10,082.25 $ 120,987.04
7 $ 59.66 $ 10,340.46 $ 124,085.55
4080 POLICE OFFICER RECRUIT 1 $ 41.34 $ 7,165.58 $ 85,986.96 2 $ 43.41 $ 7,523.86 $ 90,286.32
3 $ 45.58 $ 7,900.05 $ 94,800.62
4 $ 47.86 $ 8,295.05 $ 99,540.65
5 $ 50.25 $ 8,709.81 $ 104,517.69
6 $ 52.76 $ 9,145.30 $ 109,743.57
7 $ 54.11 $ 9,379.51 $ 112,554.12
2106 POLICE RECORDS CLERK 1 $ 23.08 $ 3,999.72 $ 47,996.69 2566 2 $ 24.23 $ 4,199.33 $ 50,391.93
3 $ 25.44 $ 4,409.68 $ 52,916.13
4 $ 26.72 $ 4,630.77 $ 55,569.29
5 $ 28.04 $ 4,861.08 $ 58,333.02
6 $ 29.45 $ 5,104.14 $ 61,249.67
7 $ 30.18 $ 5,231.74 $ 62,780.91
4100 PROPERTY AND EVIDENCE CLERK 1 $ 28.24 $ 4,894.75 $ 58,736.97 4540 2 $ 29.65 $ 5,139.48 $ 61,673.80
3 $ 31.13 $ 5,396.46 $ 64,757.50
4 $ 32.69 $ 5,666.28 $ 67,995.37
5 $ 34.32 $ 5,949.60 $ 71,395.15
6 $ 36.04 $ 6,247.08 $ 74,964.90
7 $ 36.96 $ 6,407.06 $ 76,884.77
4060 PUBLIC SAFETY DISPATCHER 1 $ 30.36 $ 5,262.58 $ 63,150.90 4571 2 $ 31.88 $ 5,525.70 $ 66,308.46
3 $ 33.47 $ 5,801.99 $ 69,623.89
4 $ 35.15 $ 6,092.09 $ 73,105.08
5 $ 36.90 $ 6,396.69 $ 76,760.32
6 $ 38.75 $ 6,716.53 $ 80,598.34
7 $ 39.74 $ 6,888.54 $ 82,662.48
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 26, 2027
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
4010 COMMUNITY SERVICES OFFICER 1 $ 26.38 $ 4,572.10 $ 54,865.18 4530 2 $ 27.70 $ 4,800.70 $ 57,608.43
3 $ 29.08 $ 5,040.74 $ 60,488.86
4 $ 30.54 $ 5,292.78 $ 63,513.31
5 $ 32.06 $ 5,557.41 $ 66,688.97
6 $ 33.67 $ 5,835.29 $ 70,023.42
7 $ 34.53 $ 5,984.73 $ 71,816.71
4020 COMMUNITY SERVICES SPECIALIST 1 $ 32.87 $ 5,696.93 $ 68,363.20 4531 2 $ 34.51 $ 5,981.78 $ 71,781.34
3 $ 36.24 $ 6,280.87 $ 75,370.42
4 $ 38.05 $ 6,594.91 $ 79,138.95
5 $ 39.95 $ 6,924.66 $ 83,095.88
6 $ 41.95 $ 7,270.89 $ 87,250.67
7 $ 43.02 $ 7,457.10 $ 89,485.18
4030 COURT OFFICER 1 $ 32.87 $ 5,696.93 $ 68,363.20
2 $ 34.51 $ 5,981.78 $ 71,781.34
3 $ 36.24 $ 6,280.87 $ 75,370.42
4 $ 38.05 $ 6,594.91 $ 79,138.95
5 $ 39.95 $ 6,924.66 $ 83,095.88
6 $ 41.95 $ 7,270.89 $ 87,250.67
7 $ 43.02 $ 7,457.10 $ 89,485.18
4040 JAILER 1 $ 26.90 $ 4,662.32 $ 55,947.80
4570 2 $ 28.24 $ 4,895.43 $ 58,745.19
3 $ 29.66 $ 5,140.20 $ 61,682.45
4 $ 31.14 $ 5,397.22 $ 64,766.59
5 $ 32.69 $ 5,667.08 $ 68,004.91
6 $ 34.33 $ 5,950.43 $ 71,405.15
7 $ 35.21 $ 6,102.82 $ 73,233.85
4050 PARKING ENFORCEMENT OFFICER 1 $ 26.13 $ 4,529.90 $ 54,358.77 4521 2 $ 27.44 $ 4,756.39 $ 57,076.71
3 $ 28.81 $ 4,994.21 $ 59,930.54
4 $ 30.25 $ 5,243.92 $ 62,927.07
5 $ 31.77 $ 5,506.12 $ 66,073.42
6 $ 33.35 $ 5,781.42 $ 69,377.09
7 $ 34.21 $ 5,929.49 $ 71,153.85
3080 POLICE CORPORAL 1 $ 51.64 $ 8,950.37 $ 107,404.46
2 $ 54.22 $ 9,397.89 $ 112,774.69
3 $ 56.93 $ 9,867.78 $ 118,413.42
4 $ 59.78 $ 10,361.17 $ 124,334.09
5 $ 62.76 $ 10,879.23 $ 130,550.79
6 $ 65.90 $ 11,423.19 $ 137,078.33
7 $ 67.55 $ 11,708.77 $ 140,505.29
Exhibit F
CITY OF COVINA
PAC SALARY SCHEDULE
EFFECTIVE JUNE 26, 2027
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
3070 POLICE OFFICER 1 $ 46.94 $ 8,136.70 $ 97,640.42
3580 2 $ 49.29 $ 8,543.54 $ 102,522.44
3 $ 51.75 $ 8,970.71 $ 107,648.56
4 $ 54.34 $ 9,419.25 $ 113,031.00
5 $ 57.06 $ 9,890.21 $ 118,682.53
6 $ 59.91 $ 10,384.72 $ 124,616.66
7 $ 61.45 $ 10,650.68 $ 127,808.12
4080 POLICE OFFICER RECRUIT 1 $ 42.58 $ 7,380.55 $ 88,566.57 2 $ 44.71 $ 7,749.58 $ 92,994.91
3 $ 46.94 $ 8,137.05 $ 97,644.64
4 $ 49.29 $ 8,543.91 $ 102,526.87
5 $ 51.76 $ 8,971.10 $ 107,653.22
6 $ 54.34 $ 9,419.66 $ 113,035.88
7 $ 55.74 $ 9,660.89 $ 115,930.74
2106 POLICE RECORDS CLERK 1 $ 23.77 $ 4,119.72 $ 49,436.59 2566 2 $ 24.95 $ 4,325.31 $ 51,903.69
3 $ 26.20 $ 4,541.97 $ 54,503.62
4 $ 27.52 $ 4,769.70 $ 57,236.37
5 $ 28.89 $ 5,006.92 $ 60,083.01
6 $ 30.33 $ 5,257.26 $ 63,087.16
7 $ 31.09 $ 5,388.69 $ 64,664.34
4100 PROPERTY AND EVIDENCE CLERK 1 $ 29.09 $ 5,041.59 $ 60,499.08 4540 2 $ 30.54 $ 5,293.67 $ 63,524.01
3 $ 32.07 $ 5,558.35 $ 66,700.23
4 $ 33.67 $ 5,836.27 $ 70,035.23
5 $ 35.35 $ 6,128.08 $ 73,537.00
6 $ 37.12 $ 6,434.49 $ 77,213.85
7 $ 38.07 $ 6,599.28 $ 79,191.31
4060 PUBLIC SAFETY DISPATCHER 1 $ 31.27 $ 5,420.45 $ 65,045.43 4571 2 $ 32.84 $ 5,691.48 $ 68,297.71
3 $ 34.48 $ 5,976.05 $ 71,712.60
4 $ 36.20 $ 6,274.85 $ 75,298.23
5 $ 38.01 $ 6,588.59 $ 79,063.13
6 $ 39.91 $ 6,918.02 $ 83,016.29
7 $ 40.93 $ 7,095.20 $ 85,142.36
Exhibit G
SIDE LETTER OF AGREEMENT
BETWEEN
THE CITY OF COVINA
AND
THE POLICE ASSOCIATION OF COVINA
This Side Letter of Agreement (“Agreement”) between the City of Covina (“City”) and the Police Association of Covina (“PAC”) (collectively “Parties”) is entered into with respect to the following:
WHEREAS, on June 18, 2024, the City Council approved a Memorandum of Understanding (MOU) between the City of Covina and the Police Association of Covina which took effect July 1, 2024; and
WHEREAS, Article 10.4 (Advancement Through Salary Range) of the PAC MOU establishes a process for merit-based salary step adjustments for represented employees; and WHEREAS, effective July 1, 2024, per the terms of the approved Memorandum of Understanding, the Parties agreed to modify the existing salary step structure by reducing the number of salary steps for represented employees from eight (8) steps to seven (7) steps; and WHEREAS, the Parties met and conferred to clarify that employees at steps six (6) and seven (7) at the time of the implementation of the approved Memorandum of Understanding and revised step structure would be Y-rated to ensure that the employee not suffer a reduction in salary and remain whole; and
WHEREAS, the Parties met and conferred and agree to revise the language set forth in the Parties’ Agreement; and
THEREFORE, the Parties hereby agree to the following:
Article 10.4. of the PAC MOU shall be revised as follows:
B. Modification of Salary Step Structure (New)
It is understood that the salary step structure, as set forth above in Article 10.4-A, reflects a change effective July 1, 2024, from the previous eight (8) step structure to seven (7) steps, and that step seven (7) of the new salary range is the new “top step,” inclusive of the negotiated cost-of-living (COLA) and equity adjustments.
It is further understood that any existing employees who were at either step six (6) or step seven (7) of their salary range under the previous eight (8) step structure are Y-rated, and will advance to the next highest salary step in the new range upon their normal annual evaluation-based anniversary.
All other terms of the PAC MOU remain in effect for the term of the MOU.
This side letter shall become effective January 1, 2025, retroactive to July 1, 2024, and only upon City Council approval.
FOR THE CITY OF COVINA
Chris Marcarello Date
City Manager
FOR THE POLICE ASSOCIATION OF COVINA
Oswaldo Preciado Date
President
Kyle Hulsey Date
Vice President
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: January 21, 2025
Title: Consideration of Resolutions CC 2025-03, 2025-04, & 2025-05, Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 36), and to Call and Hold a Special Election Presented by: Brian K. Lee, AICP
Recommendation: 1. City Council to open the public hearing and consider public testimony and close the public hearing;
2. Adopt Resolution CC 2025-03, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 36; 831 W. Cypress Street, Covina) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors;
3. Adopt Resolution CC 2025-04, calling a special election and submitting to the voters of Annexation No. 36 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 36 to finance public services, and the establishment of an appropriations limit; and
4. Adopt Resolution CC 2025-05 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 36.
EXECUTIVE SUMMARY:
At the December 3, 2024, City Council meeting, the Council adopted the boundary map showing territory proposed to be annexed as Annexation No. 36 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 home, 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 831 W. Cypress Street, Covina, has a total of ninety-seven (97) new multi-family residential units. The special tax will be applicable to all ninety-seven (97) residential units in Annexation No. 36.
DISCUSSION:
The purpose of the public hearing is to 1) authorize the annexation of territory to the CFD (Annexation No. 36); 2) call and hold an election of property owners within the CFD, and 3) authorize the levy of a special tax within Annexation No. 36 to the CFD. The related resolutions are hereby presented to the City Council, pursuant to the Conditions of Approval for ninety-seven (97) new multi-family residential units to be built at 831 W. Cypress Street, Covina, California.
Pursuant to the Conditions of Approval for development of ninety-seven (97) new multi-family residential units to be built at 831 W. Cypress Street, Covina, California, 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 units are 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:
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):
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,
Attachment A
Annexation Map
ATTACHMENT B
RESOLUTION CC 2025-03
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. 36) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND
SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this Council, on December 3, 2024, adopted Resolution CC 2024-112 (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. 36”), 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 21st of January, 2025, 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. 36 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 2025-03 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. 36, 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 Annexation No. 36 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. 36 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. 36 shall be submitted to the voters within Annexation No. 36 at an election called therefore as hereinafter
Resolution CC 2025-03 Page 3 of 4
provided. This Council hereby finds that twelve (12) or more persons have not been registered to vote within Annexation No. 36 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. 36 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. 36.
(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 January 21, 2025, (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 21st day of January, 2025.
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
Resolution CC 2025-03 Page 4 of 4
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-xx was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of January, 2025, 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 2025-03 Exhibit A
EXHIBIT A
FIRST AMENDED RATE AND METHOD OF APPORTIONMENT
Resolution CC 2025-03 Exhibit A
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.
Resolution CC 2025-03 Exhibit A
“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.
Resolution CC 2025-03 Exhibit A
“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.
Resolution CC 2025-03 Exhibit A
“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.
Resolution CC 2025-03 Exhibit A
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 2025-03 Exhibit B
EXHIBIT B
SAMPLE BALLOT
Resolution CC 2025-03 Exhibit B
OFFICIAL BALLOT
SPECIAL ELECTION
City of Covina
Community Facilities District No. 2007-1
(Public Services)
Annexation No. 36
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 January 21, 2025, 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: 6 Property Owner: CovinaM 2024, LLC
By: ____________________________
Bernard Jay Delzer (aka BJ Delzer)
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. 36”) 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. 36 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 2025-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE VOTERS OF ANNEXATION NO. 36 OF CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL
TAXES WITHIN ANNEXATION NO. 36 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. 36”) 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. 36 the annual levy of special taxes on taxable property within Annexation No. 36; 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. 36 a proposition for the establishment of an appropriations limit for Annexation No. 36; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 36 for each of the ninety (90) days preceding January 21, 2025.
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 January 21, 2025; (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. 36 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. 36 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code
Resolution CC 2025-04 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 January 21, 2025, (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 January 21, 2025.
SECTION 2. Call of Election. The City Council hereby calls and schedules an election for January 21, 2025, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 36 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. 36 to CFD No. 2007-1.
SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation No. 36 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. 36”); 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. 36 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. 36 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. 36 to CFD No. 2007-1 in the amount of $100,000 per annum shall be as follows:
Resolution CC 2025-04 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 21st day of January, 2025; 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 2025-04 Page 4 of 4
APPROVED and PASSED this 21st day of January 2025.
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 2025-04 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of January, 2025, 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 2025-xx Exhibit A
EXHIBIT A
FIRST AMENDED RATE AND METHOD OF APPORTIONMENT
(Please see Exhibit A to Resolution CC 2025-03, Attachment B, in this same packet)
ATTACHMENT D
RESOLUTION CC 2025-05
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. 36
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. 36 (hereafter referred to as “Annexation No. 36”); and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 36 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. 36 for each of the ninety (90) days preceding January 21, 2025, therefore, pursuant to the Act the qualified electors of Annexation No. 36 shall be the “landowners” of Annexation No. 36 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. 36 to the qualified electors of Annexation No. 36 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 36; and WHEREAS, the City Council adopted on January 21, 2025 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. 36 of City of Covina Community Facilities District No. 2007-1 (Public Services) Propositions Regarding the Annual Levy of Special Taxes within Annexation No. 36 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. 36; and
WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the Special Election was held on January 21, 2025, 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 2025-05 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. 36 (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. 36 to CFD No. 2007-1 has been given by all of the owners within Annexation No. 36 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. 36 for each of the ninety (90) days preceding January 21, 2025, therefore, pursuant to the Act the qualified electors of Annexation No. 36 shall be the “landowners” of such Annexation No. 36 as such term is defined in Government Code Section 53317(f). (c) Pursuant to the Certificate, the qualified electors of Annexation No. 36 have unanimously voted in favor of the levy of special taxes within Annexation No. 36 upon its annexation to CFD No. 2007-1 and the establishment of an appropriations limit for Annexation No. 36.
SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation No. 36 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. 36 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. 36.
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.
Resolution CC 2025-05 Page 3 of 3
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.
APPROVED and PASSED this 21st day of January, 2025.
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 2025-05 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of January, 2025, 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 2025-05 Exhibit A
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST
Resolution CC 2025-05 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. 36
SPECIAL ELECTION
in the City, held on January 21, 2025.
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. 36 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 21st day of January, 2025.
_____________________________________
Chief Deputy City Clerk
City of Covina
Resolution CC 2025-05 Exhibit B
EXHIBIT B
ANNEXATION MAP
Resolution CC 2025-05 Exhibit C
EXHIBIT C
LIST OF PROPERTIES TO BE ANNEXED
Resolution CC 2025-05 Exhibit C
LIST OF PROPERTIES TO BE ANNEXED
ANNEXATION NO. 36
ASSESSOR PARCEL NO(S) 8421-001-016 (A PORTION OF) AND 8421-001-061 (A
PORTION OF)
Vesting Tract No.
N/A
Address
831 W. Cypress Street
Covina, CA 91722
Landowner
CovinaM 2024, LLC
Attn: Bernard Jay Delzer (aka BJ Delzer)
9860 Irvine Center Drive
Irvine, CA 92618
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: January 21, 2025
Title: Consideration of Fiscal Year 2025-2026 Community Development Block Grant (CDBG) Program Budget
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Open the public hearing and receive public testimony;
2. Close the public hearing;
3. Consider approval of the FY 2025-2026 CDBG program budget as recommended in Column C of the Table on Attachment A with the provision that: a) the allocation be adjusted based on the final allocation as determined by the Los Angeles County Development Authority (LACDA), with a maximum of 15 percent of funding allocated for public service programs;
4. Adopt Resolution CC 2025-06, authorizing the allocation of the Fifty First Year CDBG funds for FY 2025-2026; and
5. Authorize the City Manager or his designee to execute the documents related to the FY 2025-2026 CDBG funds.
EXECUTIVE SUMMARY/ BACKGROUND:
As a municipality with a population below 50,000 prior to the most recent census count, the City of Covina (City) is ineligible to receive CDBG funding directly from United States Department of Housing and Urban Development (HUD). Instead, the City receives CDBG funds from LACDA through the Urban County Program.
Under this program, LACDA applies to HUD for CDBG funding, and then divides the funding amongst its subrecipients such as the City of Covina. The City’s CDBG funding is accounted for under the Community Development Department budget.
LACDA requires that the City submits a preliminary budget and spending contract by January 31 of each year.
Specific projects must be approved by LACDA and found to be in compliance with federal regulations. The FY 2025-2026 budget must take into account the scheduled Section 108 loan payment, which will reduce the amount of the FY 2025-2026 funds available for programming.
DISCUSSION:
The LACDA has notified the City that the estimated final allocation of CDBG funds for FY 2025-2026 is $293,058 CDBG funds can only be spent on activities that:
Benefit low- and moderate-income persons
Prevent or eliminate slum and blight, or
Meet community development needs having a particular urgency (must pose a serious and immediate threat to the health of welfare of the community).
Under the CDBG program, public service (non-capital/non-construction) projects are limited to 15 percent of the annual allocation. The public service allocation for FY 2025-2026 will be $43,959, based on the planning allocation amount of $293,058 as shown in the table below.
Table 1. Funding Availability
FY 2025-2026 allocation $293,058
Total available for public service programs ($ 43,959)
Total available for non-public service programs $249,099 Estimated Section 108 payment for FY 25-26 $175,687
Remaining funds available for non-public service
programming $ 73,412
Section 108 Payment
The HUD Public Offering for the Section 108 Loan Program was completed in March 2018, at an interest rate of 3%. Principal and interest payments are now established for the remainder of the 20-year term. In FY 25-26, $175,687 is the amount being set aside to pay the Section 108 loan payment. The amount payable for the Section 108 Loan payment is withheld from the City’s annual CDBG allocation by the LACDA.
Fiscal Year 2025-2026 Funding Applications - Public Service Programs Applications were received for the following public service programs:
Senior Information and Referral
Senior Nutrition
Second Start Literacy
Operation School Bell
For fiscal year 2025-2026, the public service maximum cap is estimated to be $43,959. Notwithstanding the HUD 15% public service cap, the LACDA requires that each program be funded at a minimum of $10,000. Therefore, public entities using CDBG funds need to be consistent with two sets of regulations by two different funding agencies.
Table 2. Public Service Applications Submitted
Public Service Program City Program Funding Requested
1. Second Start Literacy Program Yes $16,031
2. Senior Information and Referral Program Yes $10,000
3. Senior Nutrition Program Yes $20,000
4. Operation School Bell No $25,000
Total amount requested $71,031
Total amount available $43,959
Three applications received are for City-run programs. One application received is form a non-profit organization.
A matrix of the project descriptions is attached as Attachment B.
The Second Start Literacy Program provides support staff and training for volunteer tutors to teach basic reading and writing skills to adults as well as purchase materials for program participants. The Senior Information and Referral Program provides services, information and referrals for service to seniors. The Senior Nutrition Program provides hot, nutritious meals at low or no cost to seniors. The City partners with the YWCA of San Gabriel Valley for the Senior Nutrition Program. The Operation School Bell, a non-profit organization, provides school clothing and other basic necessities to children from economically disadvantaged families.
A total of $71,031 was requested in public service funding. $43,959 is available for programs. Because of the varying requirements of the granting agencies, the City is limited in the number of programs it can fund. Three existing City public service programs have requested funding to continue their work. There are no additional
general fund dollars to continue funding if CDBG funding is discontinued. While there are many worthwhile programs in the community that are deserving of funding, the recommendation from staff and the Finance Advisory Commission is for continued funding of City public service programs.
Fiscal Year 2025-2026 Funding Applications - Programs other than Public Service After allocations for public service programs and payment and payment of principal and interest on the Section 108 loan, $73,412 is available for budgeting purposes. Program applications totaling $73,412 were received for this category.
Applications were received for the following non-public service programs, which are described in Attachment B:
Program Name Amount Requested
Residential Rehabilitation $23,412
Downtown Neighborhood Business Workforce Augmentation Program $50,000 The Finance Advisory Commission, which reviews, evaluates and monitors CDBG programs as part of the City's mandated Citizen Participation, considered all requests at their December 11, 2024, meeting in order to make a recommendation for funding to the Covina City Council. City staff members were also present. The Commission recommendation is shown on Column “C” of Exhibit A and in Table 3 below. A copy of the draft minutes from the meeting is attached as Attachment C.
Final Recommendation by the Finance Advisory Commission on FY 2025-2026 Funding The Commission discussed the proposed projects at the Regular Meeting of December 11, 2024 and then voted on the recommendation to the City Council. The Commission members unanimously voted that the staff funding allocation recommendation be approved. The Finance Advisory Commission recommendation is indicated in Table 3.
Table 3: Finance Advisory Commission Recommendation
Program Recommended FY 25-26 funding
Second Start Literacy Program $13,959
Senior Information & Referral Program $10,000
Senior Nutrition Program $20,000
Subtotal Public Service Programs $43,959
Section 108 Loan Payment $175,687
Residential Rehabilitation $23,412
Downtown Neighborhood Business Workforce Augmentation
Program $50,000
Subtotal Other Programs $249,099
Total Budget Recommendation, FY 2025-2026 $293,058
The recommendations are shown in Columns C and D in Attachment A. Staff concurs with the Commission recommendations. Draft minutes of the December 11, 2024, Finance Advisory Commission meeting are attached as Attachment C. The public hearing today was properly noticed and provides the public with a forum to discuss this matter.
Update on FY 2024-2025 CDBG Status
In FY 2024-2025, there are nine (9) active CDBG programs in the amount of $434,894.
Table 4: Current Year 24-25 CDBG program status
Program Current FY 24-25
funding
Public Service Second Start Literacy $15,828
Senior Information & Referral $10,000
Senior Nutrition $10,000
Senior Case Management $10,000
Non-Public Service Section 108 Loan Repayment $179,066
Residential Rehabilitation $80,000
Microenterprise Co-work Scholarship
Program $10,000
Downtown Neighborhood Business
Workforce Augmentation Program $100,000
All FY 2024-2025 Projects $414,894
FY 2023-2024 Microenterprise Co-work Scholarship
Program $20,000
Total Prior Year Projects $20,000
All CDBG funding FY 24-25 $434,894
FISCAL IMPACT:
There is $293,058 for new fiscal year 2025-2026 available to the City and $112,151 available as unallocated funds to be programmed at a later date. These funds will reimburse the expenditures of the programs.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b) (2) and (3) and does not constitute a project.
Respectfully submitted,
RECOMMENDED FUNDING TABLE
For Planning Purposes 2025-26: Funding Available
Estimated New Year Funds Available (FY 25-26) a $293,058 Carry-over funding from prior year b $0 *
Public Services (15% of a) c $43,959
Total amount available FY 25-26 (a+b) d $293,058
Non Public Service Funds Available for Programming (d-c) e $249,099 Section 108 loan payment FY 25-26 f $175,687
Non Public Service Funds
Available for Programming (e-f) g $73,412
A BCD
Program Name
Current Fiscal
Year 24-25 Active
Projects
Fiscal Year 25-
26 Request
Finance
Advisory
Commission
Recommendation
Staff
Recommendation
PUBLIC SERVICE PROGRAMS
1 Second Start Literacy $15,828 $16,031 $13,959 $13,959 2 Senior Info & Referral $10,000 $10,000 $10,000 $10,000 3 Senior Nutrition (YWCA) $10,000 $20,000 $20,000 $20,000 4 Sr. Case Mgmt (YWCA) $10,000 $0 $0 $0
5 Operation School Bell (OSB) $0 $25,000 $0 $0
Subtotal Public Service $45,828 $71,031 $43,959 $43,959 not to exceed
Other Programs $43,959
5 Section 108 Loan Payment $179,066 $175,687 $175,687 $175,687 6 Residential Rehabiltation $46,777 $23,412 $23,412 $23,412 7 Downtown Neighborhood
Business Workforce
Augmentation Program $25,000 $50,000 $50,000 $50,000
8 Microenterprise Co-work
Scholarship Program $10,000 $0 $0 $0
Subtotal Other Programs $260,843 $249,099 $249,099 $249,099 $320,130 $293,058 $293,058
*At this time, $112,151 in carryover funds is reserved for FY 25-26 mid-year projects, which will be brought back for consideration and review in 2025.
CITY OF COVINA CDBG PROGRAM APPLICATIONS 2025-2026 (51st Year)
1 Attachment B, Page 1 of 2
ATTACHMENT B
Synopsis of Proposed Projects and Programs, FY 2025-2026 Name of Program Description Amount
Requested
Item
No.
Public Service Programs
Second Start Literacy
Program
This is a continuing City project that provides literacy services for adults who are “functionally illiterate” to develop basic literacy skills, enabling them to obtain
employment, retain a job, receive job promotions,
improve academic skills, and help their children with their school work. Funds would be used for tutor training and providing tools needed to develop and improve literacy
skills. The service is provided free of charge and on a one-to-one basis. Program is run by City of Covina staff through the Covina Library.
$16,031 1
Senior Information &
Referral
This is a continuing City project that provides referral services such as case management, housing,
transportation, legal assistance, free tax preparation, support groups, educational and health seminars to
senior citizens. Program is run through the Covina
Senior and Community Center of the Parks and
Recreation Department.
$10,000 2
Senior Nutrition
Program
This is a continuing City program which provides meals
to seniors and disabled residents in the City of Covina.
Hot nutritious meals are provided Monday through
Friday, excluding holidays, at the Covina Senior and
Community Center. Service is provided by a contractor
through the Parks and Recreation Department. A
donation of $3 is suggested but not required.
$20,000 3
Operation School Bell The Operation School Bell is a continuous program of the Assistance League of Covina Valley. The program
provides school attire and supplies to underserved
students. The students who are qualified for the Federal Free and Reduced Lunch Program and the Mckinney
Vento homeless Act are referred to the Operation School Bell program for assistance to receive clothing and
school supplies. They are requesting funding to dress
and provide hygiene kits to students in Covina.
$25,000 4
Total Public Service Request $71,031
Total Public Service Available $43,959
Section 108 Loan
Guarantee Payment
Principal and interest payment on the $2.5 million loan to fund construction of the senior portion of the Covina
Senior and Community Center. This estimated payment
is based on a 20 year loan at 5%. The actual amount
may be higher or lower depending on the interest rate.
$175,687
5
2 Attachment B, Page 2 of 2
Residential
Rehabilitation
Citywide
This is a continuing program providing a combination of grants and loans to income-eligible City of Covina
residents to repair, weather sealing, roofing and
rehabilitation of an existing single-family owned and
occupied home, The program is administered on a firstcome and first-serviced basis. This program will be overseen by City of Covina staff through the Community
Development Department, Special Projects Division.
$23,412
6 Downtown
Neighborhood
Business Workforce
Augmentation
Program
This is a continuing program which assists businesses
within the Town Center Specific Plan (TCSP) in creating jobs for those who are low-and moderate-income. This
program also assists eligible businesses by offset staffing costs of these hires by providing a forgivable loan. The loans will be forgiven after one year of successfully hiring a full-time equivalent employee(s) from a low to moderate income household. This program is run by City of Covina staff through the Community Development Department,
Special Projects Division.
$50,000 7
Total non-public service projects $249,099
Total amount requested $249,099
Finance Advisory Commission Minutes Dec 11, 2024
FINANCE ADVISORY COMMISSION
MINUTES OF REGULAR MEETING
DEC 11, 2024
The regular meeting of the Finance Advisory Commission was held on Wednesday, Dec 11, 2024, at 6:00 pm, in the Covina Council Chamber, 125 East College Street, Covina, CA 91723
Commissioners Present: Commission Members Claudia Casasola, Vice Chairperson Geoff Cobbett, Gregory Galindo, Kevin Stapleton, TJ Nass, Chairperson Lynda Noriega, and City Treasurer Neil Polzin
Commissioners Absent: Andrew McIntyre, Salvador Flores-Chatfield, Janet Salmon Staff Present: Theresa Franke, Deputy Director of Administrative Services Charles Russom, Sr. Management Analyst
Public Present: None
CALL TO ORDER
The meeting was called to order at 6:03pm. A quorum was present.
AGENDA POSTING DECLARATION
The Agenda for the Dec 11, 2024 meeting was posted in accordance with Section 54954.2(a) of the California Government Code.
PUBLIC COMMENTS
None.
COMMISSION COMMENTS
None.
STAFF COMMENTS
Charles requests continuance of item CB1 to the next meeting.
ATTACHMENT C Page 569 of 600
Finance Advisory Commission Minutes Dec 11, 2024
CONSENT CALENDAR
CC1. Approve the minutes from the Regular Meeting of May 22nd, 2024 of the Finance Advisory Commission.
A motion was made by Kevin Stapleton, seconded by Geoff Cobbett, to approve Item CC1.
Motion on CC1 was approved as follows:
AYES: Casasola, Cobbett, Stapleton, Noriega, Nass, Galindo NOES: None
ABSTAIN: None
ABSENT: Salmon, McIntyre, Flores-Chatfield
CONTINUED BUSINESS
CB1. FAC Bylaws Update – continue on next meeting
NEW BUSINESS
NB1. FY25-26 CDBG FY25-26
A motion was made by Kevin Stapleton, seconded by Geoff Cobbett, to approve Item NB1.
Motion on NB1 was approved as follows:
AYES: Casasola, Cobbett, Stapleton, Noriega, Nass, Galindo NOES: None
ABSTAIN: None
ABSENT: Salmon, McIntyre, Flores-Chatfield
ADJOURNMENT
There being no further business, the meeting adjourned at 6:20 p.m.
Respectfully Submitted,
Lisa Lee, Administrative Technician
Approved and adopted this day of , 2024.
Lynda Noriega, Chairperson
ATTACHMENT D
RESOLUTION CC 2025-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, AUTHORIZING THE ALLOCATION OF THE FIFTY
FIRST COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FOR FISCAL YEAR 2025-2026
WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments with the resources necessary to meet the needs of persons of low-and moderate-income; and
WHEREAS, the City of Covina contracts with the Los Angeles County Development Authority for the disbursement of Community Development Block Grant Funds, through the Urban County Program; and
WHEREAS, the City of Covina will receive an estimated total of $293,058 in Fiscal Year 2025-2026 in CDBG Funds; and
WHEREAS, the City Council has conducted a public hearing, with the required prior notice, to provide the public with an opportunity to comment on the programs proposed for the Fiscal Year 2025-2026 CDBG funds program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the CDBG program budget for Fiscal Year 2025-2026 and instructs staff to submit the necessary documentation and a copy of this Declaration to the Los Angeles County Community Development Authority.
SECTION 2. The City Council authorizes City staff to adjust the program budget as necessary throughout the Fiscal Year, based on the final allocation, with a maximum of 15 percent of funding allocated for public service programs. This includes, but is not limited to, allocating amounts on a per project basis, adjusting project budgets, implementing a new project or cancelling existing activities, to allow for the timely expenditure of CDBG funds.
SECTION 3. The City Manager or his designee is authorized to execute documents related to the Fiscal Year 2025-2026 CDBG program.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 21st day of January, 2025.
Resolution CC 2025-06 Page 2 of 2
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 2025-06 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of January, 2025, 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. NB 1
Meeting: January 21, 2025
Title: A Professional Services Agreement with PCAM, LLC dba Parking Company of America for the Operation of a Micro Transit Pilot Program
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Authorize the City Manager to execute a Professional Services Agreement with PCAM, LLC dba Parking Company of America for the Operation of a Micro Transit Pilot Program and authorize the City Manager or his designee to execute the Agreement and related documents.
EXECUTIVE SUMMARY:
On April 2, 2024 the Covina City Council adopted Resolution CC 2024-15 which allowed the City to accept $113,100 in grant funding from the Energy Efficiency and Conservation Block Grant Program (EECBG) for the purchase of three (3) GEM e6 electric vehicles. The vehicles were purchased for the purpose of creating a micro transit pilot program to help enhance connectivity and economic development throughout the City’s Town Center Specific Plan area. Since that time, staff has purchased the vehicles using the EECBG grant funds and employed the help of several local businesses to help create a program known as “FRIC & FRAC” (“Free Rides In Covina & Free Rides Around Covina”).
The FRIC & FRAC pilot program will deploy two (2) GEM e6 electric vehicles Thursday through Sunday and operate as a no-cost, fixed-route hop-on/hop-off transportation service in the downtown area, with the goals of filling a transportation gap, alleviating parking and congestion, and providing a unique experience for visitors, adding to the character, scene, and local sense of place to the downtown area.
Similar concepts exist in other local cities, such as Anaheim. Anaheim’s program, called “FRAN” (“Free Rides Around the Neighborhood”), is operated by PCAM, LLC (“PCAM”). PCAM currently operates the Covina’s Dial A Ride program and has worked closely with staff to help design the FRIC & FRAC program. Staff therefore recommends entering into an agreement with PCAM for the operation of the FRIC & FRAC micro transit pilot program for an amount not to exceed $300,000.
If approved, FRIC & FRAC will be operational and in service beginning on Thursday, February 6, 2025.
DISCUSSION:
The proposed micro transit program is intended to be both a “first-mile/last-mile” transportation program as well as an economic development/promotional strategy. The FRIC & FRAC fleet consists of two (2) 6-passenger EV carts to be operated concurrently and a third 6-passenger EV cart to be used as needed for riders requiring ADAaccessibility. To test the effectiveness of the program the initial service area will be within the Covina Town Center Specific Plan (“CTCSP”) area, which is generally what is referred to as the City’s downtown. The CTCSP boundaries are shown below in Figure 1.
Figure 1. The defined service area, known as the Covina Town Center Specific Plan.
Program Design:
FRIC & FRAC will operate from Thursday through Sunday during the following hours:
Thursdays & Sundays: 1:00 pm – 9:30 pm
Fridays & Saturdays: 2:00 pm – 11:00 pm
Community Development Department staff have worked closely with the Covina Police Department, Public Works Department, and PCAM to design and select hop-on/hop-off stations and fixed-routing which maximize connectivity, energy efficiency, and safety. The program will have nine (9) stations throughout the CTCSP which passengers can use to catch a ride on FRIC & FRAC, and staff will meet regularly with PCAM to review program metrics related to operating hours and routing, allowing for future adjustments to be made to ensure the program is effective. Much like an airport shuttle or trolley, riders can use any of the hop-on/hop-off stations to wait for a FRIC & FRAC ride to arrive and then be dropped off at their desired station along the fixed-route. The initial stations are shown below in Figure 2.
Figure 2. Initial stations and route for FRIC & FRAC Pilot Program.
The vehicles have the capacity to hold five (5) passengers at a time, and four (4) passengers in the ADA-accessible vehicle. A frame signs throughout the downtown will be posted to help riders determine how close they are to a FRIC & FRAC station, and to designate station stops. To catch a ride, riders should find their closest station stop and wait for the next available vehicle to arrive. Each A frame sign will also have a QR code connecting riders to a website which allows riders to track where the closest vehicle is on the fixed route.
PCAM Scope of Work:
PCAM’s rate is $$61.53 per hour per vehicle, and as the operator of the vehicles and program PCAM will be responsible for the following duties, which are included within the hourly rate and described in greater detail in Attachment A, Exhibit B “Scope of Service”:
Providing two drivers to operate the vehicles during service hours Maintaining the electric vehicles and their batteries pursuant to the vehicles’ owner’s manual and as needed, including maintaining the services of a mobile mechanic Performing vehicle inspections each day prior to use, and thorough vehicle inspections no less than every 45 days
Installing and maintaining cameras in each vehicle with audio and visual recording to be reviewed if needed and stored by the operator for no less than ten (10) days Installation and maintenance of GPS tracking for all vehicles, and providing website hosting for live GPS tracking of the vehicles for use by residents
Maintenance of a real-time communication system and maintenance of a customer service hotline Providing accessible vehicle access to those requesting the use of an ADA accessible vehicle Tracking and reporting monthly on metrics related to the effectiveness of the program, including tracking ridership, peak hours, customer satisfaction, and service reliability Research:
Several other cities within the Southern California region have implemented similar programs, and staff has communicated with several of them to discuss best practices. Similar programs have been implemented in Anaheim (FRAN), Long Beach (Go Active LB), San Diego (FRED), and Laguna Beach (Laguna Beach Local).
Additionally, the connectivity of the CTCSP service area has been evaluated extensively through various City studies and grants and is designed to be less reliant on single-occupancy vehicle traffic and to encourage public transportation, biking, and walking. Moreover, the Metrolink train is within the service area and will have a station location for FRIC & FRAC, allowing users to easily take the train to Covina with a direct zero emission connection to downtown via FRIC & FRAC, helping to promote multi-modal transportation and promoting equity for riders of all physical ability levels.
Program Benefits:
FRIC & FRAC rides are designed with a host of local and regional benefits in mind, including:
Efficient, scalable, and eco-friendly (reduce Vehicle Miles Traveled and Green House Gas emissions) Promote multi-modal transportation by encouraging other forms of travel within the Covina downtown core
Stimulate economic development in Covina by promoting the city as a destination using convenient transportation within highly visible and unique vehicles Establish an identity in the downtown area to help with placemaking Alleviate parking and congestion issues within the Citrus Avenue corridor Promote equity by providing free, accessible transit
Local Business Support:
Staff has utilized the services of several local Covina businesses to prepare the vehicles and program for use.
Pinata Design Studio (1580 W San Bernardino Road, Unit J) designed the vehicle wraps and G2 Graphics (978 East Arrow Highway) installed the vehicle wraps. 789 Inc. (101 N. Citrus Avenue, #3C) has assisted the City in filming and producing videos and social media content to promote the program and is designing promotional materials and the content for the A frame signage, while Unique Printing (754 E. Arrow Highway, Unit C) has helped procure the A frame signs. Finally, Signarama Covina (305 E. Rowland Street) installed a roof signage to assist in producing aerial media content.
FISCAL IMPACT:
Operational costs related to this program are budgeted and available in account 2400-4350-53743-FRIC, and have been funded through Proposition A funds and through a lease agreement with Covina Valley Kia for use of City parking facilities. Funding is currently sufficient to cover operating costs for this fiscal year.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated January 21, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and PCAM, LLC dba Parking Company of America, a California limited liability company (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to operate a free, fixed-route, hop-on hop-off, micro transit pilot program within a portion of the City’s Town Center Specific Plan area. The Consultant will operate the eco-friendly electric vehicles pursuant to the services described in detail in Exhibit B “Scope of Services”.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through March 31, 2027 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one year terms. In no event shall the contract be extended beyond March 31, 2029.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Three Hundred Thousand Dollars ($300,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
B. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
ATTACHMENT A
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3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joseph “Pep” Valdes, Executive Vice President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement.
Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
C. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
D. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
E. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
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B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel
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to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
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B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole
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negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
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A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance with coverage at least as broad as follows:
1) Commercial General Liability Insurance: Insurance Services Office Form CG 00 01 covering CGL with limits no less than Two Million Dollars ($2,000,000) per occurrence for products and completed operations, bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit of no less than Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, officials, employees, agents and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if a later edition is used).
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
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F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
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B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Chris Marcarello Attn: Mario Cardenas
City Manager Vice President of Transportation
City of Covina PCAM, LLC
125 E. College Street| 3165 Garfield Avenue
Covina, California 91723 Los Angeles, CA 90040
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17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
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23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
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City:
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
Consultant:
PCAM, LLC
a California limited liability company
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
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EXHIBIT A
APPROVED FEE SCHEDULE
PCAM, LLC 3165 Garfield Ave. Commerce CA 90040 (562) 862-2118 Proposal of Micro Transit
The City of Covina (the "City")
Date: January,16 2025
Between:
PCAM LLC
3165 Garfield Ave.
Commerce CA 90040
And City of Covina Ca
125 E. College St.
Covina CA 91723
This Term Sheet summarizes the principal terms of Proposal with the City of Covina CA . • Contractor • PCAM, LLC dba Parking Company of America (PCA) Contractor Contacts
Mr. Eric Chaves, President
Mr. Joseph “Pep” Valdes, Executive Vice President
Mr. Mario Cadenas, Vice President of Transportation
Term The term of this Agreement shall be from the Effective Date through March 31, 2027 unless sooner terminated as provided in Section 14 of the Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one year terms. In no event shall the contract be extended beyond March 31, 2029
Cost Proposal
City will provide
Vehicles)
Hours of Operation:
2 Micro Transit
Thursdays: 1:00pm - 9:30pm
Fridays: 2:00pm - 11:00pm
Saturdays: 2:00pm - 11:00pm
Sundays: 1:00pm - 9:30pm
PCAM, LLC 3165 Garfield Ave. Commerce CA 90040 (562) 862-2118 Billing Rate per Revenue Service Hour (RSH) shall be $61.53 per based on 303 average revenue hours per month 3% annually increase will apply “Revenue Service Hour
(RSH)” shall mean any sixty-minute increment of time, or portion thereof, beginning with the time the vehicle pulls out and is available for passenger transport within the Contractor’s established hours of service, and the time the vehicle arrives back at the yard to end service, minus any clocked-out lunch break time.
▪ Under the terms of our proposed agreement, PCAM LLC shall be responsible to provide and manage staffing for the following positions and responsibilities:
• General Management
• Liability Insurance
• Micro transit Operators
• Dispatch Center
• Vehicle Maintenance and body repairs
• GPS and Cameras for each vehicle
• Vehicle Tracking website / App
• Uniforms
• Radio Communication
• City of Covina will provide 2 and one spare Electric Micro Transit that can help reduce emissions and promote sustainability. This move can align with the city's green initiatives and contribute to a cleaner environment. •
• PCAM LLC will maintain a mobile app that allows passengers to track micro transit locations in real-time.
• PCAM LLC will use reliable vehicles and wrap them per City request. • PCAM LLC will Provide:
a) The total number of passengers who use the trolley service each day, week, month, and year.
PCAM, LLC 3165 Garfield Ave. Commerce CA 90040 (562) 862-2118 b) Reports will Identifying the busiest hours of the day or week can assist in allocating resources more efficiently and planning for additional services during peak times.
c) Reporting incidents that cause service disruptions, such as accidents, road closures, or mechanical issues, helps the city address potential problems and improve reliability.
d) User Feedback and Complaints: Gathering feedback from passengers and documenting complaints helps identify areas for improvement and customer satisfaction levels. e) Data on the usage of accessible features (e.g., ramps, low-floor boarding) can help assess the effectiveness of efforts to make the micro transit system inclusive for all passengers.
f) maintenance plan which includes maintenance schedules, repair frequency, and vehicle downtime ensures that the micro transit are in good working condition and minimizes service interruptions.
City Under the terms of our proposed agreement, the City shall be responsible / Responsibilities for maintaining the following:
• Vehicle Storage.
• 2 GEM e6 Electric Micro Transit and one Spare
• Installation of the charging station and electricity consumption
All terms and provisions of this Term Sheet shall remain in full force and effect. If there is a conflict between the terms and provisions of this Term Sheet and any prior Operating Agreements or Assignments, then the terms of this Term Sheet shall control.
IN WITNESS WHEREOF, the parties hereto have caused this Term Sheet to be executed by their respective duly authorized agents as of the date first set forth above. “CITY” “CONTRACTOR”
PCAM, LLC 3165 Garfield Ave. Commerce CA 90040 (562) 862-2118 By: By:______________________________
Its: _________________________________ Its _______________________________ Date: __________________________________ Dated ______________________________
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EXHIBIT B
SCOPE OF SERVICE
Attachment A
FRIC & FRAC MICROTRANSIT PILOT PROGRAM
SCOPE OF SERVICES
CONTRACTOR shall provide the CITY with the following professional services for the PILOT PROGRAM aka “Services”, “Program”, and “Pilot Program”:
1. Service Coverage
CONTRACTOR shall operate and manage a fixed-route, hop-on hop-off rideshare service, created to provide convenient and accessible zero-emissions transportation options for residents and visitors within the defined service area as illustrated in Figure 1. Figure 2 shows the initial pick up and drop off locations called “Stations” or “Stops” and initial fixed routes. Vehicles may not pick up or drop off riders at locations, hereby referred to as “Stations”, outside of those expressly agreed upon by the Contractor and City. Upon mutual written agreement between the Contractor and City, the route and Stations may change in response to ridership levels, safety, convenience, and popularity of initial Stations and routes. These changes shall not require a formal amendment to the Agreement.
Figure 1. The defined service area, known as the Covina Town Center Specific Plan.
Figure 2. Initial stations and route for FRIC & FRAC Pilot Program.
2. Fleet, Maintenance and Operations
CONTRACTOR shall maintain and deploy a fleet of three (3) standard GEMs, consisting of one (1) ADA GEM, and two (2) standard GEMs. The standard GEMs shall operate with no more than five (5) passengers at any given time, and the ADA GEM shall operate with no more than four (4) passengers at any given time. Unless otherwise needed, the Contractor shall have two (2) standard vehicles in operation during all service hours. The Contractor shall provide training to all drivers.
All drivers and passengers shall wear seatbelts and follow all standard safety precautions when vehicles are in transit.
A. Minimum Vehicle Requirements:
1. Comply with all applicable laws and regulations;
2. Be fully electric;
3. Comply with ADA accessibility requirements;
4. Meet all safety standards established by any applicable law or regulation, including but not limited to the National Highway Traffic Safety Administration and the State of California; and
5. Feature carrying capacity for oversized items such as backpacks and handbags.
B. Storage and Staging of Vehicles:
1. Vehicles will be stored at the City’s Public Works Yard (“Yard”) located at 534 North Barranca Avenue. The Operator is responsible for charging the electric vehicles nightly
and during breaks to ensure the vehicles are available during service hours. Maintenance of the electric charging stations, parking spaces, remote control access to Yard, the and the cost of electricity to charge the cars will be the responsibility of the City.
2. The Operator shall continue driving on the fixed route whenever possible, even when passengers are not in the vehicle.
3. Vehicles shall not be left unattended and shall be locked and/or secured against unauthorized use when unoccupied and overnight.
C. Vehicle Maintenance:
1. At a minimum, Contractor shall regularly service vehicles as instructed in the vehicle’s owner’s manual or as needed, whichever is sooner.
2. At cost to the Contractor, the Contractor represents that they maintain the services of a “mobile mechanic” who will service any wear and tear of the vehicles and provide regular inspections and refill of fluids and other items necessary to the vehicles’ operations.
3. The Contractor is responsible for inspecting vehicles each day prior to use pursuant to Contractor’s established standards, and Contractor will perform a thorough inspection of each vehicle no less than every 45 days.
4. Should the vehicle’s battery need to be replaced, the replacement will be at-cost to the City.
All other vehicle maintenance, including parts and labor outside of the vehicle’s warranty, are included in the Contractor’s hourly rate.
5. The Contractor will repair vehicles needing more extensive service off-site, and will tow the cars off-site and return them to the Yard at no cost to the City. Repairs will be performed at Contractor’s main site or at their selected, contracted body shop in Monrovia, CA.
6. Contractor is responsible for communicating with City staff to make them aware of any maintenance concerns related to the ability of the vehicle chargers to work properly.
D. Vehicle Operations:
1. The Operator will install and maintain one camera with visual and audio recording installed per vehicle, with a lens pointed inward on the vehicle and outward towards the street. The video and audio will be saved by the Contractor for ten (10) days and will be accessible to City staff directly if staff desire to have direct access. The video and audio will be active during all operational hours.
2. The Contractor shall install and maintain GPS tracking of all fleet vehicles, and real-time communication systems to ensure efficient routing, safety, and passenger convenience. The City shall have the ability to integrate the GPS tracking of the vehicles into an online website for public use.
3. Contractor will operate the program rain or shine, so long as the weather conditions do not inhibit the safety of the driver or passengers.
4. Contractor will communicate via radio with their dispatch center as needed.
5. Contractor is responsible for maintaining a customer service hotline, and shall respond to inquiries and comments as they relate to the Program. The Contractor shall provide a log of these calls monthly pursuant to Section 6 “Reporting and Accountability”. Should any person threaten litigation, the Contractor shall report the interaction to the City within 24 hours.
3. Service Hours
1. The Operator and the City understand that as a pilot program, adjustments to the operating hours may be needed and mutually agree to meet and convene as needed to allow for changes to be made administratively. A formal amendment to the Agreement shall be required for any adjustments in which the hours of operation are reduced or expanded by eight (8) or more cumulative hours per week.
2. The Pilot Program shall begin no later than March 6, 2025. Additional hours of operation outside of the normal schedule may be requested by the City with no less than one (1) weeks’ notice in writing to PCAM LLC and will be billed at the standard hourly rate.
3. Drivers of the vehicles shall stagger break times to ensure that no less than one vehicle is operating at a time. The Program shall operate 52 weeks per year, and but shall not operate on Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Day.
4. The Contractor shall employ enough drivers to ensure coverage is available during service hours.
Contractor shall operate the service as shown during the following hours pursuant to the initiation of the Pilot Program.
Hours of Operations:
Thursdays: 1:00 pm – 9:30 pm
Fridays: 2:00 pm – 11:00 pm
Saturdays: 2:00 pm – 11:00 pm
Sundays: 1:00 pm – 9:30 pm
4. Fare Structure and Payment
This Pilot Program is established as a no-fare structure. The City reserves the right to add a passenger fare at a future date, but within the term of this contract.
5. Accessibility and Inclusivity
Contractor shall prioritize accessibility for all residents, including individuals with disabilities and shall familiarize themselves with the Americans with Disabilities Act. This includes providing an Americans with Disabilities Act approved wheelchair accessible vehicle, ensuring compliance with accessibility standards, and offering assistance services as needed.
Contractor shall establish a protocol for switching vehicles when needed to service a rider who requires an accessible vehicle.
6. Reporting and Accountability
Contractor shall provide monthly reports to the City, for the following:
• Ridership data for all rides provided during the reporting period. Ridership data shall include the following information:
Reporting Criteria
Indicator Metric Unit of Measurement
Operations and Ridership Station Use and Ridership Number of people picked up at and dropped off at each
station (per vehicle and
total), hourly and daily
ADA Usage Number of rides given to
passengers needing an ADA
Accessible vehicle
Number of Shared Rides Percentage of time vehicle is
occupied by more than one
passenger
Vehicle Utilization Peak and Off-Peak Hours Total riders per hour per day Program Capacity Number of times vehicle was
too full to pick up waiting
passengers
Vehicle Performance and
Capability
Report of battery life
available at drivers’ breaks
and at end of service day (per
vehicle)
Service Reliability Disruptions Number of times a vehicle encountered a delay during
service hours due to vehicle
issues and number of times
vehicles have broken down
Customer Satisfaction Rider Satisfaction Provide log of monthly calls to Contractor’s customer
service line including if the
call was related to
satisfaction (and why),
dissatisfaction (and why),
questions, or suggestions
7. Periodic Reviews and Customer Surveys
Contractor shall collaborate with the City in conducting periodic reviews and assessments of the service's effectiveness and make necessary adjustments to enhance its quality and efficiency.
Contractor shall also collaborate with the City to prepare a customer survey, including question selection, target sample size, and timing.
8. Service Level Adjustments.
Contractor shall coordinate with the City to monitor service level adjustments, accordingly. The Contractor and the City will work in good faith to develop a service level plan that addresses service demand and is operationally sustainable. It is anticipated that the Contractor and City will evaluate service levels regularly and may adjust service levels several times throughout this Contract term. The Contractor shall not make any modifications to the established service levels unless otherwise agreed to upon by both parties in writing.
9. Professionalism
The Contractor shall establish and maintain a Passenger Code of Conduct and is responsible for enforcing said ridership conduct. The Contractor shall call emergency services at their discretion when and if their services are needed and shall report any such calls within 24 hours to the City.
The Contractor shall present a professional image and a high standard of quality and technical competence at all times. Total responsibility for this is placed upon the Contractor.
General Requirements
1. The Contractor and any staff and services hired by the Contractor in the performance of this Agreement shall possess and maintain all necessary and appropriate professional licenses and permits as needed to perform the duties set forth under this Agreement.
2. The Contractor shall provide and maintain a telephone customer service system that provides for contact during normal business hours, (8:00 a.m. to 5:00 p.m.) Monday through Friday. Messages left regarding this Program shall be responded to within two (2) business days.
3. The Contractor shall provide to the City the direct contact information for the local operations manager or equivalent that manages this Agreement.
4. The Contractor shall abide by all applicable laws and regulations.