CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, August 5, 2025, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
IMPORTANT NOTICE
Members of the public may begin entering the City Council Chamber 15 minutes prior to the scheduled start time of the meeting as listed above. During this time, and the duration of the meeting, members of the public will have access to the City Council Chamber and first floor restrooms only.
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum Channel 29 and Frontier Channel 42. To view from the website, click here or scroll down on the home page and click "City Meetings", once on the page, click the highlighted word next to Video Library under the City Council Meeting Agendas and Minutes header. A live banner will appear at the start of the meeting.
Public Comments: Time is reserved during the Public Comments portion of the meeting for those in the audience who wish to address the City Council on items listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) and items not listed in the agenda within the subject matter jurisdiction of the City Council, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the public hearing is held.
All communications are to be addressed directly to the City Council and not to the members of the audience.
Each speaker is limited to a total of three (3) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on anticipated length of the meeting. A speaker's time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority from taking action on any item not on the agenda.
Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pages
JOINT MEETING—CLOSED SESSION 6:30 PM
CLOSED SESSION - WILL NOT BE HELD
JOINT MEETING—OPEN SESSION 7:30 PM
CALL TO ORDER
Council/Agency/Authority Members: Walter Allen, III, Patricia Cortez, John C. King, Mayor Pro Tem/Vice Chair Hector Delgado, and Mayor/Chair Victor Linares
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Mayor Linares.
INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.
APPROVAL OF AGENDA
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council/Agency/Authority on any item listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) or not listed on the agenda, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the public hearing is held.
Each speaker is limited to a total of three (3) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on the anticipated length of the meeting.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under Consent Calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the Consent Calendar for discussion.
CC 1. Minutes 9
Staff Recommendation:
Approve the Minutes of the June 3, 2025, Special Closed Session Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. Minutes 11
Staff Recommendation:
Approve the Minutes of the June 17, 2025, Special Closed Session Meeting of
the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 3. Minutes 13
Staff Recommendation:
Approve the Minutes of the June 17, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 4. Minutes 23
Approve the Minutes of the July 1, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 5. Payment of Demands 31
Staff Recommendation:
Approve Payment of Demands in the amount of $8,898,524.34.
CC 6. City of Covina Investment Report for Month Ended June 30, 2025 41 Staff Recommendation:
Receive and File.
CC 7. Memorandum of Understanding between LA County Metropolitan Transportation Authority & the City of Covina for Prop. A Discretionary Incentive Grant Program for Collecting & Reporting Data for the National Transit Database for Report Year 2023
57 Staff Recommendation:
Authorize the City Manager to execute the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2023.
CC 8. Designating Certain Officials as Individuals Authorized to Execute Applications and Documents for the Purpose of Obtaining Financial Assistance Under Public Law 93-288 (PL 93-288)
67 Staff Recommendation:
Adopt Resolution CC 2025-95 designating the Mayor, City Manager, or Director of Finance as authorized agent to execute applications and documents for the purpose of obtaining financial assistance for disaster relief.
CC 9. Adoption of Ordinance 25-06 75
Staff Recommendation:
Adopt Ordinance 25-06 Entitled, “Approving a Development Agreement Between Stiiizy Covina Inc, and the City of Covina, Related to Approval of a 4,600 Cannabis Microbusiness Retail Establishment Within the PCD (Planned Community Development) / M-1 (Light Manufacturing) Zone, Located at 754 East Arrow Highway (APN: 8405-003-032) and Making a Determination of Exemption Under CEQA.
CC 10. Adoption of Ordinance 25-07 83
Staff Recommendation:
Adopt Ordinance 25-07 Entitled, “An Ordinance of the City of Covina
Approving a Development Agreement Between Rilano Covina Inc, and the City of Covina, Related to a Proposal To Approval of a 3,443 Square Foot Cannabis Retail Establishment Within the Mixed-Use Overlay District (MUOD) / Commercial (Regional or Community Shopping Center) C-3A Zone, Located at 216 East Rowland Street, (APN: 8451-001-019) and Making a Determination of Exemption under CEQA”.
CC 11. Adoption of Ordinance 25-08 91
Staff Recommendation:
Adopt Ordinance 25-08 Entitled, “An Ordinance of the City Council of the City of Covina, California, Approving a Development Agreement between Zen GW Cali Partners LLC, and the City Of Covina, Related to Approval of a 3,956 Square Foot Cannabis Retail Establishment within the Covina Town Center Specific Plan (CTCSP) Mixed Use (MU) Zone Located at 125 South Citrus Avenue (APN 8444-001-018) and Making a Finding of Exemption Under CEQA”.
CC 12. Request to Cancel the Regular City Council Meeting of August 19, 2025 97 Staff Recommendation:
That the City Council consider cancelling the regular scheduled City Council Meeting of August 19, 2025.
CC 13. Speed Hump Installation Project – Armel Drive between Rowland Avenue and Workman Avenue
99 Staff Recommendation:
Approve Recommendation from the Transportation and Mobility Advisory Commission for the installation of speed humps on Armel Drive between Rowland Avenue and Workman Avenue; and
1. Award a Minor Construction and Maintenance Agreement to FS Contractors, Inc as the lowest responsive, responsible bidder in an amount not-to-exceed $22,950 and authorize the City Manager to execute the agreement.
2. CC 14. Award of Contract to FS Contractors, Inc. for the Replacement of Fencing located at the Covina City Yard and various locations along Charter Oak Wash in an amount not-to-exceed $52,500
125
Staff Recommendation:
Authorize the City Manager to execute a contract between FS Contractors, Inc. and the City of Covina for the Replacement of Fencing located at the Covina City Yard and various locations along Charter Oak Wash.
CC 15. Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference Which Includes the Annual Business Meeting – October 8-10, 2025
153
Staff Recommendation:
Designate Councilmember Walter Allen, III, as the voting delegate and Mayor Pro Tem Hector Delgado, as the alternate to represent the City at the Annual Business Meeting of the League of California Cities General Assembly; and
1. Direct the Chief Deputy City Clerk to submit the required "Voting Delegate Form" to the League's Sacramento Office no later than
2.
September 24, 2025.
CC 16. Confirm and Approve City Council’s Revisions to Various Boards and Commissions Appointments
159
Staff Recommendation:
Approve the City Council’s revisions to various boards and commissions appointments.
CC 17. Covina Police Department Parking Lots Slurry Seal Project – Project No.
F2601 – Award of Minor Construction and Maintenance Agreement to FS Contractors, Inc in an Amount Not-To Exceed $46,970
161
Staff Recommendation:
Award a Minor Construction and Maintenance Agreement to FS Contractors, Inc. as the lowest responsive, responsible bidder in an amount not-to-exceed $46,970 and authorize the City Manager, or his designee, to execute the agreement; and
1. Adopt Resolution CC 2025-96 amending the FY 2025-2026 Capital Improvement Program and Capital Improvement Program Budget to add the Covina Police Department Parking Lots Slurry Seal Project – Project No. F2601 and transfer $46,970 from the General Fund into the General CIP Fund for use towards project completion.
2. CC 18. Memorandum of Understanding (MOU) Side Letter Agreements with the Police Association of Covina (PAC) and the Police Supervisors Association of Covina (PSC)
189
Staff Recommendation:
Approve Resolution CC 2025-98 and Resolution CC 2025-99 and authorize City Manager to sign MOU side letter agreements with PAC and PSC.
CC 19. Purchase Agreement for the Replacement of a Public Works Utility Truck and the Modification of Two (2) Utility Trucks
203
Staff Recommendation:
Authorize the City Manager to execute a Purchase Agreement with Puente Hills Ford for the purchase of one (1) 2025 Ford Maverick XL Hybrid and the reconditioning of two (2) fleet vehicles with (1) 2024 Ford F-250SD XL and one (1) 2024 Ford F-350SD XL for an amount not-to-exceed $164,497.08.
CC 20. Lease Agreement with Axon Enterprises Inc for a Mobile Audio/Video (In-Car) System and Body Worn Cameras
217
Staff Recommendation:
Adopt Resolution CC 2025-101 approving a ten-year lease agreement with Axon Enterprises Inc. for a mobile audio/video (in-car) system and body worn cameras using the competitively bid Sourcewell Cooperative Purchasing Agreement (Solicitation #101223-AXN);
1. 2. Amend the Police Department’s FY 2025-26 budget by $133,000; Authorize staff to repurpose and/or resell any current equipment including Cradlepoint units that remain in good condition as part of the implementation of the new Axon system.
3. CC 21. 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No.
F2501 – Final Acceptance and Filing Notice of Completion 277
Staff Recommendation:
1. Accept the work performed by Siterep Construction Services, Inc.; Authorize the City Clerk to file a Notice of Completion for the 114 E.
Italia Street Restaurant Remodel/Expansion Project – Project No.
F2501; and
2. Approve Resolution CC 2025-100 appropriating $82,624.66 from Measure CC Fund – Fund Balance to be transferred into the General CIP Fund for project completion.
3. CC 22. Request to Amend the City’s Classification Plan to Establish the Classification of Neighborhood Preservation Manager
285
Staff Recommendation:
That the City Council adopt Resolution CC 2025-97 to establish and amend the City's Classification plan, and establish the new job description and salary range for Neighborhood Preservation Manager within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.
CC 23. Amending the FY 25-26 Operating Budget and Professional Services Agreement with IPME for The Design and Permitting of Two (2) Pre-Fabricated Units at Covina Recreation Village in an Amount not to Exceed $100,000 323
Staff Recommendation:
Approve a Professional Services Agreement with International Port Management Enterprise (“IPME”) Corporation for the design and permitting of two pre-fabricated container units consisting of a public bathroom and commercial space to be located at the Covina Recreation Village Park site (640- 680 N Citrus Avenue).
CC 24. Request for Approval to Convert Two Part-Time Positions into One FullTime Office Assistant I Position 353
Staff Recommendation:
That the City Council Approve an Additional Full-Time Office Assistant Position.
PUBLIC HEARINGS
PH 1. Consideration of Resolutions Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 39), and to Call and Hold a Special Election (342 N.
Hollenbeck Avenue, Covina)
355
Staff Recommendation:
City Council to open the public hearing and consider public testimony and close the public hearing;
1. Adopt Resolution CC 2025-92, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 39) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors;
2. Adopt Resolution CC 2025-93, calling a special election and submitting to the voters of Annexation No. 39 of City of Covina Community Facilities District No. 2007-1 (Public Services),
3.
propositions regarding the annual levy of special taxes within Annexation No. 39 to finance public services, and the establishment of an appropriations limit; and
Adopt Resolution CC 2025-94 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 39.
4. ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, September 2, 2025, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT SPECIAL CLOSED SESSION MEETING
MINUTES
June 3, 2025, 6:15 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Mayor/Chair Victor Linares
Councilmembers Absent: Councilmember John C. King
Mayor Pro Tem/Vice-Chair Hector Delgado
Staff Present: City Manager Chris Marcarello
City Attorney Candice K. Lee
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
Police Chief Ric Walczak
Community Development Director/Deputy City Manager Brian Lee Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael M. Fajardo
Interim Finance Director Theresa Franke
_____________________________________________________________________
2 CLOSED SESSION
CALL TO ORDER
Mayor Linares called the Council/Agency/Authority meeting to order at 6:22 p.m. with Councilmember Allen, Councilmember Cortez, and Mayor Linares present.
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
A. Government Code § 54956.9(d)(2) - CONFERENCE WITH LEGAL -
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case based on facts and circumstances addressed in correspondence from Embarc’s litigation counsel to the City Attorney’s office regarding allegations regarding the application and selection process for cannabis retail dispensaries in the City that might result in litigation against the City. Said correspondence is available for inspection in the City Clerk’s Office upon request.
ADJOURNMENT
At 6:23 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority recessed into Closed Session and adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, June 3, 2025, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. ________________________________
Fabian Velez, Chief Deputy City Clerk
______________________________
Victor Linares, Mayor/Chair
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
June 17, 2025, 6:40 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember John C. King
Mayor Pro Tem/Vice-Chair Hector Delgado
Mayor/Chair Victor Linares
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
Police Chief Ric Walczak
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Treasurer Neil Polzin (Elected Member) City Attorney Candice K. Lee
Community Development Director/Deputy City Manager Brian Lee Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael M. Fajardo
Interim Finance Director Theresa Franke
_____________________________________________________________________
2 CLOSED SESSION
CALL TO ORDER
Mayor Linares called the Council/Agency/Authority meeting to order at 6:40 p.m. with all Councilmembers present.
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
A. Government Code § 54956.9(d)(2) - CONFERENCE WITH LEGAL -
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case based on facts and circumstances addressed in correspondence from Embarc’s litigation counsel to the City Attorney’s office regarding allegations regarding the application and selection process for cannabis retail dispensaries in the City that might result in litigation against the City. Said correspondence is available for inspection in the City Clerk’s Office upon request.
ADJOURNMENT
At 6:40 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority recessed into Closed Session and adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, June 17, 2025, at 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. ________________________________
Fabian Velez, Chief Deputy City Clerk
_____________________________
Victor Linares, Mayor/Chair
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
June 17, 2025, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember John C. King
Mayor Pro Tem/Vice-Chair Hector Delgado
Mayor/Chair Victor Linares
Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief Ric Walczak
Community Development Director/Deputy City Manager Brian Lee Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael M. Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Interim Finance Director Theresa Franke
_____________________________________________________________________
2 JOINT MEETING—CLOSED SESSION 6:30 PM
REGULAR CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM
CALL TO ORDER
Mayor Linares called the Council/Agency/Authority meeting to order at 7:31 p.m. with all Councilmembers present.
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Delgado.
INVOCATION
Given by Covina Police Chaplain Ron Butler.
APPROVAL OF AGENDA
Motion made by: Councilmember King
Seconded by: Mayor Pro Tem Delgado
Approve the agenda as presented.
Approved (5 to 0)
SPECIAL CLOSED SESSION REPORT
City Attorney Ennis announced that no reportable action was taken.
PRESENTATIONS
A. Pride Month
Mayor Linares presented a certificate to City Clerk Aleman declaring June 2025 as Pride Month in the City of Covina.
PUBLIC COMMENTS
Dr. Elizabeth Eminhizer, Superintendent for Covina-Valley Unified School District, expressed her appreciation for the Police Department's work over the past school year. She also gave thanks to Police Chief Walczak, Police Captain Mike Robison, and Police Officer Vincent Lopez for helping to ensure that graduation ceremonies were safe.
Dr. Bri (No Last Name) thanked the City Council for their statement regarding immigration enforcement and encouraged additional measures to be taken for the matter.
Neil Polzin expressed his grievances with the recently-adopted City Council attendance policy and provided suggestions on expanding the responsibilities of the City Treasurer.
3 Melinda Forbes thanked the City Council and Chamber of Commerce for a great event with the recently held Taste of Covina event and stated her excitement for next year's event.
Cindy (No Last Name) commented on recent protests in the City and the comfort felt in the support.
Cindy also encouraged further action regarding immigration enforcement.
Belinda Campos Breshahan, Project Manager for LAC+USC and member of the Breathe Clean Covina Coalition, thanked the City Council for their support on New Business Item NB 1. She also thanked State Senator Susan Rubio, Charter Oak Unified School District Board of Trustees Member Jeanette Flores, Behavioral Health Services, Inc., and The Wellness Center at Historic General Hospital for their letters of support. Belinda requested that the City Council consider adding additional language into Ordinance 25-05 to define electronic smoking devices.
Resident and Member of the Breathe Clean Covina Coalition Terry Llorens noted that not all members could attend the meeting and expressed their shared support for New Business Item NB 1 and Ordinance 25-05.
LAC+USC Community Engagement Coordinator and one of the Breathe Clean Covina Coalition founder Analey (No Last Name) also stated her support for Ordinance 25-05 with the proposed amendment and thanked the City Council for their support.
Brenda Botello and Evelyn Narciso individually expressed their support for Ordinance 25-05.
Christina Cardenas, Project Coordinator for Breathe Clean LA expressed the organization's solidarity in supporting Ordinance 25-05 and provided more information on the dangers of secondhand smoke.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Allen thanked Police Chief Walczak and the Police Department staff for helping keep Saturday's Immigration Enforcement Rally peaceful.
Councilmember King had no comments.
Councilmember Cortez congratulated the Covina Chamber of Commerce for a great Taste of Covina event. She also thanked the Police Department for helping to keep Saturday's Immigration Enforcement Rally safe and stated her admiration for what she saw as a community gathering to voice their support for the immigrant community.
Mayor Pro Tem Delgado thanked the Police Department, residents, and community members for keeping Saturday's Immigration Enforcement Rally peaceful and getting the message across safely. He also acknowledged Dr. Julia Ruedas, Member of the El Monte City Council.
Mayor Linares thanked the Covina Chamber of Commerce and City staff for their work in putting together the Taste of Covina event. He noted the good work being completed in the Consent Calendar regarding sewer system improvements and road improvements, and thanked Public Works Director Fajardo and the Public Works team for their hard work in completing projects.
Mayor Linares spoke on his conversations with the organizers of Saturday's Immigration Enforcement Rally and expressed the City's support and need for safety and thanked them for the good communication. He then touched on the Parks and Recreation Department's summer programs including a concert series beginning next Monday June 23, 2025, and encouraged parents to utilize programs for their kids.
Councilmember King shared a story regarding Saturday's Immigration Enforcement Rally and the City Fric-n-Frac vehicle.
4 CITY MANAGER COMMENTS
City Manager Marcarello had no comments.
CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Approve the Minutes of the May 6, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Approved (5 to 0)
CC 2. Payment of Demands
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Approve Payment of Demands in the amount of $1,869,796.78.
Approved (5 to 0)
CC 3. A Resolution Replacing the 2025-29 Capital Improvement Program (“CIP”) as Part of the 2024 Development Impact Fee (“DIF”) Nexus Study, with the 2026-30 CIP due to New Projects Identified and Proposed to be Partially Funded through DIFs
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Adopt Resolution CC 2025-65 Amending Exhibit B of Resolution CC 2024-57, by reference, replacing the previously adopted Fiscal Year 2025-2029 CIP with the recently adopted Fiscal Year 2026-2030 CIP due to the identification of one (1) new project “Alleyway Roadway Construction Project” proposed to be partially funded through DIFs and two (2) estimated start year to modifications, adjusting start year to FY26/27 for the “City Hall and Public Works Yard Master Plan and Design Project” and “Expansion of Citywide Public Safety Camera and Surveillance System Project”.
Approved (5 to 0)
CC 4. Second Amendment to Professional Services Agreement with Interwest Consulting Group
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Approve Second Amendment to Professional Services Agreement with Interwest Consulting Group for Specialized Community Development and Planning Services.
Approved (5 to 0)
5 CC 5. Professional Services Agreement with Evan Brooks Associates, Inc., for Grant Support Services
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Approve Professional Services Agreement with Evan Books Associates for an amount no-to-exceed $75,000 for on-call grant supportive services.
Approved (5 to 0)
CC 6. Fifth Amendment to Agreement Between the City of Covina and Social Vocational Services, Inc. (SVS) for Cleaning City Park Areas and Restrooms Motion made by: Councilmember Allen
Seconded by: Councilmember King
Authorize the City Manager to execute a Fifth Amendment to Agreement Between the City of Covina and Social Vocational Services, Inc. (SVS) for Cleaning City Park Areas and Restrooms, in an amount not-to-exceed $32,412 for a one-year period between July 1, 2025 and June 30, 2026.
Approved (5 to 0)
CC 7. Adopt Joint Tax Sharing Resolution Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Specific Property Located at 1029 East Covina Hills Road into Los Angeles County Sanitation District No. 22
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Adopt the joint tax sharing resolution, City Council Resolution CC 2025-66, approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of a specific property located at 1029 East Covina Hills Road into Los Angeles County Sanitation District No. 22.
Approved (5 to 0)
CC 8. Closed Circuit Television (CCTV) Video Inspection of Sewer Collection System – Project No. S2401 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Accept the work performed by Empire Pipe Cleaning & Equipment, Inc.; and
2. Authorize the City Clerk to file a Notice of Completion for the Closed Circuit Television (CCTV) Video Inspection of Sewer Collection System – Project No. S2401.
Approved (5 to 0)
6 CC 9. Badillo Street Resurfacing Project – Project No. P2506 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Accept the work performed by Gentry Brothers, Inc.; and
2. Authorize the City Clerk to file a Notice of Completion for the Badillo Street Resurfacing Project – Project No. P2506.
Approved (5 to 0)
CC 10. Street Residential Resurfacing Project – Project No. P2505 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Accept the work performed by Gentry Brothers, Inc.; and
2. Authorize the City Clerk to file a Notice of Completion for the Street Residential Resurfacing Project – Project No. P2505.
Approved (5 to 0)
CC 11. Third Amendment to Professional Services Agreement with PCAM, LLC (dba Parking Company of America) for Transit Operations Services for the Covina Dial-a-Ride Program
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Authorize the City Manager to execute the Third Amendment to the Professional Services Agreement with PCAM, LLC for a two-year extension in an amount not-to-exceed $484,692 for FY 2026 and $499,278 for FY 2027; and
2. Authorize the City Manager to execute a Professional Services Agreement to extend the On-Call Fleet Maintenance and Repair Services to June 30, 2026 in an amount not-to-exceed $230,000 annually.
Approved (5 to 0)
CC 12. Adoption of Ordinance 25-03
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Adopt Ordinance 25-03 Entitled, “Approving Zone Change (ZCH) 25-2, and Amending the City’s Official Zoning Map for 340 Parcels from the Existing Rd Residential Zone (Multifamily Rd 1250 And Rd 1500) to High Density Residential Zone (HDR), and the List of Assessors Parcel Numbers are Attached Hereto as Exhibit A, and Making a Finding of Exemption Pursuant to CEQA Guidelines Section 15061(B)(3)”.
Approved (5 to 0)
7 CC 13. Adoption of Ordinance 25-02
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Adopt Ordinance 25-02 Entitled, “Amending Chapter 2.54 (Public Projects) of Title 2 (Administration and Personnel) of the Covina Municipal Code, Revising Procedures and Requirements for Bidding of Public Works Projects, and Finding this Ordinance to be Exempt Under the California Environmental Quality Act (CEQA)”.
Approved (5 to 0)
CC 14. Confirmation of Mayor’s Appointments to Intergovernmental Agencies Motion made by: Councilmember Allen
Seconded by: Councilmember King
Approve the Mayor’s appointments of delegates and alternates to Intergovernmental Agencies.
Approved (5 to 0)
CC 15. Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Accept the work performed by Gentry Brothers, Inc.; and
2. Authorize the City Clerk to file a Notice of Completion for the Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508.
Approved (5 to 0)
CC 16. County of Los Angeles Department of Public Health Public Health Services Contract
Motion made by: Councilmember Allen
Seconded by: Councilmember King
Authorize the City Manager to execute the Public Health Services contract with the County of Los Angeles.
Approved (5 to 0)
CC 17. Authorize Side Letter Agreements between the City of Covina and the Police Association of Covina (PAC) and the Police Supervisors of Covina (PSC) Motion made by: Councilmember Allen
Seconded by: Councilmember King
That the City Council adopt Resolution CC 2025-71 and Resolution CC 2025-72, authorizing the following organizational changes:
8 1. Authorize the City Manager to execute a side letter agreement between the City and the Police Association of Covina (PAC) Bargaining Unit to establish a temporary double overtime pay for Public Safety Dispatchers.
2. Authorize the City Manager to execute a side letter agreement between the City and the Police Supervisors of Covina (PSC) Bargaining Unit to revise Article 11.4: Overtime and establish a temporary double overtime pay.
Approved (5 to 0)
CC 18. Resolutions Relating to the Annexation of Territory to CFD 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for August 5, 2025 (342 N. Hollenbeck Avenue, Covina//Annexation 39)
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Adopt City Resolution CC 2025-69, declaring intention to authorize the annexation of territory to Community Facilities District (CFD) No. 2007-1 (Public Services); and
2. Adopt City Resolution CC 2025-70, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).
Approved (5 to 0)
CC 19. Increase FY 2024-25 Workers’ Compensation Fund Appropriations Motion made by: Councilmember Allen
Seconded by: Councilmember King
Adopt Resolution CC 2025-73 Increasing Workers’ Compensation Fund Fiscal Year 2024-25 Budgeted Appropriations by $175,000.
Approved (5 to 0)
CC 20. Approval of First Amendment to the Professional Services Agreement (PSA) between the City of Covina and Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services
Motion made by: Councilmember Allen
Seconded by: Councilmember King
1. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services, extending the contract two additional fiscal years between July 1, 2025 through June 30, 2027; and
2. Authorize a CPI increase of $4,000 per fiscal year for a new not-to-exceed amount of $54,000 per fiscal year.
3. Adopt Resolution CC 2025-68, appropriating $4,000 from Environmental Services Fund – Fund Balance for use towards the PSA for Hazardous Waste Disposal Services.
Approved (5 to 0)
9 PUBLIC HEARINGS
PH 1. Adoption of Urgency Ordinance Extending Ordinance 25-01, Establishing a Moratorium on Battery Energy Storage Systems (BESS) Facilities within City Limits for a Period of 10 Months and 15 Days
Mayor Linares opened the public hearing.
The agenda report was provided by Community Development Director/Deputy City Manager Lee who also read revised language for Ordinance 25-04.
There were no public comments.
Mayor Linares closed the public hearing.
In response to an inquiry from Councilmember King and Mayor Pro Tem Delgado, Community Development Director/Deputy City Manager Lee and City Manager Marcarello clarified the process for the permanent establishment of City policy.
Motion made by: Councilmember King
Seconded by: Councilmember Cortez
Request the City Council adopt Ordinance 25-04, an urgency measure, extending Ordinance 25-01, establishing a moratorium on the acceptance and processing of any new entitlement applications and/or issuing any permit for new Battery Energy Storage Systems (BESS) within the city limits.
Approved (5 to 0)
PH 2. Public Hearing for the Financing and/or Refinancing of Capital Facilities for the Emanate Health
Councilmember Allen recused himself from the item out of an abundance of caution for a potential conflict of interest due to his service on the Board of Directors for Emanate Health.
Mayor Linares opened the public hearing.
The agenda report was provided by City Manager Marcarello.
In response to a request for clarification from Councilmember King, City Manager Marcarello confirmed the City is not entering into any financial obligations with the item.
There were no public comments.
Mayor Linares closed the public hearing.
Motion made by: Councilmember Cortez
Seconded by: Mayor Pro Tem Delgado
Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) in connection with the proposed bonds by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $90,000,000 for the purpose of financing and/or refinancing certain revenue bonds for Emanate Health; and adopt Resolution CC 2025-67.
Approved (4 to 0); Allen Abstain
10 NEW BUSINESS
NB 1. Breathe Clean Covina Public Health Campaign – Introduction of Ordinance 25-05 Amending Chapter 9.48 (Conduct in Parks)
The agenda report was provided by City Manager Marcarello and noted minor clerical updates to the report before the City Council.
Councilmember Allen stated his support for the item and noted a personal loss due to cigarettes.
City Manager Marcarello responded to a question from Councilmember Cortez regarding the proposed amendment.
Councilmember Cortez thanked Belinda and the Breathe Clean Covina Coalition for their work in coming together to show the City Council what can be improved and gave kudos to El Monte Councilmember Dr. Ruedas for her participation in the matter.
Motion made by: Councilmember Cortez
Seconded by: Councilmember Allen
That the City Council waive full reading and introduce Ordinance 25-05, entitled “An Ordinance of the City Council of the City of Covina Updating Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code, and Finding the Ordinance to be Exempt Under the California Environmental Quality Act (CEQA)”.
Approved (5 to 0)
ADJOURNMENT
At 8:15 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 1, 2025, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. ________________________________
Fabian Velez, Chief Deputy City Clerk
______________________________
Victor Linares, Mayor/Chair
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
July 1, 2025, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember John C. King
Mayor/Chair Victor Linares
Councilmembers Absent: Mayor Pro Tem/Vice-Chair Hector Delgado Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Kevin Ennis
Police Chief Ric Walczak
Community Development Director/Deputy City Manager Brian Lee Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael M. Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Finance Director Theresa Franke
Staff Absent: City Treasurer Neil Polzin (Elected Member) _____________________________________________________________________
2 JOINT MEETING—CLOSED SESSION 6:30 PM
CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM
CALL TO ORDER
Mayor Linares called the Council/Agency/Authority meeting to order at 7:33 p.m. with all Councilmembers present except Mayor Pro Tem Delgado.
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Councilmember Cortez.
INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.
APPROVAL OF AGENDA
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Approve the agenda as presented.
Approved (4 to 0); Delgado Absent
PRESENTATIONS
B. Recognition of Retiring Planning Commissioner John Connors Mayor Linares provided a brief history of Planning Commissioner John Connors accomplishments with the City and thanked him for his 17 years of service. Mayor Linares presented Planning Commissioner Connors with a certificate and City memorabilia.
Planning Commissioner Connors provided a few words time about his time on the Planning Commission.
A. Recognition of Covina Baseball Club 10U on USSSA International World Series
Mayor Linares called forward the Covina Baseball Club and congratulated the team for winning the USSSA U10 International World Series. He also thanked the parents and coaches for giving the support needed to win and gave a brief summary of the team’s accomplishments. Mayor Linares provided certificates to each player and coach.
3 PUBLIC COMMENTS
Susan Zermeno provided retirement wishes to Planning Commissioner Connors. She also requested to know what the City is doing in response to the recent matters regarding immigration enforcement and encouraged the City to be proactive on the issue utilizing the City website.
Camila Rosero urged the City Council to take action on the recent matters regarding immigration enforcement in manners similar to other cities and examples.
Brian Calderon Tabatabai commented on the effects seen as a result of the increased immigration enforcement by federal officers and provided suggestions he would like the City Council to consider.
Dr. Bri (No Last Name) also commented on immigration enforcement and requested the City Council take action.
Brian Amalfitano shared a personal immigration story and encouraged the community to speak up for each other.
Deserie (No Last Name) stated that she was proud to see the City's statement on the recent events regarding immigration enforcement and recommended the City Council do more.
Delfina Russell was not present when her name was called.
Mabel and Ledy (No Last Name) provided Ledy’s story as a resident of the City, inquired as to City funds are utilized, and requested more funds be invested into the City's library and schools.
Sara Rizvi asked for additional information regarding Consent Calendar Item CC 5 and the attached resolution authorizing additional funding for parking enforcement, and provided alternative sources of funding for the City to consider. She also proposed an immigrant resources fund mirroring other cities' efforts.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Allen expressed his appreciation for Planning Commissioner Connors and thanked him for his work with the City. He also thanked Police Chief Walczak and the staff of the Covina Police Department for the upcoming event honoring fallen officer Sergeant Scott Hansen.
He also thanked the Police Department for the assistance provided to Baldwin Park Police Department after the death of Officer Samuel Rivero.
Councilmember King asked those who commented to stay in the meeting to hear an update on the topic of immigration enforcement from the City. He also expressed his excitement for the upcoming Fourth of July Breakfast with the Band celebration and wished everyone a wonderful Fourth of July.
Councilmember Cortez congratulated Planning Commissioner Connors on his retirement and thanked him for his leadership on the Planning Commission. She also congratulated the Covina Baseball Club on their championship victory. Councilmember Cortez commented on her rationale regarding the changes to the public comment time limit.
Councilmember King thanked Planning Commissioner Connors for his service and discussed his first major project on the Planning Commission, the expansion of Aurora Hospital.
At the request of Mayor Linares, Police Chief Walczak provided information regarding the City's position on the recent events surrounding immigration enforcement, department policy, state laws,
4 the Police Department's course of action when dealing with federal immigration officers, and the communication challenges with federal officers.
Mayor Linares expressed his appreciation for all of those who came to speak regarding the immigration enforcement issues and the continued support on the topic from the City Council. He urged the community to be safe in celebrations and emphasized the enforcement against illegal fireworks. He then provided information on the Fourth of July event and festivities taking place in the City beginning at 10:00 a.m. at Covina Park. Lastly, Mayor Linares thanked Planning Commissioner Connors for his vote against a proposed wall at Banna Park.
CITY MANAGER COMMENTS
City Manager Marcarello highlighted Consent Calendar Items CC 9, noting a revision for the changing of a consultant name, and CC 11, stating that the annual report has been posted to Police Department website and the public meeting has been scheduled for July 7, 2025, from 8:00 a.m. to 9:00 a.m.
CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Approve the Minutes of the June 3, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Approved (4 to 0); Delgado Absent
CC 2. Payment of Demands
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Approve Payment of Demands in the amount of $3,157,704.61.
Approved (4 to 0); Delgado Absent
CC 3. City of Covina Investment Report for Month Ended May, 2025 Motion made by: Councilmember King
Seconded by: Councilmember Allen
Receive and File.
Approved (4 to 0); Delgado Absent
CC 4. Miscellaneous Concrete Repair Project – Project No. P2601 - Award of Contract to CJ Concrete Construction, Inc. for an Amount of $180,061 Motion made by: Councilmember King
Seconded by: Councilmember Allen
1. Approve plans and specifications for the Miscellaneous Concrete Repair Project – Project No. P2601;
5 2. Award a contract for the Miscellaneous Concrete Repair Project to CJ Concrete Construction, Inc as the lowest responsive and responsible bidder in the amount of $180,061 and authorize the City Manager to execute the contract;
3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for an amount not-toexceed $45,000 and authorize the City Manager to execute the agreement; and
4. Authorize a contingency amount of $18,006.10 (10% of contract amount) for any unforeseen construction expenses.
Approved (4 to 0); Delgado Absent
CC 6. Amendment to the Professional Services Agreement with Acorn Technology Services to Provide Onsite and Backup Support for Information Technology Services
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Authorize the City Manager to execute the amendment to the agreement with Acorn Technology Services.
Approved (4 to 0); Delgado Absent
CC 7. City-Wide Pavement Management Program Update – Project No. P2603 Motion made by: Councilmember King
Seconded by: Councilmember Allen
Award a Professional Services Agreement (PSA) for the City-Wide Pavement Management Program Update preparation to Bucknam Infrastructure Group, Inc. in the amount of $60,275 and authorize the City Manager to execute the contract.
Approved (4 to 0); Delgado Absent
CC 8. Renewal of Subrecipient Agreement for Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2025-2026
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Approve the renewal of Subrecipient Agreement for Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2025-2026 and authorize the City Manager to execute the Agreement.
Approved (4 to 0); Delgado Absent
CC 9. Award of Professional Services Agreements (PSAs) for Construction Support and Submittal Review Services to EC + Associates Engineering, Inc. for an Amount Not-to-Exceed $50,000 and Jake Martinez for an Amount Not-toExceed $50,000
6 Motion made by: Councilmember King
Seconded by: Councilmember Allen
1. Award Professional Services Agreements (PSAs) for the Covina Recreation Village Project – Phase II – Library Building encompassing construction support and submittal review to EC + Associates Engineering, Inc. (structural engineering construction support services) for an amount not-toexceed $50,000 and Jake Martinez (architectural construction support services) for an amount not-to-exceed $50,000 and authorize the City Manager to execute the PSAs; and
2. Adopt Resolution CC 2025-78, appropriating $100,000 from Measure CC Fund – Fund Balance to be transferred into the Parks CIP Fund in order to supplement both PSAs.
Approved (4 to 0); Delgado Absent
CC 10. Adoption of Ordinance 25-05
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Adopt Ordinance 25-05 Entitled, “Updating Chapter 9.48 of the Covina Municipal Code to Identify Additional Areas Where Smoking Is Prohibited”.
Approved (4 to 0); Delgado Absent
CC 11. AB481 Annual Report for 2024
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Review and Approve AB481 Annual Report for 2024.
Approved (4 to 0); Delgado Absent
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION
CC 5. Amendment No 1. To the Parking Enforcement Agreement Councilmember King requested that Police Chief Walczak provide more information on the item. Police Chief Walczak informed the City Council of the recent changes made regarding parking enforcement personnel and the results of those changes.
In response to an inquiry from Councilmember King, Police Chief Walczak stated that the Edward Bynes Grant received by the City helps to fund the City's Victim Advocate position.
Councilmember Allen applauded the City's continued efforts in securing and utilizing several grants.
Motion made by: Councilmember King
Seconded by: Councilmember Allen
7 1. Approve Amendment No. 1 to the Agreement with Inter-Con Security Systems Inc. for parking enforcement services and authorize the City Manager or his designee to execute the amendment; and
2. Approve Resolution CC 2025-79 increasing the Police Department 2025- 26 budget revenue and appropriation by an additional $27,951.
Approved (4 to 0); Delgado Absent
PUBLIC HEARINGS
PH 1. Adopt Resolution Confirming the Engineer’s Report Dated June 3, 2025 and Ordering the Levying of Assessments on Covina Landscaping District No. 1 for Fiscal Year 2026
Mayor Linares opened the public hearing.
The agenda report was provided by Public Works Manager Sandy Costandi.
There were no public comments.
Mayor Linares closed the public hearing.
Motion made by: Councilmember King
Seconded by: Councilmember Allen
1. Conduct the public hearing and consider all testimony that may be presented; and
2. Adopt Resolution CC 2025-74 confirming the Engineer’s Report dated June 3, 2025 and ordering the levying of assessments on the Covina Landscaping District No. 1 for Fiscal Year 2026.
Approved (4 to 0); Delgado Absent
PH 2. Approving the Engineer’s Report for Levying Assessments on the Vehicle Parking District No. 1 for FY 2026 and Confirming the Engineer’s Report and Ordering the Levying and Collection of Assessments for Vehicle Parking District No. 1 for FY 2026
Mayor Linares opened the public hearing.
The agenda report was provided by Public Works Manager Costandi.
There were no public comments.
Mayor Linares closed the public hearing.
Motion made by: Councilmember Cortez
Seconded by: Councilmember King
1. Conduct the public hearing and consider all testimony that may be presented;
2. Adopt Resolution CC 2025-76 approving the Engineer’s Report Dated June 3, 2025, for levying assessments on the Vehicle Parking District No. 1 for Fiscal Year 2026; and
8 3. Adopt Resolution CC 2025-77 confirming the Engineer’s Report dated June 3, 2025 and ordering the levying and collection of assessments for Vehicle Parking District No. 1 for Fiscal Year 2026.
Approved (4 to 0); Delgado Absent
PH 3. Adopt Resolution Confirming the Engineer’s Report dated June 3, 2025 and Ordering the Levying of Assessments on the Covina Lighting District No. 1978-79 for Fiscal Year 2026
Mayor Linares opened the public hearing.
The agenda report was provided by Public Works Manager Costandi.
There were no public comments.
In response to a question from Councilmember King, Public Works Manager Costandi informed the City Council that the revenue short fall is approximately $150,000.
Councilmember Allen expressed his dissatisfaction with the District’s shortfall.
City Manager Marcarello noted that the gap in funding has been shrinking year by year.
Mayor Linares closed the public hearing.
Motion made by: Councilmember King
Seconded by: Councilmember Cortez
1. Conduct the public hearing and consider all testimony that may be presented; and
2. Adopt Resolution CC 2025-75 confirming the Engineer’s Report dated June 3, 2025 and ordering the levying of assessments on the Covina Lighting District No. 1978-1979 for Fiscal Year 2026.
Approved (4 to 0); Delgado Absent
ADJOURNMENT
At 8:46 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 15, 2025, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. ________________________________
Fabian Velez, Chief Deputy City Clerk
_____________________________
Victor Linares, Mayor/Chair
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: August 5, 2025
Title: Payment of Demands
Presented by: Theresa Franke, Director of Finance
Recommendation: Approve Payment of Demands in the amount of $8,898,524.34.
EXECUTIVE SUMMARY:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants June 27, 2025 – July 17, 2025 CITY checks/EFTs $ 6,663,814.48
CITY payroll $ 2,185,704.52
CITY voids $ (119.96)
Worker’s Comp $ 48,784.61
$ 8,898,183.65
SACRA checks/EFTs $ 95.79
SACRA payroll $ 244.90
$ 340.69
TOTAL checks/EFTs $ 8,898,524.34
DISCUSSION:
The attached reports have been reviewed by the Director of Finance.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 24/25 and Fiscal Year 25/26 budget.
Respectfully submitted,
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
6027 02/04/2025 1364 HOME DEPOT CREDIT SERVICES 1,796.37 6028 03/07/2025 1364 HOME DEPOT CREDIT SERVICES 11,889.72 6029 04/28/2025 1364 HOME DEPOT CREDIT SERVICES 8,570.42 6030 06/04/2025 1364 HOME DEPOT CREDIT SERVICES 4,422.86 6031 06/10/2025 1364 HOME DEPOT CREDIT SERVICES 8,577.85 6032 06/02/2025 5438 BMO 27,227.39
6033 06/02/2025 5438 BMO 1,905.25
6034 07/03/2025 4003 MidAmerica 3,263.66
6035 07/02/2025 5438 BMO 13,553.86
6036 07/02/2025 5438 BMO 7,669.48
6037 07/17/2025 4003 MidAmerica 2,996.97
20983 07/03/2025 487 CalPERS 6,721.29
20984 07/03/2025 487 CalPERS 97,661.83
20985 07/03/2025 788 COVINA, CITY OF 52,120.61 *
20986 07/03/2025 789 COVINA-FSA, CITY OF 1,632.82
20987 07/03/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 32,253.39 20988 07/03/2025 788 COVINA, CITY OF 95.71 *
20989 07/03/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20990 07/03/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 140,851.90 20991 07/10/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 17,457.48 20992 07/17/2025 487 CalPERS (415.23)
20993 07/17/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 11,129.47 20994 07/17/2025 487 CalPERS 94,365.53
20995 07/17/2025 788 COVINA, CITY OF 51,905.18 *
20996 07/17/2025 789 COVINA-FSA, CITY OF 1,632.82
20997 07/17/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 28,981.33 subtotal EFT/wires/direct deposits 635,767.96
Internal transfers - workers comp allocation - no net cash effect (104,121.50) * subtotal EFT/wires/direct deposits less Internal Transfers $531,646.46 127013 07/01/2025 5110 The Sherwin-Williams Company 110.83 127014 07/01/2025 5233 RODENT PEST TECHNOLOGIES 141.95
127015 07/02/2025 82 AIR-BREE HEATING 20,178.68
127016 07/02/2025 84 AIRGAS-WEST 400.46
127017 07/02/2025 239 AUTOZONE INC 62.97
127018 07/02/2025 254 AZUSA LIGHT & WATER 49.78
127019 07/02/2025 381 BOOMERANG BLUEPRINT 298.85
127020 07/02/2025 477 DEPT OF INDUSTRIAL RELATIONS 225.00 127021 07/02/2025 493 CWE 4,518.50
127022 07/02/2025 568 CAT SPECIALTIES INC 884.38
127023 07/02/2025 649 CINTAS CORP #693 389.63
127024 07/02/2025 664 CIVILTEC ENGINEERING INC. 24,013.60 127025 07/02/2025 700 COLLEY FORD 2.74
127026 07/02/2025 707 COMMERCIAL ELECTRIC SYSTEMS 6,888.00 127027 07/02/2025 783 CITY OF COVINA WATER 132.36
127028 07/02/2025 878 DELTA DENTAL OF CALIFORNIA 122.02 127029 07/02/2025 970 EDISON CO 3,436.44
127030 07/02/2025 970 EDISON CO 78,367.91
127031 07/02/2025 1055 FEDEX 8.95
127032 07/02/2025 1198 GLOBALSTAR LLC 103.99
127033 07/02/2025 1215 GONZALES, RICHARD 535.50
Attachment A Page 1 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127034 07/02/2025 1235 GRAINGER 1,302.31
127035 07/02/2025 1275 HAAKER EQUIPMENT CO 1,818.47
127036 07/02/2025 1387 HUNTER, JOHN L. 6,990.00
127037 07/02/2025 1420 INDEPENDENT CITIES ASSOC 2,563.40 127038 07/02/2025 1505 JOHNNY'S POOL SERVICE 475.09
127039 07/02/2025 1531 JW LOCK CO INC 88.40
127040 07/02/2025 1614 LA CNTY FIRE DEPARTMENT 1,118,875.80 127041 07/02/2025 1663 LAW ENFORCEMENT MEDICAL 1,625.00 127042 07/02/2025 1680 LEAGUE OF CALIF CITIES 1,349.25
127043 07/02/2025 1751 LOU'S GLASS HOUSE OF COVINA 150.00 127044 07/02/2025 1788 MAMMOTH AUDIO SYSTEMS 1,200.00
127045 07/02/2025 1933 MISSION LINEN SUPPLY 22.77
127046 07/02/2025 2027 NAPA AUTO PARTS 3,068.74
127047 07/02/2025 2270 PLUMBING WHOLESALE OUTLET 272.16 127048 07/02/2025 2444 RIO HONDO COLLEGE 50.00
127049 07/02/2025 2541 SAN GAB BASIN WATER QUAL AUTH 2,843.34 127050 07/02/2025 2800 T MOBILE USA 376.56
127051 07/02/2025 2818 GABE BF VAN LEEUWEN 296.10
127052 07/02/2025 2846 THOMAS, TERRI 990.00
127053 07/02/2025 2855 CHARTER COMMUNICATIONS 357.13
127054 07/02/2025 2954 URBAN GRAFFITI ENTERPRISES INC 6,915.36 127055 07/02/2025 3023 VULCAN MATERIALS COMPANY 2,303.91 127056 07/02/2025 3070 WEST COAST ARBORISTS INC 1,038.60 127057 07/02/2025 3082 WESTERN WATER WORKS SUPPLY 369.08 127058 07/02/2025 3185 TOSHIBA FINANCIAL SERVICES 1,521.76 127059 07/02/2025 3190 LAYNE, JONATHAN DANIEL 546.00
127060 07/02/2025 3235 COOK, SHAWNA 974.40
127061 07/02/2025 3656 PLAY-WELL TEKNOLOGIES 3,024.00
127062 07/02/2025 3729 SUNBELT RENTALS INC 285.66
127063 07/02/2025 3771 BLACK & WHITE EMERGENCY VEHICLES 22,730.98 127064 07/02/2025 3898 VertiGIS North America Ltd. 3,002.00 127065 07/02/2025 3929 BOOT BARN INC 150.00
127066 07/02/2025 3932 ARLENE D. MAR 168.00
127067 07/02/2025 3982 CAROL A CUGNO 310.01
127068 07/02/2025 3988 LANDSCAPE WAREHOUSE III 916.61
127069 07/02/2025 4065 VERIZON WIRELESS 707.95
127070 07/02/2025 4089 MEASOM, DEVIN THOMAS 995.00
127071 07/02/2025 4279 BOSS JANITORIAL SERVICES 13,068.45 127072 07/02/2025 4332 ERIC ARROYO 1,350.00
127073 07/02/2025 4349 Intelli-Tech 2,321.15
127074 07/02/2025 4350 RKA Consulting Group 19,182.50
127075 07/02/2025 4360 MOORE IACOFANO GOLTSMAN, INC. 9,725.00 127076 07/02/2025 4379 789, Inc. 6,061.45
127077 07/02/2025 4433 JAIME YAMASHITA 3,145.00
127078 07/02/2025 4434 GOVERNMENTJOBS.COM, INC 10,661.48 127079 07/02/2025 4455 FRONTIER 561.00
127080 07/02/2025 4483 DALE A. GARRISON 182.00
127081 07/02/2025 4644 Christopher Barnes 400.00
127082 07/02/2025 4710 Fidelity Security Life Insurance Company 8.62 127083 07/02/2025 4764 UniFirst Corporation 632.49
Attachment A Page 2 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127084 07/02/2025 4790 Kevin Klein 1,200.00
127085 07/02/2025 4804 Vihulu L. Villagran 315.00
127086 07/02/2025 4817 Weck Analytical Environmental Services, Inc. 203.00 127087 07/02/2025 4829 Alicia A. Flores 201.60
127088 07/02/2025 4854 CEJ Engineers, Inc. 5,000.00
127089 07/02/2025 4931 Antonio Castro Jr 990.00
127090 07/02/2025 5075 Amalia Q. Seresinghe 689.00
127091 07/02/2025 5109 SITEREP CONSTRUCTION SERVICES, INC. 45,560.00 127092 07/02/2025 5245 THERESA FLORES-FRANKE 40.00
127093 07/02/2025 5269 CONTROL AIR ENTERPRISES LLC. 9,409.00 127094 07/02/2025 5291 AMAZON CAPITAL SERVICES, INC 991.30 127095 07/02/2025 5319 MAVERICK DATA SYSTEMS 2,500.00
127096 07/02/2025 5354 MALLORY SAFETY & SUPPLY LLC 544.91 127097 07/02/2025 5422 CANDELARIA MARROQUIN 284.60
127098 07/02/2025 5423 SUSAN T SCHOCK 411.60
127099 07/02/2025 5425 AQMNI LLC 2,004.00
127100 07/02/2025 5513 GOVERNMENT FORMS AND SUPPLIES LLC 384.40 127101 07/02/2025 5549 AMANDA LOPEZ 508.20
127102 07/02/2025 5550 LEAH DAWN OSIER 1,187.50
127103 07/02/2025 5553 SOUTHERN TIRE MART LLC 417.54
127104 07/02/2025 5568 PERERA CONSTRUCTION & DESIGN, INC. 212,211.00 127105 07/02/2025 5580 ROLLINS, INC 147.00
127106 07/02/2025 5582 KATHARINE CURTISS 995.00
127107 07/02/2025 5603 KAYLEE L BARNITT 722.40
127108 07/02/2025 5611 LYNN GONZALEZ 128.64
127109 07/02/2025 5626 JENNIFER KOU 604.10
127110 07/02/2025 5629 MINUTEMAN PRESS COVINA 124.88
127111 07/02/2025 5641 ANTONIO IBARRA VEGA 189.00
127112 07/02/2025 5642 SOFIA ANNA CHAVEZ 491.76
127113 07/02/2025 5647 KEITH J. MCHUGH 98.00
127114 07/02/2025 5665 WCS DISTRIBUTING INC. 2.81
127115 07/02/2025 5666 CALIFORNIA ACADEMY FOR ECONOMIC DEVELOPMENT, THE 1,300.00 127116 07/02/2025 5668 MARTIN LEASING CORPORATION 213.50 127117 07/02/2025 5677 PAULO SERGIO REYNAGA 1,200.00
127118 07/02/2025 5682 INNOVATIVE MAINTENANCE SYSTEMS, INC 600.00 127119 07/02/2025 5685 ACP PUBLICATIONS & MARKETING 183.44 127120 07/02/2025 5686 RAFTELIS FINANCIAL CONSULTANTS, INC. 2,973.75 127121 07/02/2025 99999 ANGEL CARRILLO 28.21
127122 07/02/2025 99999 CANDACE ABAD 137.94
127123 07/02/2025 99999 DESIREE JIMENEZ 62.31
127124 07/02/2025 99999 FABIAN VELEZ 336.00
127125 07/02/2025 99999 HEIDI MACADAM 114.68
127126 07/02/2025 99999 JENNIFER MCDOWELL 35.54
127127 07/02/2025 99999 PATRICIA CORTEZ 563.92
127128 07/02/2025 99999 SOPHIA HERRERA 256.01
127129 07/03/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,647.47 127130 07/03/2025 69 AFSCME District Council 36 687.50
127131 07/03/2025 775 COVINA POLICE ASSOCIATION 3,050.00 127132 07/03/2025 878 DELTA DENTAL OF CALIFORNIA 9,090.49 127133 07/03/2025 1106 FRANCHISE TAX BOARD 1,541.60
Attachment A Page 3 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127134 07/03/2025 1619 LOS ANGELES COUNTY SHERIFFS DEPARTMENT 863.67 127135 07/03/2025 3795 PRE-PAID LEGAL SERVICES, INC 141.53 127136 07/03/2025 3846 CLEA 1,072.00
127137 07/03/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,558.91 127138 07/03/2025 4710 Fidelity Security Life Insurance Company 969.72 127139 07/09/2025 19 AARDVARK 442.00
127140 07/09/2025 82 AIR-BREE HEATING 403.82
127141 07/09/2025 84 AIRGAS-WEST 755.04
127142 07/09/2025 128 ALLIANT INSURANCE SERVICES INC 329.00 127143 07/09/2025 333 BERLITZ LANGUAGES, INC. 60.00
127144 07/09/2025 477 DEPT OF INDUSTRIAL RELATIONS 575.00 127145 07/09/2025 649 CINTAS CORP #693 389.63
127146 07/09/2025 653 CITRUS AUTO UPHOLSTERY 138.67
127147 07/09/2025 654 CITRUS CAR WASH 165.95
127148 07/09/2025 700 COLLEY FORD 571.37
127149 07/09/2025 766 COVINA DISPOSAL CO 18,745.89
127150 07/09/2025 783 CITY OF COVINA WATER 603.12
127151 07/09/2025 819 Public Risk, Innovation, Solutions, and Management 1,400,743.00 127152 07/09/2025 970 EDISON CO 80,956.56
127153 07/09/2025 1055 FEDEX 16.17
127154 07/09/2025 1075 WEX BANK 229.61
127155 07/09/2025 1075 WEX BANK 113.08
127156 07/09/2025 1235 GRAINGER 1,995.66
127157 07/09/2025 1417 IMS COMMERCIAL ICE SYSTEM REGRIGERATION 1,368.09 127158 07/09/2025 1605 LA CNTY AUDITOR CONTROLLER 2,762.13 127159 07/09/2025 1614 LA CNTY FIRE DEPARTMENT 1,086,077.97 127160 07/09/2025 1694 LEWIS ENGRAVING INC 28.73
127161 07/09/2025 1707 LIEBERT CASSIDY WHITMORE 24,956.95 127162 07/09/2025 1759 LU'S LIGHTHOUSE INC 60.65
127163 07/09/2025 1788 MAMMOTH AUDIO SYSTEMS 1,200.00
127164 07/09/2025 1792 MANNING & KASS 3,950.52
127165 07/09/2025 1895 MERRIMAC ENERGY GROUP 30,163.17
127166 07/09/2025 1933 MISSION LINEN SUPPLY 22.77
127167 07/09/2025 2027 NAPA AUTO PARTS 381.29
127168 07/09/2025 2091 O REILLY AUTO PARTS 465.92
127169 07/09/2025 2275 POIRIER, ROBERT 140.00
127170 07/09/2025 2345 QUILL 265.80
127171 07/09/2025 2415 REPUBLIC MASTER CHEFS 242.52
127172 07/09/2025 2426 REYNOLDS MOTOR CORP. 606.38
127173 07/09/2025 2619 SGV EXAMINER 143.00
127174 07/09/2025 2676 SMART AND FINAL IRIS CORP 413.17 127175 07/09/2025 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 181.61 127176 07/09/2025 2736 STAPLES BUSINESS ADVANTAGE 282.37 127177 07/09/2025 2855 CHARTER COMMUNICATIONS 148.16
127178 07/09/2025 2935 UNDERGROUND SERVICE ALERT 266.78 127179 07/09/2025 2954 URBAN GRAFFITI ENTERPRISES INC 6,075.36 127180 07/09/2025 2958 USPS - POC ACCOUNT #8098154 1,175.27 127181 07/09/2025 2995 VENTEK INTERNATIONAL 7,575.00
127182 07/09/2025 3052 WATERLINE TECHNOLOGIES INC 2,329.82 127183 07/09/2025 3701 DEPARTMENT OF JUSTICE 1,242.00
Attachment A Page 4 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127184 07/09/2025 3729 SUNBELT RENTALS INC 357.00
127185 07/09/2025 3796 RICHARDS, WATSON & GERSHON 16,195.60 127186 07/09/2025 3988 LANDSCAPE WAREHOUSE III 96.15
127187 07/09/2025 4133 WESTERN A/V 2,215.92
127188 07/09/2025 4225 CORELOGIC SOLUTIONS, LLC 238.70
127189 07/09/2025 4349 Intelli-Tech 17,000.00
127190 07/09/2025 4438 CALIFORNIA COMPUTER SCHOOLS, INC 75.00 127191 07/09/2025 4455 FRONTIER 6,890.34
127192 07/09/2025 4509 Norman A Traub 11,923.04
127193 07/09/2025 4667 Ocean Blue Environmental Services, Inc. 7,770.75 127194 07/09/2025 4713 Fisher Integrated, Inc. 1,200.00 127195 07/09/2025 4714 CIR, Inc. 38,366.09
127196 07/09/2025 4764 UniFirst Corporation 912.20
127197 07/09/2025 4766 HASA, INC. 2,067.49
127198 07/09/2025 4814 PTM General Engineering Services, Inc. 161,402.88 127199 07/09/2025 4817 Weck Analytical Environmental Services, Inc. 357.00 127200 07/09/2025 4824 Occu-Med, Ltd. 6,201.90
127201 07/09/2025 4863 La Verne Power Equipment 876.86
127202 07/09/2025 5052 SKY JTC CORPORATION 3,829.50
127203 07/09/2025 5109 SITEREP CONSTRUCTION SERVICES, INC. 54,934.70 127204 07/09/2025 5186 DAYSMART SOFTWARE 583.27
127205 07/09/2025 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 1,923.60 127206 07/09/2025 5280 ALDERMAN & HILGERS LLP 1,080.00
127207 07/09/2025 5383 MERCURY MAILING SYSTEMS, INC. 3,038.49 127208 07/09/2025 5472 BRIAN F. KING CONSULTING INC 2,500.00 127209 07/09/2025 5488 MICHAEL E. GOLD, M.D. INC 6,000.00 127210 07/09/2025 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 127211 07/09/2025 5553 SOUTHERN TIRE MART LLC 479.38
127212 07/09/2025 5578 Daniella Andrade 38.50
127213 07/09/2025 5599 VISIONS RECYCLING INC 367.13
127214 07/09/2025 5629 MINUTEMAN PRESS COVINA 259.68
127215 07/09/2025 5655 COVINA VALLEY WATER COMPANY 296,939.09 127216 07/09/2025 5668 MARTIN LEASING CORPORATION 779.86 127217 07/09/2025 5676 NEAL SHELTON ENTERTAINMENT 2,100.00 127218 07/09/2025 5688 CHRISTOPHER E. MEDINA 397.80
127219 07/09/2025 5689 POLICE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA 969.00 127220 07/09/2025 5690 ELPS CAR WASH 119.96
127221 07/09/2025 99999 ADELINA LAO 30.00
127222 07/09/2025 99999 ADVANCE AUTO PARTS 7,000.00
127223 07/09/2025 99999 ANTONIO ZAVALA 244.00
127224 07/09/2025 99999 CECILIA ACOSTA 80.00
127225 07/09/2025 99999 EDDIE ROBLES 3,800.00
127226 07/09/2025 99999 JORGE LOPEZ 405.85
127227 07/09/2025 99999 MERCENIA LUGO 796.50
127228 07/09/2025 99999 REBECCA JONES 30.00
127229 07/09/2025 99999 SOCAL POOL BOYS 645.00
127230 07/09/2025 99999 T-REX DEMOLITION INC. 390.00
127231 07/09/2025 99999 VAHAG ARUTYUNYAN 11,000.00
127232 07/17/2025 219 AT&T 2,884.70
127233 07/17/2025 221 AT&T MOBILITY 4.14
Attachment A Page 5 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127234 07/17/2025 572 CATHOLIC CHARITIES OF LOS ANGELES 1,823.00 127235 07/17/2025 819 Public Risk, Innovation, Solutions, and Management 330,225.00 127236 07/17/2025 849 DAPEER ROSENBLIT & LITVAK LLP 106.50 127237 07/17/2025 970 EDISON CO 5,301.14
127238 07/17/2025 1055 FEDEX 30.02
127239 07/17/2025 1156 THE GAS COMPANY 969.40
127240 07/17/2025 1204 GOLDEN STATE WATER COMPANY 2,178.50 127241 07/17/2025 1361 HOLLIDAY ROCK CO INC 2,437.33
127242 07/17/2025 1401 INTERNATIONAL CODE COUNCIL INC 735.00 127243 07/17/2025 1429 INLAND EMPIRE STAGES 1,854.37
127244 07/17/2025 1437 INTER-CON SECURITY SYSTEMS INC 13,501.62 127245 07/17/2025 1531 JW LOCK CO INC 213.01
127246 07/17/2025 1559 KEYSER MARSTAN ASSOCIATES INC. 1,032.50 127247 07/17/2025 1561 KEYSTONE UNIFORM DEPOT 594.80
127248 07/17/2025 1615 REGIONAL TAP SERVICE CENTER 20.00 127249 07/17/2025 1646 LANGUAGE LINE SERVICES INC 6.58
127250 07/17/2025 1707 LIEBERT CASSIDY WHITMORE 4,425.00 127251 07/17/2025 1792 MANNING & MARDER KASS, 154,882.70 127252 07/17/2025 2004 MUNICIPAL MGMT ASSOC OF SOCAL 125.00 127253 07/17/2025 2329 PUENTE READY MIX INC 1,073.29
127254 07/17/2025 2407 REGIONAL TAP SERVICE CENTER 249.46 127255 07/17/2025 2444 RIO HONDO COLLEGE 425.00
127256 07/17/2025 2709 KIWANIS CLUB OF COVINA SOUTH HILLS 245.00 127257 07/17/2025 2790 SWANK MOTION PICTURES INC 1,530.00 127258 07/17/2025 2800 T MOBILE USA 115.00
127259 07/17/2025 2852 THREE VALLEY MUN WATER DISTR 6,423.00 127260 07/17/2025 2926 TYLER TECHNOLOGIES INC. 52,520.52 127261 07/17/2025 2954 URBAN GRAFFITI ENTERPRISES INC 7,200.00 127262 07/17/2025 3001 VERIZON WIRELESS 14,192.71
127263 07/17/2025 3004 VICTORY EXTERMINATING INC 75.00
127264 07/17/2025 3023 VULCAN MATERIALS COMPANY 1,245.34 127265 07/17/2025 3102 WILLDAN FINANCIAL SERVICES 2,551.95 127266 07/17/2025 3274 WILLDAN 17,510.50
127267 07/17/2025 3729 SUNBELT RENTALS INC 357.00
127268 07/17/2025 3735 QUADIENT LEASING USA, INC. 852.77 127269 07/17/2025 3796 RICHARDS, WATSON & GERSHON 8,032.33 127270 07/17/2025 3823 JEEPERS CREEPERS EXTERMINATING 274.00 127271 07/17/2025 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 225.44 127272 07/17/2025 3929 BOOT BARN INC 290.26
127273 07/17/2025 3988 LANDSCAPE WAREHOUSE III 2,760.92 127274 07/17/2025 4077 INTERWEST CONSULTING GROUP INC 11,934.00 127275 07/17/2025 4116 COM-NET JPA 72,252.64
127276 07/17/2025 4201 OFFICE TEAM - A ROBERT HALF COMPANY 13,335.56 127277 07/17/2025 4350 RKA Consulting Group 17,682.50
127278 07/17/2025 4360 MOORE IACOFANO GOLTSMAN, INC. 11,292.50 127279 07/17/2025 4444 URBAN RESTORATION GROUP US INC 549.97 127280 07/17/2025 4455 FRONTIER 3,919.17
127281 07/17/2025 4571 POWER SECURITY GROUP INC 11,132.00 127282 07/17/2025 4582 USABLUEBOOK 793.88
127283 07/17/2025 4728 West Coast Telcom Products 2,671.84 Attachment A Page 6 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127284 07/17/2025 4765 AMC Modern IT 2,760.30
127285 07/17/2025 4766 HASA, INC. 1,480.43
127286 07/17/2025 4813 JOHNSON CONTROLS FIRE PROTECTION LP 1,070.23 127287 07/17/2025 4817 Weck Analytical Environmental Services, Inc. 2,129.00 127288 07/17/2025 4885 ELIE FARAH 27,410.00
127289 07/17/2025 4886 DG Collision LLC 18,485.67
127290 07/17/2025 4960 Data Ticket, Inc. 200.00
127291 07/17/2025 4977 Enterprise FM Trust 4,700.72
127292 07/17/2025 5047 SAN GABRIEL VALLEY REGIONAL HOUSING TRUST 16,910.72 127293 07/17/2025 5081 Veolia ES Technical Solutions, LLC 237.83 127294 07/17/2025 5117 Steam It All LLC 620.00
127295 07/17/2025 5138 Ricoh USA, Inc. 300.31
127296 07/17/2025 5139 Crown Castle Fiber LLC 925.00
127297 07/17/2025 5169 Occupational Health Centers of California 73.00 127298 07/17/2025 5228 ODP BUSINESS SOLUTIONS, LLC 226.47 127299 07/17/2025 5241 BLUERAY AQUATICS 6,408.78
127300 07/17/2025 5269 CONTROL AIR ENTERPRISES LLC. 2,019.00 127301 07/17/2025 5280 ALDERMAN & HILGERS LLP 7,152.09
127302 07/17/2025 5331 SPERIDAN TECHNOLOGIES LLC 5,869.00 127303 07/17/2025 5336 ABI DOCUMENT SUPPORT SERVICES LLC 3,695.31 127304 07/17/2025 5355 CivicPlus LLC 9,710.16
127305 07/17/2025 5376 BLUEBEAM INC 6,930.00
127306 07/17/2025 5377 ClearGov Inc 11,797.80
127307 07/17/2025 5394 SIERRA PLUMBING & DRAIN CLEANING 500.00 127308 07/17/2025 5435 CORE & MAIN LP 846.02
127309 07/17/2025 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 18,928.82 127310 07/17/2025 5521 COMPRESSOR DESIGN AND SERVICES INC 1,256.00 127311 07/17/2025 5533 KOSMONT & ASSOCIATES INC 410.80
127312 07/17/2025 5573 GUARDIAN ALLIANCE TECHNOLOGIES, INC. 195.00 127313 07/17/2025 5607 ACLARA TECHNOLOGIES LLC 15,036.84 127314 07/17/2025 5629 MINUTEMAN PRESS COVINA 342.55
127315 07/17/2025 5661 GEMINI GROUP CONSULTING, LLC 6,555.00 127316 07/17/2025 5662 REM INDUSTRIES LLC 262.46
127317 07/17/2025 5680 PREMIER AQUATIC SERVICES 17,234.67 127318 07/17/2025 5686 RAFTELIS FINANCIAL CONSULTANTS, INC. 1,248.75 127319 07/17/2025 5689 POLICE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA 1,342.50 127320 07/17/2025 5690 ELPS CAR WASH 119.96
127321 07/17/2025 5691 ROSALIE COVINA LLC 5,512.80
127322 07/17/2025 5692 RETRO-SPEC PRINTING 3,799.48
127323 07/17/2025 99999 ARTHUR ZAVALA 1,350.00
127324 07/17/2025 99999 CHRIS MARCARELLO 1,215.16
127325 07/17/2025 99999 CIENEGA GARDENS LLC 15,423.00
127326 07/17/2025 99999 DAVID MEADOWS 47.61
127327 07/17/2025 99999 DAVID SMITH 168.93
127328 07/17/2025 99999 EDWIN MANGUNE 15.13
127329 07/17/2025 99999 FACE TO FACE 32.78
127330 07/17/2025 99999 LIFEARK SPC 64.26
127331 07/17/2025 99999 LIFEARK SPC 68.02
127332 07/17/2025 99999 LIFEARK SPC 53.70
127333 07/17/2025 99999 MINGMING XUE 209.66
Attachment A Page 7 of 8
CITY OF COVINA
Check Register
June 27, 2025 - July 17, 2025
Check # Check Date Vendor Name Amount
127334 07/17/2025 99999 XIAO DENG 73.44
127336 07/17/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,647.47 127337 07/17/2025 69 AFSCME District Council 36 687.50
127338 07/17/2025 775 COVINA POLICE ASSOCIATION 3,250.00 127339 07/17/2025 878 DELTA DENTAL OF CALIFORNIA 9,090.49 127340 07/17/2025 1106 FRANCHISE TAX BOARD 1,541.60
127341 07/17/2025 1619 LOS ANGELES COUNTY SHERIFFS DEPARTMENT 853.66 127342 07/17/2025 3795 PRE-PAID LEGAL SERVICES, INC 141.53 127343 07/17/2025 3846 CLEA 1,104.00
127344 07/17/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,791.64 127345 07/17/2025 4710 Fidelity Security Life Insurance Company 969.72 subtotal checks 6,132,263.81 $
126563 06/05/2025 654 CITRUS CAR WASH (119.96)
subtotal voids (119.96)
payroll (07/03/25) 1,135,084.2 $ 4
payroll (07/17/25) 1,050,865.1 $ 8
workers' compensation 48,784.61 $
TOTAL checks/EFTs $8,898,524.34
Attachment A Page 8 of 8
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: August 5, 2025
Title: City of Covina Investment Report for Month Ended June 30, 2025 Presented by: Theresa Franke, Director of Finance
Charles Russom, Sr. Management Analyst
Recommendation: Receive and File.
EXECUTIVE SUMMARY:
Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, a monthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments and monies of the City.
DISCUSSION:
The attached report for the City and Successor Agency reflects the portfolio balances for the month ended June 30, 2025. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. There is sufficient investment liquidity to meet the required reserve limits of the City’s operations.
FISCAL IMPACT:
None to receive and file.
Respectfully submitted,
CASH PER BANK AND INVESTMENT BALANCE 5/31/2025 $98,072,364.80 RECEIPTS 6/1/25-6/30/25 14,501,747.34
DISBURSEMENTS 6/1/25-6/30/25 (13,500,054.73)
CASH PER BANK AND INVESTMENT BALANCE 6/30/2025 $99,074,057.41
ANALYSIS OF CASH PER BANK AND INVESTMENT BALANCE - BOOK VALUE INVESTMENT PORTFOLIO Attachment A-2 $53,937,687.23
LOCAL AGENCY INVESTMENT FUND Attachment A-4 39,005,720.90 TOTAL PUBLIC INVESTMENTS 92,943,408.13
CHECKING / PETTY / STIFEL CASH BALANCES 6,130,649.28
CASH PER BANK AND INVESTMENT BALANCE 6/30/2025 99,074,057.41 CASH HELD BY BOND TRUSTEES 3,251,867.66
TOTAL CASH PER BANK AND INVESTMENT / BOND TRUSTEE CASH BALANCE 6/30/2025 $102,325,925.07
CITY OF COVINA INVESTMENT REPORT
FOR THE MONTH ENDED JUNE 30, 2025
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the required reserve limits of the City's operations.
BOOK ACQUISITION MATURITY MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
City of Covina:
Drawer & Petty Cash N/A $7,780.12 N/A N/A $7,780.12
General - Checking Account BMO 3,062,212.54 N/A Demand 3,062,212.54 Public Agency Saving - Parking Fines BMO 95,244.12 N/A Demand 95,244.12 Utility Billing Account BMO 56,925.33 N/A Demand 56,925.33 Workers' Compensation - Checking Account BMO 84,136.73 N/A Demand 84,136.73 Payroll - Checking Account BMO 311,508.71 N/A Demand 311,508.71 Money Market BMO 2,127,966.19 N/A Demand 2,127,966.19
AFLAC Flexible Spending Account BMO 20,791.27 N/A Demand 20,791.27 STIFEL Cash Per GL Various 364,084.27 Various Various 364,084.27 STIFEL Investment Portfolio Various 53,937,687.23 Various Various 53,953,174.27 Local Agency Investment Fund State of California 39,005,720.90 N/A Demand 39,005,720.90 Subtotal (A) $99,074,057.41 $99,089,544.45
Cash Held With 3rd Party Administrator:
TRIP 2017A Covina Wilmington Trust $783.07 N/A Demand $783.07 LA County Loan Agreement U.S. Bank 1,625,075.53 N/A Demand 1,625,075.53 Other Post-Employment Benefits Charles Schwab 1,625,067.55 N/A Demand 1,625,067.55 2021 Taxable Pension Obligation Bonds U.S. Bank 938.92 N/A Demand 938.92 2019 Wastewater Refunding Bonds U.S. Bank 2.59 N/A Demand 2.59 Subtotal (B) $3,251,867.66 $3,251,867.66
TOTAL (A+B) $102,325,925.07 $102,341,412.11
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED JUNE 30, 2025
The purpose of this schedule is to show the total cash and investments held by the City of Covina by account.
Exhibit A-2
CITY OF COVINA
Stifel
Investment Portfolio as of
June 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Agric MTG CorpMedium Term Note 06/30/22 96.110000 1,000,000 $ 915,357.70 0.9400 31422XGQ9 10/26/2026 Stifel FEDL Agric MTG Corp -
Medium Term Note 07/02/24 100.019000 1,000,000 1,000,000.00 5.2700 31424WLD2 7/9/2027 Stifel FEDL Agric MTG Corp -
Medium Term Note 01/16/25 100.016000 1,000,000 1,000,000.00 4.6300 3134HAW66 12/30/2027 Stifel Total Agricultural Mortgage 3,000,000 $ 2,915,357.70
Federal Farm Credit Bank Bond 6/10/2025 100.8440 1,000,000 $ 1,009,342.56 4.1064 3133EPZY4 7/30/2026 Stifel FEDL Farm Credit Bank Bond 02/02/22 96.404000 1,000,000 996,151.59 1.5000 3133ENKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 98.684000 1,000,000 1,007,278.29 3.1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 08/12/24 99.920000 1,000,000 1,000,000.00 4.6200 3133ERNS6 8/12/2027 Stifel Total Federal Farm Credit 4,000,000 $ 4,012,772.44
Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 100.719000 1,000,000 $ 1,012,360.33 6.7500 880591CJ9 11/1/2025 Stifel FEDL Home Loan Bank Bond 02/02/22 99.290000 1,000,000 1,005,184.93 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 04/07/22 98.906000 1,000,000 1,003,611.45 3.0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 11/04/24 99.892000 1,000,000 1,000,000.00 4.3300 3133ERZM6 11/5/2026 Stifel FEDL Home Loan Bank Bond 11/26/24 99.911000 1,000,000 1,000,000.00 4.5479 3133ERZS3 11/12/2027 Stifel FEDL Home Loan Bank Bond 11/19/24 99.871000 1,000,000 1,000,000.00 4.6248 3130B3RN5 11/19/2027 Stifel FEDL Home Loan Bank Bond 12/10/24 99.789000 1,000,000 1,000,000.00 4.5000 3130B42Y6 12/23/2027 Stifel FEDL Home Loan Bank Bond 02/18/25 99.918000 1,000,000 1,000,000.00 4.6000 3130B4YQ8 2/25/2028 Stifel FEDL Home Loan Bank Bond 12./23/2024 100.287000 1,000,000 1,001,962.88 4.6840 3130B0EE5 3/6/2028 Stifel FEDL Home Loan MTG CorpPool #WN2479 12/04/23 101.178600 1,000,000 993,437.50 4.9400 3132XGXH4 5/1/2028 Stifel FEDL NATL MTG ASSNPool#BSB8718 Balloon 03/05/24 100.333100 1,000,000 986,562.50 4.3800 3140LKVL4 6/1/2028 Stifel FEDL Home Loan Bank Bond 10/25/24 99.555000 1,000,000 1,000,000.00 4.5300 3130B3AS2 10/16/2028 Stifel FEDL Home Loan Bank Bond 11/04/24 99.992000 1,000,000 1,000,000.00 4.6700 3133ERZT1 11/7/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 11/19/24 99.932000 1,000,000 1,000,000.00 4.8982 3134HAXZ1 11/7/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2537 04/16/24 101.207000 1,000,000 989,687.50 4.9000 3132XGZB5 12/1/2028 Stifel FEDL Home Loan MTG CorpPool#WN2534 02/16/24 101.048200 1,000,000 997,187.50 4.9000 3132XGY83 12/1/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2559 4/10/2024 100.650100 1,000,000 979,062.50 4.6000 3132XGZZ2 1/1/2029 Stifel FEDL Home Loan Bank Bond 01/14/25 99.886000 1,000,000 1,000,000.00 5.0000 3130B4MG3 1/16/2029 Stifel FEDL NATL MTG ASSN Note 10/25/24 100.038000 1,000,000 1,000,000.00 4.4000 3135GAXR7 8/3/2029 Stifel FEDL Home Loan Bank Bond 09/04/24 99.169000 980,000 980,000.00 4.2000 3130B2GZ2 8/13/2029 Stifel FEDL Home Loan Bank Bond 09/09/24 98.926000 2,000,000 2,000,000.00 4.0000 3130B2NS0 9/4/2029 Stifel FEDL Home Loan Bank Bond 10/25/24 99.687000 1,000,000 990,500.00 4.0000 3130B32X0 10/2/2029 Stifel FEDL Home Loan Bank Bond 10/25/24 99.467000 1,000,000 1,000,000.00 4.6500 3130B3F65 10/22/2029 Stifel FEDL Home Loan Bank Bond 11/05/24 99.802000 1,000,000 1,000,000.00 4.5000 3130B3M67 11/13/2029 Stifel FEDL Home Loan Bank Bond 6/16/2025 100.0920 1,000,000 1,000,000.00 4.1251 3130B6SF4 6/14/2030 Stifel Total Federal Home Loan 25,980,000 $ 25,939,557.09
Exhibit A-2
CITY OF COVINA
Stifel
Investment Portfolio as of
June 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Liberty Fed CR UNEvansville IN SHS CTF 07/01/23 100.041000 245,000 $ 245,000.00 5.3000 53052LAW9 7/14/2025 Stifel American First CR UNBrea CA SHS CTF 06/30/22 99.953000 245,000 245,000.00 3.2500 02616ABJ7 7/15/2025 Stifel TTCU Federal CR UnionTulsa OK CD 07/10/23 100.067000 245,000 245,000.00 5.3500 89854LAE3 7/25/2025 Stifel Communitywide FEDL CR UNSouth Bend IN SHS CTF 08/04/23 100.153000 245,000 245,000.00 5.2000 20416TBD3 8/29/2025 Stifel Flagstar Bank NA -
Hicksville NY CD 06/06/24 100.189000 245,000 245,000.00 5.3000 33847GHY1 9/12/2025 Stifel First Bank -
Hamilton NJ CD 06/06/24 100.171000 245,000 245,000.00 5.1500 319137CJ2 9/18/2025 Stifel Washington State BankWashington IA CD 4/2/2024 100.168000 245,000 245,000.00 5.0000 93974LAG5 10/9/2025 Stifel First Natl Bank of AmerEast Lansing MI CE 05/16/22 99.472000 245,000 245,000.00 3.0000 32110YXE0 11/28/2025 Stifel Advantage FEDL CR UNRochester NY SHS CTF 08/24/23 100.508000 245,000 245,000.00 5.3000 00790JAD4 12/31/2025 Stifel Southwest Heritage CUOdessa TX SHS CTF 06/26/23 100.432000 245,000 245,000.00 5.1000 84503PAF7 1/7/2026 Stifel Jovia FINL FEDL CR UN -
Westbury NY CD 7/2/2024 100.435000 245,000 245,000.00 5.0000 48115LAL8 1/20/2026 Stifel Marine FEDL CR UNJacksonvill NC SHS CTF 08/27/24 100.104000 245,000 245,000.00 4.3500 56824JBB9 2/27/2026 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 100.721000 245,000 245,000.00 5.1500 89789AAH0 3/23/2026 Stifel United Fidelity Bank FSBEvansville IN CD 09/16/24 100.182000 245,000 245,000.00 4.3500 910286HZ9 3/27/2026 Stifel First Bank of The LakeOsage Beach MO CD 10/31/24 99.939000 245,000 245,000.00 4.0000 31925YBU5 4/30/2026 Stifel Ally Bank -
Midvale UT CD 04/27/22 98.949000 245,000 245,000.00 2.8500 02007GQQ9 5/5/2026 Stifel Global FED CR UN -
Anchorage AK SHS CTF 05/14/24 100.895000 245,000 245,000.00 5.0500 37892MAP9 5/29/2026 Stifel Inspire FEDL CR UNBristol PA SHS CTF 06/29/23 100.949000 245,000 245,000.00 5.0000 457731AQ0 6/30/2026 Stifel GESA CR UNRichland WA CD 07/19/23 101.297000 245,000 245,000.00 5.2500 37424PAH7 7/31/2026 Stifel Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 101.410000 245,000 245,000.00 5.3000 722000AC0 8/17/2026 Stifel Signature Federal Cred U 08/16/23 101.449000 245,000 245,000.00 5.3000 82671DAG2 8/28/2026 Stifel KodabankDrayton ND CD 03/09/23 101.177000 245,000 245,000.00 5.0000 50007DAC3 9/22/2026 Stifel First NATL BankDamariscotta ME CD 03/09/23 101.179000 245,000 245,000.00 5.0000 32117BFR4 9/23/2026 Stifel Austin Telco Fed CR UN- Austin
TX SHS CTF 11/14/22 101.428000 245,000 245,000.00 5.0500 052392CC9 11/27/2026 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 101.381000 245,000 245,000.00 5.0000 07181JAV6 11/30/2026 Stifel First Foundation Bank -
Irvine CA CD 06/05/24 101.401000 245,000 245,000.00 5.0625 32026U5X0 12/14/2026 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 100.642000 245,000 245,000.00 4.4500 01664MAA4 12/21/2026 Stifel State Bank of India -
New York NY CD 02/01/22 96.527000 245,000 245,000.00 1.7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN - Tysons
Corner VA 02/02/22 96.382000 245,000 245,000.00 1.7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 97.159000 245,000 245,000.00 2.2000 795451BH5 2/23/2027 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 96.857000 245,000 245,000.00 2.0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 96.857000 245,000 245,000.00 2.0500 07371AZQ9 3/3/2027 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 96.839000 245,000 245,000.00 2.0500 58404DNG2 3/8/2027 Stifel
Exhibit A-2
CITY OF COVINA
Stifel
Investment Portfolio as of
June 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
United Republic BankElkhorn NE CD 03/05/25 100.105000 245,000 $ 245,000.00 4.0500 909242BZ1 3/19/2027 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 97.777000 245,000 245,000.00 2.7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 97.774000 245,000 245,000.00 2.7000 87165FK45 4/14/2027 Stifel Capital One NA -
Mclean VA CD 04/27/22 98.319000 245,000 245,000.00 3.0500 14042RRA1 5/4/2027 Stifel Pinnace BankNashville TN CD 5/2/2025 99.9480 245,000 245,000.00 3.9500 72345SLQ2 5/7/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 98.304000 245,000 245,000.00 3.0500 38149M6Y4 5/11/2027 Stifel Toyota Finl Svgs BankHenderson NV CD 05/09/22 98.561000 245,000 245,000.00 3.2000 89235MNH0 5/17/2027 Stifel Morgan Stanley Bank NA- Salt
Lake City UT CD 05/16/22 98.647000 245,000 245,000.00 3.2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 98.647000 245,000 245,000.00 3.2500 61768EJR5 5/19/2027 Stifel Discover BankGreenwood DE CD 05/20/22 98.549000 245,000 245,000.00 3.2000 254673E36 5/24/2027 Stifel Optum BankDraper UT CD 6/23/2025 100.3430 245,000 245,000.00 4.1500 68405VDM8 6/30/2027 Stifel Credit Union New Jersey -
Ewing NJ SHS CTF 06/25/24 100.028000 245,000 245,000.00 5.4611 22552BAA9 7/9/2027 Stifel Workers FEDL Credit UNLittleton MA SHS CTF 08/27/24 100.052000 245,000 245,000.00 4.0000 98138MCK4 8/30/2027 Stifel Vantage West CR UNTucson AZ SHS CTF 09/04/24 100.050000 245,000 245,000.00 4.0000 92213MAB7 9/13/2027 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 101.231000 245,000 245,000.00 4.5000 45157PAZ3 12/29/2027 Stifel Alliant Credit UnionChicago IL SHS CTF 12/20/22 102.055000 245,000 245,000.00 4.8500 01882MAA0 12/30/2027 Stifel Carter FEDL CR UNSpringhill LA SHS CTF 01/14/25 100.520000 245,000 245,000.00 4.2000 14622LAW2 1/28/2028 Stifel Telco Plus CR UnLongview TX SHS CTF 02/03/25 100.651000 245,000 245,000.00 4.2500 87921MAA2 2/18/2028 Stifel Merrick BankSouth Jordan UT CD 02/18/25 100.655000 245,000 245,000.00 4.2500 59013K4U7 2/28/2028 Stifel Valley Natl BankPassaic NJ CD 02/27/25 100.625000 245,000 245,000.00 4.2500 919853QC8 3/6/2028 Stifel One Commnity BankOregon WI CD 6/12/2025 100.0210 245,000 245,000.00 4.0000 682325FT7 3/20/2028 Stifel Milestone BankSalt Lake City UT CD 4/28/2025 99.8730 245,000 245,000.00 3.9500 59934MDC9 4/28/2028 Stifel Southpoint BankBirmingham AL CD 04/28/25 100.0230 245,000 245,000.00 4.0000 84464PCC9 4/28/2028 Stifel Cornerstone BankFargo ND CD 05/01/23 102.081500 245,000 245,000.00 - 219232CR4 5/10/2028 Stifel Sound CR UNTacoma WA SHS CTF 5/19/2025 100.4190 245,000 245,000.00 4.1500 83616HAH7 6/2/2028 Stifel Celtic BankSalt Lake City UT CD 6/4/2025 100.0140 245,000 245,000.00 4.0000 15118RW45 6/12/2028 Stifel BOM BankNatchitoches LA CD 06/04/25 100.0590 245,000 245,000.00 4.4000 09776DAP9 6/16/2028 Stifel First FEDL S&L ASSN -
Lakewood OH CD 06/20/24 100.469000 245,000 245,000.00 5.3589 32023HBV9 6/28/2028 Stifel Global FED CR UNAnchorage AK SHS CTF 6/16/2025 100.5640 245,000 245,000.00 4.2000 37892MAX2 6/30/2028 Stifel Texas Exchange Bank SSBCrowley TX CD 10/28/24 100.140000 245,000 245,000.00 4.0500 88241TUA6 7/12/2028 Stifel CY Fair FCUHouston TX SHS CTF 06/26/23 100.274000 245,000 245,000.00 5.3000 23248UAC1 7/14/2028 Stifel Numerica Credit Union-Spokane
VLY WA SHS CTF 07/12/23 103.173000 245,000 245,000.00 5.1000 67054NBK8 7/31/2028 Stifel Tucson FEDL CR UNTucson AZ CD 09/01/23 102.960000 245,000 245,000.00 5.0000 898812AC6 9/8/2028 Stifel Money One FCULargo MD SHS CTF 09/01/23 102.972000 245,000 245,000.00 5.0000 60936TAL3 9/14/2028 Stifel
Exhibit A-2
CITY OF COVINA
Stifel
Investment Portfolio as of
June 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
San Francisco FEDL CR UNSan Francisco CA SHS 11/20/24 100.729000 245,000 $ 245,000.00 4.2500 79772FAL0 11/27/2028 Stifel SKYLA FEDL CR UNCharlotte NC SHS CTF 5/21/2025 100.2520 245,000 245,000.00 4.1000 83086XAE0 11/30/2028 Stifel BMW Bank of North AmericaSalt Lake City UT CD 5/2/2025 99.7990 245,000 245,000.00 4.0000 05612LER9 5/9/2029 Stifel First Premier BankSioux Falls SD CD 5/13/2025 99.6240 245,000 245,000.00 3.9500 33610RWL3 5/21/2029 Stifel Covantage CUAntigo WI SHS CTF 5/14/2025 100.5970 245,000 245,000.00 4.0500 22282XAL4 5/29/2029 Stifel ClearPath FED CR UN -
Burbank CA SHS CTF 07/09/24 100.094000 245,000 245,000.00 5.4000 18507MAD3 7/30/2029 Stifel Altaone FED CR UN -
Ridgecrest CA SHS CTF 8/27/2024 99.228000 245,000 245,000 3.8500 02157RAC1 9/13/2029 Stifel Freedom Northwest CR UN 12/23/2024 100.411000 245,000 245,000.00 4.1200 356436AV7 12/31/2029 Stifel JP Morgan Chase Bank NAColumbus OH CD 01/24/25 100.424000 245,000 245,000.00 4.7500 46657VWH9 1/31/2030 Stifel UBS Bank USASalt Lake City UT CD 03/05/25 100.214000 245,000 245,000.00 4.1000 90355GUL8 3/12/2030 Stifel Luana SVGS BankLuana IA CD 03/05/25 99.315000 245,000 245,000.00 3.9000 549104G76 3/13/2030 Stifel Western State BankDevils Lake ND CD 03/05/25 99.785000 245,000 245,000.00 4.0000 95960NLA3 3/25/2030 Stifel Poppy BankSanta rosa CA CD 4/2/2025 98.3800 245,000 245,000.00 4.1000 73319FDX4 4/8/2030 Stifel EaglebankBethesda MD CD 04/02/25 100.0000 245,000 245,000.00 4.0500 27002YHQ2 4/16/2030 Stifel American Express Natl BKSalt Lake City UT CD 4/28/2025 100.1790 245,000 245,000.00 4.1000 02589AHE5 4/30/2030 Stifel BNY Mellon NAPittsburgh PA CD 6/12/2025 99.7430 245,000 245,000.00 4.0000 05584CY59 6/18/2030 Stifel Farmers & Merchants BKAshland NE CD 6/16/2025 99.5600 245,000 245,000.00 4.4000 308914AC4 6/24/2030 Stifel American Bank CommerceWolfforth TX CD 6/16/2025 100.0000 245,000 245,000.00 4.5000 02432LAC1 6/25/2030 Stifel Jeanne D Arc FCU-Lowell MA
CD 6/23/2025 99.7830 245,000 245,000.00 4.0000 472207AL3 6/28/2030 Stifel Total Certificates of Deposit 21,070,000 $ 21,070,000.00 54,050,000 $ 53,937,687.23
364,084.27
54,050,000 $ 54,301,771.50
Stifel Cash Per GL
Stifel Total Value of Portfolio
Stifel Securities
Qty Purch Date Maturity
Date of
Disposition
Share Price at
Purchase Date Net Trade Amount Cost Basis Value Market Value Accrued Interest Issuer CUSIP Held by 2,450 06/04/25 6/16/2028 100.0000 $ 245,000.00 $ 245,000.00 $ 245,000.00 BOM BankNatchitoches LA CD 09776DAP9 Stifel
2,450 6/4/2025 6/12/2028 100.0000 245,000.00 245,000.00 245,000.00 Celtic BankSalt Lake City UT CD 15118RW45 Stifel
10,098 6/10/2025 7/30/2026 100.9770 1,009,770.00 1,009,770.00 1,009,770.00 Federal Farm Credit Bank Bond 3133EPZY4 Stifel 2,450 6/12/2025 6/18/2030 100.0000 245,000.00 245,000.00 245,000.00 BNY Mellon NAPittsburgh PA CD 05584CY59 Stifel
2,450 6/12/2025 3/20/2028 100.0000 245,000.00 245,000.00 245,000.00 One Commnity BankOregon WI CD 682325FT7 Stifel
2,450 6/16/2025 6/25/2030 100.0000 245,000.00 245,000.00 245,000.00 American Bank CommerceWolfforth TX CD 02432LAC1 Stifel 2,450 6/16/2025 6/24/2030 100.0000 245,000.00 245,000.00 245,000.00 Farmers & Merchants BKAshland NE CD 308914AC4 Stifel
10,000 6/16/2025 6/14/2030 100.0000 1,000,000.00 1,000,000.00 1,000,000.00 FEDL Home Loan Bank Bond 3130B6SF4 Stifel 2,450 6/16/2025 6/30/2028 100.0000 245,000.00 245,000.00 245,000.00 Global FED CR UNAnchorage AK SHS CTF 37892MAX2 Stifel
2,450 6/23/2025 6/28/2030 100.0000 245,000.00 245,000.00 245,000.00 Jeanne D Arc FCULowell MA CD 472207AL3 Stifel
2,450 6/23/2025 6/30/2027 100.0000 245,000.00 245,000.00 245,000.00 Optum BankDraper UT CD 68405VDM8 Stifel
Total $ 4,214,770.00 $ 4,214,770.00 $ 4,214,770.00 -
Qty Purch Date Maturity
Date of
Disposition
Share Price at
Sale / Maturity
Date Original Cost Value
Par Value at
Sale/Maturity
Gain / (Loss) on Sale
/ Redemption
Interest Earnings
Since Purchase Issuer CUSIP Held by
2,450 05/24/22 6/2/2025 6/2/2025 100.000000 $ 245,000.00 $ 245,000.00 $ - $ 22,437.98 Barclays Bank DEWilmington DE CD 06740KQS9 Stifel
10,000 06/07/24 6/10/2027 6/10/2025 100.000000 1,000,000.00 1,000,000.00 - 52,600.00 FEDL NATL MTG ASSN Note 3135GATR2 Stifel 2,450 05/14/24 5/22/2026 6/12/2025 100.000000 246,725.74 246,725.74 - 12,372.50 Morgan Stanley PVT BK NA -
Purchase NY CD 61768E3X9 Stifel
2,450 06/06/23 6/16/2025 6/16/2025 100.000000 245,000.00 245,000.00 - 25,514.92 Global Federal CR UNAnchorage AK SHS CTG 37892MAL8 Stifel 2,450 12/13/23 6/20/2025 6/20/2025 100.000000 245,000.00 245,000.00 - 18,391.78 SCE FCUIrwindale CA SHS CTF 78413RAJ6 Stifel
2,450 12/12/22 6/23/2025 6/23/2025 100.000000 245,000.00 245,000.00 - 30,641.78 Community West CR UNKentwood MI CD 20416JAC8 Stifel
2,450 06/16/23 6/23/2025 6/23/2025 100.000000 245,000.00 245,000.00 - 24,267.01 Oregon CMNTY CR UNEugene OR SHS CTF 68584JAE9 Stifel
2,450 06/23/22 6/24/2025 6/24/2025 100.000000 245,000.00 245,000.00 - 23,541.48 BMO Harris Bank NAChicago IL CD 05600XGK0 Stifel
Total $ 2,716,725.74 $ 2,716,725.74 $ - $ 209,767.45
Period Interest Revenue
Previous Month $188,108.34
Previous 12 mos. $2,810,206.31
CITY OF COVINA
INVESTMENT TRANSACTION SUMMARY
FOR THE MONTH ENDED JUNE 30, 2025
Purchased Investments
Net Revenue Analysis - for Period Ending June 30, 2025
Sold/Matured Investments
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
July 10, 2025
LAIF Home
PMIAAverage Monthly
Yields
CITY OF COVINA
CITY TREASURER
125 E. COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 98-19-219
June 2025 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type
Confirm
Number
Web
Confirm
Number Authorized Caller Amount
6/9/2025 6/9/2025 RD 1774522 1735098 BEI ZOU 2,000,000.00 Account Summary
Total Deposit: 2,000,000.00 Beginning Balance: 37,005,720.90 Total Withdrawal: 0.00 Ending Balance: 39,005,720.90
7/10/25, 3:37 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Statement Total
Balance Percentage
Cash Balances $6,130,649 5.99%
Local Agency Investment Fund 39,005,721 38.12%
Treasury / Agency 32,867,687 32.12%
Certificate of Deposits 21,070,000 20.59%
Funds Held by Bond Trustees 3,251,868 3.18%
Total $102,325,925 100.00%
CITY OF COVINA
Cash & Investment Holdings by Type as of June 30, 2025
*Average Investment coupon rate: 4.22% (based on weighted average of Original Cost Value) Cash Balances, 5.99%
Local Agency Investment
Fund, 38.12%
Treasury / Agency, 32.12%
Certificate of Deposits,
20.59%
Funds Held by Bond
Trustees, 3.18%
HOLDINGS BY TYPE
Attachment A-5 City
CASH PER BANK AND INVESTMENT BALANCE 5/31/2025 $588,355.34 RECEIPTS 6/1/25-6/30/25 -
DISBURSEMENTS 6/1/25-6/30/25 -
CASH PER BANK AND INVESTMENT BALANCE 6/30/2025 $588,355.34
ANALYSIS OF CASH PER BANK AND INVESTMENT BALANCE
CHECKING ACCOUNT $3,817.64
LOCAL AGENCY INVESTMENT FUND Attachment A-6 584,537.70
AVAILABLE CASH PER BANK BALANCES $588,355.34
CASH HELD BY BOND TRUSTEES 0.00
TOTAL CASH PER BANK AND INVESTMENT / BOND TRUSTEE CASH BALANCE 6/30/2025 $588,355.34 FOR THE MONTH ENDED JUNE 30, 2025
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT Attachment A- Agency
BANK ACQUISITION MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
Successor Agency to the Covina Redevelopment Agency:
Checking Account BMO $3,817.64 N/A Demand $3,817.64
Local Agency Investment Fund State of California 584,537.70 N/A Demand 584,537.70 Subtotal (A) $588,355.34 $588,355.34
Cash Held With 3rd Party Administrator:
(1) 2013 Series A Tax Allocation Bonds U.S. Bank* $0.00 N/A Demand ($0.00) Fiscal Agent: U.S. Bank
(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
Subtotal (B) ($0.00) ($0.00)
TOTAL (A+B) $588,355.34 $588,355.34
* Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED JUNE 30, 2025
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account.
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
July 10, 2025
LAIF Home
PMIAAverage Monthly
Yields
S/A CITY OF COVINA FOR COVINA
REDEVELOPMENT AGENCY
FINANCE DIRECTOR
125 EAST COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 65-19-007
June 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 584,537.70
Total Withdrawal: 0.00 Ending Balance: 584,537.70
7/10/25, 3:48 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Quarter
Ending City Agency*
6/30/2023 $103,215,268 $3,692,249
6/30/2024 $106,345,013 $629,567
6/30/2025. $102,325,925 $588,355
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY CASH AND INVESTMENTS THREE YEAR COMPARISON AS OF JUNE 30, 2025 The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
6/30/2023 6/30/2024 6/30/2025.
$103,215,268 $106,345,013
$102,325,925
$3,692,249 $629,567 $588,355
MONTH ENDING JUNE 30, 2025
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
Attachment A-7 City Agency
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: August 5, 2025
Title: Memorandum of Understanding between LA County Metropolitan Transportation Authority & the City of Covina for Prop. A Discretionary Incentive Grant Program for Collecting & Reporting Data for the National Transit Database for Report Year 2023 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2023.
EXECUTIVE SUMMARY/BACKGROUND:
The National Transit Database (NTD) is a federal program established by Congress which provides incentive funding to transit operators that follow federal reporting guidelines in the submittal of annual transportation related data to the Federal Transit Administration (FTA).
The City of Covina and many other cities within Los Angeles County operate fixed-route and Dial-A-Ride public transit services. Rather than require each city to report data unilaterally to the FTA, the Los Angeles County Metropolitan Transportation Authority (LACMTA) submits a consolidated NTD report to the FTA on behalf of 45+ cities. The data submitted by each of the local operators generates additional Federal Section 5307 transportation funds for the region. Once Congress apportions these funds, LACMTA enters into a Memorandum of Understanding (MOU) with each eligible city for their fair share of pertinent Section 5307 monies.
DISCUSSION:
In order to qualify for and receive Proposition A Discretionary Incentive funds, the City of Covina participates as a voluntary reporter in the NTD’s Demand Response Mode for Los Angeles County Small Operators by submitting Covina Transit data to the LACMTA and agreeing to an independent audit of Covina Transit operations by an independent audit firm contracted by LACMTA.
There is a two-year deferral in the receipt of Proposition A Discretionary Incentive funds and approval of the MOU (Attachment A) will allow the City to receive additional Proposition A funds as a result of the City’s successful passage of the FY 2022-23 operational audit. As a voluntary NTD reporter, the City is eligible to receive an incentive payment equal to the 47,348 revenue vehicle miles reported in FY2022-23 multiplied by the FTA unit value of $0.686483228324693 per revenue vehicle mile, resulting in a total payment of $32,504 in Proposition A Discretionary Incentive funds.
Upon final execution of the MOU, City staff shall submit one invoice to LACMTA in the amount of $32,504 to comply with program requirements and receive requisite funds. LACMTA, in turn, will substitute local Proposition A monies for Federal Section 5307 monies as the source funds for payment to the City, which will be expended according to Proposition A and Proposition C Local Return Guidelines adopted by the LACMTA Board.
FISCAL IMPACT:
Participation will allow the City of Covina to receive $32,504 in Proposition A Discretionary Incentive funds from LACMTA for the successful completion of the FY 2022-23 NTD Program Report. These funds will be deposited into the Proposition A NTD Incentive Transit Fund (2400-0000-42211) and can only be utilized for transportation expenses that qualify under Proposition A and Proposition C Local Return Guidelines adopted by the LACMTA Board.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The action is exempt from the provisions of the California Environmental Quality Act (CEQA).
Respectfully submitted,
MOUPAICOVI25000
PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
FOR COLLECTING AND REPORTING DATA FOR THE
NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2023
This Memorandum of Understanding (MOU) is entered into as of June 1, 2025 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Covina (the “City”).
WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and
WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and WHEREAS, at its June 27, 2024 meeting, LACMTA approved the Fiscal Year FY 2024-25 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2022-23; and
WHEREAS, the City has voluntarily submitted their FY2022-23 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and
WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2022-23 Report Year (the “Project”); and
WHEREAS, on May 5, 2025, the Federal Transit Administration (FTA) published in the Federal Register the FY 2024-25 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.
NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:
ATTACHMENT A
ARTICLE 1. TERM
1.0 This Memorandum of Understanding (“MOU”) will be in effect from June 1, 2025, through June 30, 2028 at which time all unused funds shall lapse.
ARTICLE 2. STANDARDS
2.0 To receive payment for the submittal of the FY 2022-23 NTD statistics, the City warrants that it:
A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;
B. Prepared and submitted the FY 2022-23 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the NTD on or before October 31, 2023;
C. Prepared and submitted the FY 2022-23 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before February 15, 2024;
ARTICLE 3. PAYMENT OF FUNDS TO CITY
3.0 LACMTA shall pay the City for collecting and reporting FY 2022-23 NTD statistics.
LACMTA shall pay the City for submitting the FY 2022-23 ANNUAL NTD REPORT for the applicable transit services as follows:
DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 47,348 revenue vehicle miles reported by the City multiplied by the FTA unit value of
0.686483228324693 per revenue vehicle mile. See Attachment A for detail.
3.1 The City shall submit one invoice to LACMTA prior to June 30, 2028, in the amount of $32,504 to receive its payment described above.
3.2 INVOICE BY CITY:
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]
Re: LACMTA MOU# MOUPAICOVI25000 M.S. Chelsea Meister (99-21-3) ARTICLE 4. CONDITIONS
4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.
4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.
4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.
4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.
4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.
ARTICLE 5. REMEDIES
5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.
ARTICLE 6. MISCELLANEOUS
6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.
6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.
ARTICLE 7. CONTACT INFORMATION
7.0 LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)
[email protected]
7.1 City’s Address:
Covina
125 E. College St.
Covina,CA 91723-2199
Attn: Raphael Guillen
Raphael Guillen <[email protected]>
IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:
CITY:
City of Covina Los Angeles County Metropolitan
Transportation Authority
_________________________ By: ___________________________
STEPHANIE WIGGINS
Mayor/City Manager Chief Executive Officer
Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: __________________
Digitally signed by: 4dd8a4b6-a104-
429a-9907-9b6d6de7c696
DN: CN = 4dd8a4b6-a104-429a9907-9b6d6de7c696
Date: 2025.06.30 13:42:06 -08'00'
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '22
Using FY '24 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Total Vehicle
Revenue Miles
Total Passenger
Miles
Total Operating
Costs $ from VRM $ from OPCOST Total Generated
Total ($)Due to
Jursd Before Tier
2 Deduction
Tier II
Operator
Deduction
Total ($)Due to
Jurisdiction
Glendale MB 870,564 1,065,127 10,532,283 597,627.59 6,185 $ 603,812 603,812 (88,358) 515,454 Pasadena MB 656,127 1,849,723 7,691,950 450,420.18 25,540 $ 475,960 475,960 (69,649) 406,311 LADOT COMMUNITY DASH MB 4,105,129 13,087,675 41,375,202 2,818,102 237,696 $ 3,055,798 3,055,798 (447,165) 2,608,633 LADOT DEPARTMENT OF AGING DR 237,760 292,252 4,242,341 163,218 1,156 $ 164,374 164,374 164,374 Total LADOT 4,342,889 13,379,927 45,617,543 2,981,320 238,852 $ 3,220,173 $ 3,220,173 $ (447,165) $ 2,773,007 - -
Total NTD 5307 Funds 5,869,580 16,294,777 63,841,776 4,029,368 270,577 4,299,945 4,299,945 (605,172) 7,994,717 -
FY25 Revenue Mile Rate
FY25 Passenger Mile Rate
0.6864832
0.0574166
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY22
Using FY24 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
Total ($)Due to
Jurisdiction
Alhambra MB 158,987 109,141.91 109,142
Alhambra DR 98,869 67,871.91 67,872
Artesia DR (DT) 4,712 3,234.71 3,235
Azusa DR 56,416 38,728.64 38,729
Baldwin Park MB 183,638 126,064.41 126,064
Baldwin Park DR 26,715 18,339.40 18,339
Bell TD
Bell MB 33,271 22,839.98 22,840
Bell DR 16,347 11,221.94 11,222
Bellflower MB 71,986 49,417.18 49,417
Bellflower DR 14,205 9,751.49 9,751
Bell Gardens MB 98,902 67,894.56 67,895
Bell Gardens DR 25,856 17,749.71 17,750
Burbank MB 216,013 148,289.30 (21,700) 126,590
Calabasas MB 86,082 59,093.85 59,094
Calabasas DR 3,852 2,644.33 2,644
Carson MB 28,100 19,290.18 19,290
Carson TN
Carson DR 71,628 49,171.42 49,171
Cerritos MB 99,328 68,187.01 68,187
Cerritos DR 40,026 27,477.18 27,477
Compton MB 179,908 123,503.82 123,504
Compton DR 110 75.51 76
Covina DR 47,348 32,503.61 32,504
Cudahy MB 33,109 22,728.77 22,729
Cudahy DR 10,947 7,514.93 7,515
Downey MB 101,069 69,382.17 69,382
Downey DR 40,311 27,672.83 27,673
Duarte MB
El Monte MB 221,914 152,340.24 152,340
El Monte DR 60,076 41,241.17 41,241
Glendora MB 40,735 27,963.89 27,964
Glendora DR 39,545 27,146.98 27,147
Huntington Park MB 130,598 89,653.34 89,653
Huntington Park DT 42,309 29,044.42 29,044
LACDPWAvocado MB 39,286 26,969.18 26,969
LACDPWELA MB 211,455 145,160.31 145,160
LACDPWELA DR 39,971 27,439.42 27,439
LACDPWEast Valinda MB 44,182 30,330.20 30,330
LACDPWKing Medical MB 33,586 23,056.23 23,056
LACDPWWillowbrook Shuttle MB 70,091 48,116.30 48,116
LACDPWS.Whittier MB 183,982 126,300.56 126,301
LACDPWAthens MB 36,912 25,339.47 25,339
LACDPWLennox MB 27,669 18,994.30 18,994
LACDPWFloranceFirestone MB 58,082 39,872.32 39,872
Lakewood DR 54,228 37,226.61 37,227
Lawndale MB
Lynwood MB 140,961 96,767.36 96,767
Malibu DT 2,764 1,897.44 1,897
ManhattanBeach DR 23,747 16,301.92 16,302
Maywood MB 32,291 22,167.23 22,167
Maywood DR 15,175 10,417.38 10,417
MontereyPark MB 116,534 79,998.64 79,999
MontereyPark DR 24,919 17,106.48 17,106
Pico Rivera DR 17,166 11,784.17 11,784
Rosemead MB 100,780 69,183.78 69,184
Rosemead DR 38,611 26,505.80 26,506
Santa Fe Springs DR 14,694 10,087.18 10,087
South Gate MB 114,106 78,331.86 78,332
South Gate DT 116,358 79,877.59 79,878
SouthPasadena DR 27,187 18,663.42 18,663
WestCovina MB 141,973 97,462.08 97,462
WestCovina DR 44,452 30,515.55 30,516
West Hollywood MB 114,998 78,944 78,944
Total 4,054,074 2,783,054 (21,700) 2,761,354
FY25 Revenue Mile Rate 0.68648
DID NOT REPORT FOR 2023
DID NOT REPORT FOR 2023
DID NOT REPORT FOR 2023
DID NOT REPORT FOR 2023
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: August 5, 2025
Title: Designating Certain Officials as Individuals Authorized to Execute Applications and Documents for the Purpose of Obtaining Financial Assistance Under Public Law 93-288 (PL 93-288)
Presented by: Theresa Franke, Director of Finance
Recommendation: Adopt Resolution CC 2025-95 designating the Mayor, City Manager, or Director of Finance as authorized agent to execute applications and documents for the purpose of obtaining financial assistance for disaster relief.
EXECUTIVE SUMMARY:
In the event of a natural disaster, damage may result in significant losses to the City of Covina generating the need for financial assistance from State and Federal sources. In addition, grants from these sources are available for related items, such as hazard mitigation efforts. In order to obtain such funds, one of the required elements is the submission of certain specified documents that have been signed by the City’s authorized agents. Approval of Resolution CC 2025-95 (Attachment A) will update the existing designated agents to reflect the Mayor, City Manager, or Director of Finance as authorized agents for the purpose of executing applications and documents in order to receive reimbursement funds for disaster relief and related activity. This update is necessary due to the reclassification of the Deputy Director of Administrative Services Director to the Director of Finance.
FISCAL IMPACT:
The adoption of Resolution CC 2025-95 will allow the City to make applications for State and Federal financial assistance as a result of certain specified disasters and grant opportunities. To the extent that financial assistance is received under Public Law 93-288, either a portion or all of the funds expended by the City in a disaster could be recovered.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2025-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DESIGNATING AN AGENT FOR THE PURPOSE OF
OBTAINING FINANCIAL ASSITANCE FOR DISASTER RELIEF
WHEREAS, the State of California, Office of Emergency Services requires that an authorized agent be designated for the purpose of applying for financial assistance, executing specific documents requested by State and Federal agencies pertinent to providing financial assistance, and receiving reimbursement funds for disaster relief.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Mayor, City Manager, or Director of Finance is hereby authorized to execute for and on behalf of the City of Covina, a public entity established under the laws of the State of California, this Designation of Applicant’s Agent Resolution for Non-State Agencies and to file it in the Office of Emergency Services for the purpose of obtaining certain Federal financial assistance under Public Law 93-288 (PL 93-288), as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and State financial assistance under the California Disaster Assistance Act.
SECTION 2. That the City of Covina, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the State Office of Emergency Services, for all that matters pertaining to such state disaster assistance, the assurances and agreements required.
SECTION 3. The attached Designation of Applicant’s Agent Resolution for Non-State Agencies (Exhibit A) sets forth the title of the City’s Authorized Agent to apply for financial assistance, execute specific documents requested by State and Federal agencies pertinent to providing financial assistance, and receiving reimbursement funds for disaster relief for up to three years upon approval.
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 5th day of August, 2025.
City of Covina, California
By: ________________________________
VICTOR LINARES, Mayor
Resolution CC 2025-95 Page 2 of 2
ATTEST:
___________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-95 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of August, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
___________________________________
FABIAN VELEZ, Chief Deputy City Clerk
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130 037-16742 City Council City of Covina City of Covina City of Covina Mayor City Manager Director of Finance EXHIBIT A
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130 City Council City of Covina City of Covina ✔ 5th August 25 Fabian Velez Chief Deputy City Clerk Chief Deputy City Clerk 5th August 25
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: August 5, 2025
Title: Adoption of Ordinance 25-06
Presented by: Eduardo Lomeli, Assistant Planner
Recommendation: Adopt Ordinance 25-06 Entitled, “Approving a Development Agreement Between Stiiizy Covina Inc, and the City of Covina, Related to Approval of a 4,600 Cannabis Microbusiness Retail Establishment Within the PCD (Planned Community Development) / M-1 (Light Manufacturing) Zone, Located at 754 East Arrow Highway (APN: 8405-003- 032) and Making a Determination of Exemption Under CEQA.
EXECUTIVE SUMMARY:
Ordinance 25-06 (Attachment A) was approved at introduction by a vote of 3-1-0-1 vote of the City Council at the July 15, 2025, City Council Meeting.
BACKGROUND:
It is recommended that the City Council adopt on second reading Ordinance 25-06 entitled, “Approving a Development Agreement Between Stiiizy Covina Inc, and the City of Covina, Related to Approval of a 4,600 Cannabis Microbusiness Retail Establishment Within the PCD (Planned Community Development) / M-1 (Light Manufacturing) Zone, Located at 754 East Arrow Highway (APN: 8405-003-032) and Making a Determination of Exemption Under CEQA”.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
ORDINANCE 25-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN STIIIZY COVINA INC, AND THE CITY OF COVINA,
RELATED TO APPROVAL OF A 4,600 CANNABIS MICROBUSINESS
RETAIL ESTABLISHMENT WITHIN THE PCD (PLANNED
COMMUNITY DEVELOPMENT) / M-1 (LIGHT MANUFACTURING)
ZONE, LOCATED AT 754 EAST ARROW HIGHWAY (APN: 8405-003-032)
AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the Development Agreement Statute) which authorizes cities to enter into agreements for the development of real property in order to establish certain development rights in such property; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; and
WHEREAS, Stiiizy Covina, Inc. (“Stiiizy”) has proposed and sought development approvals of a cannabis retail microbusiness to be located 754 East Arrow Highway. The proposal is for a Cannabis Microbusiness Retail Establishment consisting of a 4,600 square-foot commercial tenant space and associated interior tenant improvements, within the PCD (Planned Community Development) / M-1 (Light Manufacturing) zone, for property located at 754 E Arrow Hwy, Covina, CA, 91722 (APN: 8405-003-032); and
WHEREAS, a copy of the proposed Development Agreement is attached hereto and incorporated herein as Exhibit “A” to this Ordinance; and WHEREAS, the project is categorically exempt pursuant to State CEQA Guidelines Section 15332 as a Class 32 exempt project because the project aligns with the applicable general plan designation and all relevant policies, as well as with the zoning regulations, the proposed development is situated within city limits on a site of no more than five acres, which is largely surrounded by urban uses and within an existing commercial center, the project site does not provide habitat for endangered, rare, or threatened species, and the approval of the Development Agreement and the project would not lead to any significant impacts related to traffic, noise, or water quality, as the proposed uses are consistent with similar uses already established in the industrial commercial center. Additionally, the site can be adequately served by all necessary utilities and public services; and
WHEREAS, pursuant to the Development Agreement Statute, the Planning Commission held a duly noticed public hearing on June 24, 2025, on the proposed Project and Development Agreement and found that the proposed Development Agreement is consistent with objectives of the General Plan, compatible with the uses authorized for the project area, in conformity with public convenience and beneficial to the public welfare, will not adversely impact the orderly
Ordinance 25-06 Page 2 of 5
development of property, and contains the required elements as required by law and the City; and WHEREAS, the City Council, after published notice, held a public hearing on July 15, 2025, concerning the proposed Project, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing; and
WHEREAS, on July 15, 2025, the City Council of the City of Covina held a noticed public hearing to review the Development Agreement pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. (" CEQA"), and the State CEQA Guidelines, 14 C. C.R. 15000 et seq. and considered information presented by City staff, the Planning Commission' s recommendation, and the written and oral comments presented at the public hearing; and WHEREAS, on July 15, 2025, the City Council of the City of Covina, concurrently with the consideration of the proposed Project including Conditional Use Permit (CUP) 25-001 and Site Plan Review (SPR) 25-026, also considered the proposed Development Agreement at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project prior to and at the public hearing; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CEQA. The City Council, based on its own independent judgment, determines that the project to be carried out by the Development Agreement is categorically exempt pursuant to State CEQA Guidelines Section 15332 as a Class 32 exempt project. The project aligns with the applicable general plan designation and all relevant policies, as well as with the zoning regulations. The proposed development is situated within city limits on a site of no more than five acres, which is largely surrounded by urban uses and within an existing commercial center. The project site does not provide habitat for endangered, rare, or threatened species, and the approval of the Development Agreement and the project would not lead to any significant impacts related to traffic, noise, or water quality, as the proposed uses are consistent with similar uses already established in the industrial commercial center. Additionally, the site can be adequately served by all necessary utilities and public services SECTION 2. Based on the full record of these proceedings, the City Council hereby finds the Development Agreement:
1. Is consistent with the General Plan and the City Council finds that the proposed project as conditioned, complies with all applicable provisions of the General Plan, including but not limited to the Land Use Element designation for the site and with applicable policies and objectives of the General Plan;
2. Is in conformity with good land use practices because the project approvals, and the terms and provisions of the Development Agreement will guarantee adequate safety and security of the building and operation and provide for financial and community benefits to the City so as to ensure that its operation will be compatible with and not
Ordinance 25-06 Page 3 of 5
injurious to surrounding uses and will provide general benefits to the City and the community;
3. Will not be detrimental to the health, safety and general welfare as the project approvals and provisions of the development agreement will guarantee adequate safety measures;
4. Will not adversely affect the orderly development of property or the preservation of property values because the proposed development is conditioned to be developed and operated in compliance with strict standards consistent with state law, City ordinances and conditions of approval; and
5. Contains the terms and conditions required by the City, agreed upon by the applicant and is compliant with state law. Specifically, the Agreement provides for a term of 15 years, subject to extension by mutual agreement of the City and STIIIZY (Section 3.5); provides for the permitted uses of the property, intensity of use, the size of the operation and does not require dedication of land for public purposes (Section 4); contains terms for operation by reference to the “Development Approvals” that STIIIZY must comply with in connection with the Project (Section 3.1.10 and Section 4). The Agreement also provides terms for consideration of future approvals. (Section 4.11) and various specific requirements are imposed on the operation of the commercial cannabis business that is permitted to operate pursuant to the Development Approvals and the Agreement, including the requirement for a Community Benefit Fee, provisions for job and wage creation and defense and indemnification. Based on these findings and other evidence in the record, the Development Agreement is consistent with, and the provisions of Government Code 65864 through 65869. 5.
SECTION 3. Based upon the aforementioned findings, and all other evidence in the record of the proceeding, the City Council hereby approves the Development Agreement between STIIIZY Covina Inc. and the City of Covina attached hereto as Exhibit" A" and incorporated herein by reference.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The Mayor is authorized to execute the Development Agreement on behalf of the City once this Ordinance is effective. The executed Development Agreement shall be recorded against the title to the property within 10 days of the Effective Date of this Ordinance.
SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings and this Ordinance are based are located at the City Clerk' s office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days
Ordinance 25-06 Page 4 of 5
after its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the City Clerk shall cause to be published once the Ordinance, or a summary of thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Covina.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall enter the same in the Book of Original Ordinances.
PASSED, APPROVED, and ADOPTED this __ day of _________, 2025.
City of Covina, California
BY:
VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
KEVIN ENNIS, City Attorney
Ordinance 25-06 Page 5 of 5
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 25-06 was introduced for first reading at a special meeting on the ____ day of ___________, 2025.
Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ____ day of ___________, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: August 5, 2025
Title: Adoption of Ordinance 25-07
Presented by: Eduardo Lomeli, Assistant Planner
Recommendation: Adopt Ordinance 25-07 Entitled, “An Ordinance of the City of Covina Approving a Development Agreement Between Rilano Covina Inc, and the City of Covina, Related to a Proposal To Approval of a 3,443 Square Foot Cannabis Retail Establishment Within the Mixed-Use Overlay District (MUOD) / Commercial (Regional or Community Shopping Center) C-3A Zone, Located at 216 East Rowland Street, (APN: 8451-001-019) and Making a Determination of Exemption under CEQA”.
EXECUTIVE SUMMARY:
Ordinance 25-07 (Attachment A) was approved at introduction by a vote of 3-1-0-1 vote of the City Council at the July 15, 2025, City Council Meeting.
BACKGROUND:
It is recommended that the City Council adopt on second reading Ordinance 25-07 entitled, “An Ordinance of the City of Covina Approving a Development Agreement Between Rilano Covina Inc, and the City of Covina, Related to a Proposal To Approval of a 3,443 Square Foot Cannabis Retail Establishment Within the Mixed-Use Overlay District (MUOD) / Commercial (Regional or Community Shopping Center) C-3A Zone, Located at 216 East Rowland Street, (APN: 8451-001-019) and Making a Determination of Exemption under CEQA”.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
ORDINANCE 25-07
AN ORDINANCE OF THE CITY OF COVINA APPROVING A
DEVELOPMENT AGREEMENT BETWEEN RILANO COVINA INC,
AND THE CITY OF COVINA, RELATED TO A PROPOSAL TO
APPROVAL OF A 3,443 SQUARE FOOT CANNABIS RETAIL
ESTABLISHMENT WITHIN THE MIXED-USE OVERLAY DISTRICT
(MUOD) / COMMERCIAL (REGIONAL OR COMMUNITY SHOPPING
CENTER) C-3A ZONE, LOCATED AT 216 EAST ROWLAND STREET,
(APN: 8451-001-019) AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the Development Agreement Statute) which authorizes cities to enter into agreements for the development of real property in order to establish certain development rights in such property; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; and
WHEREAS, Rilano Covina Inc. (“Rilano”) has proposed and sought development approvals of a cannabis retail business to be located 216 E. Rowland Street. The proposal is for a Cannabis Retail Establishment, consisting of 3,443 square feet of cannabis retail space, and associated tenant improvements, within the Mixed-Use Overlay District (MUOD) / Commercial (Regional or Community Shopping Center) C-3A zone, for property located at 216 E Rowland St, Covina, CA, 91723 (APN: 8451-001-019); and
WHEREAS, a copy of the proposed Development Agreement is attached hereto and incorporated herein as Exhibit “A” to this Ordinance; and WHEREAS, the project is categorically exempt pursuant to State CEQA Guidelines Section 15301(e)(1) as a Class 1 exempt project because the project aligns with additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet. The proposed expansion is less than 50 percent, with an addition of 1,306 square feet to an existing 2,137-square-foot tenant space, totaling 3,443 square feet and occupying only 49.60% of the commercial center’s floor area and the approval of the Development Agreement and the project would not lead to any significant impacts related to traffic, noise, or water quality, as the proposed use is consistent with similar uses already established in the commercial center. No structural additions are proposed; and WHEREAS, pursuant to the Development Agreement Statute, the Planning Commission held a duly noticed public hearing on June 24, 2025, on the proposed Project and Development Agreement and found that the proposed Development Agreement is consistent with objectives of the General Plan, compatible with the uses authorized for the project area, in conformity with
public convenience and beneficial to the public welfare, will not adversely impact the orderly development of property, and contains the required elements as required by law and the City; and WHEREAS, the City Council, after published notice, held a public hearing on July 15, 2025 concerning the proposed Project, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing.
WHEREAS, on July 15, 2025, the City Council of the City of Covina held a noticed public hearing to review the Development Agreement pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. (" CEQA"), and the State CEQA Guidelines, 14 C. C.R. 15000 et seq. and considered information presented by City staff, the Planning Commission' s recommendation, and the written and oral comments presented at the public hearing; and WHEREAS, on July 15, 2025, the City Council of the City of Covina, concurrently with the consideration of the proposed Project including Conditional Use Permit (CUP) 25-003 and Site Plan Review (SPR) 25-032, also considered the proposed Development Agreement at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project prior to and at the public hearing; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CEQA. The City Council, based on its own independent judgment, determines that the project to be carried out by the Development Agreement is categorically exempt pursuant to State CEQA Guidelines Section Section 15301(e)(1) as a Class 1 exempt project. The project aligns with additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet. The proposed expansion is less than 50 percent, with an addition of 1,306 square feet to an existing 2,137-square-foot tenant space, totaling 3,443 square feet and occupying only 49.60% of the commercial center’s floor area and the approval of the Development Agreement and the project would not lead to any significant impacts related to traffic, noise, or water quality, as the proposed use is consistent with similar uses already established in the commercial center. No structural additions are proposed; SECTION 2. Based on the full record of these proceedings, the City Council hereby finds the Development Agreement:
1. Is consistent with the General Plan and the City Council finds that the proposed project as conditioned, complies with all applicable provisions of the General Plan, including but not limited to the Land Use Element designation for the site and with applicable policies and objectives of the General Plan;
2. Is in conformity with good land use practices because the project approvals, and the terms and provisions of the Development Agreement will guarantee adequate safety and security of the building and operation and provide for financial and community
benefits to the City so as to ensure that its operation will be compatible with and not injurious to surrounding uses and will provide general benefits to the City and the community;
3. Will not be detrimental to the health, safety and general welfare as the project approvals and provisions of the development agreement will guarantee adequate safety measures;
4. Will not adversely affect the orderly development of property or the preservation of property values because the proposed development is conditioned to be developed and operated in compliance with strict standards consistent with state law, City ordinances and conditions of approval; and
5. Contains the terms and conditions required by the City, agreed upon by the applicant and is compliant with state law. Specifically, the Agreement provides for a term of 15 years, subject to extension by mutual agreement of the City and Rilano (Section 3.5); provides for the permitted uses of the property, intensity of use, the size of the operation and does not require dedication of land for public purposes (Section 4); contains terms for operation by reference to the “Development Approvals” that Rilano must comply with in connection with the Project (Section 3.1.10 and Section 4). The Agreement also provides terms for consideration of future approvals. (Section 4.11) and various specific requirements are imposed on the operation of the commercial cannabis business that is permitted to operate pursuant to the Development Approvals and the Agreement, including the requirement for a Community Benefit Fee, provisions for job and wage creation and defense and indemnification. Based on these findings and other evidence in the record, the Development Agreement is consistent with, and the provisions of Government Code 65864 through 65869. 5.
SECTION 3. Based upon the aforementioned findings, and all other evidence in the record of the proceeding, the City Council hereby approves the Development Agreement between Rilano, Covina, Inc and the City of Covina attached hereto as Exhibit" A" and incorporated herein by reference.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The Mayor is authorized to execute the Development Agreement on behalf of the City once this Ordinance is effective. The executed Development Agreement shall be recorded against the title to the property within 10 days of the Effective Date of this Ordinance.
SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings and this Ordinance are based are located at the City Clerk' s office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the City Clerk shall cause to be published once the Ordinance, or a summary of thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Covina.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall enter the same in the Book of Original Ordinances.
PASSED, APPROVED, and ADOPTED this __ day of _________, 2025.
City of Covina, California
BY:
VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
KEVIN ENNIS, City Attorney
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 25-07 was introduced for first reading at a special meeting on the ____ day of ___________, 2025.
Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ____ day of ___________, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: August 5, 2025
Title: Adoption of Ordinance 25-08
Presented by: Eduardo Lomeli, Assistant Planner
Recommendation: Adopt Ordinance 25-08 Entitled, “An Ordinance of the City Council of the City of Covina, California, Approving a Development Agreement between Zen GW Cali Partners LLC, and the City Of Covina, Related to Approval of a 3,956 Square Foot Cannabis Retail Establishment within the Covina Town Center Specific Plan (CTCSP) Mixed Use (MU) Zone Located at 125 South Citrus Avenue (APN 8444-001-018) and Making a Finding of Exemption Under CEQA”.
EXECUTIVE SUMMARY:
Ordinance 25-08 (Attachment A) was approved at introduction by a vote of 3-1-0-1 vote of the City Council at the July 15, 2025, City Council Meeting.
BACKGROUND:
It is recommended that the City Council adopt on second reading Ordinance 25-08 Entitled, “An Ordinance of the City Council of the City of Covina, California, Approving a Development Agreement between Zen GW Cali Partners LLC, and the City Of Covina, Related to Approval of a 3,956 Square Foot Cannabis Retail Establishment within the Covina Town Center Specific Plan (CTCSP) Mixed Use (MU) Zone Located at 125 South Citrus Avenue (APN 8444-001-018) and Making a Finding of Exemption Under CEQA”.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
ORDINANCE 25-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN ZEN GW CALI PARTNERS LLC, AND THE CITY OF
COVINA, RELATED TO APPROVAL OF A 3,956 SQUARE FOOT
CANNABIS RETAIL ESTABLISHMENT WITHIN THE COVINA TOWN
CENTER SPECIFIC PLAN (CTCSP) MIXED USE (MU) ZONE LOCATED AT 125 SOUTH CITRUS AVENUE (APN 8444-001-018) AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the Development Agreement Statute) which authorizes cities to enter into agreements for the development of real property in order to establish certain development rights in such property; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; and
WHEREAS, Zen GW Cali Partners LLC (“Zen Garden”) has proposed and sought development approvals of a cannabis retail business to be located 125 South Citrus Avenue. The proposal is for a Cannabis Retail Establishment (“Zen Garden”), consisting of a 3,956 square feet of cannabis retail space, and associated tenant improvements, within the Covina Town Center Specific Plan Mixed Use zone, located at 125 S Citrus Ave, Covina, CA, 91723 (APN: 8444-001- 018).
WHEREAS, the project is categorically exempt pursuant to State CEQA Guidelines 15301 (1), because the project consists of the operation, repair, maintenance, permitting, leasing, licensing, and minor alteration of an existing private structure involving negligible or no expansion of an existing use, including interior or exterior alterations involving such things as interior partitions, and the approval of the Development Agreement and the project would not lead to any significant impacts The project involves interior improvements and upgrades. No structural additions or expansions are proposed; and
WHEREAS, a copy of the proposed Development Agreement is attached hereto and incorporated herein as Exhibit “A” to this Ordinance; and WHEREAS, pursuant to the Development Agreement Statute, the Planning Commission held a duly noticed public hearing on June 24, 2025, on the proposed project; and WHEREAS, pursuant to the Development Agreement Statute, the Planning Commission held a duly noticed public hearing on June 24, 2025, on the proposed Project and Development Agreement and found that the proposed Development Agreement is consistent with objectives of the General Plan, compatible with the uses authorized for the project area, in conformity with
public convenience and beneficial to the public welfare, will not adversely impact the orderly development of property, and contains the required elements as required by law and the City; and WHEREAS, the City Council, after published notice, held a public hearing on July 15, 2025 concerning the proposed Project, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing; and
WHEREAS, on July 15, 2025, the City Council of the City of Covina held a noticed public hearing to review the Development Agreement pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. (" CEQA"), and the State CEQA Guidelines, 14 C. C.R. 15000 et seq. and considered information presented by City staff, the Planning Commission' s recommendation, and the written and oral comments presented at the public hearing; and WHEREAS, on July 15, 2025, the City Council of the City of Covina, concurrently with the consideration of the proposed Project including Conditional Use Permit (CUP) 25-004 and Site Plan Review (SPR) 25-039, also considered the proposed Development Agreement at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project prior to and at the public hearing; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CEQA. The City Council, based on its own independent judgment, determines that the project to be carried out by the Development Agreement is categorically exempt pursuant to State CEQA Guidelines Section 15301 as a Class 1 exempt project. The project aligns with the operation, repair, maintenance, permitting, leasing, licensing, and minor alteration of an existing private structure involving negligible or no expansion of an existing use, including interior or exterior alterations involving such things as interior partitions. The project involves interior improvements and upgrades to an existing facility. No structural additions are proposed.
SECTION 2. Based on the full record of these proceedings, the City Council hereby finds the Development Agreement:
1. Is consistent with the General Plan and the City Council finds that the proposed project as conditioned, complies with all applicable provisions of the General Plan, including but not limited to the Land Use Element designation for the site and with applicable policies and objectives of the General Plan;
2. Is in conformity with good land use practices because the project approvals, and the terms and provisions of the Development Agreement will guarantee adequate safety and security of the building and operation and provide for financial and community benefits to the City so as to ensure that its operation will be compatible with and not injurious to surrounding uses and will provide general benefits to the City and the community;
3. Will not be detrimental to the health, safety and general welfare as the project approvals and provisions of the development agreement will guarantee adequate safety measures;
4. Will not adversely affect the orderly development of property or the preservation of property values because the proposed development is conditioned to be developed and operated in compliance with strict standards consistent with state law, City ordinances and conditions of approval; and
5. Contains the terms and conditions required by the City, agreed upon by the applicant and is compliant with state law. Specifically, the Agreement provides for a term of 15 years, subject to extension by mutual agreement of the City and Zen Garden (Section
3.5); provides for the permitted uses of the property, intensity of use, the size of the operation and does not require dedication of land for public purposes (Section 4); contains terms for operation by reference to the “Development Approvals” that Zen Garden must comply with in connection with the Project (Section 3.1.10 and Section 4). The Agreement also provides terms for consideration of future approvals. (Section
4.11) and various specific requirements are imposed on the operation of the commercial cannabis business that is permitted to operate pursuant to the Development Approvals and the Agreement, including the requirement for a Community Benefit Fee, provisions for job and wage creation and defense and indemnification. Based on these findings and other evidence in the record, the Development Agreement is consistent with, and the provisions of Government Code 65864 through 65869. 5.
SECTION 3. Based upon the aforementioned findings, and all other evidence in the record of the proceeding, the City Council hereby approves the Development Agreement between Zen GW Cali Partners and the City of Covina attached hereto as Exhibit" A" and incorporated herein by reference.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The Mayor is authorized to execute the Development Agreement on behalf of the City once this Ordinance is effective. The executed development agreement shall be recorded against the title to the property.
SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings and this Ordinance are based are located at the City Clerk' s office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the City Clerk shall cause to be published once the Ordinance, or a summary of thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Covina.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall enter the same in the Book of Original Ordinances.
PASSED, APPROVED, and ADOPTED this __ day of _________, 2025.
City of Covina, California
BY:
VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
KEVIN ENNIS, City Attorney
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 25-08 was introduced for first reading at a special meeting on the ____ day of ___________, 2025.
Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ____ day of ___________, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: August 5, 2025
Title: Request to Cancel the Regular City Council Meeting of August 19, 2025 Presented by: Chris Marcarello, City Manager
Recommendation: That the City Council consider cancelling the regular scheduled City Council Meeting of August 19, 2025.
EXECUTIVE SUMMARY:
The City Council has legal authority to establish meeting dates and times and to cancel or reschedule such meetings with proper and timely public notice. Due to an anticipated lack of quorum, it is recommended that the City Council consider cancelling the meeting of August 19, 2025, and direct the City Clerk’s Office to post the required notice of cancellation.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: August 5, 2025
Title: Speed Hump Installation Project – Armel Drive between Rowland Avenue and Workman Avenue
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve Recommendation from the Transportation and Mobility Advisory Commission for the installation of speed humps on Armel Drive between Rowland Avenue and Workman Avenue; and
2. Award a Minor Construction and Maintenance Agreement to FS Contractors, Inc as the lowest responsive, responsible bidder in an amount not-to-exceed $22,950 and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
During the past several months, the Department of Public Works - Engineering Division has received service requests from residents for the installation of traffic calming speed humps along Armel Drive between Rowland Avenue and Workman Avenue. On January 14, 2025, City staff presented this request to the Transportation and Mobility Advisory Commission for their consideration and recommendation to the City Council. The Transportation and Mobility Advisory Commission reviewed and approved staff’s recommendation for the installation of two speed humps on Armel Drive between Rowland Avenue and Workman Avenue.
Speed humps have been used as a traffic calming device in many cities to reduce vehicle speeds on local residential streets with a single travel lane in each direction. Speed humps are round, raised areas of asphalt constructed across the roadway width. The length of speed humps are generally 12 feet with a maximum height of 3 inches; speed humps can also span the full width of a street tapering at the gutters to not affect storm water flow.
BACKGROUND:
Armel Drive is a residential local roadway that runs north / south, carries one lane of traffic in each direction and is stop-controlled at Rowland Avenue and Workman Avenue. The roadway is approximately 32-feet wide from curb face to curb face with parking allowed on the west and east side of the road with no street sweeping restrictions. The length of the project area is approximately 1,260 linear feet.
Several requests were made to the Engineering Department from residents living on Armel Drive between Rowland Avenue and Workman Avenue for the installation of traffic calming improvements. Residents stated vehicles are speeding through their neighborhood due to the lack of stop signs and other traffic calming measures and that an accident involving a vehicle may happen at any time.
DISCUSSION:
Residents living at this location submitted a Speed Hump request to the Engineering Division (Attachment A).
City staff reviewed and analyzed the request according to the City’s Speed Hump Policy and determined that this street segment is eligible for the installation of two speed humps pursuant to the following:
A substantial majority (67%) of residents on logical continuous segments of a local residential street must support the installation of speed humps; 68% approved the installation.
The street shall be no more than one lane in each direction. The street should not be a truck route or a transit route. The street should not have grades greater than 5%. On hilly/rolling streets, the eligible segment of the street shall meet the minimum sight distance requirements. Streets eligible for the installation of speed humps shall have a posted speed limit of 30 mph or less as determined in accordance with State Law, and shall have an 85% percentile speed minimum of 10 mph over the posted speed limit.
Streets less than 1,200 feet and greater than 600 feet may be eligible for speed humps provided they meet all other criteria and the street is continuous to street segments of 1,200 feet or longer with speed humps.
City staff requested informal proposals for the Speed Hump Installation Project – Armel Drive between Rowland Avenue and Workman Avenue and three (3) proposals were submitted with the following results:
Rank Contractor Location Bid Base Amount
1 FS Contractors, Inc Sylmar, CA $22,950
2 G.M. Sager Construction Co, Inc Pomona, CA $27,000
3 Gentry Brothers, Inc Irwindale, CA No Response
City staff reviewed all proposal documents as well as contractor backgrounds and recently completed projects for competency. It was subsequently determined that FS Contractors, Inc. was the lowest responsive, responsible bidder to perform the Speed Hump Installation Project – Armel Drive between Rowland Avenue and Workman Avenue.
FISCAL IMPACT:
This project will be funded by the Measure R half-cent sales tax used to finance new transportation projects and programs. A total funding amount of $100,000 has been allocated from Measure R funding sources (Account No. 2410-2200-55310-T2602) for the Traffic Calming Improvement Project – City Wide in the City’s approved Fiscal Year 2025-2026 Capital Improvement Program Budget. Construction of the Speed Hump Installation Project on Armel Drive between Rowland Avenue and Workman Avenue will serve as a new traffic calming measure intended to protect the health and safety of Covina residents.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
Respectfully submitted,
1 4 8 3 8 B L E D S O E S T R E E T • S Y L M A R , C A 9 1 3 4 2 P H O N E : ( 8 1 8 ) 8 3 8 - 6 0 4 0 • F A X : ( 8 1 8 ) 8 3 8 - 6 1 7 1 C O N T R A C T O R ’ S L I C E N S E N O . 1 0 0 5 9 4 0 C L A S S A - C8 - C 2 7 • D I R N O . 1 0 0 0 0 3 3 4 3 8 PROPOSAL R2
Speed Humps at S Armel Drive
July 14, 2025
Mr. Michael Flores, Jr.
Public Works Manager
City of Covina
Department of Public Works
125 East College Street
Covina, CA 91723
[email protected]
626-384-5482 Office
PROJECT: Speed Humps at S Armel Drive between E Rowland Avenue and E Workman Avenue
Dear Mr. Flores, Jr.:
Per your December 3, 2024 and July 7, 2025 email requests, we hereby propose to furnish all labor, material, equipment, and transportation necessary to complete the work as itemized in the table below.
The scope of work includes the construction of two (2) speed humps on S Armel Drive between E Rowland Avenue and E Workman Avenue. Reference attached email correspondence, photos, and City speed hump standard.
Item Description Quantity Unit Unit Price Item Total
1 Mobilization and traffic control. 1 LS $1,000.00 $1,000.00 2 Construct speed hump per attached City Standard ST010. Street is 32’ wide. 2 EA $7,000.00 $14,000.00 3 Furnish and install striping and signage for speed hump per attached City Standard ST-010. 1 LS $7,950.00 $7,950.00 TOTAL PRICE* $22,950.00
*The Total Price is the minimum price for performing the work even if the final quantity ends up being less than that shown on the Proposal. If the quantity exceeds the specified quantity, then the additional quantity will be charged per the unit price. Price is good for 30 days from the date of Proposal. Price is based on prevailing wage rates. All work is based on one move-in. Additional move-ins will be charged at a rate of $1,000.00 each.
EXCLUSIONS: Permits, bond, engineering survey, re-establishment of survey monument, utility relocation and removal of existing striping are not included in the proposal.
ACCEPTANCE OF PROPOSAL
I/We agree to and hereby accept the proposed scope of work and prices. You are hereby authorized to proceed with the work.
Accepted By:
Name and Title Signature Date
Name and Title Signature Date
ATTACHMENT A
ATTACHMENT B
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated August 5, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and FS Contractors, Inc a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to construction of the Traffic Calming Improvements Project – Project No. T2602.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work 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 June 30, 2026, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of Twenty-Two Thousand Nine Hundred and Fifty Dollars ($22,950) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
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.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), 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 B
3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work 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 Contractor Representative shall be Jose Angel Fierros, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement.
Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
ATTACHMENT B
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All
ATTACHMENT B
inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
ATTACHMENT B
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule,
ATTACHMENT B
regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or
ATTACHMENT B
termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
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3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor 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, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any
ATTACHMENT B
premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In
ATTACHMENT B
the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: Engineering Division Jose Angel Fierros, President City of Covina FS Contractors, Inc
125 E. College Street 14838 Bledsoe Street
Covina, California 91723 Sylmar, CA 91342
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
ATTACHMENT B
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, B, C, and D constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the
ATTACHMENT B
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. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.
All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
30. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
31. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT B
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:
FS Contractors, Inc.
a California Corporation
By:
Name: Jose Angel Fierros
Title: President
By:
Name: Jose Ernesto Fierros
Title: Corporate Secretary
(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.)
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
TRAFFIC CALMING IMPROVEMENTS PROJECT – PROJECT NO. T2602 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT D
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
TRAFFIC CALMING IMPROVEMENTS PROJECT – PROJECT NO. T2602 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section
1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: August 5, 2025
Title: Award of Contract to FS Contractors, Inc. for the Replacement of Fencing located at the Covina City Yard and various locations along Charter Oak Wash in an amount not-toexceed $52,500 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute a contract between FS Contractors, Inc. and the City of Covina for the Replacement of Fencing located at the Covina City Yard and various locations along Charter Oak Wash.
EXECUTIVE SUMMARY/BACKGROUND:
The Department of Public Works is responsible for maintaining City-owned fencing at various locations across Covina and large sections of fencing that have been in place for decades and are now deteriorated, rusted, and/or encroaching onto neighboring properties. Three locations in particular need of replacement are situated along the Charter Oak Wash, abutting City property lines. Similarly, the fencing enclosing the City Yard is decades old and has been vandalized several times in attempts to gain access to the facility after-hours. Fencing at the aforementioned locations currently poses increasing security and safety risks to both City and neighboring properties and the installation of new fencing should provide greater security and reduce trespassing, decrease the need for repairs and fortify the structures for years to come. Thus, City staff is recommending approval of a fencing contract to FS Contractors, Inc. in an amount not-to-exceed $52,500 (Attachment A) for the installation of new fencing at four citywide locations.
DISCUSSION:
City staff recently assessed the condition of city-owned fencing in multiple locations and determined the following four (4) locations to be in most urgent need of fencing repairs:
City Yard – 534 North Barranca Avenue
Banna Avenue access Charter Oak Wash – Nearest 714 North Banna Avenue Glendora Avenue access Charter Oak Wash – Nearest 702 North Banna Avenue Greenpark Avenue access Charter Oak Wash – Nearest 781 North Greenpark Avenue (on Cypress Street) Two sections of fencing (southwest and northwest corners) at the City Yard have been identified for replacement and the existing chain-link fence at the southwest corner will be replaced with wrought-iron fencing in order to deter future attempts at unauthorized facility access. To date, there have been nearly 10 holes that City staff has repaired after these attempts. At the northern end of the lot, the exiting chain-link fence abuts the railroad tracks and will be replaced with new chain-link. This will establish a structure that no longer leans toward the tracks and provides a safer delineation for both properties.
At each of the above-listed entrances of the Charter Oak Wash, the access points have been in place for years and are deteriorating and rusting. Replacement of existing chain-link fencing with new chain-link will improve safety and security and also enhance the aesthetics of the residential neighborhood.
The Department of Public Works utilized informal bidding procedures and reached out to three qualified contractors to perform the specified scope of work, resulting in the following bids:
Rank Consultant Location Cost
1 FS Contractors, Inc. Sylmar, CA $52,500.00
2 West Coast Fencing Riverside, CA No Response
3 GM Sager Construction Co, Inc. Pomona, CA No Response City staff reviewed all proposal documents as well as the contractor’s background and recent projects for competency and subsequently determined that FS Contractor’s, Inc. is the successful lower bidder. It is recommended that a contract (Attachment B) for the Replacement and Repair of Fences located at the City Yard and various locations along the Charter Oak Wash be awarded to FS Contractor’s, Inc. as the lowest responsive and responsible bidder in an amount not-to-exceed $52,500.
FISCAL IMPACT:
Sufficient funding is available in the Public Works Department Operational Budget, approved as part of the Fiscal Year 2025-2026 Citywide Budget by the City Council on May 6, 2025.
City Yard – 534 N. Barranca Avenue
Funding Source Account Total
Transportation (Prop A) 24004350-52410 $5,000
Environmental 62005580-52400 $5,000
Building Maintenance 70206100-52400 $10,000
Sewer 63002700-52410 $15,500
City Yard Sub-Total $35,500
Charter Oak Wash – Various Locations
Funding Source Account Total
Engineering 10102100-51990 $9,000
Engineering 10102100-51990 $4,500
Engineering 10102100-51990 $3,500
Charter Oak Wash Sub-Total $17,000
Total Fiscal Impact $52,500
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt per Section 15061 (b) (3). The project is covered by the General Rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Respectfully submitted,
14838 BLEDSOE STREET • SYLMAR, CA 91342 PHONE: (818) 838 - 6 040 • FAX: (818) 838 - 6171 CONTRACTOR’S LICENSE NO. 1005940 CLASS A - C 8 - C27 • DIR NO. 1000033438 PROPOSAL Fence Repairs – Various locations
July 18, 2025
Mr. Hugo Guerrero
City of Covina
Department of Public Works
125 East College Street
Covina, CA 91723-2199
[email protected]
Dear Mr. Guerrero:
Per your request, we hereby propose to furnish all labor, material, equipment, and transportation necessary to complete the work as itemized in the table below. The scope of work includes the repairing fence at various locations per details below.
Item Description Item Total
1 City of Covina Public Works:
Front: Remove and haul away approx. 168’ of existing chain link fence. Furnish and install wrought iron fence, 8' height. All fence post to be 3"x3"x14g embedded in concrete 36"D and spaced at every 8' on centers. Top and bottom rail to be 2"x3"x14g. Fence pickets to be 1"x1"x14g spaced at every 4" on center. All fence panels and post to be primer and painted color black to match existing. Includes the installation of temp fence to protect premises during construction ………. ($32,500.00) Back: Remove and replace in kind (8) damage 1-7/8" post. Re-use existing chain link fence and barb wire; for a complete repair (Excludes SCRRA permits and fees, if required) ………... ($3,000.00) $35,500.00 2 Next to 714 N. Banna Ave:
At canal wash entrance, both sides of the Road; Remove and haul away existing 5ft chain link fence.
Furnish and install 5ft height x 9 gage chain link fence. Clean and pain all existing fence post and fittings.
Re hung double drive gate and install drop rod receiver. Does not include retaining curbs/walls $9,000.00 3 Next to 702 N. Glendora Ave:
At canal wash entrance (East side of the Road); Remove and haul away existing 5ft chain link fence.
Furnish and install 5ft height x 9 gage chain link fence to match existing in kind. Clean and paint all existing fence post and fence components color Galvanized. $4,500.00 4 Next to 871 N. Greenpark Ave, on Cypress St:
At canal wash entrance (South side of the Road); Remove and haul away existing chain link fence. Paint color galvanize existing fence fittings and parts. Furnish and install 5' height x 9 gage chain link fence. $3,500.00 TOTAL PRICE* $52,500.00
*The Total Price is the minimum price for performing the work even if the final quantity ends up being less than that shown on the Proposal. If the quantity exceeds the specified quantity, then the additional quantity will be charged per the unit price. Price is good for 30 days from the date of Proposal. Price is based on prevailing wage rates. All work is based on one move-in. Additional move-ins will be charged at a rate of $1,000.00 each.
EXCLUSIONS: Permits, bond, engineering survey, overnight security, and utility relocation are not included in the proposal.
ACCEPTANCE OF PROPOSAL
I/We agree to and hereby accept the proposed scope of work and prices. You are hereby authorized to proceed with the work.
Accepted by:
Name and Title Signature Date
ATTACHMENT A
It might require an 18"
high retaining curb/wall
(not included)
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated August 5, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and FS Contractors, Inc. a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform/provide the Fence Replacement at the Covina City Yard and various locations along Charter Oak Wash.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work 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 December 31, 2025 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year terms. In no event shall the contract be extended beyond December 31, 2026.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Fifty-Two Thousand Five Hundred Dollars ($52,500.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
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.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), 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 B
3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work 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 Contractor Representative shall be Ying Kwan, Project Manager (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The
Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of one Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer
files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become
entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work
under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all
original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: Streets Division Attn: Ying Kwan
City of Covina FS Contractors, Inc.
125 E. College Street 14838 Bledsoe Street
Covina, California 91723 Sylmar, CA 91342
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, B, C, and D constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.
All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
30. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
31. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:
FS Contractors, Inc.,
a California corporation
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)