Agenda packet — Covina City Council, September 16, 2025 (part 2 of 2)

Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 11, 2025
LAIF Home
PMIA Average 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
August 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 590,941.92
Total Withdrawal: 0.00 Ending Balance: 590,941.92
9/11/25, 11:29 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-6 Agency

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Quarter
Ending City Agency*
8/31/2023 $95,100,810 $3,722,597
8/31/2024 $96,932,539 $638,639
8/31/2025. $98,894,845 $594,760

CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY CASH AND INVESTMENTS THREE YEAR COMPARISON AS OF AUGUST 31, 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
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
8/31/2023 8/31/2024 8/31/2025.
$95,100,810 $96,932,539 $98,894,845
$3,722,597 $638,639 $594,760
MONTH ENDING AUGUST 31, 2025
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
Attachment A-7 City Agency

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Carrying Cost Plus
Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury:

Bills $ 43,226,961,477.07 $ 43,665,553,750.00 NA
Notes $ 42,241,684,807.58 $ 42,464,890,050.00 $ 380,128,310.00 Federal Agency:

SBA $ 235,966,595.68 $ 233,455,785.91 $ 942,841.91
MBS-REMICs $ 1,011,800.54 $ 1,020,033.56 $ 4,413.90
Debentures $ 6,000,752,965.46 $ 6,015,873,950.00 $ 69,482,882.00 Debentures FR $ - $ - $ -
Debentures CL $ 2,850,000,000.00 $ 2,862,565,900.00 $ 35,386,785.00 Discount Notes $ 34,385,538,791.69 $ 34,739,285,600.00 NA Supranational Debentures $ 3,583,930,138.54 $ 3,600,621,070.00 $ 36,931,015.70 Supranational Debentures FR $ - $ - $ -
CDs and YCDs FR $ - $ - $ -
Bank Notes $ 100,000,000.00 $ 100,020,819.28 $ 649,250.00 CDs and YCDs $ 15,050,000,000.00 $ 15,051,918,998.64 $ 198,617,888.87 Commercial Paper $ 10,204,889,527.77 $ 10,311,166,305.54 NA Corporate:

Bonds FR $ - $ - $ -
Bonds $ 1,002,731,162.47 $ 1,004,644,403.00 $ 9,562,452.92 Repurchase Agreements $ - $ - $ -
Reverse Repurchase $ - $ - $ -
Time Deposits $ 5,249,000,000.00 $ 5,249,000,000.00 NA
PMIA & GF Loans $ 262,742,740.00 $ 262,742,740.00 NA
TOTAL $ 164,395,210,006.80 $ 165,562,759,405.93 $ 731,705,840.30 Fair Value Including Accrued Interest $ 166,294,465,246.23 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).

State of California
Pooled Money Investment Account
Market Valuation
8/31/2025
Attachment A-8

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: September 16, 2025
Title: Amendment to the Agreement between the City of Covina and Dunwright Painting and Coatings for Interior Painting as Tenant Improvements at 401 N. Citrus Avenue Presented by: Brian K. Lee, Deputy City Manager/Director of Community Development Recommendation: Approve the First Amendment between the City of Covina and Dunwright Painting and Coating and Authorize the City Manager or his designee to and execute all related documents.

EXECUTIVE SUMMARY:

As part of the City’s Capital Improvement Program (“CIP”) budget, a project was included to create a shared workspace in the City’s downtown shopping district. Such effort is expected to enhance economic activity in the area and help to attract start-ups and small businesses and other entrepreneurs into the community. The project includes minor tenant improvements and the purchase of office furniture/equipment to convert a commercial building located at 401 N. Citrus Avenue into a 4,265 square foot shared office facility.

On April 19, 2022, the City Council approved an exchange agreement with Bently Real Estate to secure a no-cost eight (8) years, two (2) month lease for the subject property. The agreement was amended on September 5, 2023 to extend the performance period. In exchange, Bently Real Estate will receive approximately 416.9 lineal feet of Geneva Place to use as part of a larger mixed-use development project. Bently Real Estate is responsible for completing certain improvements at 401 N. Citrus to deliver the City a “warm shell”, which will then trigger the dedication of the Geneva Place right of way. This includes installation of an elevator and an HVAC system among other items.

In April of 2022, the City published a Request for Qualifications (RFQ) seeking operational services for a coworking facility at 401 N. Citrus and evaluated the qualifications of respondents. The most qualified respondent was FoundrSpace LLC (“Operator”), and on August 1, 2023, the City Council approved a Management Agreement (“Agreement”) between the City and FoundrSpace LLC for their operation of a co-working facility.

The Agreement detailed certain improvements that will be made by the City to the warm shell, which will bring the facility to a level of usability and habitability that will enable the Operator to begin operations.

To facilitate the interior painting of the facility as part of the tenant improvements, the City Council awarded a minor construction contract to Dunwright Painting and Coating for interior painting of the facility with an amount not to exceed $28,000. Additional interior painting has been requested from the contractor, and as such, the quoted price has gone up by $11,400. Staff recommends that the First Amendment be approved to allow for the proposed “pony walls” and ceiling to be painted in addition to the interior walls, in an amount not to exceed $41,000.

DISCUSSION:

The Management Agreement between the City and the Operator stipulates that the City will perform certain improvements to the building on a tiered system and within the allocated budget. Should there be additional funding after the City completes the physical building improvements from the Tier I category, funding may be used to pay for additional build out assistance, up to the amount set aside through the CIP. Dunwright’s original agreement scope stipulates that they will dust, prime, and paint the interior of 401 N. Citrus, which includes a two-story building and a rear one-story building. The additional scope within this proposed Amendment will also

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add ceiling painting and priming for both buildings and will add painting and priming to “pony walls” that will be installed.

The total price for completion of the original Agreement items and the additional scope is $37,900. Staff recommends a not to exceed amount of $41,000 to allow for contingencies such as small wall repairs and additional surface preparation, if needed. Following the City’s completion of the tenant improvements, the Operator will outfit the building to support their operation and the co-working space will open for business.

FISCAL IMPACT:

There is no impact to the General Fund. Funds are budgeted under account 4010-4000-55100-COWRK.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated May 6, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Dunwright Painting and Coatings, a sole proprietor (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 interior surface preparation, priming, and painting for a two-story building and one-story building located at 401 N. Citrus Avenue.

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 May 6, 2026 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 May 6, 2027.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum not to exceed Twenty-Eight Thousand Dollars ($28,000) 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.

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ATTACHMENT A

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 Enrique Garza, Owner (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.

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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. 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.

J. 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.

K. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

L. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

M. 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.

N. 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.

O. 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

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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.

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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

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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

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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

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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 Two 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.

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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.

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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.

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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: Chris Marcarello Attn: Enrique Garza
City of Covina Dunwright Painting and Coatings
125 E. College Street 4792 Templeton Street
Covina, California 91723 Los Angeles, CA 90032

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.

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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

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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: Contractor:

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City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Dunwright Painting and Coatings
a Sole Propritetorship
By:

Name:

Title:

By:

Name:

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

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EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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4792 Templeton street Los Angeles Ca. 90032
Contact#:213-454-3762/fax#:323-410-0443
Interior paint proposal
Date: April 1, 2025
Job name: Interior painting of 2 story building and rear building Job address: 401 N. Citrus Ave. Covina Ca. 91723
Proposal submitted to: Brian Lee / City of Covina
We submit specifications and estimate for:

Main building Interior:
● Dust down all walls prior to application of primer coat ● After primer application repair any minor imperfections in drywall/patching ● Primer coat complete All drywall interior walls with PVA primer sealer Including top floor main open space. Ground floor open space new drywall. Walls only or otherwise directed
● Apply two coats of paint finish to all interior new drywall at ground floor main open space. Expose ceiling painting to be determined by Customer ● Paint finish and color to be Specified by Customer
● All coats of paint to be Spray and back roll application Cost : $14,000.00
Stairwell and small elevator lobby: new drywall and metal handrails ● Dust down all walls prior to application of primer coat ● After primer application repair any minor imperfections in drywall/patching ● Primer coat complete All drywall interior walls with PVA primer sealer Including top floor main open space. Ground floor open space new drywall. Walls only or otherwise directed
● Apply two coats of paint finish to all interior new drywall at ground floor main open space. Expose ceiling painting to be determined by Customer ● Paint finish and color to be Specified by Customer

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Payment is to be made as follows:
50% deposit
50% upon completion
Authorized name: ____________________________________
Authorized signature: _________________________________ Acceptance Proposal
The above prices, specifications, and conditions are satisfactory and are accepted. You are authorized to do the work as specified. Payment will be made as outlined above Date of acceptance: _______________

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Dunwright Painting Authorized personal signature: _____________________ Customer signature: ___________________________________________

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EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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1 12923/0001/1924106-1

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF COVINA AND

DUNWRIGHT PAINTING AND COATINGS
401 N. CITRUS AVENUE
THIS FIRST AMENDMENT is made and entered into as of September 16, 2025 by and between the City of Covina, a California municipal corporation (hereinafter referred to as “City”), and Dunwright Painting and Coatings, a sole proprietor (“Contractor”) (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This First Amendment is made with the respect to the following facts and purposes:
a. On May 6, 2025, the City and Contractor entered into that certain Minor Construction Agreement for interior surface preparation, priming, and painting for a two-story building and one-story building located at 401 N. Citrus Avenue in an amount not to exceed Twenty Eight Thousand Dollars ($28,000).
b. The parties now desire to add additional interior painting items to the scope of work and thus increase the not to exceed compensation in the amount of Thirteen Thousand Dollars ($13,000) for a new total agreement amount not to exceed Forty-One Thousand Dollars ($41,000) and to amend the Agreement as set forth in this Amendment.

2. Paragraph A of Section 2 of the Agreement entitled “COMPENSATION” is hereby amended to read as follows:

A. Compensation. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum not to exceed Forty-One Thousand Dollars ($41,000) 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.

3. Exhibit A to the Agreement is hereby replaced by adding thereto the items set forth on Attachment “A” to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

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

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

ATTACHMENT B

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2 12923/0001/1924106-1
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
APPROVED AS TO FORM:

By:

Name: Kevin G. Ennis
Title: City Attorney
Consultant:

Dunwright Painting and Coatings,
a Sole Proprietorship
By:

Name:

Title:

By:

Name:

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3 12923/0001/1924106-1

ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor.

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● All coats of paint to be Spray and back roll application ● Sand and clean all metal hand rails, landings and underneath metal of new stairs ● Primer coat application of protec metal primer to all metal via sprayer ● Apply 2 coat of pro industrial metal paint finish to all metal hand rails, landings and underneath metal of new stairs
Cost : $7,000.00
Rear building Interior painting :
● Dust down all walls prior to application of primer coat ● After primer application repair any minor imperfections and drywall/patch ● Apply primer coat complete all drywall interior walls with PVA primer sealer ● Includes open area and rear additional room
● Apply two coats of paint finish to all interior new drywall ● Paint finish and color to be specified by Customer
● All coats of paint to be Spray and back row application ● This price includes drywall only if ceiling to be painted that would be an additional cost that would need lacquer based primer to cover wood knots Cost: $5,500.00
Ceiling painting at interior of 2 story Building
● Prep and metal prime coat complete ceiling at 1st and 2nd floor ceilings ● Apply flat interior black paint to exposed ceiling
Cost : $ 4,600.00 for both 1st and 2nd floor
Ceiling prime and paint at rear building ceiling
● Apply primer coat to exposed ceiling complete
● Apply 2 coats of interior flat black paint to exposed ceiling Cost: $3,600.00
Pony walls
● apply 2 coats of interior drywall primer
● Apply 2 coats of interior wall paint
Cost $3,200.00 total
We propose to furnish labor, sundries and materials - complete in accordance with the above specifications, for the sum of:

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$37,900.00 total.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: September 16, 2025
Title: Resolution CC 2025-105, Nominating Azusa Mayor Robert Gonzales to Represent Cities with Prescriptive Water Pumping Rights as a Member on the Board of the San Gabriel Basin Water Quality Authority
Presented by: Fabian Velez, Chief Deputy City Clerk
Recommendation: Adopt Resolution CC 2025-105, nominating Azusa Mayor Robert Gonzales to represent Cities with Prescriptive Water Pumping Rights on the Board of the San Gabriel Basin Water Quality Authority.

EXECUTIVE SUMMARY:

The San Gabriel Basin Water Quality Authority (“WQA”) was established by the State Legislature (SB 1679) on February 11, 1993, to develop, finance and implement groundwater treatment programs in the San Gabriel Valley.

The WQA is under the direction of a 7-member board, with one member representing each of the overlying municipal water districts, one member from a City with prescriptive water pumping rights, one member from a City without prescriptive water pumping rights and two members representing water producers in the San Gabriel Valley. The cities with prescriptive water pumping rights include Alhambra, Arcadia, Azusa, Covina, El Monte, Glendora, Industry, Irwindale, Monterey Park, Monrovia, South Pasadena and Whittier. The nomination period runs from September 18, 2025 through October 18, 2025.

BACKGROUND:

The WQA nomination period for directors runs from September 18, 2025 through October 18, 2025. As a City with prescriptive water pumping rights, the City Council may choose to nominate a City Councilmember from one of the listed cities to serve in this role.

The term of board member and alternate representing cities with pumping rights will expire January 1, 2026. The position of board member is currently held by Mayor Robert Gonzalez from the City of Azusa. An election for this seat will take place on December 17, 2025 at 12: 00 p.m. at the WQA administrative office. Cities may nominate a member of City Council as a candidate, from their city or another city with prescriptive water pumping rights by resolution and send it in to the WQA before October 2018, 2025. Each city may only nominate one candidate from the following eligible cities with prescriptive water pumping rights: Alhambra, Arcadia, Azusa, Covina, El Monte, Glendora, Industry, Irwindale, Monterey Park, Monrovia, South Pasadena, and Whittier.

Nominations will then be collected and voted on at the meeting of December 17, 2025.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

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Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2025-105

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

CALIFORNIA, NOMINATING AZUSA MAYOR ROBERT GONZALES,

TO REPRESENT CITIES WITH PRESCRIPTIVE WATER PUMPING

RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER

QUALITY AUTHORITY
WHEREAS, the San Gabriel Basin Water Quality Authority ("WQA") is governed by a Board of Directors composed of seven (7) members, one of which is elected by cities with pumping rights in the San Gabriel groundwater basin; and
WHEREAS, under authority of § 508 of the WQA Act, the WQA Board of Directors has called for nominations for the purpose of filling the member representing cities with pumping rights; and
WHEREAS, the City of Covina is one of the cities in the San Gabriel Basin with pumping rights, entitled to nominate and vote for a member representing cities with pumping rights; and WHEREAS, the City of Covina may, by resolution submitted to the San Gabriel Basin Water Quality Authority before October 18, 2025, nominate a candidate for the office of member representing cities with pumping rights.

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

SECTION 1. The City Council of the City of Covina nominates Azusa Mayor Robert Gonzales, an elected member of the City Council of Azusa, as a candidate for the office of member of the San Gabriel Basin Water Quality Authority representing cities with pumping rights.

APPROVED and PASSED this 16th day of September, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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Resolution CC 2025-105 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-105 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of September, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: September 16, 2025
Title: Budget Amendment Resolution for the Purchase of Window Coverings for the Covina Senior and Community Center
Presented by: Lisa Evans, Director of Parks & Recreation and Library Services Recommendation: Adopt Resolution CC 2025-106 for the purchase of window coverings for the Covina Senior and Community Center.

EXECUTIVE SUMMARY:

The Budget Amendment Resolution being proposed has no impact on the General Fund. The purchase will be covered by existing donation funds.

DISCUSSION:

The Covina Senior and Community Center opened in July 2019. While the building’s expansive windows are visually appealing, they have created issues with heat and glare from the east facing and south facing windows.

Staff is proposing to purchase blinds for these windows to increase the buildings’ energy efficiency and create a more comfortable environment for staff and visitors.

FISCAL IMPACT:

Existing donation funds balances are adequate for this purchase in the Grandmothers Club Donation ($2,007.60) & Senior Fundraising Donations ($6,272.31) funds as detailed in the attached Resolution. There is no General Fund impact.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2025-106

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

CALIFORNIA, AMENDING THE PARKS & RECREATION AND
LIBRARY SERVICES DEPARTMENT FISCAL YEAR 2025-2026

OPERATING BUDGET TO INCREASE THE EXPENDITURE

ALLOCATION FOR THE PURCHASE OF NEW WINDOW COVERINGS

FOR THE COVINA SENIOR AND COMMUNITY CENTER UTILIZING
EXISTING RESTRICTED DONATION MONIES.

WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025-2026 Operating Budget was approved on May 6, 2025; and
WHEREAS, the approved Fiscal Year 2025-2026 Operating Budget is in accordance with all applicable ordinances of the City and statutes of the State; and WHERAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council; and
WHERAS the Covina Senior and Community Center building is used on a daily basis for programming that serves the entire community and is also a popular rental space for gatherings and events; and
WHEREAS, window coverings were not installed when the building was originally constructed, but are necessary to increase the efficiency of the HVAC system and improve visitors’ enjoyment of the space; and
WHEREAS, funds are available in both the Senior Fundraising and Senior Grandmothers Club restricted donation accounts, and therefore not impacting the General Fund.

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

SECTION 1. Amend the Fiscal Year 2025-2026 Operating Budget as follows:

Account Number Account Title
Adopted
Budget
Increase Amended Budget
2968 3500 54990 General Supplies - $6,272.31 $6,272.31
2969 3500 54990 General Supplies - $2,007.60 $2,007.60
SECTION 2. This resolution shall take effect immediately upon adoption.

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Resolution CC 2025-106 Page 2 of 2
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 16
th day of September, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-106 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16
th day of September, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: September 16, 2025
Title: Introduction of Ordinance 25-12 Amending Chapters 9.54 and 9.48 of Title 9 of the City of Covina Municipal Code
Presented by: Ric Walczak, Chief of Police
Recommendation: Waive full reading and introduce Ordinance 25-12 entitled, "An Ordinance of the City Council of the City of Covina, California, Amending Chapters 9.54 and 9.48 of Title 9 of the City of Covina Municipal Code to Prohibit Unlawful Camping and Storage of Private Property in Public Areas, Making Related Updates to the Code, and Making Finding of Exemption under the California Environmental Quality Act." EXECUTIVE SUMMARY:

In summer 2024, the U.S. Supreme Court (“Court”) issued a ruling in Grants Pass v. Johnson, informing how local agencies can regulate the time, place and manner of public sleeping pursuant to the power to enact regulations in the interest of public safety, health, welfare or convenience. Following the Court’s decision in this case, Governor Newsom issued Executive Order N-1-21 (“Order”), directing State agencies to adopt policies to address encampments on State property. Further, the Order explains that “Local Governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health and safety of those in and around them”.

Accordingly, the City Council will consider amending the City’s Municipal Code pertaining to unlawful camping and encampments to align with the Court’s ruling in Grants Pass v. Johnson and Executive Order N-1-24 issued by Governor Newsom. Such amendments would expand the prohibition on camping and storage of bulky items/personal property to include all public spaces in the City.

DISCUSSION:

The United States Supreme Court’s decision in Grants Pass v. Johnson informed cities on how they may regulate unlawful camping and encampments on public property. This marked a departure from the earlier Martin v. Boise ruling by the Ninth Circuit Appeals Court, which held that cities could not enforce anti-camping ordinances if cities were unable to offer adequate shelter options and services to unhoused individuals.

Following the Court’s ruling, in summer 2024 Governor Gavin Newsom issued Executive Order N-1-24, titled Model Ordinance: Addressing Encampments with Urgency and Dignity. The order directed State agencies to address unlawful camping and homeless encampments in a manner that prioritizes public safety while upholding the dignity and well-being of unhoused Californians. Further, local governments are encouraged to adopt policies consistent with the Order to humanely remove encampments from public spaces and take steps to preserve the life, health and safety of those in and around them.

The City of Covina and Covina Police Department are committed to providing the highest level of policing services to the community. The Covina Police Department is also committed to treating all citizens with dignity and respect. Individuals experiencing homelessness frequently struggle with substance abuse and mental health disorders, conditions that often lead to recurring contact with law enforcement. These interactions can range from

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routine welfare checks to responses involving crimes of violence. Additionally, homeless populations account for a disproportionately high volume of calls for service, placing a significant burden on public safety resources.

Balancing the need for outreach and enforcement has proven to be difficult as acknowledged by the United States Supreme Court’s decision in City of Grants Pass v. Johnson which acknowledged, “the causes of homelessness are many and varied and that cities should have the ability to use a variety tools to address its challenges, including the ability to criminally enforce where other less punitive efforts have failed.” As part of its comprehensive effort to assist the unhoused population in the City, the Covina Police Department has partnered with the following outreach programs:
 San Gabriel Valley Council of Governments (SGVCOG)
 ESG-HALO East San Gabriel Valley Homeless Assistance Liaison Officer  HOST- Homeless Outreach Service Teams
 Los Angeles County Department of Mental Health (M.E.T.)  Los Angeles Centers for Alcohol and Drugs Abuse (LACADA) The purpose of the proposed ordinance is to regulate the use of public spaces to maintain public health, safety and public order. Municipal camping ordinances aim to maintain public safety by preventing potential hazards associated with unlawful camping and homeless encampments in public spaces, such as fires, accidents, criminal activity and the improper disposal of waste. Further, these measures will help to preserve public spaces for their intended use, including the safe accessibility of public sidewalks, public parks, City facilities and other recreational areas.

FISCAL IMPACT:

No impact to the general fund for amending the municipal code. However, increased enforcement of these amended municipal code by police and city staff may increase personnel/overtime cost.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
ORDINANCE 25-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING CHAPTERS 9.54 AND 9.48 OF TITLE 9 OF

THE CITY OF COVINA MUNICIPAL CODE TO PROHIBIT UNLAWFUL

CAMPING AND STORAGE OF PRIVATE PROPERTY IN PUBLIC

AREAS, MAKING RELATED UPDATES TO THE CODE, AND MAKING

A FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Covina owns and maintains public property and a system of public parks, sidewalks and rights of way and has the authority to establish rules and restrictions over the use of these public spaces; and
WHEREAS, it is the City’s obligation to keep its public buildings, public parks, sidewalks, and rights of way clean and available for public use, and to protect the public health, safety, and access of its constituents; and
WHEREAS, camping and the unauthorized use of public areas for the storage of personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects public facilities. The purpose of this Ordinance is to maintain public areas in a clean, sanitary and accessible condition, to prevent harm to the health or safety of the public, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses.

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

SECTION 1. Chapter 9.54 (Prohibited Conduct) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby renamed to read as follows:
“Chapter 9.54 Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas.”
SECTION 2. Section 9.54.010 (Disorderly Conduct) of Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby renumbered as Section 9.54.020.

SECTION 3. A new Section 9.54.010 Definitions) is added to Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code to read as follows:
“§ 9.54.010. Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

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ATTACHMENT A
A. “Abandoned personal property” means personal property that the owner abandons, surrenders, relinquishes, or disclaims. Personal property that is not claimed during the time period set forth in this chapter is considered abandoned.

B. “Administrative procedure” means the city’s administrative procedures for the removal, temporary storage, and retrieval of personal property.

C. “Bulky item” means any item that is separately or cumulatively too heavy or large to fit in one 60-gallon trash container with the lid closed or otherwise store, including, but not limited to, a mattress, shed, couch, chair, other furniture item, appliance. The following items shall not constitute a bulky item: a portable, collapsible picnic chair or table, bicycle or any item specifically excluded from this definition by city council resolution.

D. “Camp” means the use of a public area for living accommodations or habitation purposes, including but not limited to the presence of camp facilities or camp paraphernalia, or storage of personal belongings indicative of overnight stays. “Camp” includes use of a vehicle that reasonably appears as a place of human habitation in light of all the circumstances. “Camp” does not include boarding, disembarking, or waiting for a bus.

E. “Camp facilities” mean all temporary or semi-permanent shelters, including, but not limited to, tents, tarpaulins, huts, sheds, or structures, for the purposes of human habitation or sheltering one or more persons.

F. “Camp paraphernalia” means items including, but not limited to, cots, air mattresses, sleeping bags, covers, beds, hammocks, bed rolls, blankets, or any similar bedding equipment or materials for the purpose of sleeping, lying, or sheltering one or more persons. “Camp paraphernalia” also includes open fires, barbecues, portable stoves or other cooking equipment.

G. “Park” means a public park, reservation, playground, recreation center or any other area in the city, owned, managed, used or controlled by the city, and devoted to active or passive recreation or open space use. “Park” shall include the entire site of the park, including, without limitation, all structures thereon, any parking lots, and any public sidewalk adjacent to the park site.

H. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

I. “ Personal belongings” include: (i) items of apparent value of $50 or more; and (ii) items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID's, bank statements, and legal papers), backpacks, containers, and operational bicycles, scooters, and strollers.

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ATTACHMENT A
J. “Personal property” means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication and household items.

K. “Public area” means any public place located within the city, including but not limited to property owned and controlled by the city, property owned by other public entities, and other areas as designated by the city manager. Public areas include streets, alleys, plazas, parks, sidewalks, buildings, facilities, sidewalks, right-of-ways, parking lots, vacant lots, bike paths, trails, bus stops, bus shelter depots, bus stop benches, and other publicly-owned property for which the City owns or is authorized by contract or permit to maintain.

L. “Soiled item” means any hazardous, toxic, unsanitary, verminous, or perishable item; item soiled by human waste, bodily fluids, or other infectious materials; or item infested by rodents or insects, that would present a health or safety risk if stored.

M. “Store,” “stored” or “storing” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.” N. “Unsafe items” include, but are not limited to, (i) Toxic sharps: needles, scissors, knives; (ii) Chemicals: bleach, paint, oils, etc; (iii) Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids; (iv) Moldy, mildewed items; (v) Items that may be infested by rodents and insects:
rats, mice, fleas, lice, bed bugs; (vi) Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids.”
SECTION 4. Section 9.54.020 (Loitering) of Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby renumbered as Section 9.54.030 and amended to read as follows:
“§ 9.54.030. Loitering and obstruction of free passage in public areas.

No person shall loiter or stand linger, idle, camp, or sit in or at the entrance of any hall, theater, church, business establishment, private or public parking area which is open to the public, or place of public assemblage so as to in any manner obstruct such entrance. No person shall loiter or stand outside of a motor vehicle or in a private or public parking area which is open to the public between 10:00 p.m. and 8:00 a.m. the next morning. No person shall urinate or defecate in any public area which is not designed for such act, whether or not in public view. No person in violation of this section, shall, fail to disperse, when directed to do so by a police officer or city employee.

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ATTACHMENT A
SECTION 5. Existing Section 9.54.030 (Disturbing the peace prohibited) of Chapter 9.54 (Prohibited Conduct and Unlawful Storage or Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby renumbered as Section

9.54.040 and amended to read as follows:
“§ 9.54.040. Disturbing the peace prohibited.

Every person who shall, in the frequented streets of the city, pursue any amusements calculated to impede travel, or frighten animals or persons, or injure or endanger any property or person, or who shall be found loitering or strolling about in a manner tending to produce disturbance, mischief or crime, or who shall, by loud noise or offensive behavior, disturb the peace or quiet of any community, assembly, meeting or congregation, or who shall, by throwing stones or missiles or other objects, or by striking or threatening to assault, disturb or annoy any person, or who shall enter or remain upon any parking lot, shopping center property, drive-in property, or any other public area or place open to the public, without the implied or express consent of the owner, his agent or person in lawful possession thereof, is guilty of a misdemeanor.”
SECTION 6. Existing Section 9.54.040 (Prohibition on carrying or possessing specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly) of Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby renumbered as Section 9.54.050.

SECTION 7. Section 9.54.060 (Unlawful camping) is hereby added to Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code to read as follows:
“§ 9.54.060 Unlawful Camping.

A. A person shall not camp, sleep, lay down, shelter, kindle open fires, or otherwise occupy camp facilities or use camp paraphernalia in any public area.

B. It is unlawful to use a mobile vehicle in a public area as a dwelling or place of residence. Whether the vehicle is being used for human habitation shall be determined in light of all surrounding circumstances, including but not limited to, the use of camp paraphernalia that is not associated with ordinary vehicle use, obscuring the vehicle’s windows, or preparing meals or sleeping inside the vehicle.” SECTION 8. Section 9.54.070 (Unlawful storage of personal property in public areas) is hereby added to Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code to read as follows:
“§ 9.54.070 Unlawful storage of personal property in public areas.

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ATTACHMENT A
A. It is unlawful to leave unattended or store any personal property, including camp facilities or camp paraphernalia or bulky items in any public area. No person shall fail to remove personal property stored in public areas pursuant to the city’s written notice.

B. Removal of Stored Personal Property. The city may remove, impound, and discard unlawfully stored personal property, including tents, other camp facilities or paraphernalia or bulky items, in accordance with the procedures outlined in this subsection.

1. Pre-Removal Notice. If a city employee or agent determines that personal property is being stored in a public area, prior written notice of the city’s removal of the item shall be served upon the owner at their last known address by personal service or certified mail, or posted prominently and conspicuously on the stored personal property. The pre-removal notice shall contain the following:
a. A general description or reference photograph of the personal property; b. The location where the personal property was found;
c. The date and time when the notice was posted;
d. The violated section of the Covina Municipal Code;
e. A statement that the city will impound personal property that is not removed within forty-eight (48) hours;
f. The location where the personal property will be moved to and stored if it is not removed within forty-eight (48) hours;
g. A statement that impounded personal property will constitute abandoned personal property, subject to disposition in a manner deemed appropriate by the city manager or designee, if not claimed within ninety (90) days after impoundment; and
h. A notice that the city may sell, donate, or otherwise dispose of the impounded personal property if not claimed within the prescribed time period.

The pre-removal notice may also include additional information, including information regarding available shelter and supportive services.

2. Post-Removal Notice. Following removal of personal property, the city shall leave or post a notice for a minimum of ten (10) days at or as near as possible to the location where the personal property was collected, or on the city’s

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ATTACHMENT A
website if the city cannot post a notice. This notice shall include the following information:
a. A general description of the personal property that was removed; b. The date and approximate time the personal property was removed; c. A statement that the item was removed because it was unlawfully stored in violation of the Covina Municipal Code;
d. The address where the personal property is being stored; e. The process by which the personal property owner may repossess the item, including contact information for the storage location and hours a person may claim ownership; and
f. The date on which abandoned personal property will be disposed if not claimed within ninety (90) days.

3. The city shall only be required to store personal property that constitute personal belongings.

4. The city will not store bulky items, soiled items, contraband, or any other unsafe items.

5. Nothing in this section shall prevent the city from immediately addressing public health or safety hazards, including fire risks, unsanitary conditions, or obstructions to public rights-of-way. To that end, the city may remove and discard personal property placed in in a public area that poses an immediate threat to the health or safety of the public, such as soiled or unsafe items, without prior notice as required under subsection B.1. The city may also waive the pre-removal notice provision set forth under subsection B.1 to remove personal property that restricts emergency response personnel and vehicle access or otherwise obstructs free passage in public areas as necessary to protect public health, safety, or welfare.”
Section 9. Section 9.54.080 (Exceptions) is hereby added to Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code to read as follows:
“9.54.080 Exceptions.

This chapter shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the city:

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ATTACHMENT A
A. Where the city has designated the public area for such purposes and the activity has been permitted as a temporary use not to exceed twenty-four (24) hours if the requestor has an unusual, emergency need and the use would not unduly impact public health or safety;
B. Where the city has designated the public area for a permitted special event or otherwise authorized the use of camp facilities or paraphernalia in public areas with adequate facilities to support such activates; or
C. Where a gathering, meeting or event is sponsored or conducted by the city.” SECTION 10. Section 9.54.090 (Enforcement) is hereby added to Chapter 9.54 (Prohibited Conduct and Unlawful Storage of Property and Camping in Public Areas) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code to read as follows:
“§ 9.54.090 Enforcement.

A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapters 1.16 of the Covina Municipal Code.

B. Any person who violates any provision of this chapter may be issued an administrative citation subject to Chapter 1.26 of the Covina Municipal Code, in addition to any other available penalty provisions or enforcement mechanisms at the discretion of the city.

C. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.40 of the Covina Municipal Code.

D. A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the city manager, chief of police, or designee thereof, on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued or permitted.” SECTION 11. Section 9.48.010 (Definitions) of Chapter 9.48 (Conduct in Parks) is amended to add a new definitions for “public area” as paragraph “H”, to read as set forth below, with the rest of the section remaining unchanged except that definitionsfor the terms “Roller skate” through “Other wheeled recreational device” shall be listed alphabetically in paragraphs “I” through “M” respectively:
“H. “Public area” means the same as defined as CMC Section 9.54.010.” SECTION 12. Section 9.48.227 (Free passage shall not be obstructed or hindered) of Chapter 9.48 (Conduct in Parks) of Title 9 (Public Peace, Morals and Safety) of the Covina

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ATTACHMENT A
Municipal Code is hereby amended to read as follows:
“§ 9.48.227. Free passage shall not be obstructed or hindered.

A. No person or persons shall stand, sit, linger, idle, or loiter on or at the entrance or exit of any street, alley, sidewalk, park or other public area, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment or public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public area.

B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or city employee.” SECTION 13. Section 9.48.228 (Bulky items, tents and storage of personal property in parks) of Chapter 9.48 (Conduct in Parks) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby amended to read as follows:
“§ 9.48.228. Bulky items, tents and storage of personal property in parks.

Subject to CMC § 9.54070, it is unlawful to leave unattended or store any personal property, including camp facilities or camp paraphernalia or bulky items in any public area.”
SECTION 14. Section 9.48.230 (Overnight camping) of Chapter 9.48 (Conduct in Parks) of Title 9 (Public Peace, Morals and Safety) of the Covina Municipal Code is hereby amended to read as follows:
“§ 9.48.230. Overnight camping.

A person shall not camp or sleep overnight in any park, except when authorized by the director. Unlawful camping in public areas, including parks, is prohibited pursuant to CMC § 9.54.060.”
SECTION 15. CEQA. The City Council, based on its own independent judgment, determines that the adoption of this Ordinance is exempt from environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) as CEQA applies only to projects that have the potential for causing a significant effect on the environment, and not where, as is the case here, it can be seen with certainty that there is no possibility that the regulated activity may have a significant effect on the environment. The Ordinance is also an effort directed to improve public health and safety and is thus exempt from CEQA as an action taken by the City to assure the maintenance, restoration, or enhancement of a natural resource and/or the environment pursuant to CEQA Guidelines Sections 15307, 15308.

SECTION 16. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.

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ATTACHMENT A
SECTION 17. 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 18. 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 19. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.

SECTION 20. 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 21. 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

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ATTACHMENT A

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 25-12 was introduced for first reading at a regular 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

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Covina City CouncilSeptember 16, 2025

Covina City Council
September 16, 2025