Agenda packet, regular meeting — West Covina City Council, January 17, 2023 (part 1 of 2)

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
JANUARY 17, 2023, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Rosario Diaz
Mayor Pro Tem Brian Tabatabai
Councilman Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers

AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting.

AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours.

NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.

PUBLIC COMMENTS

ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk.

Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker.

Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded.

Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.

RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda.

AGENDA
AGENDA

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY JANUARY 17, 2023, 7:00 PM

REGULAR MEETING

INVOCATION
Led by Pastor Kelly Dupee from Faith Community Church

PLEDGE OF ALLEGIANCE
Led by Councilman Wu

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Certificate of Recognition Congratulating Fire Captain Hamm on his Retirement ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.

CITY MANAGER'S REPORT
City Manager's report on current City projects.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote.

There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE DECEMBER 20, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

It is recommended that the City Council approve the December 20, 2022 Regular Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF RESOLUTION NO. 2023-4 DETERMINING THERE IS A NEED TO

CONTINUE THE LOCAL EMERGENCY
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2022-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020, AND PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5, 2020, JUNE 2, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16, 2021, APRIL 6, 2021, MAY 4, 2021, JUNE 1, 2021, JUNE 15, 2021, JULY 6, 2021, JULY 20, 2021, AUGUST 17, 2021, SEPTEMBER 7, 2021, OCTOBER 5, 2021, NOVEMBER 2, 2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY 1, 2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022, JUNE 7, 2022. JULY 5, 2022, JULY 19, 2022, AUGUST 16, 2022, SEPTEMBER 20, 2022 , OCTOBER 4, 2022, NOVEMBER 15, 2022 AND DECEMBER 6, 2022 3) CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 2 OF THE

WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2510 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VIII OF CHAPTER 2 OF THE

WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE

REGULATIONS
4) CONSIDERATION OF RESOLUTION NO. 2023-5 RATIFYING PROCLAMATION NO. 2023-01 PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO

SEVERE WINTER STORMS
Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. 2023-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RATIFYING PROCLAMATION NO. 2023-1

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO

SEVERE WINTER STORMS

COMMUNITY DEVELOPMENT
5) CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY SERVICES WITH TRANSTECH ENGINEERS, INC.

It is recommended that the City Council:

Award Request for Proposals No. 71-020 for Building and Safety Services to Transtech Engineers, Inc.

1. Authorize the City Manager to execute a Professional Services Agreement with Transtech Engineers, Inc. for Building and Safety services for a three-year term, commencing January 18, 2023 and ending January 17, 2026, with two optional one-year extensions contingent upon satisfactory performance, in substantially the form as attached and in such final form as approved by the City Attorney;

2. Authorize the City Manager to approve any extensions and execute amendments providing for such extensions.

3. 6) CONSIDERATION OF CONSTRUCTION AGREEMENT FOR THE CITYWIDE PEDESTRIAN & VEHICLE TRAFFIC SAFETY IMPROVEMENTS FY 22-23 - PROJECT NO. 23027 It is recommended that the City Council take the following actions:

Award the construction agreement for the Citywide Pedestrian & Vehicle Traffic Safety Improvements (Project No. 23027) to Superior Pavement Markings, Inc. as the lowest responsible bidder;

1. Authorize the City Manager to execute an agreement with Superior Pavement Markings, Inc. for $232,916.00, in substantially the form as attached and in such final form as approved by the City Attorney;

2. Authorize 15% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

3. necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute any amendments to the agreement; Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).

5. FINANCE DEPARTMENT
7) CONSIDERATION OF ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AND OTHER RELATED REPORTS FOR THE YEAR ENDED JUNE 30, 2022
It is recommended that the City Council receive and file the following letters and financial reports for the year ended June 30, 2022:

Annual Comprehensive Financial Report;
Government Auditing Standards Letter;
Audit Communication Letter; and
Community Financial Report.
8) CONSIDERATION OF UPGRADE TO MICROWAVE SYSTEM INFRASTRUCTURE It is recommended that the City Council:

Authorize the City Manager to issue a Purchase Order in the amount of $1,017,589.00 to Microwave Networks Inc. to upgrade the City's microwave infrastructure;

1. Authorize the City Manager to execute any agreements and documents necessary to upgrade the City's microwave infrastructure, in such form as approved by the City Attorney; and

2. Authorize the City Manager to execute any amendments to the Purchase Order or any agreements entered into in connection with the upgrade of the microwave infrastructure, provided that the total cost for the upgrade does not exceed $1,100,000.00.

3. 9) CONSIDERATION OF A RESOLUTION AMENDING THE FY 2022-2023 BUDGET It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2023-3 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (MID-YEAR ADJUSTMENTS)

HUMAN RESOURCES/RISK MANAGEMENT
10) CONSIDERATION OF RESOLUTION APPOINTING THE CITY OF WEST COVINA’S

PRIMARY REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE BIG

INDEPENDENT CITIES EXCESS POOL (BICEP) BOARD OF DIRECTORS It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2023-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPOINTING A PRIMARY REPRESENTATIVE

AND AN ALTERNATE REPRESENTATIVE TO THE BIG INDEPENDENT CITIES

EXCESS POOL (BICEP) BOARD OF DIRECTORS

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS

POLICE DEPARTMENT

POLICE DEPARTMENT
11) West Covina Police Department Detective Bureau Status Update It is recommended that the City Council receive and file this informational report.

MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.)

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting February 7, 2023 7:00 PM

RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:

Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn.

Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. a.
b. The city council may establish a limit on the duration of oral communications.

All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. c.

The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
d.

Sec. 2-50. Decorum--Required.

While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. a.

Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting.

For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law:
a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.

From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. e.

As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. f.
b.

If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

Sec. 2-52. Persons authorized to be within council area.

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.

AGENDA ITEM NO. 1

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 17, 2023
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF THE DECEMBER 20, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

RECOMMENDATION:

It is recommended that the City Council approve the December 20, 2022 Regular Session Meeting Minutes.

BACKGROUND:

The December 20, 2022, City Council/Successor Agency Closed Session Meeting was canceled.

DISCUSSION:

That the City Council adopt the attached minutes.

Prepared by: Lisa Sherrick; Assistant City Clerk
Attachments
Attachment No. 1 - 12/20/2022 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness 12/20/2022 Regular Session Minutes Draft Attachment No. 1 Page No. 1

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
DECEMBER 20, 2022, 7:00 PM

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Dario Castellanos
Mayor Pro Tem Rosario Diaz
Councilwoman Letty Lopez-Viado
Councilmember Brian Tabatabai
Councilman Tony Wu

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Dario Castellanos on Tuesday, December 20, 2022 at 7:00 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California

INVOCATION
Led by Pastor Samuel Martinez from Amazing Love Ministries

PLEDGE OF ALLEGIANCE
Led by West Covina Police Explorer Post #499

ROLL CALL

Present: Council Members Tony Wu, Brian Tabatabai, Letty Lopez-Viado, Mayor Pro Tem Diaz, Mayor Castellanos.

Council Members

Absent: None
12/20/2022 Regular Session Minutes Draft Attachment No. 1 Page No. 2
City Staff: David Carmany City Manager, Paulina Morales Assistant City Manager, Tom Duarte City Attorney, Lisa Sherrick Assistant City Clerk; other City staff presented reports and responded to questions as indicated in the minutes.

REPORTING OUT FROM CLOSED SESSION
None

PRESENTATIONS
None
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Lloyd Johnson
Steve Bennett
Ethan Boulais
Bill Robinson
Victor Orly
Rose Lopez

CITY MANAGER'S REPORT
None

CONSENT CALENDAR
ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez 5-0 to: Approve Consent Calendar Items 1-6

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE DECEMBER 6, 2022, CITY

COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE DECEMBER 6, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

Carried 5-0 to: approve the December 6, 2022, Closed Session Meeting Minutes and the December 6, 2022 Regular Session Meeting Minutes.

CITY CLERK'S OFFICE
2) CERTIFYING THE OFFICIAL ELECTION RESULTS OF THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION
Carried 5-0 to: adopt the following resolution:

RESOLUTION NO. 2022-120 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022, DECLARING

THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
12/20/2022 Regular Session Minutes Draft Attachment No. 1 Page No. 3

FINANCE DEPARTMENT
3) CONSIDERATION OF APPROVAL AND TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 FOR THE SUCCESSOR

AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY
Carried 5-0: that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, adopt the following resolution:

RESOLUTION NO. 2022-129 – A RESOLUTION OF THE SUCCESSOR

AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY

APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN

ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION
PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024
4) CONSIDERATION OF INCREASE IN HOURLY RATES FOR LIMITED

SERVICES PAY SCHEDULE TO REFLECT RECENT INCREASE IN STATE HOURLY MINIMUM WAGE EFFECTIVE JANUARY 1, 2023
Carried 5-0 to: take the following actions:

1. Approve wage adjustments to limited-service positions to bring them into compliance with the State’s minimum wage requirement as of January 1, 2023; and

2. Adopt the following Resolution:

RESOLUTION NO. 2022-128 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE HOURLY PAY

RATES OF CLASSIFICATIONS WITHIN THE LIMITED SERVICES PAY SCHEDULE AND REPEALING RESOLUTION NO. 2022-09

HUMAN RESOURCES/RISK MANAGEMENT
5) CONSIDERATION OF RESOLUTION NO. 2022-113 REPEALING AND

REPLACING THE SALARY SCHEDULE FOR FULL TIME CLASSIFICATIONS Carried 5-0 to: adopt the following resolution:

RESOLUTION NO. 2022-113 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING

THE SALARY SCHEDULE FOR FULL-TIME CLASSIFICATIONS OF THE CITY

OF WEST COVINA

PUBLIC SERVICES
6) CONSIDERATION OF THIRD AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE MAINTENANCE

SERVICES
Carried 5-0 to: take the following actions:
12/20/2022 Regular Session Minutes Draft Attachment No. 1 Page No. 4

1. Authorize the City Manager to execute the Third Amendment to the Maintenance Services Agreement with West Coast Arborists, Inc. allowing the four percent (4%) cost adjustment requested, in such form as approved by the City Attorney.

2. Authorize an increase the annual maximum compensation from $485,000 to $985,000 for Fiscal Year 2022-23 only.

3. Adopt the following resolution:

RESOLUTION NO. 2022-115 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (TREE MAINTENANCE SERVICES)

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS

CITY CLERK'S OFFICE
7) RECOGNITION OF OUTGOING CITY COUNCIL MEMBER AND ADMINISTRATION

OF OATH OF OFFICE TO NEWLY ELECTED OFFICERS
Take appropriate action.
8) REORGANIZATION OF MAYOR AND MAYOR PRO TEM
Hearing no opposition, the City Council reorganized in accordance with the order of mayoral succession mandated by Section 2-21 of the West Covina Municipal Code, or modify the order of mayoral succession as permitted by Section 2-21 of the West Covina Municipal Code.

MAYOR/COUNCILMEMBERS REPORTS
Councilman Cantos filed a report concerning all his actions leading up to his election.

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION None

CITY COUNCIL COMMENTS
Councilwoman Lopez-Viado wished everyone Happy Holidays and a Happy New Year. -This section has Intentionally been left blank-
12/20/2022 Regular Session Minutes Draft Attachment No. 1 Page No. 5

ADJOURNMENT
The meeting was adjourned in honor of Mr. Robert Chandler. Our deepest condolences to his family. A motion to adjourn the Regular Meeting was made by Councilwoman Lopez-Viado, and the meeting was adjourned at 9:46 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday January 17, 2023 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.

Submitted by:
____________________________
Lisa Sherrick
Assistant City Clerk
_______________________________
Rosario Diaz
Mayor
AGENDA ITEM NO. 2

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 17, 2023
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO. 2023-4 DETERMINING THERE IS A NEED TO

CONTINUE THE LOCAL EMERGENCY
RECOMMENDATION:

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2022-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020, AND PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5, 2020, JUNE 2, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16, 2021, APRIL 6, 2021, MAY 4, 2021, JUNE 1, 2021, JUNE 15, 2021, JULY 6, 2021, JULY 20, 2021, AUGUST 17, 2021, SEPTEMBER 7, 2021, OCTOBER 5, 2021, NOVEMBER 2, 2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY 1, 2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022, JUNE 7, 2022. JULY 5, 2022, JULY 19, 2022, AUGUST 16, 2022, SEPTEMBER 20, 2022 , OCTOBER 4, 2022, NOVEMBER 15, 2022 AND DECEMBER 6, 2022 BACKGROUND:

On March 17, 2020, the City Council adopted Resolution 2020-19, ratifying Proclamation 2020-01 declaring the existence of a local emergency, which was issued by the City Manager acting in the capacity of Director of Emergency Services. The local emergency is due to the coronavirus (COVID-19) pandemic. Following adoption of the resolution, the City Council needs to review the need for continuing the local emergency at least once every thirty (30) days in accordance with Section 8-7(a)(2) of the West Covina Municipal Code (WCMC).

The City Council previously continued the local emergency on April 7, 2020, May 5, 2020, June 2, 2020, June 23, 2020, July 21, 2020, August 18, 2020, September 15, 2020, October 6, 2020, October 20, 2020, November 17, 2020, December 1, 2020, January 19, 2021, February 16, 2021, March 16, 2021, April 6, 2021, May 4, 2021, June 1, 2021, June 15, 2021, July 6, 2021, July 20, 2021, August 17, 2021, September 7, 2021, October 5, 2021, November 2, 2021, December 7, 2021, January 4, 2022, February 1, 2022, March 1, 2022, April 5, 2022, May 3, 2022, June 7, 2022, July, 5, 2022, July 19, 2022, August 16, 2022, September 20, 2022, October 18, 2022, November 15, 2022 and December 6, 2022.

DISCUSSION:

Since March 4, 2022 in Los Angeles County, masks have no longer been required in most indoor settings, but continue to be strongly recommended by the Los Angeles County Department of Public Health ("LA County Health Department"). Pursuant to a revised Health Officer Order issued September 22, 2022, masks are strongly recommended, but not required, on public transit and in indoor transportation hubs in Los Angeles County. Correctional facilities and detention centers, homeless shelters, emergency shelters and cooling centers are permitted to use the Centers for Disease Control and Prevention (CDC) COVID-19 Community Levels to determine the level of masking requirements within their facilities. Masks are still required for all persons, regardless of vaccination status, in all indoor healthcare settings.

On January 6, 2023, the LA County Health Department reported that Los Angeles County remains at the Medium Community Level on the CDC's COVID-19 framework.

The State of California remains in a State of Emergency. Los Angeles County's local emergency and public health emergency remain in effect.

Staff is requesting that the City Council determine there is a need to continue the local emergency.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form.

OPTIONS:

The options available to the City Council are as follows:

1. Adopt the resolution as submitted; or

2. Terminate the local emergency; or

3. Provide alternative direction.

Prepared by: David Carmany, City Manager
Attachments
Attachment No. 1 - Resolution No. 2023-4
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Maintain Good Intergovernmental Relations
Achieve Fiscal Sustainability and Financial Stability
RESOLUTION NO. 2023-4

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, DETERMINING THE NEED

TO FURTHER CONTINUE THE LOCAL EMERGENCY
PROCLAIMED ON MARCH 16, 2020 AND PREVIOUSLY
CONTINUED ON APRIL 7, 2020, MAY 5, 2020, JUNE 2,
2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020,
SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20,
2020, NOVEMBER 17, 2020, DECEMBER 1, 2020,
JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16,
2021, APRIL 6, 2021, MAY 4, 2021, JUNE 1, 2021, JUNE 15, 2021, JULY 6, 2021, JULY 20, 2021, AUGUST 17, 2021,
SEPTEMBER 7, 2021, OCTOBER 5, 2021, NOVEMBER 2,
2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY
1, 2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022,
JUNE 7, 2022, JULY 5, 2022, JULY 19, 2022, AUGUST 16,
2022, SEPTEMBER 20, 2022, OCTOBER 18, 2022,
NOVEMBER 15, 2022 AND DECEMBER 6, 2022
WHEREAS, the California Emergency Services Act (Government Code section 8550 et seq.) authorizes the City Council, or an official designated by ordinance adopted by the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, West Covina Municipal Code section 8-7(a)(1) empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, on March 16, 2020, the City Manager declared a local emergency as authorized by Government Code section 8630(a) and West Covina Municipal Code section 8-7(a)(1) through Proclamation No. 2020-01 due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020- 19, ratifying the City Manager’s proclamation as required by Government Code section 8630(b) and West Covina Municipal Code section 8-7(a)(1); and WHEREAS, Section 8-7(a)(2) of the West Covina Municipal Code empowers the City Manager to request that the City Council review the need for continuing the local emergency at least once every 30 days until the City Council terminates the local emergency; and
WHEREAS, at the time the City Council ratified the proclamation, the World Health Organization (WHO) reported, as of March 15, 2020, 153,517 confirmed cases of COVID- 19 globally, 5,735 of which resulted in death. On January 6, 2023, the WHO reported a total of 657,977,736 confirmed cases globally, 6,681,433 of which resulted in death; and WHEREAS, at the time the City Council ratified the proclamation, the California Department of Public Health (CDPH) reported that, as of March 15, 2020, there were 335 confirmed cases of COVID-19 in California, six (6) of which resulted in death. On January 5, 2023, CDPH reported that, as of January 3, 2023, there were a total of 10,934,798 confirmed cases in California, 98,038 of which resulted in death; and WHEREAS, at the time the City Council ratified the proclamation, the Los Angeles County Department of Public Health (“LA County Health Department”) reported that, as of March 15, 2020, Los Angeles County had 69 confirmed cases, including one (1) death and one (1) confirmed case at West Covina High School. On January 6, 2023, the LA County Health Department reported that, as of January 5, 2023, Los Angeles County had a total of 3,646,917 confirmed cases, 34,783 of which resulted in death; and WHEREAS, as of January 5, 2023, the LA County Health Department reported a total of 38,484 confirmed cases in the City of West Covina, 396 of which resulted in death; and
WHEREAS, on April 7, 2020, the City Council adopted Resolution No. 2020-22, determining there was a need to continue the local emergency and confirming the written orders and regulations promulgated by the City Manager; and WHEREAS, on May 5, 2020, the City Council adopted Resolution No. 2020-41, determining there was a need to continue the local emergency and confirming the written orders and regulations promulgated by the City Manager; and WHEREAS, on June 2, 2020, the City Council adopted Resolution No. 2020-45, determining there was a need to continue the local emergency; and WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-68, determining there was a need to continue the local emergency; and WHEREAS, on July 21, 2020, the City Council adopted Resolution No. 2020-85, determining there was a need to continue the local emergency; and WHEREAS, on August 18, 2020, the City Council adopted Resolution No. 2020- 91, determining there was a need to continue the local emergency and confirming a written order promulgated by the City Manager; and
WHEREAS, on September 15, 2020, the City Council adopted Resolution No. 2020-96, determining there was a need to continue the local emergency; and WHEREAS, on October 6, 2020, the City Council adopted Resolution No. 2020- 101, determining there was a need to continue the local emergency; and WHEREAS, on October 20, 2020, the City Council adopted Resolution No. 2020- 105, determining there was a need to continue the local emergency and clarifying the City Manager’s emergency powers; and
WHEREAS, on November 17, 2020, the City Council adopted Resolution No. 2020-116, determining there was a need to continue the local emergency; and WHEREAS, on December 1, 2020, the City Council adopted Resolution No. 2020- 118, determining there was a need to continue the local emergency and providing that, notwithstanding the requirements of West Covina Municipal Code section 8-7(a)(2), due to the City Council’s meeting schedule, the next regular meeting at which the City Council would consider the need to continue the local emergency would be January 19, 2021; and
WHEREAS, on January 19, 2021, the City Council adopted Resolution No. 2021- 01, determining there was a need to continue the local emergency; and WHEREAS, on February 16, 2021, the City Council adopted Resolution No. 2021- 12, determining there was a need to continue the local emergency; and WHEREAS, on March 16, 2021, the City Council adopted Resolution No. 2021- 17, determining there was a need to continue the local emergency; and WHEREAS, on April 6, 2021, the City Council adopted Resolution No. 2021-25, determining there was a need to continue the local emergency; and WHEREAS, on May 4, 2021, the City Council adopted Resolution No. 2021-49, determining there was a need to continue the local emergency; and WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 2021-65, determining there was a need to continue the local emergency; and WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 2021-72, determining there was a need to continue the local emergency; and WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 2021-76, determining there was a need to continue the local emergency; and WHEREAS, on July 20, 2021, the City Council adopted Resolution No. 2021-86, determining there was a need to continue the local emergency; and WHEREAS, on August 17, 2021, the City Council adopted Resolution No. 2021- 91, determining there was a need to continue the local emergency; and WHEREAS, on September 7, 2021, the City Council adopted Resolution No. 2021- 92, determining there was a need to continue the local emergency; and WHEREAS, on October 5, 2021, the City Council adopted Resolution No. 2021- 99, determining there was a need to continue the local emergency; and WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 2021- 101, determining there was a need to continue the local emergency; and WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 2021- 116, determining there was a need to continue the local emergency; and WHEREAS, on January 4, 2022, the City Council adopted Resolution No. 2022- 07, determining there was a need to continue the local emergency; and WHEREAS, on February 1, 2022, the City Council adopted Resolution No. 2022- 14, determining there was a need to continue the local emergency; and WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 2022-21, determining there was a need to continue the local emergency; and WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 2022-29, determining there was a need to continue the local emergency; and WHEREAS, on May 3, 2022, the City Council adopted Resolution No. 2022-38, determining there was a need to continue the local emergency; and WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 2022-58, determining there was a need to continue the local emergency; and WHEREAS, on July 5, 2022, the City Council adopted Resolution No. 2022-79, determining there was a need to continue the local emergency; and WHEREAS, on July 19, 2022, the City Council adopted Resolution No. 2022-84, determining there was a need to continue the local emergency; and WHEREAS, on August 16, 2022, the City Council adopted Resolution No. 2022- 87, determining there was a need to continue the local emergency; and WHEREAS, on September 20, 2022, the City Council adopted Resolution No. 2022-96, determining there was a need to continue the local emergency; and WHEREAS, on October 18, 2022, the City Council adopted Resolution No. 2022- 102, determining there was a need to continue the local emergency; and WHEREAS, on November 15, 2022, the City Council adopted Resolution No. 2022-112, determining there was a need to continue the local emergency; and WHEREAS, on December 6, 2022, the City Council adopted Resolution No. 2022- 121, determining there was a need to continue the local emergency; and WHEREAS, since March 4, 2022 in Los Angeles County, masks have no longer been required in most indoor settings, but continue to be strongly recommended by the LA County Health Department; and
WHEREAS, on September 22, 2022, the LA County Health Department issued a revised Health Officer Order to closely align with the State Public Health Officer’s September 20, 2022 guidance regarding masking in the following higher-risk settings:
correctional facilities, homeless shelters, emergency shelters, and cooling and heating centers; and
WHEREAS, pursuant to the September 22, 2022 Health Officer Order, the Health Officer strongly recommends, but no longer requires, that persons continue to mask on public transit and in transportation hubs; and
WHEREAS, pursuant to the September 22, 2022 Health Officer Order, in the following non-healthcare indoor settings, facilities may use the CDC COVID-19 Community Levels to determine the level of masking requirements within their facility:
state and local correctional facilities and detention centers, homeless shelters, emergency shelters and cooling and heating centers; and WHEREAS, pursuant to the September 22, 2022 Health Officer Order, masks are still required in all indoor healthcare settings; and
WHEREAS, on January 6, 2023, the LA County Health Department reported that Los Angeles County remains at the Medium Community Level on the Centers for Disease Control and Prevention’s (CDC) COVID-19 framework; and
WHEREAS, the City Manager has requested that the City Council review the need for continuing the local emergency in accordance with Section 8-7(a)(2) of the West Covina Municipal Code; and
WHEREAS, the City Council has reviewed the need for continuing the local emergency as required by West Covina Municipal Code section 8-7(a)(2); and WHEREAS, the City Council finds that the conditions resulting from the COVID-19 emergency are still beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat.

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

SECTION 1. The City Council has reviewed the need for continuing the local emergency as required by West Covina Municipal Code section 8-7(a)(2), and determines, based on the foregoing recitals, that there is a need to continue the local emergency.

SECTION 2. This local emergency shall continue to exist until the City Council proclaims the termination of the local emergency. The City Council shall review the need for continuing the local emergency in the manner required by law.

SECTION 3. Pursuant to Resolution No. 2020-105, while the local emergency remains in effect, the City Manager shall limit the exercise of the powers granted to the City Manager, as the Director of Emergency Services, during a proclaimed local emergency pursuant to Section 8-7 of the West Covina Municipal Code, to actions directly related to responding to the COVID-19 pandemic.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this 17th day of January, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2023-4 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of January, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 3

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 17, 2023
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 2 OF

THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE

REGULATIONS
RECOMMENDATION:

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2510 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VIII OF CHAPTER 2 OF THE WEST COVINA

MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS BACKGROUND:

Assembly Bill No. 571 (“AB 571”) amended California Government Code section 85301 to impose a default campaign contribution limit on cities and counties that do not impose campaign contribution limits, effective January 1, 2021. California Government Code section 85702.5 permits the City to, by ordinance or resolution, impose a campaign contribution limit that is different from the amount set forth in California Government Code section 85301(d).

The City of West Covina’s campaign finance regulations are codified in Article VIII (Campaign Contributions) of Chapter 2 (Administration) of the West Covina Municipal Code. The City Council last updated Article VIII of Chapter 2 in 2015 through the adoption of Ordinance No. 2272.

Pursuant to Section 2-402 of Article VIII of Chapter 2, no person shall make, and no candidate shall receive from any person, any contribution to the campaign of any individual candidate for any City of West Covina elective office in excess of $500 in any calendar year. Section 2-402 provides that the amount shall be adjusted on January 1 of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index for the prior year. Due to adjustments based on increases to the Consumer Price Index, the maximum contribution limit is currently $615.

Staff is presenting for the City Council's consideration proposed Ordinance No. 2510, which would increase the maximum contribution limit to $650 and make other updates to Article VIII.

On December 6, 2022, the West Covina City Council, by a 5-0 vote, introduced for first reading Ordinance No. 2510, proposing changes relating to campaign finance regulations. The City Council proposed additional changes and those changes are reflected for the second reading Ordinance No. proposed additional changes and those changes are reflected for the second reading Ordinance No. 2510.

DISCUSSION:

The proposed ordinance makes the following changes to Article VIII of Chapter 2 of the West Covina Municipal Code:

Increases the maximum contribution limit to $650
Provides that committees are subject to the contribution limit Adds a definitions section. The current provisions of Article VIII of Chapter 2 provide that the definitions set forth in the Political Reform Act apply to the provisions of Article VIII. The proposed ordinance similarly references the definitions set forth in the Political Reform Act, but also provides definitions for certain key terms, utilizing the definitions set forth in the Political Reform Act Renumbers and rearranges certain sections of Article VIII of Chapter 2 At introduction and first reading of the ordinance, the City Council directed staff to revise the ordinance so candidates and committees are both subject to the $650 contribution limit. At the City Council's direction, staff amended the ordinance to provide that committees are subject to the contribution limit and made other minor clarifying changes for consistency throughout the ordinance.

Staff recommends that the City Council adopt Ordinance No. 2510. The Ordinance will take effect on the 31st day following adoption, which is on or about February 18, 2023.

LEGAL REVIEW:

The City Attorney's Office has reviewed the ordinance and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: David Carmany, City Manager
Attachments
Attachment No. 1 - Ordinance No. 2510
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness Ordinance No. 2510

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ORDINANCE NO. 2510

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, AMENDING ARTICLE VIII OF
CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE

RELATING TO CAMPAIGN FINANCE REGULATIONS
WHEREAS, Assembly Bill No. 571 (“AB 571”) amended California Government Code section 85301 to impose a default campaign contribution limit on cities and counties that do not impose campaign contribution limits, effective January 1, 2021; and WHEREAS, California Government Code section 85702.5 permits the City to, by ordinance or resolution, impose a campaign contribution limit that is different from the amount set forth in California Government Code section 85301(d); and
WHEREAS, the City of West Covina’s campaign finance regulations are codified in Article VIII (Campaign Contributions) of Chapter 2 (Administration) of the West Covina Municipal Code; and WHEREAS, the City Council last updated Article VIII of Chapter 2 in 2015 through the adoption of Ordinance No. 2272; and
WHEREAS, pursuant to Section 2-402 of Article VIII of Chapter 2, no person shall make, and no candidate shall receive from any person, any contribution to the campaign of any individual candidate for any City of West Covina elective office in excess of $500 in any calendar year. Section 2-402 provides that the amount shall be adjusted on January 1 of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index for the prior year; and WHEREAS, due to adjustments based on increases to the Consumer Price Index, the maximum contribution amount is currently $615; and
WHEREAS, the City Council desires to update and clarify the City’s campaign finance regulations, including increasing the maximum contribution amount to $650 and providing that committees are subject to such limitation; and
WHEREAS, the City Council finds that transparency in local elections regarding financial contributions and influence are important to promoting the election process and ensuring a fair election process for all candidates; and
WHEREAS, the City Council also finds that the provisions of Article VIII of Chapter 2 are necessary to combat corruption and the appearance of corruption in the City’s election process; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

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

SECTION 1. Recitals. The City Council finds that all of the recitals set forth herein are true and correct.

ATTACHMENT NO. 1
Ordinance No. 2510

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SECTION 2. Amendment to Article VIII of Chapter 2. Article VIII (Campaign Contributions) of Chapter 2 (Administration) of the West Covina Municipal Code is hereby amended to read as follows:

Sec. 2-400. Findings, declarations, and purpose.

In enacting this article, the city council finds and declares as follows:
(1) Findings and declarations.
a. Monetary contributions to political campaigns are a legitimate form of participation in the political process; however, the financial strength of certain persons, as defined herein, should not permit the exercise of a disproportionate, controlling, or corrupting influence in a local election of candidates.
b. The increasing costs of political campaigns have compelled candidates to take larger amounts of money from persons with specific financial stake in matters before the city council. This has caused a public perception that votes may be improperly influenced by monetary contributions.
c. The tendency for campaign contributions to be dominated by a small number of very large contributors undermines the integrity of the governmental process, the competitiveness of campaigns, and the public confidence in local officials and local agencies. d. High campaign costs are also forcing officeholders to spend more time on fundraising and less time on the public’s business. The constant pressure to raise contributions is distracting officeholders from urgent governmental matters. (2) Purpose. The city council enacts this article to accomplish the following purposes:
a. To improve methods of financing campaigns in order to ensure the public’s rightto-know, combat corruption, and the appearance of corruption, and undue influence, enable candidates to compete more equitably for public office, and promote citizen participation in the political process.
b. To prevent parties with a specific financial interest in the city’s decisions from exerting undue influence over those decisions by means of large campaign contributions. c. To allow candidates and officeholders to spend a lesser proportion of their time on fundraising and greater proportion of their time dealing with issues of importance to the city and its residents.
d. To improve the disclosure of contribution sources in reasonable and effective ways.
e. To restore public trust in governmental electoral institutions.

Sec. 2-400.1. Definitions.

The following terms as used in this article shall, unless the context already indicates otherwise, have the respective meanings set forth in this section. Terms not defined in this article Ordinance No. 2510

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shall have the meaning ascribed to them in the Political Reform Act of 1974, California Government Code section 81000 et seq., and the regulations enacted by the California Fair Political Practices Commission.

Candidate has the meaning set forth in California Government Code section 82007, as amended, which defines a candidate as:
(1) Anyone who is listed on a ballot or is qualified to have write-in votes cast on their behalf counted by elections officials for nomination or election to any elective office. (2) Anyone who receives a contribution, makes an expenditure, or gives their consent for another person to receive a contribution or make an expenditure, to bring about the person’s nomination or election to an elective office, even if any of the following apply:
(A) The specific elective office for which the person will seek nomination or election is unknown at the time the contribution is received or the expenditure is made. (B) The person has not announced the candidacy or filed a declaration of candidacy. (3) An elected officer, including any elected officer who is the subject of a recall.

Committee has the meaning set forth in California Government Code section 82013, as amended, which defines a committee as any person or combination of persons who directly or indirectly does any of the following:
(1) Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year.
(2) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or
(3) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees.

Contribution has the meaning set forth in California Government Code section 82015, as amended, which defines a contribution as a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes.

Person has the meaning set forth in California Government Code section 82047, as amended, which defines a person as an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

Sec. 2-401. Campaign contribution reporting requirements.

Candidates, officeholders in positions of elective office in the city, and committees shall adhere to the following campaign contribution reporting requirements:

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(1) Provide full disclosure of any contribution in the amount of one hundred dollars ($100.00).
(2) Provide the names and addresses of all individuals who provide any contribution in the amount of one hundred dollars ($100.00) or more. (3) Require that all money contributions in the amount of one hundred dollars ($100.00) or more be made in the form of a written instrument containing the name of the contributor and the name of the payee and drawn from the account of the contributor or the intermediary, as defined in California Government Code section 84302.5. “Written instrument” includes, but is not limited to, check and credit card donations, but excludes money orders, traveler’s checks and cashier’s checks.

Sec. 2-402. Contributions by persons.

No person shall make, and no candidate or committee shall receive from any person, any contribution to the campaign of any candidate or any city measure in excess of six hundred fifty dollars ($650.00) in any calendar year. This amount shall automatically be adjusted on January 1 of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index for the prior year utilizing the standard as established by the Bureau of Labor Statistics of the U.S.

Department of Labor for all urban consumers in the Los Angeles, Riverside and Orange County areas. This adjustment shall be rounded to the nearest one dollar ($1.00). This adjustment shall also be published on the city’s website, if it exists, and posted at three (3) public places for at least ninety (90) days from its effective date.

Sec. 2-403. Independent expenditures.
(a) Purpose. The purpose of this section is to ensure transparency of independent expenditures so that voters in city elections are provided information on contributors, contributions and expenditures in a timely manner.
(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) Campaign communication means any of the following campaign related items:
a. More than two hundred (200) substantially similar pieces of campaign literature distributed within a calendar month, including, but not limited to, mailers, flyers, facsimiles, pamphlets, door hangers, e-mails, campaign buttons ten (10) inches in diameter or larger, and bumper stickers sixty (60) square inches or larger;
b. Posters, yard or street signs, billboards, super-graphic signs and similar items; c. Television, cable, satellite, internet and radio broadcasts; d. Newspaper, magazine, internet website banners and similar advertisements; or e. More than two hundred (200) substantially similar live or recorded telephone calls made within a calendar month.
(2) City candidate means any person who is a candidate for a city office.

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(3) City measure means any local measure placed on the ballot by the City of West Covina, including voter sponsored initiatives, recall and referendum measures, in an election which is governed by the California Elections Code.
(4) City office means any office of the City of West Covina that is filled by way of a vote of the people of the City of West Covina.
(5) Elective city officer means any member of the West Covina City Council, or any other city office that is filled by way of a vote of the people of the City of West Covina. (6) Individual means a living person contributing funds. (7) Independent expenditure means an expenditure made by any person or committee in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. (c) Reporting of independent expenditures. Disclosure of payments for independent expenditures shall be as follows:
(1) At any time, any person, including any committee, that makes or incurs independent expenditures that combine to one thousand dollars ($1,000.00) or more in support of or in opposition to any candidate for elective city office or any city measure shall report to the West Covina City Clerk’s office within twenty-four (24) hours by certified mail, fax or e-mail each time this threshold is reached. The form of notification is described in subsections (c)(2) and (c)(3) of this section, and the city clerk shall post this notification on the city’s website immediately upon receipt, but no later than the next business day.
(2) The notification shall consist of a declaration made under penalty of perjury and signed by the person or officer and the treasurer of the group making the expenditure, specifying the following: (i) if applicable, each candidate who was supported or opposed by the expenditure; (ii) the amount spent to support or oppose each candidate or measure; (iii) if applicable, whether the measure was supported or opposed; and, (iv) that the expenditure was not behested by the candidate or candidates who benefited from the expenditure. (3) In addition, the notification shall include the date and amount of the payment, a description of the type of communication for which the payment was made or incurred, the name and address of the person making the payment, the name and address of the payee or committee, and a copy of the mailing or advertisement, or a copy of the script or recording of the call, transmission, or advertisement. The West Covina City Clerk shall determine the reporting form to fulfill the notification requirement.
(d) Additional requirements for campaign communications funded by independent expenditures.
(1) Campaign communications funded by an independent expenditure supporting or opposing city candidates or city measures shall include the following disclosures: "This communication was not authorized by candidate (name) for (office)" or "(name) initiative proponent/opponent."
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(2) Campaign communications funded by an independent expenditure supporting or opposing city candidates or city measures shall include the names of the two (2) largest contributors within the preceding one hundred eighty (180) days from the date the communication is sent, along with the donors’ city and state of residence. The disclosure required by this subsection shall be presented in a clear and conspicuous manner so as to give the reader, observer or listener adequate notice as follows:
a. For printed campaign communications that measure no more than twenty-four (24) inches by thirty-six (36) inches, all disclosure statements required by this subsection shall be printed using a typeface that is easily legible to an average reader or viewer, but is not less than ten-point type in contrasting color to the background on which it appears. For oversize printed campaign communications, all disclosure statements shall constitute at least five (5) percent of the height of the material and be printed in contrasting color. b. For video broadcasts including television, satellite, internet, telephone and cable campaign communications, the information shall be both written and spoken either at the beginning or at the end of the communication, except that if the disclosure statement is written for at least five (5) seconds of a broadcast of thirty (30) seconds or less or ten (10) seconds of a sixty-second broadcast, a spoken disclosure statement is not required. The written disclosure statement shall be of sufficient size to be readily legible to an average viewer and air for not less than five (5) seconds.
c. For audio, telephone call or radio advertisement campaign communications, the disclosures shall be spoken in a clearly audible manner at the same speed and volume as the rest of the telephone call or radio advertisement at the beginning or end of the communication and shall last at least three (3) seconds. The requirement shall be satisfied by using the words "on behalf of" immediately followed by the name of the candidate or committee that pays for the communication.

Sec. 2-404. Definitions.

For purposes of sections 2-404.1 and 2-404.2 of this article, the following words and phrases shall have the meanings ascribed to them in this section:

Affected party means a party to a city contract, a subcontractor under a city contract, an applicant seeking entitlement, a contractor of applicant seeking entitlement, or a subcontractor of applicant seeking entitlement.

Applicant seeking entitlement means any person who has filed an application or letter seeking approval of an entitlement with the city, successor agency, or housing authority, or any person who is an owner or lessee of property on whose behalf an application or letter seeking approval of an entitlement is filed.

Application is pending means an application or letter which is subject to review, hearing or consideration by the council, successor agency, CDC, and/or housing authority and the application or letter seeking an entitlement has been filed and, either will be set for review, hearing or other consideration by the council, successor agency, or housing authority as a matter of right, or has been formally appealed to the council, successor agency, CDC or housing authority. The three examples set forth below are intended to provide interpretive guidance:

Ordinance No. 2510

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(1) An application for a zone change is filed. Since a zone change can only be effectuated by the council, upon filing the application it would be deemed pending before the council;
(2) An application for a conditional use permit is filed. Only at such time as the grant or denial of a conditional use permit is appealed to the council would it be pending before the council;
(3) Any application for which the council is either the sole determining body or as to which a final decision must be made by the council.

CDC means the West Covina Community Development Commission.

City contract means any agreement or contract, including any amendment or modification to an agreement or contract, with the city, successor agency, CDC or housing authority, where such contract or agreement is subject to approval by the council, successor agency, CDC, or housing authority for (a) the rendition of personal services; (b) construction and/or the furnishing of any material, supplies or equipment; (c) the sale, lease, exchange, or transfer of any land or building to or from the city, successor agency, CDC, or housing authority; or (d) a grant, loan, loan guaranty, land write down, or other similar form of financial assistance. "Contract" does not include a contract awarded pursuant to a competitive bidding process under the Public Contracts Code, a transfer or exchange of land to or from one public agency to another public agency, or the transfer of an easement, license, or right-of-way in the ordinary course of a development project.

Contractor of applicant seeking entitlement means a person who is, or has been promised to be, a party to a contract as an architect, design professional, engineer, or general or prime contractor with an applicant seeking entitlement, as defined herein, which contract has, or would have a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more.

Council means the city council of the City of West Covina.

Design professional means a person who performs services in the nature of designing structures, buildings, interiors, landscape and/or hardscape but does not have any particular license.

Entitlement means permit, license, conditional use permit, variance, site plan, architectural or design review (at any stage), franchise, administrative exception, parking reduction, review of plans, development agreement, disposition and development agreement, exclusive negotiation agreement, owner participation agreement, affordable housing agreement, financial assistance for a proposed project, or any other land use entitlement which is discretionary and not ministerial in nature; provided, however, that entitlements for residential developments of five (5) units or less or additions to a single-family home, duplex, tri-plex or four-plex shall be expressly excluded.

Housing authority means the housing authority of the City of West Covina.

Related persons includes any of the following persons with respect to a party with a city contract, a subcontractor under a city contract, applicant seeking entitlement, contractor of applicant seeking entitlement, and subcontractor of applicant seeking entitlement: a member of its board of directors, its chairperson, its chief executive officer/president, its chief financial officer, its chief operating officer, any person with ownership interest of more than ten (10) percent in Ordinance No. 2510

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such person, and/or any committee, as defined in this chapter, that is owned or controlled by such person.

Subcontract means a contract subordinate to another contract made between the contracting parties which includes an agreement for a subcontractor to perform all or part of certain work to be performed by an architect, design professional, engineer, general or prime contractor.

Subcontractor means a person who has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor.

Subcontractor of applicant seeking entitlement means a person who is, or has been promised to be, a party to a subcontract as an architect, design professional, engineer, or to perform other work with a "contractor of applicant seeking entitlement" as defined herein, which subcontract has, or would have a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more.

Successor agency means the successor agency to the West Covina Redevelopment Agency.

Sec. 2-404.1. Campaign contributions from applicants and contractors. (a) No person who is an applicant or proposer to be a party to a city contract, or who is a party to a city contract, as defined in section 2-403, other affected party, or related persons, shall make a contribution to an individual holding city elective office where the city contract has a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more, or a combination or series of such contracts or agreements having a value of thirty thousand dollars ($30,000.00) or more.
(b) No member of the council, nor the city clerk or city treasurer shall receive a contribution from a person who is a party to a city contract, or an applicant or proposer to be a party to a city contract, as defined in section 2-403, or related persons, where the city contract has a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more, or a combination or series of such contracts, having a value of thirty thousand dollars ($30,000.00) or more.
(c) No person acting as a subcontractor under a subcontract through a city contract, as defined in section 2-403, or related persons, shall make a contribution to a council member where an individual subcontract has a total anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, or a combination or series of such individual subcontracts with the same subcontractor, for the same or different projects with the aggregate value of fifteen thousand dollars ($15,000.00) or more.
(d) No member of the council shall receive a contribution from a person who is party to a subcontract under a city contract, as defined in section 2-403, or related persons, where the subcontract has a total anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, or a combination or series of such subcontracts having a value of fifteen thousand dollars ($15,000.00) or more.

Ordinance No. 2510

Page 9 of 10 ends

(e) No applicant seeking entitlement, contractor of an applicant seeking entitlement or a subcontractor of an applicant seeking entitlement, or related persons, shall make a contribution to a council member while such application is pending before the council, successor agency, CDC, or housing authority and for a period of twelve (12) months after the last and final action on that entitlement by the council, successor agency, CDC or housing authority.

Sec. 2-404.2. Posting of list of contractors, subcontractors, vendors and applicants for entitlements.

City staff shall prepare a list or lists of: Applicants or proposers for city contracts in the amount of thirty thousand dollars ($30,000.00) or more; parties to city contracts in the amount of thirty thousand dollars ($30,000.00) or more; subcontractors under city contracts with anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, individually or in the aggregate; applicants seeking entitlements; contractors of applicants seeking entitlements; and, subcontractors of applicants seeking entitlements, while such application is pending before the council or other legislative body of the city and for twelve (12) months thereafter. Such list or lists shall be posted on the city’s website and made available to all elected officials and candidates.

Sec. 2-405. Enforcement.
(a) Any person who believes that a violation of this article has occurred may file a complaint with the city attorney. The city attorney shall investigate and shall have investigative powers as are necessary for the performance of his or her duties under this article. (b) The city attorney, or any registered voter of the city, may bring a civil action to enjoin violations of or compel compliance with the provisions of this article.

Sec. 2-405.1. Penalties.
(a) Any person who knowingly or willfully violates any provision of this article shall be guilty of a misdemeanor, and on conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) for each violation or by imprisonment of not more than six (6) months or both such fine and imprisonment.
(b) Notwithstanding subsection (a), any person who intentionally or negligently violates any of the provisions of this article may be subject to a civil action brought by the city attorney acting as the civil prosecutor for an amount up to one thousand dollars ($1,000.00) for each violation, or three (3) times the amount not reported, or the amount received in excess of the amount allowable pursuant to this article, whichever is greater.

SECTION 3. Environmental Compliance. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (Sections 15000 et seq.), the City Council finds that this Ordinance is not a “project” and further, that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exception).

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions Ordinance No. 2510

Page 10 of 10 ends

of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 5. Certification. The City Clerk shall certify passage of this ordinance and shall cause the same to be published as required by law.

SECTION 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.

PASSED, APPROVED AND ADOPTED this 17th day of January, 2023. ___________________________________
Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
______________________________ ___________________________________ Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2510 was introduced at a regular meeting of the City Council held on the 6th day of December, 2022, and adopted at a regular meeting of the City Council held on the 17th day of January, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 4

SEVERE WINTER STORMS
RECOMMENDATION:

Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. 2023-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RATIFYING PROCLAMATION NO. 2023-1 PROCLAIMING THE

EXISTENCE OF A LOCAL EMERGENCY RELATED TO SEVERE WINTER STORMS BACKGROUND:

California has experienced significant winter storms since January 1, 2023.

On January 4, 2023, Governor Newsom proclaimed a state of emergency throughout California in order to support the ongoing response to the winter storms. The Governor's proclamation supports emergency relief efforts including authorizing the mobilization of the California National Guard to support disaster response, directing Caltrans to request immediate assistance through the Federal Highway Administration’s Emergency Relief Program to support highway repairs and other support for local response and recovery efforts.

On January 8, 2023, Governor Newsom requested a Presidential Emergency Declaration to support ongoing storm response and recovery efforts.

On January 8, 2023, President Biden declared that an emergency exists in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding, and mudslides beginning on January 8, 2023, and continuing.

The President’s action authorizes the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to coordinate all disaster relief efforts which have the purpose of alleviating the hardship and suffering caused by the emergency on the local population, and to provide appropriate assistance for required emergency measures to save lives and to protect property and public health and safety, and to lessen or avert the threat of a catastrophe in several counties throughout California, including Los Angeles County.

California, including Los Angeles County.

On January 10, 2023, Los Angeles County proclaimed a local emergency due to the winter storms.

The City's ability to mobilize local resources, coordinate response and seek future reimbursement by the State and Federal governments will be critical to successfully responding to damage caused by the winter storm.

DISCUSSION:

Government Code section 8558 defines a local emergency as “the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, … which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.”
Pursuant to Government Code section 8630, the City Council, or an official designated by ordinance of the City Council, can proclaim the existence of a local emergency. Under West Covina Municipal Code (WCMC) section 8-7(a)(1), the City Manager, as the Director of Emergency Services, can proclaim the existence of a local emergency. Once the existence of a local emergency is proclaimed, neighboring jurisdictions and the State have the power to provide mutual aid to address the emergency conditions.

Pursuant to Government Code section 8630, if proclaimed by an official designated by ordinance, the local emergency cannot remain in effect for more than seven (7) days unless it is ratified by the City Council. Further, Government Code section 8630 requires the City Council to review the need for continuing the local emergency at least every 60 days until the local emergency is terminated, and requires the City Council to proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Pursuant to WCMC section 8-7(a)(2), the City Manager may request that the City Council review the need for continuing the local emergency at least once every thirty (30) days until the City Council terminates the local emergency.

As authorized by Government Code section 8630 and WCMC section 8-7(a)(2), on January 11, 2023, the Acting City Manager, as the City's Acting Director of Emergency Services, proclaimed a local emergency due to the severe winter storms that began on January 1, 2023. The City Manager is requesting that the City Council ratify the proclamation of the local emergency.

LEGAL REVIEW:

The City Attorney’s Office has reviewed and approved the proposed resolution as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: David Carmany, City Manager
Attachments
Attachment No. 1 - Resolution No. 2023-5
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
RESOLUTION NO. 2023-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, RATIFYING
PROCLAMATION NO. 2023-01 PROCLAIMING THE

EXISTENCE OF A LOCAL EMERGENCY RELATED TO

SEVERE WINTER STORMS
WHEREAS, the California Emergency Services Act (Government Code Section 8550 et seq.), authorizes the City Council, or an official designated by ordinance of the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, if the City Council is not in session, West Covina Municipal Code Section 8-7 empowers the City Manager, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity which is, or is likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, since January 1, 2023, as a result of a series of atmospheric river systems, Los Angeles County, including the City of West Covina, has been impacted by high winds, substantial precipitation, and flooding; and WHEREAS, the National Weather Service has forecasted that additional and continuing storms related to this series of atmospheric river systems threat Los Angeles County, including the City of West Covina; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and property exist due to the severe winter storms; and
WHEREAS, it is anticipated that such conditions are beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and
WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to responding to this emergency; and
WHEREAS, on January 11, 2023, the Acting City Manager, as the City’s Acting Director of Emergency Services, proclaimed a local emergency as authorized by Government Code section 8630 and West Covina Municipal Code section 8-7(a)(1). A ATTACHMENT NO. 1
true and correct copy of Proclamation No. 2023-01 is attached hereto as Exhibit “A.” WHEREAS, the City Council hereby finds that conditions of disaster or of extreme peril to the safety of persons and property within the City of West Covina have arisen due to the severe winter storms that started on January 1, 2023.

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

SECTION 1. The Acting City Manager’s proclamation of local emergency, Proclamation No. 2023-01, dated January 11, 2023, is hereby ratified.

SECTION 2. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et seq. and Chapter 8 of the West Covina Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by the severe winter storms that started on January 1, 2023, as detailed in the recitals set forth above.

SECTION 3. The area of the City which is endangered/imperiled is the entire City.

SECTION 4. During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by State law and by ordinances, resolutions, and orders of this City, including but not limited to the City’s Emergency Plan.

SECTION 5. This local emergency shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency in the manner required by law.

SECTION 6. A copy of this resolution and the emergency proclamation be forwarded to the Director of the California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate Federal disaster relief programs.

APPROVED AND ADOPTED this 17th day of January, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2023-5 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of January, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A
PROCLAMATION NO. 2023-01

AGENDA ITEM NO. 5

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 17, 2023
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY SERVICES WITH TRANSTECH ENGINEERS, INC.

RECOMMENDATION:

It is recommended that the City Council:

Award Request for Proposals No. 71-020 for Building and Safety Services to Transtech Engineers, Inc.

2. Authorize the City Manager to approve any extensions and execute amendments providing for such extensions.

3. BACKGROUND:

The City contracted out building plan services starting in August 2016. In November 2018, the Chief Building Official was a contractor, and starting in August 2019, all Building and Safety services were provided through contract services. In December 2020, the entered into a Professional Services Agreement ("Agreement") with Transtech Engineers, Inc. (Transtech) for Building and Safety services for an initial one-year term.

In July 2021, the City amended the Agreement with Transtech to include landscape plan check services and increased the maximum annual compensation. Pursuant to the Agreement, the term was extended through December 31, 2022. To ensure no lapse in Building & Safety services, the City extended the Agreement through January 17, 2023.

DISCUSSION:

A Request for Proposals for Building and Safety consultant services was posted on PlanetBids on November 3, 2022. The City received five proposals from qualified firms by the December 1, 2022 deadline.

Government Code sections 4525 through 4528 require that State and local agencies use Qualifications Based Selection (QBS) to procure services for architecture, landscape architecture, engineering, environmental, land surveying and construction management services. The purpose of the statutes is to assure that public agencies - and therefore the public - receive design services from the best design professionals.

Proposals were reviewed by Community Development Department staff for relevant experience, qualifications of personnel, size of the firm and the cost of services. The five firms were fairly equally matched in terms of experience, qualifications, and firm size.

The table below provides a summary of the proposed fee structure by company:

Company Proposed Fee Structure Average Hourly Rates*
4Leaf, Inc. 75% of Plan Review Fees $108.33
BPR Consulting Group
62% of Plan Review Fees
150% Expedited Plan Review Fees
Inspections and permit counter
charged hourly
$106.67
Bureau Veritas N/A $117.50
CSG Consultants, Inc.
70% of Full Plan Review & Building
Plan Check Fees
45% Plumbing Mechanical/Electrical
or 70% of PME
45% Structural Plan Review
100% Expedited plan check
65% Permit Fees
$108.67
Transtech Engineers, Inc.
$150,000 50%
$150,001 - $250,000 40%
$250,001 + $35%
Minimum monthly fee of $50,000
(Includes inspection, permit counter,
plan reviews, and expedited plan
check fees)
$105.33
*Average Hourly rates of Chief Building Official, Building Inspector, and Permit Technician Since all firms were fairly equal in terms of qualifications, staff recommends awarding the RFP to Transtech as they have proposed the most cost-effective fee schedule.

Transtech is proposing to keep the existing sliding scale (please see table above) comparing with other firms that differentiate fee percentage based on type of plan review services and propose higher fee percentages (50% compared to up to 75%).

In addition, Transtech has been providing excellent customer service to our residents, contractors and builders. Transtech has been a great partner, adapting their service model to adjust for the pandemic, including developing a scheduling system for Planning, Fire, Engineering and Building. The City has also undertaken the task of updating the City's permitting software, which the transition is anticipated to commence in the coming months. Transtech also works collaboratively with our other departments to ensure internal customer service. Most recently, they have worked diligently to update the City's Building Code, not only to meet the new 2023 Los Angeles County Building Code, but simplifying it to make it easier to reference.

The City's proposed new agreement with Transtech also includes landscape plan check services. In continuing to hire Transtech, West Covina will be able to continue to work with Withers & Sangren, Ltd., which has provided excellent services.

Lastly, if the City were to change Building and Safety firm, there would be additional costs for the transition, and it may delay the transition to the new permitting software.

Overall, Transtech continues to be the most well-rounded firm with the most competitive price. Transtech will continue to provide all Building and Safety services, including Chief Building Official, building plan check, inspections and permit issuance, and landscape plan check services through Withers & Sandgren. Transtech is prepared to continue services immediately.

LEGAL REVIEW:

The City Attorney's Office has reviewed the Professional Services Agreement and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or
Select another firm based on those that submitted proposals and extend the contract with Transtech for the transition period; or

2. 3. Provide alternative direction.

Prepared by: Paulina Morales, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:

The currently budget for building and safety contractual services is for $1,715,220 (account no. 110.71.4120.6120) which is more than adequate to fund the minimum monthly rate of $50,000 ($600,000 annually). If permit and plan check revenue increases, staff will request to increase appropriations to pay TRANSTECH accordingly. All costs are paid from building permit and plan check revenues.

Contract services for building and safety ranged from $924k to over $2.2 million over the past three fiscal years, as shown in the table below.

Fiscal Year 2022 2021 2020
Total Building Revenue 7,855,727 4,054,384 2,012,993
Cost for Contract Services 2,284,001 1,308,803 924,991
Attachments
Attachment No. 1 - Agreement with Transtech
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
Achieve Fiscal Sustainability and Financial Stability
Expand Economic Development Opportunities
.
1 Transtech Engineers, Inc.

Building and Safety Services
Form Revised August 2022

CITY OF WEST COVINA

PROFESSIONAL SERVICES AGREEMENT
WITH
TRANSTECH ENGINEERS, INC.

FOR

BUILDING & SAFETY SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into as of January 18, 2023 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and TRANSTECH ENGINEERS, INC., a California corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to City to provide Building and Safety Services, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
E. Consultant responded to the City’s Request for Proposals dated November 3, 2022 (RFP #71-020) incorporated via this reference as if fully set forth herein, and Consultant’s response to the Request for Proposals was a material inducement to the City ultimately entering into this agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in Consultant’s Proposal, attached hereto as Exhibit “A” and incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect ATTACHMENT NO. 1
.
2 Transtech Engineers, Inc.

Building and Safety Services
Form Revised August 2022
the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

1.8. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). .
3 Transtech Engineers, Inc.

Building and Safety Services
Form Revised August 2022
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit A. City agrees that Consultant’s minimum monthly compensation shall be Fifty Thousand Dollars ($50,000.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant’s standard hourly rates shall be paid to the Consultant for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. .
4 Transtech Engineers, Inc.

Building and Safety Services
Form Revised August 2022

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on Effective Date and continue for a period of three (3) years, ending on January 17, 2026, unless previously terminated as provided herein. Thereafter, this Agreement may be extended for a maximum of two (2) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work .
5 Transtech Engineers, Inc.

Building and Safety Services
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completed as of the effective date of termination in accordance with the fees set forth herein.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Broad-form commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000.000.00) general aggregate. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Consultant certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
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(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of the work set forth herein.

Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, Consultant shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, .
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its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Ahmad Ansari, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such .
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communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (949) 702-5612 Tel: (626) 939-8401
Email: [email protected]
Attn: Ahmad Ansari
Email: [email protected]
Attn: Paulina Morales

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless.
(a) General Indemnification. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant agrees to defend, with counsel of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts .
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liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
(b) Indemnification for Design Professional Services. To the fullest extent permitted by law, Consultant agrees to defend, with counsel of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of design professional services under this Agreement by a “design professional,” as such term is defined in California Civil Code section 2782.8(c).

The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.

However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, .
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Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the .
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unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.

Consultant shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
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6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.27. Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ David N. Carmany
City Manager

CONSULTANT
__________________________________ Date: __________________________ Allen Cayir
President
__________________________________ Date: __________________________ Sybil Cayir
Secretary
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Lisa Handy
Interim Human Resources and Risk Management
Director
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EXHIBIT A
CONSULTANT’S PROPOSAL
Proposal

BUILDING
AND
SAFETY

SERVICES
Submitted To
City of WEST COVINA
1444 W. Garvey Avenue SOUTH
West Covina, CA 91790
Attn.: Maria Delira, Purchasing Manager
Submitted By
TRANSTECH Engineers, Inc.

Contact Person for this Proposal:

Ayla Jefferson, CBO, CSP, Principal Building Official
E: [email protected]
C: 909-851-5765, O: 909-595-8599, ext.123
Dennis Tarango, CBO, Principal Building Official
E: [email protected]
C: 909-821-7117; O: 909-595-8599, Ext. 127
www.transtech.org
855.595.2495 (toll-free)
Submittal Requirement: 4 COPIES, 1 PDF FILE

EXHIBIT A

BUILDING AND SAFETY SERVICES

TABLE OF CONTENTS
Our proposal is submitted in the format and order specified in RFP Section “8. PROPSAL FORMAT”.

Section Page

1. COVER LETTER (per RFP limited to 1 page) 1.1 – 1.1

2. PROJECT SUMMARY SECTION 2.1 – 2.18

2.1 Understanding of City’s Request for Services 2.1

2.1.1 Understanding of City and Requested Services 2.1

2.1.2 Transtech’s Service Approach 2.3

2.2 Understanding of City’s Requirements for Staff Qualifications 2.4

2.2.1 Required Staff Qualifications 2.4

2.2.2 Transtech’s Building and Safety Staff Qualifications 2.7

2.2.2.1 Organization Chart 2.7

2.2.2.2 Staff General Qualifications and Licenses 2.8

2.2.2.3 Resumes 2.9

2.3 Transtech’s Involvement in the City 2.17

3. METHODOLOGY SECTION 3.1 – 3.5

3.1 Service Methodology 3.1

3.2 Sample Electronic Plan Checks 3.2

4. EXCLUDED OR SUBCONTRACTED SERVICES 4.1 – 4.1

5. LIST OF SIMILAR SERVICES COMPLETED 5.1 – 5.6

5.1 Examples of Similar Projects 5.1

5.2 Company Qualifications 5.3

6. REFERENCES 6.1 – 6.11
ATTACHMENTS – CITY REQUIRED FORMS A.1 – A.41
Attachment A: Statement of Non-Collusion by Contractor A.1 Attachment B: Subcontractor Campaign Contribution Acknowledgement A.3 Form (if applicable)
Attachment C: Sam.gov Verification A.7
Attachment D: Fee Schedule A.16
Attachment E: Scope of Services A.18
Attachment F: Sample Agreement A.26

1. COVER
LETTER

BUILDING AND SAFETY

SERVICES

BUILDING AND SAFETY SERVICES

1. COVER LETTER(per RFP limited to 1 page) 1.1
December 1, 2022
City of WEST COVINA
1444 W. Garvey Avenue SOUTH
West Covina, CA 91790
Attn.: Maria Delira, Purchasing Manager
Proposal, BUILDING AND SAFETY SERVICES
In response to City’s request, Transtech is pleased to submit this Proposal for the subject services.

Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm.

Transtech has been in business for over 33 years and provides municipal services to approximately 70 public agencies, including Building and Safety Services.

In San Gabriel Valley, in addition to West Covina, we provide Building and Safety Services to several agencies, including Alhambra, Montebello Monterey Park, Rosemead, South El Monte, South Pasadena, Temple City.

We are also under multi-year contract with the County of Los Angeles providing Building, Plan Check and Inspection Services.

Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200, including building officials, plan checkers, inspectors, permit technicians, engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel.

We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We believe our team is well qualified to perform the services requested.  Successfully providing similar services to many agencies for over 33 years.  Proven track record in on time and within budget project delivery.  Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.  Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums.  Committed to producing a high-quality work product and deliver a high level of customer care.  Commitment of principal level management and involvement throughout the contract duration.  Well experienced in-house staff readily available to commence with the services upon City’s authorization.

Transtech agrees with RFP Section 10.8 PROPOSAL VALIDITY PERIOD requirement: Pricing, terms and conditions stated in the proposer’s response shall remain valid for 120 days from the date of submission of the proposal to the City.

Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact us.

Sincerely
Ayla Jefferson, CBO, CSP, Principal Building Official Dennis Tarango, CBO, CSP, Principal Building Official E: [email protected] E: [email protected] C: 909-851-5765, O: 909-595-8599, ext.123 C: 909-821-7117, O: 909-595-8599, ext.127 About TRANSTECH
Video Highlight:

CLICK HERE
www.transtech.org
855.595.2495 (toll-free)

2. PROJECT

SUMMARY

SECTION

BUILDING AND SAFETY

SERVICES

BUILDING AND SAFETY SERVICES

2. PROJECT SUMMARY SECTION 2.1

2.1 Understanding of City’s Request for Services

2.1.1 Understanding of City and Requested Services
The City of West Covina (City) is seeking proposals from qualified consulting firms that have the experiences and support capabilities to provide municipal Building and Safety Services under the Direction of the Community Development Director.

The City of West Covina is located in the San Gabriel Valley, 20 miles east of downtown Los Angeles and 15 miles north of Orange County. Incorporated as a general law city in 1923, the City operates under the council/manager form of government. The City’s 16 square miles flourished with walnut groves and orange groves for many decades. The City has developed into a commercial and residential community, with a population currently estimated at about 110,200 residents.

The City offers 16 parks, four community centers, a Sports Complex, and a County-operated library. The City provides a full range of services to its citizens, including police, fire and emergency medical; construction and maintenance of streets, traffic signalization and other infrastructure; planning and building safety; and social, recreational and cultural activities and events. However, the City contracts out building and safety services, engineering, planning and business licensing. Additionally, water utilities and solid services are provided and billed externally.

Under the direction of the Community Development Director, the selected firm would assume the responsibility for the operation of the Building and Safety Division and would provide the range of expertise necessary to carry out the normal and day-to-day activities and functions of the Division. This includes, but not limited to providing professional services in all the following areas: Building Official services, development review of new projects, counter assistance, plan checking, building code compliance, and “on-call” inspection services. It is the City’s intent to select one (1) firm to provide the requested services.

The City of West Covina is committed to providing the most efficient and timely customer service possible to meet the needs of the community. The selected firm will be expected to provide excellent front-line customer services to the City’s patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries from the public related to Building and Safety services. The selected firm will be expected to work closely with all City departments and divisions and ensure that the appropriate requirements of those departments and divisions are incorporated in the Building and Safety Division’s operating standards and processes.

RFP Section 12. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS states the following:

Pursuant to California Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to California Labor Code section 1725.5.

BUILDING AND SAFETY SERVICES

2. PROJECT SUMMARY SECTION 2.2
Following are CA DIR Number Verifications for Transtech Engineers, Inc., and its subconsultants GeoAdvantec, Inc. and Withers & Sandgren, Ltd.

RFP Section 10.10 EVALUATION AND SELECTION PROCESS states the following:

All proposers should identify or affirm each of the following requirements:
(a) Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP.

Transtech affirms that it meets the above requirement.
(b) Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.

Transtech affirms that it has no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs. (c) Have the administrative and fiscal capability to provide and manage the proposed services.

Transtech affirms that it has the administrative and fiscal capability to provide and manage the proposed services.

Transtech Engineers, Inc.

Subconsultant: Withers & Sandgren, Ltd. Sub-Consultant: Geo-Advantec, Inc,

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2. PROJECT SUMMARY SECTION 2.3

2.1.2 Transtech’s Service Approach
Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost-effective, timely and customer friendly manner:
 Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.
 Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.
 We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.  This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.
 To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.  Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.
 All telephone calls or e-mails received are returned within the same working day, or the following day.

We take pride in our “Same Day Response” motto.
 Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
 Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.

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2. PROJECT SUMMARY SECTION 2.4

2.2 Understanding of City’s Requirements for Staff Qualifications

2.2.1 Required Staff Qualifications
Building Official Services:

The selected firm shall provide a highly qualified individual to serve as the City’s Building Official. The Building Official shall oversee plan checking, building and grading inspections, building code compliance, and acts as an official City representative on building related matters. Service will include but are not limited to the following:

1. Quality control review of plan checks and inspections

2. Building Code updates and adoption

3. Resolution of inquiries and complaints

4. Building Official Administration, processing of complex Building Code issues and dispute resolution

5. Maintain and update the Building and Safety counter brochures and “hand-outs”

6. Monthly reporting of Building and Safety activities and annual reporting

7. Participate in pre-development review and provide comments

8. Attendance of pre-development review meetings

9. Processing of City Council staff reports (as needed)

10. Attendance at Planning Commission and City Council meetings (as needed) The ideal proposal would include an International Code Council (ICC) Certified Building Official who is available to be at the City part-time (10 hours minimum) and as needed, has at least 5 years of Building Official experience, is customer-service oriented, and has experience with managing multiple tasks, assignments and responsibilities. The Building Official shall also be available on an as needed basis for questions and quality control of work during the time he/she is not at City Hall.

Inspection Services:

The selected firm shall provide a Building Inspector, acceptable to the Community Development Director, on an as needed/on-call basis to provide Building and Safety Services. Specific responsibilities include but are not limited to the following:

1. Inspection services (residential, commercial, and other nonresidential projects) for building code, accessibility, grading, building, electrical, mechanical, plumbing, etc.

2. Maintain permit forms and handout materials related to permit requirements and issuance

3. Handle project inquiries and resolve complaints

4. Maintain records and files concerning construction permits and building code administration (including documents for storage and/or imaging)
The ideal proposal would include an International Code Council (ICC) certified combination Building Inspector who is available to be at the City as needed/on-call, has at least 5 years of building inspection experience inspecting residential, commercial, and mixed-used buildings, has experience inspecting structural systems, has experience inspecting electrical systems, is customer- service oriented, and has experience with managing multiple tasks, assignments and responsibilities.

Building Permit Technician Services:

The selected firm shall provide a Building Permit Technician, acceptable to the Community Development Director, on an as needed/on-call basis to provide Building and Safety Services. Specific responsibilities

BUILDING AND SAFETY SERVICES

2. PROJECT SUMMARY SECTION 2.5
include but are not limited to the following:

1. Reviews permit applications, calculate fees in accordance to established fee schedule, receive permit application/plans for plan check processing, and issue permits

2. Handle project inquiries and resolve complaints

3. Maintain records and files concerning construction permits and building code administration (including documents for storage and/or imaging)
The ideal proposal would include a Building Permit Technician who has at least 2 years of permit issuance experience in a municipal government department and responsible clerical experience Plan Check Services Plan Check Services:

The selected firm shall provide qualified plan check professionals on as needed basis. The selected firm shall provide such personnel based on the volume of work and the City’s expected plan check turn- around times as described in Section E below.

1. Plan checking includes American with Disabilities Act (ADA) accessibility, grading, erosion control, building, mechanical, electrical, plumbing work, and Fire, etc.

2. Plan check monitoring, permit issuance for grading, building electrical, mechanical, plumbing, and fire etc.

3. Handle project inquiries and resolve complaints
The ideal proposal would include an International Code Council (ICC) Certified California Building Plans Examiner with at least 5 years of plan check experience, committed to providing the most efficient, accurate and timely plan check services possible to meet the needs of the City, has previous City experiences, is customer- service oriented, and has experiences with successfully managing multiple tasks, requiring the application assignments, and responsibilities. The plan checker may substitute for a portion of the required time the Building Official is available at City Hall.

Transtech has a large pool of well experienced staff with credentials and certifications and proven track record in providing building and safety services in a timely, efficient, cost-effective and customer friendly manner.
• Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). • We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies. • Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and in the development of local and national guidelines and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection
Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam
Committee
• Commissioner; CALBO
Outreach/Communications Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing
Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards
Committee

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2. PROJECT SUMMARY SECTION 2.6
Maximum Service Delivery Timeframes:

The City has established the “Maximum Timeframes” for the delivery of Building and Safety Services. Transtech will provide adequate personnel, based on the level of development activity within any given time, to ensure that the following timeframes are met:

Service Timeframe for Delivery
First Major Plan Check (such as new single- family house, multifamily residential, commercial and other non-residential project)10-15 business days 2nd Subsequent Plan Checks & Resubmitted Plan Checks (simple tenant improvements for non-residential buildings)
3-5 business days
Minor Plan Check (such as room additions of single-family house, detached accessory structures, re- roofing, wall signs, swimming pools, etc.)
3 business days or over the counter
during a designated time period each
day
Building Inspection 95% next Day Inspections
Grading Plan Check (new construction) 10-15 business days Subsequent or Resubmitted
grading plan checks
3-5 business days
Grading Inspection 95% next Day Inspections
Return Phone Calls Within 24 hours or next business day Monthly Accounting and Reporting Completed within the first 10 days after close of month
Transtech has a proven track record and a large pool of well experienced in-house staff readily available to meet the service delivery requirements:
• We will be responsible to ensure that all other Building and Safety duties and follow-up not specifically mentioned in the table above are performed in a timely manner. We will be responsible to ensure all personnel assigned to the City have sufficient on-going training to perform their assigned duties. • Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends. • Quick Turn Around and Expedited Service: Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals.

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2. PROJECT SUMMARY SECTION 2.7

2.2.2 Transtech’s Building and Safety Staff Qualifications

2.2.2.1 Organization Chart

CALVIN CHANG, PE
ICC Certified Plans Examiner

CEM AYAN, PE
ICC Certified Plans Examiner
and Inspector

ROBERT HERNANDEZ
ICC Certified Plans Examiner
and Inspector

JASON ROBBINS
ICC Certified Building Official,
Plans Examiner and Inspector

BILL DORMAN, CBO, CSP
ICC Certified Building Official,
Plans Examiner and Inspector
JEFFREY KAO, PE, CBO, CASp
ICC Certified Building Official,
Plans Examiner and Inspector

DENNIS TARANGO, CBO, CSP
Principal Building & Safety Official
ICC Certified Building Official,
Plans Examiner and Inspector

AYLA JEFFERSON, CBO, CSP
Principal Building & Safety Official
ICC Certified Building Official,
Plans Examiner and Inspector

MICHAEL ROBERTS, CBO, MCP
ICC Certified Building Official,
Plans Examiner and Inspector

FRANKIE LOPEZ
ICC Certified Building Inspector

NICHOLAS TARANGO
ICC Certified
Building Inspector,
Permit Technician

JONATHAN TARANGO
ICC Certified Building Inspector,
CALGreen Inspector/Plans
Examiner, Permit Technician

JEREMY REED
ICC Certified
Building Inspector,
Permit Technician

CAN GOZUBUYUK
ICC Certified Inspector

JULIE ROBBINS
ICC Certified
Permit Technician

STEVE RIVAS
ICC Certified Building Inspector/
Permit Technician

AMY CHAN
ICC Certified
Permit Technician

GREGORY AHERN
ICC Certified Inspector,
ICC Certified Fire Inspector

NATHAN ESTABROOK
ICC Permit Technician

JOHN TUFAN
ICC Certified
Permit Technician CALGreen
Inspector/Plans Examiner
Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200, including building officials, plan checkers, inspectors, permit technician, engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel.

Specialty Services
Landscape Plan Review Support

WITHERS & SANDGREN, LTD
www.withersandsandgren.com
RONALD L. GRIESINGER
Fire Marshal
Fire Plan Checker
Specialty Services
Soils Report Review Support
GEO-ADVANTEC, INC.
www.geoadvantec.com

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2. PROJECT SUMMARY SECTION 2.8

2.2.2.2 Staff General Qualifications and Licenses
Licenses and Certificates of the Firm and Staff Members in Diversified Fields:

Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Following are various ICC certifications held by various staff members:

Building Official Certifications:
 Certified Master Code Professional
 Building Code Official
 Building Official
 Certified Sustainability Professional
Plan Check Certifications:
 Residential Building Plans Examiner
 Commercial Building Plans Examiner
 California Building Plans Examiner
 Certified Sustainability Professional
 CalGreen Plans Examiner
 Accessibility Plans Examiner
 Commercial Energy Conservation Plans Examiner
 Residential Plans Examiner
 Mechanical Plans Examiner
 Plumbing Plans Examiner
 Electrical Plans Examiner
State of California Safety Assessment Program:
 CalOES SAP Evaluator
Inspection Certifications:
 Combination Inspector
 Commercial Building Inspector
 Residential Building Inspector
 Accessibility Inspector
 Commercial Energy Conservation Inspector
 Electrical Inspector
 Commercial Electrical Inspector
 Residential Electrical Inspector
 Residential Energy Conservation Inspector
 Residential Building Inspector
 Residential Mechanical Inspector
 Mechanical Inspector
 Commercial Mechanical Inspector
 Plumbing Inspector
 CalGreen Inspector
 Building Inspector CBC
 Building Inspector UBC
 Plumbing Inspector UPC
 California Building Inspector
 California Commercial Plumbing Inspector

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2. PROJECT SUMMARY SECTION 2.9
 California Residential Mechanical Inspector
 California Residential Mechanical Inspector
Additional Inspection Certifications:
 IAPMO Plumbing, Mechanical Inspector
 Fire Code Inspector
 Fire Inspector II
 California UST Inspector
Permit Technician Certification: Permit Technician
CACEO Certified Code Enforcement Officer
California State Fire Marshall Certifications:

Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms. Fire control 3, S-230 S-231 S-215, Fire Safety Officer FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900  Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG).
 In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection
Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam
Committee
• Commissioner; CALBO
Outreach/Communications Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing
Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards
Committee

2.2.2.3 Resumes
AYLA JEFFERSON, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Rio Hondo College, CE, Bosphorous Univ, Turkey, Athanee Royal, Belgium Registrations/Certifications
• ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner, California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building Inspector CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial Plumbing Inspector, Residential Mechanical Inspector, California Residential Mechanical Inspector, Permit Technician
• IAPMO Plumbing, Mechanical Inspector
Highlights
Ms. Jefferson has over 25 years of experience in private and governmental sector. She has

BUILDING AND SAFETY SERVICES

2. PROJECT SUMMARY SECTION 2.10
extensive experience in managing building and safety departments of different municipalities under Transtech contracts. She has served as Building Official, Deputy Building Official, Plan Checker, Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and Inspector for various municipalities.

DENNIS TARANGO, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC, Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet.

JASON ROBBINS, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education • A.A. and A.S. Degrees; Cal State LA, Computer Science (In Progress) Registrations/Certifications
• ICC Certified Building Inspector, Commercial Building Inspector, Res. Combo, Building, Electrical, Mechanical, Plumbing Inspector, Permit Technician Highlights
Mr. Robbins has over 6 years of experience working in governmental environments. He is assigned to various Transtech Contract Cities. He has served as Permit Technician and as Building Inspector under Transtech’s contract cities, including at the City of Alhambra, City of South Pasadena, City of Temple City, City of Montebello, and City of Seal Beach. Mr. Robbins also has experience working alongside Los Angeles County Staff at City of Commerce as a Permit Technician.

BILL DORMAN, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education
• AS, Architecture - East Los Angeles College; BA, University of La Verne Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Building Inspector Highlights
Mr. Dorman has over 30 years of experience in Building and Safety. He serves as Building Official/Plan Checker/Inspector at various Transtech contract cities. He has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects. Prior to joining Transtech, he has served in various capacities, including as Building Official/Code Administrator for the City of Pasadena.

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2. PROJECT SUMMARY SECTION 2.11
JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector
Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm.

CEM AYAN, PE, ICC Certified Plans Examiner and Inspector Education
• M.S., B.S. in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
• ICC Certified Plans Examiner, Inspector
Highlights
• Experience includes working as Structural Design Engineer.

Mr. Ayan has approximately 20 years of experience in engineering and construction. He works at various Transtech Contract Cities as Plan Checker and Deputy Building Official. His experience also includes both working for a construction company as construction engineer and for consulting firms design firms as design/field construction engineer. His field construction experience includes site start-up, site grading/paving/concrete work, excavation, backfill, vertical survey, storm & wastewater collection, shallow/deep foundation, structural work, M&E, brick work, gable/hip/flat roof, interior/exterior architectural finish, and CM/PM activities.

CALVIN CHANG, PE, ICC Certified Plans Examiner
Education
• MS, BS Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
• ICC Certified Plans Examiner
Highlights
• Chinese Cantonese and Mandarin Speaker
• Extensive experience in Structural Plan Check
Mr. Chang has 30 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner. He has performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, Temple City, Huntington Park, San Manuel Indian Reservation and San Bernardino. Prior to joining Transtech, he was a Sr. Plans Examiner at the City of Burbank. Mr. Chang has extensive experience in Building Codes, code interpretations and resolving code related construction and plan check problems on a broad range of residential and commercial projects.

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2. PROJECT SUMMARY SECTION 2.12
ROBERT HERNANDEZ, ICC Certified Plans Examiner and Inspector Education
• Coastline College, Electrical and mech code classes; Fullerton College, Building construction cod.

Registrations/Certifications
• ICC Certified Plans Examiner, Inspector-Res Building, Commercial, Res Plumbing, Commercial Plumbing
Highlights
Mr. Hernandez has over 30 years of experience and has served as Inspector and Plan Checker.

His prior experience includes working for various cities as inspector and plan checker.

FRANKIE LOPEZ, ICC Certified Building Inspector
Education
• Los Angeles Trade Technical College L.A. Ca ; A/S Degree in Inspection Technology, and A/A Degree in Offset Printing
Registrations/Certifications
• ICC Building Inspector, ICC Residential Building Inspector, I.C.B.O. Certified-1985-16108, CalOES SAP Evaluator
Highlights
Mr. Lopez has over 28 years of experience as a Building Inspector for the City of Los Angeles.

His experience includes inspecting one- and two-family dwellings and inspecting foundations, electrical, heating, plumbing, framing (structural and non-structural), insulation, application of stucco, installation of roofing, and final completions on structures regarding residential homes.

Mr. Lopez, in the past, has also trained inspectors, assistant inspectors on all up to date municipal code changes. Mr. Lopez has completed several roofing, rain gutter installations, water sprinklers, heating/air conditioning and ductwork repair and installation projects. Prior to joining Transtech Engineers, Mr. Lopez worked as a Part Time Building Inspector for the Cities of Diamond Bar, San Dimas, San Gabriel, San Marino, Walnut and La Verne. His experience ranged from inspection of electrical, plumbing, or other foundation related work.

MICHAEL ROBERTS, CBO, MCP, ICC Certified Building Official, Plans Examiner and Inspector Education
• Associate of Applied Science, Building Inspection Technology – Chemeketa Community College, Salem Oregon
• Fire Code Administration, National Fire Academy – Emmitsburg, Maryland Registrations/Certifications
• ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector, Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector, Fire Code Inspector, Fire Inspector II • ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner, Fire Code Official
Highlights
Mr. Roberts has over 30 years of experience in municipalities, including governmental development administration. He has reached the highest possible level of code administration with the Master Code Professional designation certification from the International Code Council and has proven superior leadership abilities. He has served as Building Official, Community Development Director, Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal Consultant. Serving as a Building

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2. PROJECT SUMMARY SECTION 2.13
Official for many years, Mr. Roberts provided the necessary code interpretations, and coordinated with agency staff and departments, and applicants on building and safety related issues. He has vast knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees, and related interaction with members of the public, other city departments, and other governmental agencies.

NICHOLAS TARANGO, ICC Certified Building Inspector, Permit Technician Education
• Fullerton College
Registrations/Certifications
• ICC Permit Technician, Residential Building Inspector Highlights
Mr. Tarango’s experience includes working as a Permit Technician at local public agencies including City of South Pasadena and City of Alhambra. As a permit technician he performs preliminary review of permit applications and plan submittals for completeness and accuracy and determines appropriate fees. In addition, he also routes plans, issues permits, and manages logs and records, and provides information to the public relating to the status of projects and permits.

JEREMY REED, ICC Certified Building Inspector, Permit Technician Education
• Citrus College
Registrations/Certifications
• ICC Certified Building Inspector, Permit Tech
Highlights
Mr. Reed has over 5 years of experience working in governmental environments. He is assigned to various Transtech Contract Cities. Mr. Reed has served as a Permit Technician and a Building Inspector under contract cities such as City of South Pasadena, Alhambra, and Hawaiian Gardens. Some of Mr. Reeds roles as a building inspector include conducting building, electrical, mechanical, and plumbing inspections; ensuring that all proper documents are obtained prior to finalization of permits; and answering questions that contractors, developers, engineers, or homeowners may have regarding code requirements.

JONATHAN TARANGO, ICC Certified Building Inspector, CALGreen Inspector/Plans Examiner, Permit Technician
Education
• Construction Management, Fullerton College; General Education, Mount San Antonio College
Registrations/Certifications
• ICC Residential Building Inspector, Residential Plumbing Inspector, & Residential Electrical Inspector
Highlights
Mr. Tarango has over 8 years of City government experience working in many diverse communities. His experience includes working as a Building Inspector and Permit Technician at various Transtech contract cities.

CAN GOZUBUYUK, ICC Certified Inspector
Education
• MBA, Southern States University (SSU); BS, Engineering, Registrations/Certifications
• ICC Certified Residential Building Inspector, Residential Mechanical Inspector, Residential

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2. PROJECT SUMMARY SECTION 2.14
Plumbing Inspector,
Highlights
Mr. Gozubuyuk has been working in Transtech’s Building and Safety Department as a Building Inspector for various contract Cities. Mr. Gozubuyuk quickly gained his ICC Residential, Plumbing, and Mechanical Certifications and continuously serves as a Building Inspector for the City of South Pasadena, Seal Beach, Alhambra, Temple City. Huntington Park and many more. Some of his roles as a building inspector include conducting building, electrical, mechanical, and plumbing inspections; ensuring that all proper documents are obtained prior to finalization of permits; and answering questions that contractors, developers, engineers, or homeowners may have regarding code requirements.

STEVE RIVAS, ICC Certified Building Inspector, Permit Technician Education
• Engineering and Construction Technology, Mount San Antonio College (In progress) Registrations/Certifications
• ICC Certified Residential Building Inspector and Permit Technician Highlights
Mr. Rivas’ is working as a Permit Technician at the City of West Covina. Some of his major responsibilities include processing permit applications electronically and answering any questions applicants might have regarding the permit process. Mr. Rivas has a passion for knowledge. Since joining the Transtech Team, he has received his Permit Technician Certification and Residential Building Inspector Certification through ICC. He is currently training to conduct Field Inspections. Additionally, he collaborates and partners with the administrative team to accomplish responsibilities in support of Transtech’ s Building and Safety Department.

JULIE ROBBINS, ICC Certified Permit Technician
Education
• B.A., Political Science, University of La Verne
• Associates in Business Administration; Paralegal Education; Political Science; General Education; SCACEO Code Enforcement Courses, Rio Hondo Community College Registrations/Certifications
• ICC Certified Permit Technician
• CACEO Certified Code Enforcement Officer
Highlights
• Spanish Speaker
Mrs. Robbins has approximately 34 years of City Government and Building and Safety experience. Mrs. Robbins has been working in Transtech’s Building and Safety department in various contract cities performing various clerical and technical duties in support of Building Inspections, Plan Checkers, and the Building Official.

AMY CHAN, ICC Certified Permit Technician
Education
• B.A., Cal State, Long Beach
Registrations/Certifications
• Permit Tech, CalGreen Plans Examiner, and Inspector
Highlights
• Chinese Cantonese Speaker
Ms. Chan has approximately 5 years of City Government and Building and Safety experience.

Ms. Chan has been working in Transtech’s Building and Safety department in various contract cities performing various clerical and technical duties in support of Building Inspections, Plan Checkers, and the Building Official. Prior to working for Transtech Engineers Ms. Chan worked

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2. PROJECT SUMMARY SECTION 2.15
for the City of Arcadia as a Planning Intern. Some of her responsibilities included providing technical support to planning staff by conducting research, answering questions, and providing information to the public, preparing agendas and reports for review boards and meetings. During her time there, Ms. Chan examined various types of applications received from the city (i.e. rebuilding, modifications, etc.), wrote up conditional use, approval, and staff report letters, and working on updates regarding the general plan, zoning, and municipal codes.

NATHAN ESTABROOK, ICC Certified Permit Technician
Education
• B.S., Cal State, Fullerton
Registrations/Certifications
• ICC Certified Permit Technician, First Aid CPR and BLS Certified Highlights
Mr. Estabrook is working as a Permit Technician at the City of West Covina. Some of his responsibilities include processing permit applications and performing technical work for permit applications. He performs clerical work that supports the operations involved with the issuance and coordination of the building inspection and permit process. He also ensures that all necessary approvals are obtained. Mr. Estabrook is constantly interacting with the general public and serves as the first point of contact for the public to answer their questions and clarifications. Before becoming a Permit Technician, Mr. Estabrook served as a Go Post Technician at the Corporate Office where he scheduled inspections, responded to emails, and reviewed plans coming into the Go Post/EPR Software.

GREGORY AHERN, ICC Certified Inspector, ICC Certified Fire Inspector Education
• Associates of Science Degree – Public Works Construction - Citrus Community College • FT 101: Fire Protection Organization, FT 102: Fire Prevention Technology, FT 103: Fire Protection Equipment System, FT104: Building Construction/Fire Protection, FT 105: Fire Behavior & Combustion – Hancock Community College
Registrations/Certifications
• ICC Certified Residential Building Inspector, ICC Certified Residential Mechanical Inspector, ICC Certified Residential Plumbing Inspector. ICC Fire Inspector I, ICC California UST Inspector Certification
• Hazardous Waste Operator and Emergency Operations Certification (HAZWOPER) • Aboveground Petroleum Storage Tank Inspector Certification EPA (APSA) Highlights
Mr. Ahern has over twenty years’ experience inspecting commercial development in the City of Glendale. He has in depth experience inspecting high rise mixed use development projects, as well as industrial projects.

JOHN TUFAN, ICC Permit Technician, CalGreen Inspector/Plans Examiner Education
• BA Public Administration
• University of Redlands MA in Management
Registrations/Certifications
• ICC Permit Technician
Highlights
Mr. Tufan has been working in Transtech’s Building and Safety Department and performing various clerical and technical duties in support of Building Inspection, Plan Checkers and Building Officials. Mr. Tufan acquired his ICC Permit Technician Certification and has worked in various contract cities including City of Alhambra, South Pasadena, Placentia, Commerce,

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2. PROJECT SUMMARY SECTION 2.16
Bell and many more. In addition to this, Mr. Tufan supports Transtech’s Engineering Department in various contract cities such as West Covina, South El Monte, Banning and Big Bear.

RONALD L. GRIESINGER, Fire Marshal, Fire Plan Checker
Education
• Cabrillo College, CA
• Fire Science Technology
Registrations/Certifications
• California State Fire Marshall Certifications: Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms.

Fire control 3, S-230 S-231 S-215, Fire Safety Officer
• FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900 • ICC Certified Green Building Professional
Highlights
Mr. Griesinger has 24 years of experience. His prior Public Agency Experience includes:

Riverside County Fire Department, CA, Fire Safety Specialist; City of Watsonville, CA, Fire Life Safety Officer; Boulder Creek Fire Protection District, CA; Firefighter / Engineer / Deputy Fire Marshal; Scotts Valley Fire Protection District, CA, Interim Deputy Fire Marshal; Fire Management Consulting.

Subconsultants:
• SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) Geo-Advantec, Inc. offers comprehensive services in various areas from site feasibility evaluation thought project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng. Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers.

Transtech uses this subconsultant in several other cities, including in West Covina. • LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. www.withersandsandgren.com) Withers & Sandgren has been involved in providing varying levels of support to Community Development Departments for over twenty years. The firm has provided counter support for walk in plan reviews, been monthly Design Review Committee attendees, as well as presenters with planning staff to Planning Commissions and City Councils.

Transtech uses this subconsultant in several other cities, including in West Covina.

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2. PROJECT SUMMARY SECTION 2.17

2.3 Transtech’s Involvement in the City
Supporting civic and community activities demonstrates Transtech’s commitment to the progress, health, and well-being of the communities we serve. This is something that we take pride in as a company. In services and partnership with our client Cities, we have a proven record of active engagement in City and Community events. This includes involvement or presence at City programs or events, supporting local businesses through the chamber, youth events, hosting workshops, sports, scholarship opportunities, community service, managing homelessness challenges, public safety, crime prevention, or any other community benefit that the City wishes us to be a part of.

Our goal is not just to serve as a consultant (which is what we are best at) but to also be an active partner with our clients and further enhance the City’s reputation as an ideal community to live, invest, work, and play. We are deeply committed to maintaining our partnership with our valued customers, its community, and remain open and enthusiastic to receiving input on how to best serve the City's needs today and in the future.

Community Activities in West Covina: Transtech is actively engaged with the City of West Covina and neighboring communities. Below is a list of some of the West Covina related community programs we are proud to be part of:
 State of the City and School Districts Update
 Public Safety Awards Recognition Luncheon
 Adopt a Senior Donation Program
 2021 State of the City
 2022 Spring Festival
 2022 Anniversary Banquet
 2022 Easter Party
 Team Building Events
 4th of July Hero's Parade and Street Fair
 2022 State of the City
 West Covina Regional Mega Health and Wellness Fair
Following are some other examples of our CBE programs that we have been part of throughout the Southern California Region:

Traffic Engineering Workshop &
Pedestrian School Safety
Discussion
High School Enlistee
Recognition Ceremony Through
“Our Community Salutes”
Cal Poly Pomona's Transtech
Engineers Scholarship Program
Embracing Latina Leadership
Alliances (ELLAS)

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2. PROJECT SUMMARY SECTION 2.18
Transtech’s First Responders Appreciation Initiative:

Giving back to the communities we serve is part of our service philosophy. In response to the global pandemic and the many challenges local businesses experienced, the Transtech Engineers team developed and implemented a unique First Responders Appreciation Initiative that collaborates with local Chambers, supports local restaurants, and appreciates our community’s First Responders. The Transtech team personally picks up the meal orders and delivers them to our First Responders. So far to date, we are proud to share that Transtech’s First Responders Appreciation Initiative has provided over 350 meals and beverages from 13 local restaurants in 8 cities serving 6 Police/Sheriff Stations and 13 Fire Stations.

Youth Committee Pedestrian
Safety Booth
Girls Leadership & Mentoring
(GLAM) Workshop at Magnolia
Science Academy
STEM Workshop at The Annual
Geranium Festival & Artwork
STEM Booth at the Concerts
in The Park

3. METHODOLOGY

SECTION

BUILDING AND SAFETY

SERVICES

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3. METHODOLOGY SECTION 3.1

3.1 Service Methodology
Plan Check Processing:

When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with plan checker to review the schedule, workload, performance, and identify actions, including assigning additional staff, if necessary, to ensure timely completion of assignment.

Plan Check Coordination:
• Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This pro-active approach reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by producing a better set of plans during plan review process.

Especially, when the applicant is a homeowner trying to improve his/her property, this policy often demonstrates early on that the City really is here to help.

Approach to Meeting with Applicants:

Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants.

Expedited/Off-Business Hours/Weekend Services:

If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends.

Quick Turn Around and Expedited Service:

Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals.

Weekend, Holiday & Atter Work Inspection:

Transtech is readily available and has the resources to provide weekend, holiday, and after-work hour inspections as requested by the City Manager or designee.

Emergency Response:

In the event of a local or regional emergency or disaster, our staff will be accessible to provide Building and Safety services as directed by the City. All of our building officials and inspectors have gone through extensive training to be SAP Evaluator and registered with the State of California Safety Assessment Program.

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3. METHODOLOGY SECTION 3.2
Training Program:

We offer any City staff, who are involved in inspection, plan check and permit issuance, an option to participate in our training program for code updates and process, as well as ICC certification training.

Employment Opportunities for Local Residents:

If the City selects Transtech, we will seek applicants from local residents for employment possibilities at our firm and offer training for various administrative and technical support positions.

Other Services:

Transtech is a full-service municipal consulting firm that currently provides a variety of different city services for public agencies. We understand that Transtech would be responsible for all correspondence related to activities of the Building and Safety Division. In addition, Transtech would respond to any complaints, perform investigations, provide problem-solving methods for unique or challenging plan check or code interpretation issues, provide report writing and policy & procedure recommendations, and attend City Council and Commission meetings as requested by the City Manager or designee.

Electronic Plan Check:
• Transtech provides Electronic Plan Check.
• Sample of one of our electronic plan check portals:

West Covina
https://gopost-transtech.eplansoftreview.com/#/login?portal=westcovinabldg Virtual Counter:
• We offer virtual meetings with plan checkers.
• Sample of one of our virtual plan check counter appointment calendar:

South Pasadena Virtual Plan checker
https://outlook.office365.com/owa/calendar/[email protected]/bookings/

3.2 Sample Electronic Plan Checks
 Following pages include sample snap shots of various types of electronic plan checks.

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3. METHODOLOGY SECTION 3.3

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3. METHODOLOGY SECTION 3.4

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3. METHODOLOGY SECTION 3.5

4. EXCLUDED OR

SUBCONTRACTED

SERVICES

BUILDING AND SAFETY

SERVICES

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4. EXCLUDED OR SUBCONTRACTED SERVICES 4.1
There are no excluded services. Transtech will provide all requested services.

Following services will be subcontracted:
• SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) Geo-Advantec, Inc. offers comprehensive services in various areas from site feasibility evaluation thought project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng.

Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers.

Transtech uses this subconsultant in several other cities, including in West Covina.

5. LIST OF

SIMILAR

SERVICES

COMPLETED

BUILDING AND SAFETY

SERVICES

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5. LIST OF SIMILAR SERVICES COMPLETED 5.1

5.1 Examples of Similar Projects
Following are few Sample Projects Representative of Transtech’s Experience in Requested Services:

Agency: CITY OF WEST COVINA
Project: Vincent Residential Development (Valuation $32 m).

This development includes 119-unit residential homes.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.