Agenda packet, regular meeting — West Covina City Council, October 17, 2023

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 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 OCTOBER 17, 2023, 7:00 PM

REGULAR MEETING

INVOCATION
Led by Rabbi Ralph Resnick from Temple Ami Shalom

PLEDGE OF ALLEGIANCE
Led by Councilman Lopez-Viado

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Update by the San Gabriel Valley Council of Governments 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 OCTOBER 3, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE OCTOBER 3, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

Consideration of Approval of the October 3, 2023, City Council/Successor Agency Regular Session Meeting Minutes and the October 3, 2023, City Council/Successor Agency Regular Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) REQUEST FOR CONSIDERATION FROM MAYOR DIAZ ADOPTING RESOLUTION 2023-81

DENOUNCING ANTISEMITISM AND ALL FORMS OF HATRED
It is recommended that the City Council adopt the following resolution:

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

RESOLUTION NO. 2023-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, DENOUNCING ANTISEMITISM AND ALL FORMS OF HATRED

COMMUNITY DEVELOPMENT
3) FIRST ONE-YEAR EXTENSION OF TIME FOR PRECISE PLAN NO. 20-08 AND TENTATIVE PARCEL MAP NO. 83444 AT 1211 E. BADILLO STREET (DELIVERY STATION) It is recommended that the City Council approve the first one-year extension of time for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444.
4) CONSIDERATION OF FINAL TRACT MAP NO. 83576
LOCATION: 1912 WEST MERCED AVENUE
SUBDIVIDER: RC HOMES, INC.

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

RESOLUTION NO. 2023-80 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 83576 LOCATED AT 1912 W. MERCED AVENUE
5) CONSIDERATION OF ACCEPTANCE OF WORK ON AZUSA AVENUE SEWER LIFT STATION UPGRADES PROJECT – PROJECT NO. U-17022
It is recommended that the City Council take the following actions:

1. Accept the work performed by Pyramid Building & Engineering, Inc. for the Azusa Avenue Sewer Lift Station Upgrades Project (Project No. U-17022), with a final contract amount of $3,692,129.16; and

2. Authorize the release of retention funds once appropriate.

FINANCE DEPARTMENT
6) CONSIDERATION OF THE FOURTH QUARTER FINANCIAL REPORT AND BUDGET AMENDMENT FOR FISCAL YEAR 2022-23
It is recommended that the City Council take the following actions:

1. Receive and file the Fourth Quarter Financial Report for Fiscal Year 2022-23; and

2. Adopt the following resolution:

RESOLUTION NO. 2023-79 - 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 (FOURTH

QUARTER FINANCIAL REPORT)

POLICE DEPARTMENT
7) CONSIDERATION OF 2023-24 OFFICE OF TRAFFIC SAFETY (OTS) GRANT It is recommended that the City Council take the following actions:

1. Accept the 2023-24 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) reimbursable grant (#PT24218), and authorize the Acting City Manager and staff designees to execute all grant related documents, in such form as approved by the City Attorney; and

2. Adopt the attached resolution authorizing the necessary budget amendments:

RESOLUTION NO. 2023-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 (2023-2024

OFFICE OF TRAFFIC SAFETY GRANT)

PUBLIC SERVICES
8) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES

COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FOR

COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE It is recommended that the City Council authorize the Acting City Manager to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for collecting and reporting data for the National Transit Database (NTD), in substantially the form as attached and in such final form as approved by the City Attorney.
9) CONSIDERATION OF THE WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL YEAR 2022-2023 ANNUAL REPORT
It is recommended that the Board of Directors of the West Covina Community Services Foundation receive and file this report.

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS

PUBLIC SERVICES
10) REQUEST FOR REVIEW OF SPORTS COUNCIL BYLAWS AND FACILITY ALLOCATION

PROCEDURES FROM COUNCILMAN TONY WU
It is recommended that the City Council discuss and provide direction.

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
Next Tentative City Council Meeting
Regular Meeting November 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: October 17, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF THE OCTOBER 3, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE OCTOBER 3, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

BACKGROUND:

That the City Council adopt the attached minutes.

Prepared by: Lisa Sherrick; Assistant City Clerk
Attachments
Attachment No. 1 - 10/3/2023 Closed Session Minutes Draft Attachment No. 2 - 10/3/2023 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 3, 2023, 6:00 PM

REGULAR MEETING - CLOSED SESSION
MANAGEMENT RESOURCE CENTER 3RD FLOOR
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

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Rosario Diaz on Tuesday, October 3rd, 2023, at 6:02 p.m., in the Management Resource Center Conference Room Chambers, 1444 West Garvey Avenue South, West Covina, California.

ROLL CALL
Council Members

Present: Council Members Tony Wu, Ollie Cantos, Letty Lopez Viado, Mayor Pro Tem Brian Tabatabai, Mayor Rosario Diaz

PUBLIC COMMENTS ON ITEMS ON THE AGENDA
Council Members

Absent: None
City Staff: Paulina Morales, Acting City Manager, Thomas Duarte, City Attorney, ATTACHMENT NO. 1
Roxanne Lerma, Assistant City Manager, Stephanie Sikkema, Finance Director and Interim Human Resources and Risk Management Director, Tony Cortina, Acting Police Chief, Officer Sam Ling, West Covina Police Department, Officer Joseph Mello, West Covina Police Department, Gary Kranker, with Jones & Meyer.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code § 54956.9(d)(4)
Number of Cases: One (1)
The following three cases were added to the agenda pursuant to Government Code § 54954.2(b)
• ACTION: Motion by Councilwoman Lopez-Viado, Second by Mayor Diaz 5-0 to: add one anticipate litigation case.

2. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Government Code § 54957.6
City Negotiators: Morales, Duarte
Employee Organizations
• Confidential Employees
• Maintenance & Crafts Employees
• Non-Sworn
• W.C. Police Officers’ Association
• W.C. Firefighters’ Management Assoc.
• W.C. Firefighters’ Association, I.A.F.F., Local 3226
• General Employees
• Mid-Management Employees
• W.C. Police Management Association
Unrepresented Employee Group
• Department Heads

ADJOURNMENT
A motion to adjourn the Closed Session Meeting was made by Mayor Diaz and the meeting was adjourned at 6:50 pm. The next regularly scheduled Closed Session City Council Meeting will be held on Tuesday October 17, 2023, at 6:00 p.m. in the Management Resource Center, 3rd Floor, 1444 West Garvey Avenue South, West Covina, California.

ATTACHMENT NO. 1

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

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 3, 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

MINUTES

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Rosario Diaz on Tuesday, October 3
rd 2023, at 7:09 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California

INVOCATION
Led by Pastor Kelly Dupee from Faith Community Church
ATTACHMENT NO. 2

PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Tabatabai

ROLL CALL

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

REPORTING OUT FROM CLOSED SESSION
With regard to anticipated litigation, on a vote of 4-1 Tabatabai voting no, Council directed staff to join the lawsuit entitled City of Whittier v. Superior Court regarding bail schedules.

PRESENTATIONS
• Proclamation Recognizing Fire Prevention Week
• Proclamation Recognizing Nation Breast Cancer Awareness Day • Proclamation Recognizing National Community Planning Month ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker
Armando Herman
John Carson
Bob Ryan
Jerri Potras
Irma Parrilla Tabatabai
Douglas Fore
R. Robinson
Armando Sanchez
David Schwartz
Wen Wen Zhang
Jorge Ortega
Mr. G

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

CONSENT CALENDAR
ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 5-0 to: Approve Consent Calendar Items 1-3

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE SEPTEMBER 19, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE SEPTEMBER 19, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

ATTACHMENT NO. 2

Carried 5-0 to: Approve of the September 19, 2023, City Council/Successor Agency Regular Session Meeting Minutes and the September 19, 2023, City Council/Successor Agency Regular Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF PROPOSED APPOINTMENT OF CODE ENFORCEMENT

DIRECTOR
Carried 5-0 to: Ratify the appointment of Milan Mrakich to the position of Code Enforcement Director effective July 22, 2023.
3) CONSIDERATION OF COMMISSIONER APPOINTMENTS TO THE HUMAN

RESOURCES COMMISSION AND THE COMMUNITY AND SENIOR SERVICES

COMMISSION
Carried 5-0 to: Receive and file this informational report.

DEPARTMENTAL REGULAR MATTERS
4) BUS SHELTER IMPROVEMENT CONSIDERATION
ACTION: Motion by Councilman Wu, Second by Councilman Cantos 5-0 to:
request the City initiate discussion with Foothill Transit regarding bus shelters, including prioritizing the safety and locations that are in the highest need, analyze our funding source along with any funding that Foothill Transit could contribute and begin design to update the bus shelters within the City.

CITY CLERK'S OFFICE
5) CONSIDERATION OF APPOINTMENTS TO THE AUDIT COMMITTEE

ACTION: Motion by Councilman Wu, Second by Mayor Diaz 5-0 to:
• Reappoint David Lin to the Audit Committee to serve a two-year term.

ACTION: Motion by Mayor Diaz, Second by Councilman Wu 2-3 (Abstain:

Cantos, No: Lopez-Viado, Tabatabai, No) to:
• Appoint David Paredes to the Audit Committee to serve a two-year term.

CITY MANAGER'S OFFICE
ATTACHMENT NO. 2
6) CONSIDERATION OF REORGANIZATION CITY DEPARTMENTS

ACTION: Motion by Councilman Cantos, Second by Councilman Wu Diaz 5-0 to: approve staff's proposed reorganization of departments and add a place holder to oversee the SportsPlex.

MAYOR/COUNCILMEMBERS REPORTS
• Mayor Diaz reported that she attended the League of California Conference participating in various workshops.
• Councilman Cantos also reported that he also attended the League of California Conference and participated in various workshops.

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES, OR INVESTIGATION None

CITY COUNCIL COMMENTS
• Councilman Wu stated that the Touch a Truck, State of the City, and the Moon Festival events were very successful thanked staff and CAAWC. • Mayor Diaz congratulated Pastor Samuel Martinez on becoming a grandfather, wished Rhea Zelaya a happy birthday, and thanked staff for the State of the City.

ADJOURNMENT
A motion to adjourn the Regular Meeting was made by Mayor Diaz, and the meeting was adjourned at 9:59 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, October 17, 2023, at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.

AGENDA ITEM NO. 2

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: October 17, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: REQUEST FOR CONSIDERATION FROM MAYOR DIAZ ADOPTING RESOLUTION 2023-81 DENOUNCING ANTISEMITISM AND ALL FORMS OF HATRED RECOMMENDATION:

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

RESOLUTION NO. 2023-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, DENOUNCING ANTISEMITISM AND ALL FORMS OF HATRED BACKGROUND:

The Los Angeles County Commission on Human Relations’ 2021 Hate Crime Report showed religiously motivated crimes increased 29% from the prior year, with 74% of such crimes targeting the Jewish community. The California Attorney General’s 2021 “Hate Crime in California” Report shows that hate crimes reported in California increased 32.6% over the prior year and remain at their highest level since 2001 according to the California Department of Justice, with anti-Jewish bias events increasing 32.2% from 115 to 152 incidents from 2020 to 2021.

In the past several years, violent crimes, threats of violence, and targeting of religious, racial, and ethnic minorities have increased across the United States. The City of West Covina affirms that hatred and bias in any form are not acceptable in our community, and remains committed to our vision of welcoming and serving the people of West Covina in order to create a community that offers a high quality of life.

DISCUSSION:

Per the City Council Standing Rules, Mayor Diaz requested staff to return to the City Council with a resolution denouncing antisemitism and all forms of hate.

LEGAL REVIEW:

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

Attachments
Attachment No. 1 - Resolution No. 2023-81
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1
RESOLUTION NO. 2023-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, DENOUNCING

ANTISEMITISM AND ALL FORMS OF HATRED
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, the City of West Covina is committed to inclusion and advancement of diversity and equity for people of all races, ethnicities, national origins, religions, ages, genders, and backgrounds; and
WHEREAS, the City of West Covina takes great pride in diversity and respect for all people, recognizing our diversity as a key strength for the City and our character; and WHEREAS, the City of West Covina supports national, state, and local government efforts directed at eradicating antisemitism and all forms of hatred, and supports expanded education programs in order to counter intolerance and discrimination; and
WHEREAS, the City of West Covina condemns antisemitism in all its forms, including hatred and prejudice directed toward Jewish community members; stereotypes or conspiracy theories about Jews; Holocaust denial or distortion; and extremist indoctrination or recruitment related to any form of antisemitism; and WHEREAS, the City of West Covina affirms that hatred and bias in any form are not acceptable in our community, and remains committed to our vision of welcoming and serving the people of West Covina in order to create a community that offers a high quality of life; and
WHEREAS, in the past several years, violent crimes, threats of violence, and targeting of religious, racial, and ethnic minorities have increased across the United States; and
WHEREAS, the Los Angeles County Commission on Human Relations’ 2021 Hate Crime Report showed religiously motivated crimes increased 29% from the prior year, with 74% of such crimes targeting the Jewish community; and WHEREAS, the California Attorney General’s 2021 “Hate Crime in California” Report shows that hate crimes reported in California increased 32.6% over the prior year and remain at their highest level since 2001, with anti-Jewish bias events increasing

32.2% from 115 to 152 incidents from 2020 to 2021; and
WHEREAS, in November 2022, FBI Director Christopher Wray stated, “63% of religious hate crimes are motivated by antisemitism—targeting a group that makes up just 2.4% of our population”; and
WHEREAS, the City of West Covina, on behalf of its citizens and as supporters and allies of our Jewish community, condemns antisemitism and strongly stands against hate, bias, or violence based on identity and remains committed to promoting an atmosphere or acceptance, tolerance, and respect in the community.

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

SECTION 1. The City of West Covina condemns all forms of hate, racism, and violence perpetrated, tolerated, or encouraged by any group or individual.

SECTION 2. The City of West Covina supports our Jewish community members and condemns racism, intolerance, hate, and violent attacks against them.

SECTION 3. The City of West Covina calls upon all West Covina residents to speak out against acts of hate, bullying, discrimination, and violence.

SECTION 4. The City of West Covina recognizes the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism as “a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
SECTION 5. The City of West Covina will continue to work alongside the American Jewish Committee, the Anti-Defamation League, the United States Conference of Mayors, and the Jewish Federation of the Greater San Gabriel and Pomona Valleys to combat and denounce antisemitism.

SECTION 6. The City of West Covina is committed to protecting all residents and families no matter their ethnicity, national origin, race, faith, sexual orientation, or gender, and is committed to inclusion and advancing equity and justice for all people, as every person in West Covina deserves to be treated fairly, with dignity, and to have their humanity, existence, history, and contributions valued.

SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of October, 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. 2023-81 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 October, 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: October 17, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: FIRST ONE-YEAR EXTENSION OF TIME FOR PRECISE PLAN NO. 20-08 AND TENTATIVE PARCEL MAP NO. 83444 AT 1211 E. BADILLO STREET (DELIVERY

STATION)
RECOMMENDATION:

It is recommended that the City Council approve the first one-year extension of time for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444.

BACKGROUND:

At its meeting of October 19, 2021, the City Council approved Precise Plan No. 20-08, Tree Removal Permit No. 21-12, and Tentative Parcel Map No. 83444, along with General Plan Amendment No. 20-03 (changed the land-use designation from Civic: Public Institution to Industrial), Zone Change No. 20-04 (changed the zoning from SP-11: Faith Community Church to Manufacturing M-1), Development Agreement No. 21-01, and the certification of the project Mitigated Negative Declaration of Environmental Impact, which allowed for the remodeling and revitalization of an existing 177,440 square-foot building and change of use from a church to a delivery station. The City Council adopted/approved ordinances and resolutions are included in the staff report as Attachment No. 1.

The applicant is requesting the first one (1)-year extension for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444.

DISCUSSION:

The General Plan Amendment, Zone Change, and Development Agreement are in effect and do not expire unless revised through a separate resolution and ordinance. The approved Precise Plan and Tentative Parcel Map are valid for a two-year time period from the approval date and are due to expire on October 19, 2023, unless an extension of time is granted.

On September 11, 2023, Dean Navarro, representing the owner, submitted a letter (Attachment No. 2) requesting an extension of time for the approved entitlements due to leasing challenges for the property.

The tenant that the property owner initially partnered with for the entitlement opted not to move forward with the project. The property owner is currently in the market to find a new tenant.

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Jo-Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:

Under the approved Development Agreement, the Property Owner agrees to pay a total of $5,600,000 as the total Development Fee during the term of the agreement:

A one-time lump sum Development Fee in the amount of $2,000,000 to the City at issuance of the Final Certificate of Occupancy, which is to be used to provide Community Benefits.

Twelve annual payments of $100,000 to the City, starting with issuance of the Final Certificate of Occupancy, which are to be used to provide Community Benefits.

Twelve annual payments of $200,000 to the City to supplement the General Fund starting with issuance of the Final Certificate of Occupancy.

The table below outlines these payments over the twelve years.

Trigger Community Benefits General Fund Total
Final Certificate of
Occupancy $2,100,000 $200,000 $2,300,000
Year 2 $100,000 $200,000 $300,000
Year 3 $100,000 $200,000 $300,000
Year 4 $100,000 $200,000 $300,000
Year 5 $100,000 $200,000 $300,000
Year 6 $100,000 $200,000 $300,000
Year 7 $100,000 $200,000 $300,000
Year 8 $100,000 $200,000 $300,000
Year 9 $100,000 $200,000 $300,000
Year 10 $100,000 $200,000 $300,000
Year 11 $100,000 $200,000 $300,000
Year 12 $100,000 $200,000 $300,000
Total $3,200,000 $2,400,000 $5,600,000
Attachments
Attachment No. 1 - Adopted Ordinances and Resolutions for Project Attachment No. 2 - Extension of Time Request Letter
CITY COUNCIL GOALS & OBJECTIVES: Expand Economic Development Opportunities Enhance City Image and Effectiveness
ATTACHMENT NO. 1

Mitigation Monitoring & Reporting Program
Initial Study / Mitigated Negative Declaration
Amazon Delivery Station DAX9 Project
(GPA No. 20‐3, ZC No. 20‐04, PP 20‐008)
SCH No. 2021070230
City of West Covina
Planning Division
1444 West Garvey Avenue South
West Covina, CA 91790
Contact: Jo-Anne Burns, Planning Manager
Email: [email protected]
Phone: (626) 939-8761

September 16, 2021
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx i Table of Contents

TABLE OF CONTENTS
Section Page
Mitigation Monitoring and Reporting Program .......................................................................... 1

1. Introduction ............................................................................................... 1

2. Mitigation Monitoring Procedures............................................................... 1

3. Mitigation Monitoring and Reporting Program ............................................ 1

4. Project Location .......................................................................................... 2

5. Project Description Summary ..................................................................... 2

Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx ii Table of Contents Acronym List
The following acronyms are used in the Mitigation Monitoring and Reporting Matrix:

A
AES Aesthetics
AQ Air Quality
B
BIO Biological Resources
BMP Best Management Practice
C
CALGreen Green Building Standards Code
CalOSHA California Occupational Safety and Health Administration CBC California Building Code
CCR California Code of Regulations
CEQA California Environmental Quality Act
City City of West Covina
Council City of West Covina City Council
CUL Cultural Resources
D
DIF Development Impact Fee
DTSC Department of Toxic Substances Control
E
ENE Energy
G
GEO Geology and Soils
H
HAZ Hazards and Hazardous Materials
HYD Hydrology and Water Quality
I
I Interstate
L
LACSD Los Angeles County Sanitation District
LID Low-Impact Development
M
MBTA Migratory Bird Treaty Act
MLD Most Likely Descendent
MMRP Mitigation Monitoring and Reporting Program
N
NAHC Native American Heritage Commission

NOI NOI
NPDES National Pollutant Discharge Elimination System
P
PRD Permit Registration Document
PS Public Services
R
ROW Right-of-Way
S
SUSMP Standard Urban Stormwater Mitigation Plan
SWPPP Storm Water Pollution Prevention Plan
T
TCR Tribal Cultural Resources
TRA Transportation
U
UTL Utilities and Service Systems
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 1 Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM

1. INTRODUCTION
In accordance with the requirements of Section 21081.6 of the California Public Resources Code, and as part of its certification of the adequacy of Final Mitigated Negative Declaration (Final MND) for the Amazon Delivery Station DAX9 Project (Project), the City Council (Council) of the City of West Covina (City) adopts the following Mitigation Monitoring and Reporting Program (MMRP). The Council adopts this MMRP in its capacity as the lead agency for the Final MND in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), and the City of West Covina Monitoring Requirements.

2. MITIGATION MONITORING PROCEDURES
The principal purpose of the MMRP is to ensure that the Council-approved mitigation measures and development requirements for the adopted Project are reported and monitored to ensure compliance with the measures’ requirements. In general, City of West Covina, Community Development Department is responsible for overseeing implementation and completion of the adopted measures. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the attached MMRP Table. However, the City Council retains overall responsibility for verifying implementation of all adopted mitigation measures.

3. MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP is provided in tabular format to facilitate effective tracking and documentation of the status of mitigation measures regulatory requirements. The attached MMRP Table provides the following monitoring information:
 Regulatory Requirements. All adopted regulatory requirements for the Project from the Final MND are included.
 Mitigation Measures. All adopted mitigation measures for the Project from the Final MND are included.
 Responsible for Implementation. The Project Applicant or designated representative is the responsible party for implementing the mitigation measures and regulatory requirements, and the City of West Covina or a designated representative is responsible for monitoring implementation of the mitigation measures and regulatory requirements, unless noted differently.
 Timing of Mitigation Measures and Regulatory Requirements. A time frame is provided for performance of the mitigation measures and regulatory requirements, and the specific action deadline is designed to ensure that impact-related components do not proceed without establishing that the mitigation measure or regulatory requirement is implemented.  Responsibility for Monitoring. The City Department(s) or other public agency(ies) responsible for overseeing the implementation and completion of mitigation measures and regulatory requirements is listed.
 Completion Date. The dates the mitigation measures and regulatory requirements are completed are to be filled in by the approving/verifying authority at a later date. Upon Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 2 Mitigation Monitoring and Reporting Program completion, the MMRP and associated documentation will be kept on file at the City of West Covina Community Development Department, Planning Division.

4. PROJECT LOCATION
The approximate 21.22-acre Project site is in the City of West Covina, in Los Angeles County, California. The site is located at 1211 East Badillo Street (current address), Badillo Road and south of East San Bernardino Road. The Project Applicant is proposing to change the building address to 1200 West San Bernardino Road. The site is located within the northern portion of the City and is approximately 1.0 mile north of Interstate 10 (I-10) Freeway, which provides regional access. Local access to the site is provided via east-west routes by San Bernardino Road and Badillo Street.

5. PROJECT DESCRIPTION SUMMARY
Amazon Inc., through its development partner, Greenlaw Partners, is seeking to locate in the City of West Covina (City) and repurpose the proposed Project site for a last mile delivery station. Delivery stations power the last mile of the order fulfillment process and help to speed up deliveries for customers. Packages are transported to delivery stations via trailer trucks (18 wheelers) from Amazon fulfillment and sortation centers and are sorted, picked, and loaded into delivery vehicles.

The packages would (1) enter the facility through the loading dock positions; (2) be sorted from a conveyor area; (3) be stored on mobile “Baker Racks”; and (4) be rolled to the delivery van loading area.

The proposed Project involves the revitalization and modernization of the existing on-site building.

The footprint for the structure would not change. The proposed building improvements on-site include demolition of portions of the tilt up walls for proposed dock door openings, as well as existing non-load bearing walls, plumbing, electrical, an existing mezzanine, and existing storefront for new roll up drive in/drive out doors. Eight new loading dock spaces/doors (at a higher height than existing doors and six new exterior overhead van doors (north and south elevations) would be installed. Construction work would include structural improvements, electrical, mechanical, plumbing, and overall site work. Two 12-foot high screen walls would be constructed, one south of the approach driveway and adjacent to the loading dock area (525 feet including a 26-foot wide gate) and one north of the loading dock area (271.9 feet including a 26-foot wide gate). The material for the 12-foot high walls includes a standard Concrete Masonry Unit, which is to be painted a matching color to the main building.

Interior modifications would include demolition of interior walls. Exterior property work would include removal of the playground area, pavement restriping, new directional striping and reconfiguration of the parking layouts, new smoker shelter at the north/east corner of the building, a new rideshare shelter, standard site directional and operational signage, and building mounted signage.

Other proposed modifications/improvements include relocation of existing on-site fire hydrants, and installation of platforms that are to be constructed at the truck court. New site fencing and gates would be located around the employee parking area on the west side of the building and no new fencing or gates would be installed around the perimeter of the site. Curb repair is also proposed, as well regrading for the van exit location at East San Bernardino Road in order to fix existing drainage low spots. This would include construction of new low impact development (LID) Stormwater Treatment Best Management Practices (BMPs) on the north side of the existing building. Additionally, all existing light poles would be removed and new fixtures, pole bases, light poles, and building mounted lighting would be installed in accordance with City lighting requirements and illumination standards.

Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 3 Mitigation Monitoring and Reporting Program The landscape design is proposed to bring the site into closer conformance with the State’s Water Efficient Landscape Ordinance (WELO). Renovation of the site would include removal of high-water use, trees, and shrubs. The proposed new landscape plant pallet includes a mix of drought tolerant shrubs, grasses, and ground cover, as well as a variety of shade trees to be used throughout the parking area and around the perimeter of the site. The new irrigation would adhere to the requirements found in WELO and the City’s landscape and irrigation guidelines for commercial and industrial properties.

Existing parking areas would be restriped, and barriers would be erected to separate truck traffic from passenger traffic beyond the westernmost driveway to East San Bernardino Road. A total of 811 parking spaces would be provided — 185 for passenger vehicles and 626 for vans. Eight loading docks are to be located on the west side of the building and a hardscape (or partially paved) courtyard on the east side of the building would be converted to stage delivery vehicles prior to entering the south side of the building for loading.

5.1 Construction Program
Property improvement activities are anticipated to occur over a 5- to 6-month timeframe and take place 5 days a week, in accordance with the City’s permitted hours of operation.

Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 4 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
AESTHETICSRegulatory RequirementsRR AES‐1 Project design would be required to comply with Section 26-26-542, Manufacturing (M-14) Zone, of the West Covina Municipal Code. The City shall review and approve the Project’s design and operational plans, with consideration to elements including, but not limited to, orientation of buildings and uses, air quality, parking, traffic generation, noise/vibration, glare, and landscaping.

Project Applicant/ Developer
Design review City Planning
Department
RR AES‐2 Exterior lighting for the Project shall be designed and constructed in compliance with Section 26.519, Lighting, of the West Covina Municipal Code.

Project Applicant/ Developer
Design review City Public Works,
Building and Safety Services Department
AIR QUALITYRegulatory RequirementsRR AQ‐1 All construction activities shall be conducted in compliance with South Coast Air Quality Management
District’s Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. Contractor compliance with Rule 403 requirements shall be mandated in the contractor’s specifications.

Project Contractor During construction City Public Works, Building and Safety Services Department
RR AQ‐2 All construction activities shall be conducted in compliance with South Coast Air Quality Management
District Rule 402, Nuisance, which states that a project shall not “discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property”.

Project Contractor During construction City Public Works, Building and Safety Services Department
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 5 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
BIOLOGICAL RESOURCESRegulatory RequirementsRR BIO‐1 The proposed on-site and off-site trees shall be planted, preserved, removed, replaced and/or maintained in accordance with Chapter 26, Article XIV, Division 1, Water Efficient Landscaping, and Chapter 26, Article VI, Division 9, Preservation, Protection and Removal of Trees, of the West Covina Municipal Code.

Project Applicant/ Developer
During and after construction
City Planning Department
Mitigation MeasuresMM BIO‐1 Prior to the issuance of any grading permits, the Community Development Director or designee shall verify that the following requirements for nesting birds and preconstruction survey are completed by the Project Applicant:
• The start of site-preparation activities and
subsequent construction activity initiation shall be scheduled outside of the bird nesting and breeding season (typically March 1 through August 15). If site-preparation activities start during the nesting season, a qualified Biologist shall conduct a nesting bird survey in potential bird nesting areas within 200 feet of any proposed disturbance. The survey shall be conducted no more than three days prior to the start of any ground disturbance activities. • If active nests of bird species protected by the
Migratory Bird Treaty Act (MBTA) and/or the California Fish and Game Code are present in the impact area or within 200 feet of the impact area, a temporary buffer shall be established a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the Biologist. • Clearing and/or construction activities within
buffer areas shall be postponed or halted until the
Project Applicant/ Developer
Prior to the issuance of any grading permits
Community Development
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 6 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
nest is complete (ex. juveniles have fledged from the nest and there is no evidence of a second nesting attempt) as determined by a qualified Biologist.

CULTURAL RESOURCESRegulatory RequirementsRR CUL‐1 If human remains are encountered during any Projectrelated ground-disturbing activities, Section 7050.5 of the California Health and Safety Code states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Section 5097.98 of the California Public Resources Code. The provisions of Section 15064.5 of the California Environmental Quality Act Guidelines shall also be followed. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission (NAHC). The NAHC will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. These requirements shall be included as notes on the contractor specification and verified by the Community Development Department, prior to issuance of grading permits. This measure shall be implemented to the satisfaction of the City in consultation with the County Coroner.

Project Applicant/ Developer/ Contractor
During ground disturbing activities
City Planning Department
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 7 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
Mitigation MeasuresMM CUL‐1 A qualified archaeologist (the “Project Archaeologist”) shall be retained prior to the start of any large scale earthwork activities related to Project construction.

The Project Archaeologist shall monitor all grounddisturbing activities within the areas of native soil (i.e., below existing areas of artificial fill from previous
construction). If archaeological or historical resources are encountered during implementation of any phase of the Project, the Project Archaeologist shall be allowed to temporarily divert or redirect excavation activities in the vicinity of the find in order to make an evaluation of the find.

Project Archaeologist
Prior to start of grading
City Planning Department
ENERGYRegulatory RequirementsRR ENE‐1 The Project must be designed in accordance with the applicable Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations [CCR], Title 24, Part 6) and the Title 24 Green Building Standards Code (CALGreen), (CCR, Title 24, Part 11). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods.

Project Applicant/ Developer
Design phase City Public Works,
Building and Safety Services Department
GEOLOGY AND SOILSRegulatory RequirementsRR GEO‐1 The Project shall be designed and constructed in compliance with the 2019 California Building Code (CBC) Design Parameters or the most current CBC adopted in the City’s Municipal Code.

Project Applicant/ Developer
Design phase City Public Works,
Building and Safety Services Department
RR GEO‐2 Prior to issuance of a grading permit, the Project Applicant shall prepare an erosion control plan in compliance with City’s Grading Ordinance, as approved by the City.

Project Applicant/ Developer
Prior to the issuance of a grading permit
City Public Works, Building and Safety Services Department Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 8 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
Mitigation MeasuresMM GEO‐1 Site preparation and building design specifications shall follow the recommendations in the Geotechnical Study Proposed DAX9 Warehouse Improvements, 1211 Badillo Street, West Covina, California, prepared by Kleinfelder (dated November 13, 2020), as well as any additional future site specific, design-level geotechnical investigations of the Project. Site preparation and earthwork operations shall be performed in accordance with applicable codes, safety regulations and other local, State, or federal specifications.

Project Applicant/ Developer
Prior to the issuance of a grading permit
City Public Works, Building and Safety Services Department MM GEO‐2 In the event paleontological resources are
encountered during construction, ground-disturbing activity shall cease. It is recommended that a Qualified Paleontologist be retained by the Applicant to examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered. Criteria for discard of specific fossil specimens shall be made explicit. If a Qualified Paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction; monitoring work and halting construction if an important fossil needs to be recovered; and/or cleaning, identifying, and cataloging specimens for
curation and research purposes. The cost associated with recovery, salvage, and treatment shall be borne by the Applicant. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the Qualified Professional.

Resources shall be identified and curated into an established accredited professional repository. The Qualified Professional shall have a repository
Paleontologist During construction
and ground disturbing activities
City Public Works, Building and Safety Services Department Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 9 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

GREENHOUSE GAS EMISSIONSRegulatory RequirementsRR ENE‐1 would be applicable. HAZARDS AND HAZARDOUS MATERIALSRegulatory RequirementsRR HAZ‐1 The demolition contractor shall comply with the requirements of Title 8 of the California Code of Regulations (Section 1532.1-Lead) regarding the removal of lead-based paint or other materials containing lead. The regulations set exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to lead. Lead-contaminated debris and other wastes shall be removed and monitored by contractors with appropriate certifications from the California Department of Health Services and disposed of in accordance with the applicable provisions of the California Health and Safety Code.

Demolition Contractor
During demolition City Public Works,
Building and Safety Services Department
RR HAZ‐2 The demolition contractor shall comply with the South Coast Air Quality Management District’s (SCAQMD’s)
Rule 1403, which provides guidelines for the proper removal and disposal of asbestos-containing materials. In accordance with Rule 1403, prior to the demolition, renovation, rehabilitation, or alteration of structures that may contain asbestos, an asbestos survey shall be performed by a Certified Asbestos Consultant (certified by the California Occupational Safety and Health Administration [CalOSHA]) to identify building materials that contain asbestos. Removal of the asbestos shall then include prior notification of the SCAQMD and compliance with removal procedures and time schedules; asbestos handling and clean-up procedures; and storage, disposal, and landfilling requirements under Rule 1403.

Demolition Contractor/ Certified Asbestos Consultant
Prior to demolition City Public Works,
Building and Safety Services Department
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 10 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
RR HAZ‐3 The demolition contractor shall comply with the California Health and Safety Code (Section 39650 et
seq.) and the California Code of Regulations (Title 8, Section 1529), which prohibit emissions of asbestos from asbestos related demolition or construction activities; require medical examinations and monitoring of employees engaged in activities that could disturb asbestos; specify precautions and safe work practices that must be followed to minimize the potential for the release of asbestos fibers; and require notice to federal and local government agencies prior
to beginning renovation or demolition that could disturb asbestos.

Demolition Contractor
During demolition City Public Works,
Building and Safety Services Department
RR HAZ‐4 All construction on public rights-of-way shall include the implementation of traffic control measures in accordance with the West Covina Municipal Code Chapter 12.20, Street Excavation, and Chapter 19, Article X, Section 19-302, Standard Specifications for Public Works Construction, which adopts the Greenbook by reference.

Contractor During construction City Public Works,
Building and Safety Services Department
Mitigation MeasuresMM HAZ‐1 Prior to grading and building permit approval, additional soil vapor sampling shall be performed in order to verify current vapor levels on the Project site. Sampling shall be completed according to Advisory Active Soil Gas Investigations (DTSC et. al. 2015) and results shall be compared to appropriate risk-based screening levels. If concentrations are below screening levels, no further mitigation is required. If concentrations are above screening levels, other actions shall be developed in consultation with appropriate regulatory agencies in order to reduce screening to appropriate levels.

Project Applicant/ Developer
Prior to the issuance of a grading and building permit
City Public Works, Building and Safety Services Department Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 11 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
HYDROLOGY AND WATER QUALITYRegulatory RequirementsRR HYD‐1 Prior to demolition and construction activities on the site, the Contractor shall prepare and file a Permit Registration Document (PRD) with the State Water Resources Control Board in order to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No 2009-009-DWQ, NPDES No. CAS000002) or the latest approved Construction General Permit. The PRD shall consist of a Notice of Intent (NOI); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP); an annual fee; and a signed certification statement. Pursuant to permit requirements, the Project Applicant/Developer shall implement the Best Management Practices (BMPs) in the SWPPP to reduce or eliminate construction-related pollutants in site runoff. The BMPs shall be implemented during all demolition and construction activities on the site.

Contractor Prior to demolition
and construction
City Public Works, Building and Safety Services Department RR HYD‐2 In accordance with Section 9.36, Control of Pollutants from New Developments/Redevelopment Projects, of the West Covina Municipal Code, the Project shall be constructed and operated in accordance with the standard urban stormwater mitigation plan (SUSMP) prepared for the Project and approved by the City.

Project Applicant/ Developer
During construction and operation
City Public Works, Building and Safety Services Department PUBLIC SERVICESRegulatory RequirementsRR PS‐1 The Project shall be designed and constructed in accordance with applicable regulations in Chapter 10, Fire Prevention and Protection, of the City of West Covina Municipal Code.

Project Applicant/ Developer
Design phase City Planning
Department
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 12 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
RR PS‐2 Pursuant to Chapter 17, Article IV, Development Impact Fees of the City’s Municipal Code, prior to issuance of each building permit, the Project Applicant shall be responsible for payment of the City’s Development Impact Fees (DIFs) including police facilities, fire facilities, park facilities, administration facilities, and public works facilities, as appropriate and in amounts established by City Council Resolution.

The fees paid shall be those in effect at the time of issuance of the building permit, subject to applicable fee credits for community facilities provided as part of the Project.

Project Applicant/ Developer
Prior to issuance of a building permit
City Planning Department and West Covina Fire and Police Departments and City Public Works, Building and Safety Services Department RR PS‐3 The Project Applicant shall pay the applicable school development fee to the West Covina Unified School District, in accordance with Section 17620 of the California Education Code.

Project Applicant/ Developer
Prior to issuance of a building permit
City Planning Department West Covina Unified School District RR PS‐4 The Project Applicant shall pay the applicable park fee, in accordance with Chapter 26, Article VI, Section 2620 for the purpose of park and recreational facilities.

Project Applicant/ Developer
Prior to issuance of a building permit
City Planning Department
RECREATIONRegulatory RequirementsRR PS‐2 would be applicable. TRANSPORTATIONRegulatory RequirementsRR TRA‐1 All trucks used during demolition and construction and during long-term occupancy of the Project shall use designated truck routes, in compliance with Chapter 22, Division 5, Truck Routes, of the West Covina Municipal Code.

Project Applicant/ Developer
During demolition, construction, and occupancy
City Public Works, Traffic and Lighting Section
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 13 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
RR TRA‐2 The Project shall be designed and constructed to provide adequate sight distance for drivers at all entrances and exits (driveways), drive aisles, and roadways, per West Covina Municipal Code Section 22.8, Obstruction to Visibility at Intersections or Driveways.

Project Applicant/ Developer
Design phase City Public Works,
Traffic and Lighting Section
Mitigation MeasuresMM TRA‐1 As determined by the Traffic Study Dated June 22, 2021, a new traffic signal shall be installed at the intersection of Cutter Way and Project Driveway #7. A signal and striping plan shall be submitted and approved by the City of Covina (since San Bernardino road is within City of Covina ROW). The plan shall also be submitted to the cities of West Covina and Covina for concurrence on the Signal Plan as well as the Signing and Striping Plans for San Bernardino
Road.

Project Applicant/ Developer
During final engineering
City of Covina And City of West Covina Public Works, Traffic and Lighting Section MM TRA‐2 All vegetation located along driveways on Badillo Street needs to provide a clear line of sight for exiting vehicles. All newly installed landscaping shall be lower than 3.5 feet in height on both sides of each driveway.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
MM TRA‐3 New red curbs are required to provide clear line of sight for driveways along Badillo Avenue. The Red
Curbs are to be shown on all submitted plans to the City for Approval. The amount of red curb (in feet) is to be determined by applicant’s engineer based on Line of Sight Calculations.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
MM TRA‐4 The signal and striping plan shall accommodate left turn lanes/pockets on both approaches of San Bernardino Road at Cutter Way to eliminate sight distance and safety issues for eastbound left turning vehicles whose views of the westbound vehicles may be blocked by trucks.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 14 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
MM TRA‐5 A 2-way left turn lane shall be installed along the entire Project east of Cutter Way to facilitate traffic turning out of the driveways on San Bernardino Road. As there are several driveways on both sides of San Bernardino Road, the future 2 way left turn lane shall facilitate all left turns in and out of all of these driveways to improve traffic safety along this corridor.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
MM TRA‐6 The amount of new red curb on San Bernardino Road, on either side of proposed driveways in order to provide clear line of sight, shall be shown on all plans submitted to the cities of Covina and West Covina for approval. The amount of red curb (in feet) is to be determined by applicant’s engineer based on Line of Sight Calculations as shown in Appendix G in the June 22, 2021 Traffic Impact Study, Figure 25.

Project Applicant/ Developer
During final engineering
City of Covina and City of West Covina Public Works, Traffic and Lighting Section MM TRA‐7 Conceptual Striping Plan for the left turn movements into driveways 5 and 6 on San Bernardino Road shall prohibit the left turn movement into the site necessitating the installation of NO LEFT TURN signs at each driveway for westbound traffic. This requires installation of R3-2 and R5-1 signs.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
TRIBAL CULTURAL RESOURCESRegulatory RequirementsRR CUL‐1 would be applicable. UTILITIES AND SERVICE SYSTEMSRegulatory RequirementsRR UTL‐1 Water service to the Project, including application for water service, service connections, water rates, fire service, and water mains, shall be constructed and provided in accordance with Chapter 23, Article III, Water, of the West Covina Municipal Code.

Project Applicant/ Developer
Prior to final design permit
City Public Works, Engineering Division
RR UTL‐2 The Project Applicant shall pay the applicable Connection Fee Program capital facilities fees to the
Project Applicant/ Developer
Prior to construction
City Public Works, Engineering Division
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 15 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

RR UTL‐3 The Project shall be designed and constructed with water-efficient fixtures and systems, as required by the CALGreen Code, which has been adopted by reference into Section 7-301, Adoption of Title 31 (Green Building Standards Code), of the West Covina Municipal Code.

Project Applicant/ Developer
Prior to construction
City Public Works, Engineering Division
RR UTL‐4 The Project contractor shall recycle, reuse, and/or salvage at least 65 percent of demolition and construction debris, in accordance with Section 4.408 of the CALGreen Code.

Project Applicant/ Developer
During demolition and construction
City Public Works, Maintenance Division, Environmental Services Section

VIA EMAIL ([email protected])
September 11, 2023
Jo-Anne Burns
City of West Covina
1444 W Garvey Ave S
West Covina, CA 91790
RE: ENTITLEMENT EXTENSION REQUEST – 1211 EAST BADILLO STREET Dear Jo-Anne,
On behalf of GO West Covina Owners, LLC, we are requesting a one-year extension to the entitlement package that was approved by City Council for our property on October 19th, 2021. Our property is located at APN: 8434-015-018 on the street address of 1211 East Badillo Street, West Covina, CA.

Our need for the extension is due to our leasing results at the property. The tenant we had initially partnered with for the entitlements has since vacated the opportunity, so we are currently on the market for lease to find a new industrial type tenant that will fit within our approved use. Current market conditions have proved challenging to find a new tenant during the duration of our entitlements, but we remain confident in our path moving forward. Our plans for the property remain consistent with our entitlements and M-1 Industrial zoning.

Should you have any questions regarding our request, please don’t hesitate to reach out.

Sincerely,
Dean Navarro
GO West Covina Owners, LLC
[email protected]
ATTACHMENT NO. 2
AGENDA ITEM NO. 4

RECOMMENDATION:

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

RESOLUTION NO. 2023-80 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 83576 LOCATED AT 1912 W. MERCED AVENUE
DISCUSSION:

On May 17, 2022, by Resolution 2022-43, the West Covina City Council approved Tentative Tract Map No. 83576. The tract map subdivides a 2.26-acre site into a total of 39 multi-family condominium air space lots. The 2.26-acre site will include 39 residential townhomes, internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 2.26-acre site.

The owner has satisfied the conditions for approval of the tract map. The map was reviewed by the City’s Engineering Division and determined to comply with State law and is technically correct. In accordance with Section 66458 of the California Government Code, the final map must now be approved or disapproved at the first City Council meeting at which it is received or at the next regular meeting. If no action is taken by the next regular meeting of the City Council, the map shall be deemed approved.

The recordation of the final map is dependent on the developer’s actions. The developer needs to arrange with Los Angeles County to pay for all present property taxes and bond for future property tax encumbrance.

LEGAL REVIEW:

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

Prepared by: Michael Ackerman P.E.

Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Resolution No. 2023-80
Attachment No. 2- Final Map No 83576
Attachment No. 3 - Resolution No. 2022-43
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community ATTACHMENT NO. 1
RESOLUTION NO. 2023-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT
MAP NO. 83576 LOCATED AT 1912 WEST MERCED
AVENUE
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on May 17, 2022, the City Council approved Tentative Tract Map No. 83576 through the adoption of Resolution No. 2022-43; and WHEREAS, the owner and subdivider has submitted to the City Council a final subdivision map of Tract Map No. 83576, which has been approved by the City Engineer.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That the final subdivision map of Tract Map No. 83576 has been submitted to the City Council and the same is hereby approved.

SECTION 2. That the proper officers of the City of West Covina are hereby authorized and instructed to execute said final map on behalf of the City.

SECTION 3. That Tract Map No. 83576 will not unreasonably interfere with the free and complete exercise of public utilities.

SECTION 4. That the City Clerk shall certify to the adoption of this resolution.

SECTION 5. That the City Clerk shall transmit a certified copy of this resolution to utility companies.

APPROVED AND ADOPTED this 17th day of October, 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. 2023-80 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 October, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
1 LOT SHEET 1 OF 4 SHEETS
99,457 SQ FT
TRACT MAP NO. 83576

IN THE CITY OF WEST COVINA

COUNTY OF LOS ANGELES

STATE OF CALIFORNIA
BEING A SUBDIVISION OF THAT PORTION OF LOT 109, OF E. J. BALDWIN'S FOURTH

SUBDIVISION OF PART OF THE RANCHO LA PUENTE, IN THE CITY OF WEST COVINA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 186 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FOR CONDOMINIUM PURPOSES LARRY L MAR, LS 76!!12 SOUTHLANO CML ENGINEERING & SURVEY, UP DA TE OF SURVEY: DECEMBER 2021 OWNER'S STATEMENT:

WE HEREBY STATE THAT WE ARE THE Ov.t<ERS Of OR ARE INTER ESTEO IN THE LANOS INCWOED MTHIN THE SUBDMSION SHO'lotl ON THIS MAP MTHIN THE

DISTINCTIVE BOROER LINES, ANO WE CONSENT TO THE PREPARATION AND FILING Of SAID MAP ANO SUBDl\1SION.

WE HEREBY OfITR TO DEDICATE TO THE CITY Of WEST C0\1NA THE FIRE ACCESS EASEMENT ANO SEWER EASEMENT AS SHO'lotl ON THIS MAP.
��R��LI�� s':to� � �� c USE ALL STREETS, HIGHWAYS, ANO BANNER BANK, A WASHINGTON STl\iE CH ARltREO COMUERCIAL BANK AS BENEFICIARY UNDER A DEED OF TRUST RECORDED OCTOBER 2�. 2022 AS INSTRUMENT NO. 20221014607 OF omCIAL RECORDS RECORDS Of LOS ANGaES COU '
\1CE PRESIDENT

NOTARY ACKNOWLEDGEMENT
A NOTARY PUBUC OR OlHER OFTICER COMPl.EllNC THIS ca:nmcA1£ VERIFlES ONLY THE IDENTITY Of niE INDIVIDUAL 'M-CO SlGNED THE DOCUMENT TO 'l\tllCH THIS CERTiflCATt IS ATTAOiED, ANO NOT Tl-IE lRUTI-iF\11.NESS, ACCURACY, OR VAUDITY Of' THAT DOCUMENT. ��!.;,,Of ,:eORJ.:;.,rcc
ON Q(;./(f /2.o2.?,
PERSONALLY APPEARED lt"lffl,,.,, L;vir�d""
WHO PROVED TO ME ON THE BASIS Of SATISFACTORY E\10ENCE TO BE THE PE RSON(S) WHOSE NAME(S) IS/ARE SUBSC RIBED TO THE V.,THIN INSTRUMENT ANO ACKNOWL£0GED TO ME THAT H E/SHE/THEY DECUTEO THE SAME IN H IS/HER/THEIR

AUTHORIZED CAPACITY(IES), ANO THAT BY H IS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICN THE PERSON(S) ACTED, EX£CUTEO THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE Of CALIFOR NIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT.

MTNESS MY H AND
SICNATURE_....,,e:..,e::.., __________ _
PRINTED NAME JO,,!, \,(j t!,e1
MY PAINCIF>AL PL.ACE or BUSINESS IS IN V<efHC'""> COUNTY MY COMMISSION NUMBERc:2.=3.=.i.:..I t,.=-<9-=��-----
MY COMMISSION EXPIRES IV.,,,..i,,rl,.(_ 2.02.s

NOTARY ACKNOWLEDGEMENT
A NOTARY PVBUC OR OlHER OfTlCER CCMPLEilNC THIS CERT1F1CATE \!£RIF1ES ONLY TH£ IDENTITY Of THE IN01\10UAL 111HO SIGNED THE DOCUMENT TO 111HICH THIS CERTIFICATE IS ATTACHED, ANO NOT THE TRUTHF\JlNESS, ACCURACY, OR VAUDITY OF THAT OOCUIIENT.

STATE OF CAUF'ORNIA
COUNTY Of 00>0,«
ON oG- 'll-ZQ13 euORE ME. ::r;,.,j lhmcaC'.JC No\� R.bl1c.

PERSONAU.Y APPEARED le !ida 8,.\7; V0o:a9,t1<:t:
111HO PROVED TO ME ON THE BASIS Of SATISFACTORY E\10ENCE TO BE THE PE RSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE "1THIN INSTRUMENT AND ACKNOv.t.EDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR

AUTHORIZED CAPACITY(IES), ANO THAT BY H IS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON BENAILF Of I\HICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PER..URY UNDER THE LAWS OF THE STATE Of CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT.

MTNESS MY HANO ~=r---�-J
PRINTEON�E

SIGNATURE
l®3 CK�
IIY PRINCIPAL PLACE Of BUSINESS IS IN QCM,"fg. COUNTY
IIY COIIIIISSION NUMBfR '2 'i Q 'i It/ 6
MY COMMISSION EXPIRES ('1 � 12 • ?02 I(

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY, IN CONFOR MANCE "1TH THE REQUI REMENTS Of THE SUBDl\1SION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST Of RC HOMES, INC. I H EREBY STATE THAT ALL THE MONUMENTS ARE Of THE CH ARACTER ANO OCCUPY THE POSITIONS INDICATED: THAT THE MONUMENTS ARE sumCIENT TO ENABLE THE SURVEY TO BE RETRACED: ANO THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE CONOITIONALLY APPROVED TENTATIVE MAP. I HEREBY STATE THAT SAID SU RVEY IS TRUE ANO COMPL£TE AS SHOV>t<: ANO THAT TIE NOTES F'OR ALL CENTERUNE TIE MONUMENTS NOTED AS "SEr ARE ON FILE IN THE OfTICE Of THE CITY ENGINEER.

BASIS OF BEARINGS:

THE BEARINGS SHO'lotl H EREON ARE BASED ON THE CENTERUNE Of MERCED AVENUE H A\1NG A BEAR ING Of N48'C6'20"W AS SHO\\N ON TRACT MAP 23211, RECORDED IN BOOK 830, PAGES � ANO 26 OF MAPS, RECORDS Of LOS ANGaES COUNTY.

CITY ENGINEER'S CERTIFICATE:

I HEREBY CERTlf'Y ll-lAT I H AVE EXAMtNED ll-llS UAP AND ll-lAT IT CONF'ORJ.1S SUBSTANTIALLY TO THE TENTATIVE MAP ANO ALL APPROVED ALTERATIONS THEREOF; ANO THAT ALL PR0\1SIONS OF ANY LOCAL ORDINANCES OF THE CITY WEST C0\1NA APPLICABLE AT THE TIME Of APPROVAL Of THE TENTATIVE MAP HAVE BEEN COMPLIED V.,TH; ANO THAT ALL PR0\1SIONS OF THE SUBOMSION MAP ACT SECTION 66442 (A)(1), (2), ANO (3) HAVE BEEN COMPLIED "1TH ANO THAT I AM SATISFIED THAT ""11S MAP IS TECNNICALL Y CORRECT. • •
BY:�r�O.J2
"10 A I.S. 5173
ON BEHAlF ;; CITY ENGINEER �3'
DATE
CITY TREASURER'S CERTIFICATE:
'...i
H
R��\gJA
� ��T
Cl,W-t/�� E
��N�
R
o ;::�LUOEO I�
THE "1THIN SUBOMSION OR ANY PART THEREOf' IS SUBJECT, ANO WHICH MAY BE PAID IN FULL HAVE BEEN PAlll IN F\JLL
CITY TREASURER - CITY OF WEST C0\1NA DATE
CITY CLERK'S CERTIFICATE:

I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF WEST COWIA AT A MEETING H ELO ON _______ 2023, APPROVED THE ATTACNEO MAP.

I 00 HEREBY ACCEPT THE OfITR Of DEDICATION IN FU: OF STREETS, HIGHWAYS.

OTHER PUBLIC WAYS, THE AAE ACCESS EASEMENT, ANO SEWER EASEMENT AS SH O'M< ON THE MAP.

CITY Cl.ERK - CITY Of WEST C0\1NA DATE
LOS ANGELES COUNTY TAX CERTIFICATES:

I H EREBY CERTIFY THAT ALL CERTinCATES HAVE BEEN FILED ANO DEPOSITS HAVE BEEN MADE THAT ARE REOU1RED UNDER THE PR0\1SIONS Of SECTIONS 66492 ANO 66493 Of THE SUBOMSION MAP ACT.

EXECUTIVE omCER, BOARD Of SUPERVISORS Of THE
COUNTY Of LOS ANGaES. STATE Of CALIFORNIA.

BY== __________ DATE ___ _
DEPUTY
��R:Ji �:'.loF
Y
""Wtk��TI� ��6%o �·....,su
=PER "",.,,"SO=R=-,s Of�-
THE COUNTY Of LOS ANGEU:S AS SECURITY F

OR THE PAYMENT OF TAXES
ANO SPECIAL ASSESSMENTS CCUECTED AS TAXES ON THE LAND SHO'lotl ON MAP OF TRACT NO. 73153 AS REQUIRED BY LAW.

EXECUTIVE omCER, BOARD Of SUPER\1SORS OF THE
COUNTY OF LOS ANGELES. STA TE OF CALIFORNIA
BY _______ _

DEPUTY DATE
I .

Scanned with CamScanner
ATTACHMENT NO.2

ATTACHMENT NO.3

AGENDA ITEM NO. 5

It is recommended that the City Council take the following actions:

1. Accept the work performed by Pyramid Building & Engineering, Inc. for the Azusa Avenue Sewer Lift Station Upgrades Project (Project No. U-17022), with a final contract amount of $3,692,129.16; and

2. Authorize the release of retention funds once appropriate.

BACKGROUND:

On May 7, 2019, the City Council authorized award of a contract to Pyramid Building & Engineering in the amount of $2,239,700, for the Azusa Avenue Sewer Lift Station Upgrades Project (the "project").

This is a Capital Improvement Project that included replacement of the existing sewer pumps, equipment, controls, conduits, wiring, and appurtenances in order to comply with the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. The project additionally provided sufficient storage capacity during emergencies and/or power outages, provide back-up/emergency power to mitigate potential risk of sanitary sewer overflows and install a Supervisory Control and Data Acquisition (SCADA) monitoring system that provides feedback of pump disposition (on/off), fluid levels, air system, and alarms 24 hours a day, seven days a week.

On May 17, 2022, the City Council authorized construction contract change orders 01 through 04 in the amount of $1,271,495.82 and an additional construction contingency of $223,970.00, increasing the total contract amount to $3,735,165.82.

DISCUSSION:

All required improvements were constructed in conformance with the approved plans and specifications.

The work was performed within the contractually specified duration and to the City Engineer’s satisfaction. Construction costs totaled $3,692,129.16, which is within the approved construction budget.

The City retains five percent (5%) of each payment to the contractor as retention to ensure payment to subcontractors and material suppliers before final payment to the contractor. Subcontractors and material suppliers must file claims for payment within specified timeframes if they have not been paid by the contractor. If no claims are filed by the end of October, the City will release retention and any remaining amount due to the contractor.

LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report.

Prepared by: Michael Ackerman P.E.

Fiscal Impact
FISCAL IMPACT:

This contract was funded under Project No. 17022 (Fund 189). The contract was completed within the approved construction estimate.

Original Construction Contract $2,239,700.00
Change Orders 1-2 (Previously approved within contingency) $216,351.07 Change Orders 3-4 (Approved by Council May 17, 2022) $1,055,144.75 Additional Construction Contingency (Approved by Council May 17, 2022)
$223,970.00
Finalized Construction Budget Including Additional
Contingency
$3,735,165.82
Actual Expenditures $3,692,129.16
(Over)/Under Estimate $43,036.66
Attachments
Attachment No. 1- Notice of Completion
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community ATTACHMENT NO.1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of West Covina
1444 W. Garvey Ave. S.

West Covina, CA 91790
EXEMPT FROM RECORDING FEES –
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(California Civil Code § 9204)
NOTICE IS HEREBY GIVEN THAT:

1. Name and Address of Owner. The City of West Covina (“City”), a municipal corporation, whose address is 1444 W. Garvey Ave. S., West Covina, California 91790, is the fee owner of the public work of improvement described herein and of the property containing said public work of improvement.

2. Description of Public Work of Improvement. The public work of improvement is the project known as:

Construction of Azusa Avenue Sewer Lift Station Upgrades – Project No. U-17022.

3. Location of Public Work of Improvement. The public work of improvement is generally located at 2700 South Azusa Avenue, in the City of West Covina.

4. Award of Contract; Contractor. On May 7, 2019, the City awarded a contract for the construction of Azusa Avenue sewer lift station upgrades to Pyramid Building & Engineering, Inc., 10975 G Avenue, Hesperia, California 92345.

5. Date of Completion. The public work of improvement was completed to the satisfaction of the City Engineer on: July 31, 2023.

6. Date of Acceptance. The City Council accepted the public work of improvement on October 17, 2023. _____________________________________
Paulina Morales, Acting City Manager Date
City of West Covina

VERIFICATION
I, the undersigned, say: I am the Assistant City Clerk of the City of West Covina, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________________, at West Covina, California. _______________________________
Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 6

It is recommended that the City Council take the following actions:

1. Receive and file the Fourth Quarter Financial Report for Fiscal Year 2022-23; and

2. Adopt the following resolution:

RESOLUTION NO. 2023-79 - 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 (FOURTH QUARTER FINANCIAL

REPORT)
BACKGROUND:

This report is intended only to provide the City Council and the public with an overview of the City’s general fiscal condition. The financial information included in this report is preliminary, unaudited and subject to revision upon completion of the City's closing and audit. The City will make the Quarterly Financial Report available on the City’s website for review by the City’s stakeholders.

DISCUSSION:

The City has completed the fourth quarter of Fiscal Year 2022-23. The Quarterly Report (Attachment No. 1) summarizes the overall financial performance of the City for the period of July 1, 2022 through June 30, 2023, but it is not meant to be inclusive of all finance and accounting transactions. While the focus of the report is the General Fund, summary financial information is also provided for the Enterprise Fund and Special Revenue Funds.

The information presented reports revenues as they are received and expenditures when paid.

Revenues and expenditures are only accrued at year-end to account for such activity in the correct fiscal year. Additionally, a budget amendment (Attachment No. 2) is proposed with the Quarterly Report to adjust revenue and expenditures based on activity to date.

LEGAL REVIEW:

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

Prepared by: Stephanie Sikkema, Finance Director
Fiscal Impact
FISCAL IMPACT:

Overall, total General Fund revenue ($86.6M) less expenditures ($89.9M) for the year is negative $3.3 million. Beginning Fund Balance was $24.1 million leaving $20.8 million in fund balance at the end of the year. After nonspendable and restricted funds are taken into account, unassigned fund balance is estimated to be over $17 million for the end of FY2022-23.

Proposed Budget Amendment includes the following changes to General Fund (Fund 110) appropriations :

General Fund
Original
Budget
Current
Budget
Requested
BA
Amended
Budget
Revenue
Property Tax 28,986,300 29,872,000 3,500,000 33,372,000 Sales Tax 23,142,000 23,142,000 23,142,000
Other Taxes 9,446,000 9,446,000 9,446,000
Charges for Services 7,578,220 7,714,120 400,000 8,114,120 Licenses & Permits 3,167,810 4,991,810 600,000 5,591,810 Revenue from Other Agencies 2,628,625 2,628,625 2,628,625 Cost Recovery 1,365,900 1,365,900 -1,100,000 265,900
Interdepartmental Charges 1,196,200 1,196,200 1,196,200 Use of Money & Property 1,078,300 1,318,300 1,318,300
Fines & Forfeitures 1,023,290 1,073,290 1,073,290
Transfers In 200,093 170,093 11 170,104
Other Revenues 136,670 175,670 175,670
Revenue Total 79,949,408 83,094,008 3,400,011 86,494,019 Expenditures
Police 27,844,530 28,508,492 896,500 29,404,992
Fire 20,544,117 21,683,472 27,600 21,711,072
Transfers Out 15,525,348 20,415,113 1,679,560 22,094,673 Public Services 6,036,175 6,295,545 6,295,545
Community Development 3,245,927 4,566,416 0 4,566,416
Administration 2,463,677 2,661,699 259,500 2,921,199
Finance 2,435,479 2,398,716 2,398,716
Human Resources 794,097 854,232 130,000 984,232
City Clerk 543,713 586,103 61,100 647,203
Expenditures Total 79,433,063 87,969,788 3,054,260 91,024,048 Revenue Less Expenditures 516,345 -4,875,780 345,751 -4,530,029 Attachments
Attachment No. 1 - Fourth Quarter Financial Report for Fiscal Year 2022-23 Attachment No. 2 - Resolution No. 2023-79 (Budget Amendment) CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness

CITY OF WEST COVINA

FOURTH QUARTER FINANCIAL REPORT
Fiscal Year 2022-23
ATTACHMENT NO. 1
The City has completed the third quarter of Fiscal Year (FY) 2022-23. This report summarizes the overall
financial performance of the City for the period of July 1, 2022, through June 30, 2023, but it is not meant to
be inclusive of all finance and accounting transactions.

While the focus of the report is the General Fund,
summary financial information is also provided for the
Enterprise Fund and Special Revenue Funds. The
information presented is unaudited. This report is
intended to provide City Council and the public with
an overview of the City’s general fiscal condition.

The revenue and expenditures per the Budget to YearTo-Date (YTD) Actual comparisons include adjustments for carryovers and any appropriations
made as of June 30, 2023. The information presented
reports revenues as they are received and
expenditures when paid. Revenues and expenditures
are only accrued at year end to account for such
activity in the correct fiscal year.

GENERAL FUND
The General Fund (GF) is the general operating fund
for the City. It provides the resources to sustain the
day-to-day activities and services to the community.

All nine departments receive support, either directly
or indirectly, from the General Fund.

Chart 1: GF Budget vs. YTD Actual
The General Fund original budget for FY 2022-23 was
$79.9 million in revenue, $79.4 million in
expenditures, and a total revenue less expenditures of
$516,345. With the year complete, General Fund
revenues are 104% of budget, and expenditures are
102%. Total revenues are $86.6 million, and
expenditures are $89.9 million leaving a total revenue
less expenditures are $3.3 million.

GENERAL FUND REVENUE
The City’s two major General Fund revenue sources
are Property Tax and Sales Tax which make up 65% of
the General Fund revenues combined.

Table 1: GF Revenue – Budget vs. YTD Actual
Revenue Source Current
Budget YTD Actual %
Property Tax 29,872,000 33,401,085 111.8%
Sales Tax 23,142,000 23,331,254 100.8%
Other Taxes 9,446,000 10,074,971 106.7%
Charges for Services 7,714,120 7,730,293 100.2%
Licenses & Permits 4,991,810 5,311,737 106.4%
Revenue from Other
Agencies 2,628,625 2,648,060 100.7%
Cost Recovery 1,365,900 279,594 20.5%
Use of Money &
Property 1,318,300 1,549,451 117.5%
Interdepartmental
Charges 1,196,200 1,188,500 99.4%
Fines & Forfeitures 1,073,290 1,190,037 110.9%
Other Revenues 175,670 (244,792) -139.3%
Transfers In 170,093 133,903 78.7%
Grand Total 83,094,008 86,594,093 104.2%
$83.1
$88.0
$86.6
$89.9
$78
$80
$82
$84
$86
$88
$90
$92
Revenue Expenditures
Millions
Current Budget Sum of Actual YTD
City of West Covina Fourth Quarter Financial Report FY 2022-2023 2 | P a g e

PROPERTY TAX
Included in this line item are Secured Property Taxes,
Property Taxes In-Lieu of Vehicle License Fees (VLF),
and residual payments from the dissolution of the
former redevelopment agency. Property tax is 11.8%
over budget and is up over eight percent from the
prior year. Staff has included this revenue in the
proposed budget amendment.

SALES TAX
Sales Tax revenue was within one percent of the
current budget and less than a one percent increase
from last fiscal year. While sales tax had spiked in prior years due to the bounce back from the pandemic, as
the City’s revenue consultant (HdL) predicted, sales
tax flattened in FY2022‐23.

OTHER TAXES
This category includes Franchise Fees, Business
License Tax, Transient Occupancy Tax (TOT), and
Property Transfer Tax. At the end of the year over
$10M or 106.7% of the current budget projection had
been realized. This is a three percent increase from the prior fiscal year.

CHARGES FOR SERVICES
These revenues include plan check and zoning related
fees, recreation fees, interfund charges, police, and
fire fees. These fees ended the year as expected with
$7.7 million in revenue. This is down nine percent from the prior fiscal year when there was an influx in
projects.

LICENSE & PERMITS
Revenues for licenses & permits include building and
engineering permits, and animal licenses. Revenue for
the year ended 6.4% over budget and up 18.7% from
the prior year.

REVENUES FROM OTHER AGENCIES
This category includes Vehicle In-Lieu, State Mandated
Cost reimbursement revenue, and the exchange of
Prop A funds, which is the largest revenue source in
this category (accounts for $1.8 million).

COST RECOVERY
This category accounts for mutual aid cost
reimbursement for strike team deployments for the
Fire Department. Strike deployments have decreased
over the past few months, ending the year with only
$279k in reimbursements or 20.5% of the budget. This
is down over 82% from last year.

INTERDEPARTMENTAL CHARGES
This category includes overhead chargebacks from
internal service funds: General Liability, Workers
Compensation, and Fleet Maintenance. These charges
are equally distributed across the fiscal year and billed monthly.

USE OF MONEY & PROPERTY
This category includes rental and interest income. The
year ended with over $1.5M in revenue, which is

17.5% over budget. This is primarily due to an increase in interest income.

FINES & FORFEITURES
This category includes late payment penalties,
collection agency fees, code fines, vehicle impound
fees, and administrative citations. Overall, fines and
forfeitures were nearly $1.2 million and ten percent
over budget. This is mainly due to vehicle and parking
code fines.

OTHER REVENUES
This category includes proceeds from auction,
advertising, final map, and other miscellaneous
revenue. This category is negative due to the end of
year fair value adjustment (-$422k). Excluding that,
this category ended as estimated at $177k.

TRANSFERS IN
This category includes a transfer from the Successor
Agency for administrative costs. This transfer is made
at the end of the fiscal year.

City of West Covina Fourth Quarter Financial Report FY 2022-2023 3 | P a g e

REVENUES PROJECTIONS
Revenue projections are revised with the Quarterly
Report based on actuals to date. The total proposed
adjustment is an increase of $ 3,400,011 in revenue to
the General Fund.

Table 2: GF Revenue Projection
Revenue Source
Current
Budget
Proposed
Adj.

Revised
Projection
Charges for
Services 7,714,120 400,000 8,114,120
Cost Recovery 1,365,900 (1,100,000) 265,900
Fines &
Forfeitures 1,073,290 1,073,290
Interdepartmental
Charges 1,196,200 1,196,200
Licenses &
Permits 4,991,810 600,000 5,591,810
Other Revenues 175,670 175,670
Other Taxes 9,446,000 9,446,000
Property Tax 29,872,000 3,500,000 33,372,000
Revenue from
Other Agencies 2,628,625 2,628,625
Sales Tax 23,142,000 23,142,000
Transfers In 170,093 11 170,104
Use of Money &
Property 1,318,300 1,318,300
Grand Total 83,094,008 3,400,011 86,494,019

GENERAL FUND EXPENDITURES
As of June 30, 2023, with 100% of the year complete,
102% of the General Fund budget was expensed (see
Table 3). Administration was over budget due to
excess salaries and benefits paid out and changes to
the new City Attorney contract. City Clerk was over
due to the city election which came in over the
estimate. The Fire Department was over due to
overtime. The Police Department was over in salaries
and benefits due to a decrease in vacancy savings and
fuel charges. Transfers out were over primarily due to
negative revenue less expenditures within the
Sportsplex and General Liability funds.

Table 3: GF Expenditures – Budget vs. YTD Actual
Department Current
Budget YTD Actual %
Administration 2,661,699 2,887,083 108.5%
City Clerk 586,103 603,374 102.9%
Community
Development 4,566,416 4,511,361 98.8%
Finance 2,398,716 2,003,806 83.5%
Fire 21,683,472 21,701,083 100.1%
Human Resources 854,232 957,277 112.1%
Police 28,508,492 29,398,130 103.1%
Public Services 6,295,545 5,784,529 91.9%
Transfers Out 20,415,113 22,066,601 108.1%
Grand Total 87,969,788 89,913,243 102.2%

GENERAL FUND OVERTIME
Table 4 summarizes overtime by department within
the General Fund. Overtime was over budget by 4.6%
in Fire (12%) and Public Services(1.3%). Public Services overtime is over due to Special Events which are
increasing to pre-pandemic levels and have been
offset by salary savings.

Table 4: GF Overtime YTD
Department Current
Budget
YTD GF
Overtime %
Administration 4,030 894 22.2%
Community
Development 0 10,081 0.0%
Finance 2,860 1,217 42.5%
Fire 3,733,160 4,182,788 112.0%
Human Resources 0 152 0.0%
Police 3,465,240 3,345,983 96.6%
Public Services 117,110 118,626 101.3%
Grand Total 7,322,400 7,659,742 104.6%
City of West Covina Fourth Quarter Financial Report FY 2022-2023 4 | P a g e
Overall, total General Fund Revenue ($86.6M) less
Expenditures ($89.9M) for the year is negative $3.3
million.

Chart 2: GF 4
th Quarter Revenue Less Expenditures by FY
This negative is a result of transfers to other funds:

1. Transfers to capital funds in accordance with
the City’s the Fund Balance Policy to utilize
excess unassigned fund balance – a total of
$3.2 million ($2.5M to capital projects and
$714k to vehicle replacement).

2. Transfer to the Self Insurance General Liability
fund totaling $2.6 million to cover over $3.1
million in claims and settlements paid.

PROPOSED BUDGET AMENDMENT
The original adopted General Fund budget for FY
2022-23 was for $79,433,063 expenditures. The
second quarter budget amendment had a positive net
impact on the General Fund of $45,100. The third
quarter budget amendment had a positive net impact
on the General Fund of $3,050. While $3,054,260 in
expenditures is proposed to be added, the fourth
quarter budget amendment has a positive net impact
to the general fund of $345,751. Table 5 outlines the
proposed amendment.

Table 5: Summary of Proposed GF Budget Amendment
Department Current
Budget
Requested
BA
Amended
Budget
Administration 2,661,699 259,500 2,921,199
City Clerk 586,103 61,100 647,203
Community
Development 4,566,416 0 4,566,416
Finance 2,398,716 0 2,398,716
Fire 21,683,472 27,600 21,711,072
Human Resources 854,232 130,000 984,232
Police 28,508,492 896,500 29,404,992
Public Services 6,295,545 0 6,295,545
Transfers Out 20,415,113 1,679,560 22,094,673
Grand Total 87,969,788 3,054,260 91,024,048
The proposed General Fund budget amendment totals
$3,054,260 and includes the following:

1. Administration ($259,500): Salaries and benefits
are proposed to be increased as well as legal fees
to compensate for the increase in the City
Attorney contract.

2. City Clerk ($61,100): A total of $61,100 is
proposed to be added for the city election.

3. Fire ($27,600): A total of $27,000 is proposed to
be added to Fire overtime.

4. Human Resources ($130k): Funding is proposed
to be added to fund the influx of legal services.

5. Police ($896,500): Appropriations are proposed
to be increased by $896k for salaries and benefits
and fuel charges.

6. Transfers Out ($1,679,560): A transfer from the
General Fund is proposed to the Sportsplex Fund
($94,080), General Liability Fund ($2,672,110),
Equitable Sharing, Treasury Fund ($42,230) to
cover expenses in a prior year that were recently
deemed to be ineligible, and Successor Agency
Fund ($71,140) to cover expenses in a prior year
that were denied on the ROPS. These increases
are offset by a decrease to the capital projects
fund ($400k) and debt service fund ($800k).
1 (3)
0 6
(1)
(4) (3)
(2)
-
2 4
6 8
FYE18 FYE19 FYE20 FYE21 FYE22 FYE23
Millions
City of West Covina Fourth Quarter Financial Report FY 2022-2023 5 | P a g e
ENTERPRISE FUND (FUND 375)
This fund accounts for the computer services provided
by the Police Department to other public safety
agencies for a fee. The programs are marketed to both
public and private agencies. The Police Department
also utilizes these products and services. The fund
ended the year within its budget.

Table 6: Police Enterprise Budget vs. YTD Actuals
Type Current
Budget
YTD
Actual %
Revenue 645,080 682,138 105.7%
Expenditures 731,831 682,697 93.3%
Revenue Less
Expenditures (86,751) (559)
SPORTSPLEX (FUND 242)
This fund accounts for activity at the West Covina
Sportsplex, a recreation facility which amenities
include softball fields, a pavilion, playgrounds, and
restaurants. Budget versus actual comparisons for
both revenue and expenditures for the Sportsplex are
presented in Table 7 below. The Sportsplex ended the
year with revenue less expenditures of $4,048.

Table 7: Sportsplex Budget vs. YTD Actuals
Type Current
Budget
YTD
Actual %
Revenue
Transfers In 429,583 523,661 121.9%
Charges for Services 326,000 104,312 32.0%
Use of Money & Property 81,930 91,784 112.0%
Other Revenues 5,900 900 15.3%
Revenue Total 843,413 720,657
Expenditures
Materials & Services 526,035 476,318 90.5%
Salaries & Benefits 306,378 232,548 75.9%
Capital 11,000 7,743 70.4%
Expenditures Total 843,413 716,609
Revenue less Expenditures 0 4,048

OTHER FUNDS
Table 8 shows budget versus actuals for other funds:

Table 8: Other Funds Budget vs. YTD Actuals
Fund Grouping Current
Budget YTD Actual %
Assessment Districts
Revenue 4,266,660 4,334,252 101.6%
Expenditures 5,329,809 3,731,883 70.0%
Capital Project Funds
Revenue 3,710,600 3,203,234 86.3%
Expenditures 9,780,091 2,175,839 22.2%
CDBG
Revenue 2,284,395 512,934 22.5%
Expenditures 2,420,512 440,404 18.2%
CFD
Revenue 777,400 1,370,629 176.3%
Expenditures 5,202,421 105,263 2.0%
Debt Service
Revenue 15,446,948 15,476,745 100.2%
Expenditures 15,258,000 15,369,469 100.7%
Gas Tax
Revenue 3,063,915 2,760,852 90.1%
Expenditures 4,413,790 3,267,834 74.0%
Grant Funds
Revenue 11,417,277 3,792,308 33.2%
Expenditures 24,973,574 3,331,696 13.3%
Health Department
Expenditures 0 0 100.0%
Housing Authority
Revenue 22,790 446,194 1957.8%
Expenditures 1,139,103 869,846 76.4%
Internal Service
Funds
Revenue 7,588,952 10,922,720 143.9%
Expenditures 5,299,046 9,310,017 175.7%
Metro Funds
Revenue 7,561,700 9,404,960 124.4%
Expenditures 10,206,930 6,323,299 62.0%
Other SR Funds
Revenue 4,618,939 8,970,695 194.2%
Expenditures 9,306,631 5,422,560 58.3%
SB1
Revenue 2,989,658 3,109,512 104.0%
Expenditures 6,107,106 3,691,173 60.4%
Sewer Maintenance
Revenue 3,769,530 4,405,980 116.9%
Expenditures 7,651,997 2,627,591 34.3%
Successor Agency
Revenue 13,002,110 3,611,691 27.8%
Expenditures 1,682,558 2,239,561 133.1%
City of West Covina Fourth Quarter Financial Report FY 2022-2023 6 | P a g e
Other Funds
Current
Budget
Requested
BA
Amended
Budget
Equitable Sharing-US Treas (118)
Revenue 0 42,230 42,230
Transportation Development Act (128)
Revenue 70,000 70,000
Expenditures 140,000 10 140,010
Used Oil Block Grant (149)
Expenditures 14,700 26,370 41,070
COPS/SLESF (155)
Revenue 271,130 271,130
Expenditures 689,305 15,000 704,305
CRV Recycling Grant (158)
Revenue 28,000 26,370 54,370
Expenditures 28,000 4,480 32,480
Capital Projects (160)
Revenue 2,924,000 (400,000) 2,524,000
Expenditures 7,719,307 7,719,307
PDF A - Del Norte (170)
Expenditures 30,000 3,375 33,375
PDF D Walmerado-Cam. (173)
Revenue 30,020 3,375 33,395
Expenditures 339,218 6,425 345,643
WC Community Svcs Foundation (220)
Revenue 109,562 109,562
Expenditures 398,835 168,000 566,835
Measure M (235)
Revenue 1,539,700 1,539,700
Expenditures 2,520,225 (99,999) 2,420,226
CA Bureau of State Comm. Corr. (239)
Expenditures - 1 1
Sportsplex (242)
Revenue 843,413 94,080 937,493
Expenditures 843,413 843,413
Debt Service - City (300)
Revenue 15,446,948 (800,000) 14,646,948
Expenditures 15,258,000 113,000 15,371,000
Self Insurance General/Auto Liab (361)
Revenue 2,201,600 2,422,110 4,623,710
Expenditures 1,650,000 3,153,000 4,803,000
Self-Insurance Workers' Comp (363)
Revenue 1,375,395 250,000 1,625,395
Expenditures 1,378,000 1,400,000 2,778,000
Redevelopment Obligation Ret. (810)
Revenue 13,002,110 71,140 13,073,250
Expenditures 1,432,558 2,003,610 3,436,168
Successor Agency Admin. (815)
Revenue 0 250,000 250,000
Expenditures 250,000 250,000
In addition to the proposed amendments in the
General Fund, the following is recommended:

1. Amendments to true up Grant Funds: Based on
preliminary analysis of all funds, the following
grant funds exceeded budgeted expenditures but
are still within their eligible allowance: Used Oil
Block Grant Fund 149 ($26,370), COPS/SELF
Grant Fund 155 ($15,000), CRV Recycling Grant
Fund 158 ($4,480), and CA Board of State Comm
Corrections Fund 239 ($1).

2. Self-Insurance General/Auto Liability Fund 361
($3,153,000) and Workers’ Compensation Fund
363 ($1,400,000): The City had an extraordinary
year in claims and settlements. Appropriations
are proposed to be increased accordingly.

3. Debt Service Fund 300 ($113,000):

Appropriations are proposed to be increased to
reflect an extra debt service payment made to
the lease purchase agreements from the excess
proceeds from the energy projects.

4. Community Services Foundation Fund 220
($168,000): Additional funding for special events
added throughout the fiscal year.

5. PDF Funds 170 and 173: Walmardo Park
Improvements (Project No. 22026) came in
slightly over budget by ($6,425). A transfer of
$3,375 is proposed from PDF A, Fund 170 to
cover the overage,

6. Successor Agency Fund 810: Appropriations for
the Successor Fund are proposed to be increased
to reflect the approved Recognized Obligation
Payment Schedule (ROPS) ($2,003,610).

7. Measure M, Fund 235 ($99,999): Removed
duplicate project (#23013) for Citrus Avenue
Rehab.

FOR MORE INFORMATION
This summary report is derived from detailed financial
information generated by the City’s Finance
Department. Additional financial information is
available online at www.westcovina.org.

ATTACHMENT NO. 2
RESOLUTION NO. 2023-79

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 (FOURTH QUARTER FINANCIAL REPORT)
WHEREAS, on April 19, 2022, the City Manager presented to the City Council a proposed budget for Fiscal Year 2022-23 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, following the initial presentation of the proposed budget for Fiscal Year 2022-23, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and WHEREAS, on June 7, 2022, the City Council adopted a budget for the 2022-2023 Fiscal Year; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

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

SECTION 1. The City Council hereby approves Budget Amendment No. 2023- 021, attached hereto as Exhibit A, for Fiscal Year 2022-23.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of October, 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. 2023-79 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 October, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2022-23
Budget Amendment No. 2023-021
Fourth Quarter Financial Report
Fund Name (No.)
Current
Budget
Proposed
Amendment
Amended
Budget
General Fund (110)
Revenue 83,094,008 3,400,011 86,494,019
Expenditures 87,969,788 3,054,260 91,024,048
Revenue Less Expenditures -$4,875,780 $345,751 -$4,530,029 Capital Projects (160)
Revenue 2,924,000 -400,000 2,524,000
Expenditures 7,719,307 0 7,719,307
Revenue Less Expenditures -$4,795,307 -$400,000 -$5,195,307 CA Bureau of State Comm. Corr. (239)
Revenue 0 0 0
Expenditures 0 1 1
Revenue Less Expenditures $0 -$1 -$1
COPS/SLESF (155)
Revenue 271,130 271,130
Expenditures 689,305 15,000 704,305
Revenue Less Expenditures -$418,175 -$15,000 -$433,175
CRV Recycling Grant (158)
Revenue 28,000 26,370 54,370
Expenditures 28,000 4,480 32,480
Revenue Less Expenditures $0 $21,890 $21,890
Debt Service - City (300)
Revenue 15,446,948 -800,000 14,646,948
Expenditures 15,258,000 113,000 15,371,000
Revenue Less Expenditures $188,948 -$913,000 -$724,052
Measure M (235)
Revenue 1,539,700 1,539,700
Expenditures 2,520,225 -99,999 2,420,226
Revenue Less Expenditures -$980,525 $99,999 -$880,526
PDF A - Del Norte (170)
Revenue 0 0 0
Expenditures 30,000 3,375 33,375
Revenue Less Expenditures -$30,000 -$3,375 -$33,375
Fund Name (No.)
Current
Budget
Proposed
Amendment
Amended
Budget
PDF D Walmerado-Cam. (173)
Revenue 30,020 3,375 33,395
Expenditures 339,218 6,425 345,643
Revenue Less Expenditures -$309,198 -$3,050 -$312,248
Redevelopment Obligation Ret. (810)
Revenue 13,002,110 71,140 13,073,250
Expenditures 1,432,558 2,003,610 3,436,168
Revenue Less Expenditures $11,569,552 -$1,932,470 $9,637,082 Retirement Health Savings Plan (368)
Revenue 400 0 400
Expenditures 0 3,900 3,900
Revenue Less Expenditures $400 -$3,900 -$3,500
Self-Insurance General/Auto Liab (361)
Revenue 2,201,600 2,422,110 4,623,710
Expenditures 1,650,000 3,153,000 4,803,000
Revenue Less Expenditures $551,600 -$730,890 -$179,290
Self-Insurance Workers' Comp (363)
Revenue 1,375,395 250,000 1,625,395
Expenditures 1,378,000 1,400,000 2,778,000
Revenue Less Expenditures -$2,605 -$1,150,000 -$1,152,605 Sportsplex (242)
Revenue 843,413 94,080 937,493
Expenditures 843,413 0 843,413
Revenue Less Expenditures $0 $94,080 $94,080
Successor Agency Admin. (815)
Revenue 0 250,000 250,000
Expenditures 250,000 0 250,000
Revenue Less Expenditures -$250,000 $250,000 $0
Transportation Development Act (128)
Revenue 70,000 0 70,000
Expenditures 140,000 10 140,010
Revenue Less Expenditures -$70,000 -$10 -$70,010
Used Oil Block Grant (149)
Revenue 0 0 0
Expenditures 14,700 26,370 41,070
Revenue Less Expenditures -$14,700 -$26,370 -$41,070
Fund Name (No.)
Current
Budget
Proposed
Amendment
Amended
Budget
WC Community Services Foundation (220)
Revenue 109,562 0 109,562
Expenditures 398,835 168,000 566,835
Revenue Less Expenditures -$289,273 -$168,000 -$457,273 Equitable Sharing-US Treas (118)
Revenue 0 42,230 42,230
Expenditures 0 0 0
Revenue Less Expenditures $0 $42,230 $42,230
AGENDA ITEM NO. 7

It is recommended that the City Council take the following actions:

2. Adopt the attached resolution authorizing the necessary budget amendments:

RESOLUTION NO. 2023-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 (2023-2024 OFFICE OF TRAFFIC

SAFETY GRANT)
DISCUSSION:

The Police Department applied for and obtained a competitive grant from the State of California, Office of Traffic Safety (OTS), through the Selective Traffic Enforcement Program (STEP). The overall goal of this grant is to reduce fatal and injury collisions in West Covina by funding special enforcement mobilizations identified by OTS as best practice strategies. These include saturation patrols, sobriety checkpoints, and traffic enforcement operations that target problematic locations. Most of this grant is comprised of sworn officer overtime, with a small portion for mandatory training and supplies.

This is a reimbursable grant, contributing $63,000 exclusively for the project activities, between October 1, 2023 and September 30, 2024. These funds cannot be used for other purposes or to supplant existing law enforcement funding.

LEGAL REVIEW:

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

Prepared by: Alex Houston, Police Administrative Services Manager Additional Approval: Tony Cortina, Acting Chief of Police Additional Approval: Stephanie Sikkema, Finance Director Fiscal Impact
FISCAL IMPACT:

The City will receive $63,000 in reimbursement funds from OTS during the grant period. As detailed in the proposed budget amendment, staff is recommending an expenditure appropriation of this amount and a balancing revenue appropriation in Fund 207. There is no impact to the City’s General Fund.

Fund 207
Current
FY2023-24 Budget
Proposed
Amendment
Amended
FY2023-24 Budget
Beginning Fund Balance 0 0
Revenue 0 63,000 63,000
Expenditures 0 63,000 63,000
Revenue Less Expenditures $0 $0 $0
Ending Fund Balance $0 $0
Attachments
Attachment No. 1 - Grant Agreement PT24218
Attachment No. 2 - Resolution No. 2023-78
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
8/21/2023 1:15:09 PM Page 1 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24218

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
West Covina From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
West Covina Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $63,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steve Spagon
Sergeant
[email protected]
(626) 939-8513
1444 West Garvey Avenue South
West Covina, CA 91790
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Paulina Morales
Acting City Manager
[email protected]
(626) 939-8401
1444 West Garvey Avenue South
West Covina, CA 91790
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Alex Houston
Admin. Services Manager
[email protected]
626-939-8536
1444 West Garvey Avenue South
West Covina, CA 91790
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
8/21/2023 1:15:09 PM Page 2 of 16

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $63,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$63,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $63,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:
zhhflmkmzkl1
1444 W. Garvey Ave. S.

West Covina
91790
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
8/21/2023 1:15:09 PM Page 3 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24218

1. PROBLEM STATEMENT
With a population of about 110,000, the City of West Covina lies in the heart of the San Gabriel Valley (eastern Los Angeles County). Encompassing 17 square miles, the City is a mix of residential and retailshopping areas, right off of the Interstate 10 freeway. West Covina houses the major shopping mall in the region (the Plaza at West Covina), over two dozen schools, and several other areas with traffic concerns.

The Interstate 10 Freeway (the San Bernardino Freeway) covers the northern end of the city. Vehicle traffic to and from the I-10 congests several major feeder streets, especially during commute hours. West Covina encompasses 225 miles of road, making the City particularly dense in terms of vehicular traffic.

In 2022, West Covina experienced 6 deaths caused by traffic crashes, and 409 injuries caused by traffic crashes. West Covina Police made 62 DUI arrests in 2022, and there were 2 traffic deaths involving alcohol/drugs and 72 traffic injuries involving alcohol/drugs. Two Pedestrians were killed, and 358 pedestrians were injured in 2022. In the first half of federal fiscal year 2022-23, West Covina experienced 3 traffic deaths and 235 traffic injuries. Twenty-two of those injuries involving alcohol, and 26 were during the night-time. West Covina’s primary crash factors, contributing to both fatalities and injuries, are speeding, turn violations, and left/u-turn violations. In 2022, there were 69 speed related traffic crashes, and West Covina Police issued 1,181 speeding citations.

West Covina currently faces a range of traffic problems and lacks the staffing to fully address them. In 2007- 2008, the West Covina Police Department had 127 sworn positions. The subsequent years saw recession driven local revenue declines and state revenue takeaways, resulting in unprecedented reductions in City services and staffing, leaving the Police Department currently with only 100 sworn positions. The Traffic Unit was cut from 8 positions to 3 (including a supervisor) and targeted traffic enforcement efforts consequently fell. As detailed in the Traffic Data Summary section, certain traffic problems are of specific concern. Chief among these are fatal and injury crashes at night. A grant from OTS to fund overtime for targeted enforcement activities (at the times and locations revealed by data analysis) will help address these traffic problems, serving all residents and travelers across the entire City of West Covina.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number
8/21/2023 1:15:09 PM Page 4 of 16

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 1 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 7. Conduct DUI Saturation Patrol operation(s). 12

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
9 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
1 10. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 1

11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
8/21/2023 1:15:09 PM Page 5 of 16
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. 8/21/2023 1:15:09 PM Page 6 of 16
 Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
8/21/2023 1:15:09 PM Page 7 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24218

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$38,000.00
402PT-24 20.600 State and Community Highway
Safety
$25,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $8,000.00 2 $16,000.00
DUI Saturation Patrols 164AL-24 $1,400.00 12 $16,800.00 Benefits for 164AL OT @ 11.55% 164AL-24 $32,800.00 1 $3,788.00 Traffic Enforcement 402PT-24 $1,400.00 9 $12,600.00
Distracted Driving 402PT-24 $1,400.00 1 $1,400.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,400.00 2 $2,800.00 Night-time Click It Or Ticket 402PT-24 $1,400.00 1 $1,400.00 Traffic Safety Education 402PT-24 $500.00 2 $1,000.00
Benefits for 402PT OT @ 11.55% 402PT-24 $19,200.00 1 $2,218.00 Category Sub-Total $58,006.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $3,582.00 1 $3,582.00
$0.00
Category Sub-Total $3,582.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $1,412.00 1 $1,412.00
Category Sub-Total $1,412.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $63,000.00
8/21/2023 1:15:09 PM Page 8 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24218

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 164AL OT @ 11.55% - Benefit breakdown:

Workers compensation 10%
Medicare 1.45%
Unemployment 0.1%
Total benefits 11.55%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT OT @ 11.55% - Benefit breakdown:

Workers compensation 10%
Medicare 1.45%
Unemployment 0.1%
Total benefits 11.55%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. 8/21/2023 1:15:09 PM Page 9 of 16
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 8/21/2023 1:15:09 PM Page 10 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24218
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
8/21/2023 1:15:09 PM Page 11 of 16
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 8/21/2023 1:15:09 PM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 8/21/2023 1:15:09 PM Page 13 of 16

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/21/2023 1:15:09 PM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/21/2023 1:15:09 PM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
8/21/2023 1:15:09 PM Page 16 of 16

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

ATTACHMENT NO. 2
RESOLUTION NO. 2023-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2023 AND ENDING JUNE 30, 2024 (2023-2024

OFFICE OF TRAFFIC SAFETY GRANT)
WHEREAS, on April 18, 2023, the City Manager presented to the City Council a proposed budget for Fiscal Year 2023-24 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, following the initial presentation of the proposed budget for Fiscal Year 2023-24, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and WHEREAS, on June 6, 2023, the City Council adopted a budget for the 2023-2024 Fiscal Year; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

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

SECTION 1. The City Council hereby approves Budget Amendment No. 2024-03, attached hereto as Exhibit A, for Fiscal Year 2023-24.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of October, 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. 2023-78 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 October, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2023-24
Budget Amendment No. 2024-03
2023-2024 Office of Traffic Safety Grant
Fund Current Budget
Proposed
Amendment
Amended
Budget
207 - OTS Grants
Revenue $ 0 $ 63,000 $ 63,000
Expenditures $ 0 $ 63,000 $ 63,000
Revenue Less Expenditures $ 0 $ 0 $ 0
AGENDA ITEM NO. 8

ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA)

FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT

DATABASE
RECOMMENDATION:

It is recommended that the City Council authorize the Acting City Manager to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for collecting and reporting data for the National Transit Database (NTD), in substantially the form as attached and in such final form as approved by the City Attorney.

BACKGROUND:

After data reporting was required by Congress in 1974, the Federal Transit Administration's (FTA) NTD was set up to be the repository of data about the financial, operating, and asset conditions of American transit systems. The NTD records the financial, operating, and asset conditions of transit systems, helping to keep track of the industry and provide public information and statistics. The NTD is designed to support local, state and regional planning efforts and help governments and other decision-makers make multi-year comparisons and perform trend analyses. It contains a wealth of information such as agency funding sources, inventories of vehicles and maintenance facilities, safety event reports, measures of transit service provided and consumed, and data on transit employees.

FTA uses NTD data to apportion funding to urbanized and rural areas in the United States. Transit agencies report data on a number of key metrics including Vehicle Revenue Miles (VRM), Vehicle Revenue Hours (VRH), Passenger Miles Traveled (PMT), Unlinked Passenger Trips (UPT), and Operating Expenses (OE).

On November 14, 1980, the voters of the County of Los Angeles approved Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes. At its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data. Annually, data collected by the City's transit contractor is reported by staff to the NTD.

DISCUSSION:

At its June 24, 2021 Board meeting, LACMTA approved the Fiscal Year (FY) 2022-23 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2020-21. Based on its participation in the program, West Covina may invoice LACMTA in the amount of $217,807 in Proposition A Incentive funds. These Proposition A Incentive funds are separate from the Proposition A funds that are used for the annual Fund Exchange.

This amount is determined by the amount of Vehicle Revenue Miles and the FTA Unit Rate of $0.56852457757242847. Vehicle Revenue Miles are the miles a vehicle travels while in revenue service.

This excludes travel to and from storage facilities, training operators prior to revenue service, road tests and deadhead travel, as well as school bus and charter services. Also included in this amount is a one-time allocation of ARPA Act equivalent Program Funds in the amount of $104,328. These funds are intended to support transit programs impacted by the COVID-19 pandemic.

Except for Fund Exchange, Proposition A Incentive funds may be used for all other regular Proposition A-eligible transportation activities.

LEGAL REVIEW:

The City Attorney's Office will review and approve the agreement as to form prior to execution.

Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:

Once the memorandum of understanding is executed, the City may invoice for payment in the amount of $217,807. The funds will be deposited in Fund 120 - Proposition A Discretionary.

Attachments
Attachment No. 1 - MOU with LACMTA - Prop A Incentive NTD Voluntary CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
1 MOUPAIWECO23000

PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM

MEMORANDUM OF UNDERSTANDING

FOR COLLECTING AND REPORTING DATA FOR THE

NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2021
This Memorandum of Understanding (MOU) is entered into as of May 1, 2023 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of West Covina (the “City”).

WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and
WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and WHEREAS, at its June 24, 2021 meeting, LACMTA approved the Fiscal Year FY 2022-23 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2020-21; and
WHEREAS, the City has voluntarily submitted their FY2020-21 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and
WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2020-21 Report Year (the “Project”); and
WHEREAS, on March 15, 2022, the Federal Transit Administration (FTA) published in the Federal Register the FY 2022-23 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.

NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:

ATTACHMENT NO. 1
2 ARTICLE 1. TERM

1.0 This Memorandum of Understanding (“MOU”) will be in effect from May 1, 2023, through June 30, 2026 at which time all unused funds shall lapse.

ARTICLE 2. STANDARDS

2.0 To receive payment for the submittal of the FY 2020-21 NTD statistics, the City warrants that it:

A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;
B. Prepared and submitted the FY 2020-21 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before October 31, 2021;
ARTICLE 3. PAYMENT OF FUNDS TO CITY

3.0 LACMTA shall pay the City for collecting and reporting FY 2020-21 NTD statistics.

LACMTA shall pay the City for submitting the FY 2020-21 ANNUAL NTD REPORT for the applicable transit services as follows:

MOTOR BUS SERVICE
For City’s motor bus service, LACMTA shall pay an amount equal to the 167,140 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.56852457757242847 per revenue vehicle mile. See Attachment A for detail.

DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 32,463 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.56852457757242847 per revenue vehicle mile. See Attachment A for detail.

ARPA ACT EQUIVALENT SUPPLEMENTAL FUNDING
LACMTA shall pay up to $104,328 in ARPA Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic.

3.1 The City shall submit one invoice to LACMTA prior to June 30, 2026, in the amount of $217,807 to receive its payment described above.
3 3.2 INVOICE BY CITY:

Send invoice with supporting documentation to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]
Re: LACMTA MOU# MOUPAIWECO23000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS

4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.

4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.

4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.

4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.

4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.

ARTICLE 5. REMEDIES

5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.
4 ARTICLE 6. MISCELLANEOUS

6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.

6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.

ARTICLE 7. CONTACT INFORMATION

7.0 LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)

7.1 City’s Address:

West Covina
1444 W. Garvey Ave. South
West Covina,CA 91790
Attn: Kelly McDonald
[email protected]
5 IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:

CITY:

City of West Covina Los Angeles County Metropolitan
Transportation Authority
_________________________ By: ___________________________ STEPHANIE N. WIGGINS
Mayor/City Manager Chief Executive Officer
Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: __________________

ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '20
Using FY '22 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Total Vehicle
Revenue Miles
Total Vehicle
Revenue Hours
Total
Passenger
Trips
Total Passenger
Miles
Total Operating
Costs $ from VRM $from OPCOST Total Generated
Total ($)Due to Jursd Before
Tier 2 Deduction
Tier II
Operator
Deduction
ARPA
Allocation
Amount
Total ($)Due to
Jurisdiction
Glendale MB 802,412 91,653 1,828,547 781,940 8,888,224 456,190.94 1,570 $ 457,760 457,760 (50,864) 303,901 710,798 Pasadena MB 721,701 70,280 1,759,735 6,017,984 410,304.76 11,740 $ 422,045 422,045 (46,895) 302,275 677,425 LADOT COMMUNITY DASH MB 3,933,868 306,203 4,816,987 5,890,826 41,955,907 2,236,501 18,871 $ 2,255,372 2,255,372 (258,914) 1,996,457 LADOT DEPARTMENT OF AGING DR 147,266 28,555 105,917 374,965 4,247,161 83,724 755 $ 84,480 84,480 84,480 Total LADOT 4,081,134 334,758 4,922,904 6,265,791 46,203,068 2,320,225 19,627 $ 2,339,851 $ 2,339,851 $ 2,080,937 -
Total NTD 5307 Funds 5,605,247 496,691 6,751,451 8,807,466 61,109,276 3,186,721 32,936 3,219,657 3,219,657 (356,674) 3,469,160 -
FY23 Revenue Mile Rate *
FY23 Passenger Mile Rate

0.5685246

0.0228161
Voluntary NTD Reporting-FY15, RY2013

ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY21
Using FY23 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Number of
Vehicles in
Operation
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
ARPA
Allocation
Total
($)Due to
Jurisdiction
Alhambra MB 8 174,548 99,234.83 123,984 223,219
Alhambra DR 7 65,562 37,273.61 37,274
Artesia DR (DT) 5 3,067 1,743.66 5,744 7,488
Azusa DR 6 39,334 22,362.35 43,058 65,421
Baldwin Park MB 6 213,561 121,414.68 106,057 227,472
Baldwin Park DR 2 18,695 10,628.57 10,629
Bell MB 1 30,952 17,596.97 25,536 43,133
Bell DR 9 12,370 7,032.65 7,033
Bellflower MB 2 72,260 41,081.59 44,082 85,164
Bellflower DR 2 9,946 5,654.55 5,655
Bell Gardens MB 3 9,360 5,321.39 67,785 73,107
Bell Gardens DR 3 3,550 2,018.26 2,018
Burbank MB 14 209,767 119,257.70 (23,294) 121,213 217,176 Calabasas MB 11 19,026 10,816.75 58,950 69,767
Calabasas DR 1 13,375 7,604.02 7,604
Carson MB 7 - - -
Carson DR 15 48,004 27,291.45 201,215 228,507
Cerritos MB 5 102,412 58,223.74 109,430 167,653
Cerritos DR 10 27,863 15,840.80 15,841
Compton MB 5 201,645 114,640.14 59,542 174,182
Compton DR 2 262 148.95 149
Covina DR 4 35,933 20,428.79 28,025 48,454
Cudahy MB 1 34,666 19,708.47 25,383 45,091
Cudahy DR 5 12,671 7,203.77 7,204
Downey MB 7 98,124 55,785.91 91,941 147,727
Downey DR 16 28,537 16,223.99 16,224
Duarte MB 2 DID NOT REPORT F - -
El Monte MB 7 220,080 125,120.89 139,311 264,432
El Monte DR 6 40,988 23,302.69 23,303
Glendora MB 3 30,216 17,178.54 84,874 102,052
Glendora DR 10 40,953 23,282.79 23,283
Huntington Park MB 5 143,351 81,498.57 98,850 180,349
Huntington Park DT 13 49,741 28,278.98 28,279
LACDPWAvocado MB 1 39,443 22,424.31 384,520 17,928 424,872 ####### LACDPWELA MB 6 240,616 136,796.11 146,701 283,497
LACDPWELA DR 7 21,761 12,371.66 12,372
LACDPWEast Valinda MB 1 44,071 25,055.45 20,174 45,230
LACDPWKing Medical MB 1 38,912 22,122.43 16,171 38,294
LACDPWWillowbrook Shuttle MB 2 81,466 46,315.42 37,660 83,976 LACDPWS.Whittier MB 4 214,948 122,203.22 93,642 215,846 LACDPWAthens MB 1 35,798 20,352.04 16,882 37,234
LACDPWLennox MB 33,598 19,101.29 13,227 32,329
LACDPWFloranceFirestone MB 2 58,251 33,117.13 22,134 55,251 Lakewood DR 12 43,500 24,730.82 28,689 53,420
Lawndale MB 2 DID NOT REPORT F - -
Lynwood MB 4 147,147 83,656.69 62,365 146,022
Malibu DT 9 4,972 2,826.70 6,786 9,613
ManhattanBeach DR 4 15,507 8,816.11 22,437 31,253
Maywood MB 2 27,586 15,683.32 26,242 41,925
Maywood DR 2 18,912 10,751.94 10,752
MontereyPark MB 6 - - -
MontereyPark DR 3 12,957 7,366.37 111,576 118,942
Pico Rivera DR 3 6,739 3,831.29 9,497 13,328
Rosemead MB 2 110,762 62,970.92 80,604 143,575
Rosemead DR 3 23,337 13,267.66 13,268
Santa Fe Springs DR 2 8,751 4,975.16 9,191 14,166
South Gate MB 5 114,125 64,882.87 162,051 226,934
South Gate DT 9 107,991 61,395.54 61,396
SouthPasadena DR 5 14,995 8,525.03 16,319 24,844
WestCovina MB 4 167,140 95,023.20 104,328 199,351
WestCovina DR 4 32,463 18,456.01 18,456
West Hollywood MB 4 116,405 66,179 52,393 118,572
Total 313 3,676,567 2,090,219 361,226 5,029,603
FY23 Revenue Mile Rate 0.568524578
AGENDA ITEM NO. 9

It is recommended that the Board of Directors of the West Covina Community Services Foundation receive and file this report.

BACKGROUND:

On February 1, 2005, the City of West Covina authorized the formation of the West Covina Community Services Foundation (Foundation), a California Public Benefit Corporation. According to the bylaws (Attachment No. 1), the Foundation was organized for charitable purposes to “provide services beneficial to the public interest by seeking to offer, improve, or expand services that enhance the quality of life for residents.”
The Foundation does this by receiving gifts of funds from donors for specific purposes (i.e., 4th of July Celebration, Summer Concerts, etc.). In addition, funds are raised to provide new recreational opportunities, increase public safety services, preserve City equipment and facilities, and the pursuit of other benefits of public interest. The Foundation also allows the City to be more competitive when seeking grant funding to help provide such services.

The Foundation’s Board of Directors consists of the West Covina City Council, with the Mayor as the Chairperson of the Board and the Mayor Pro Tem as the Vice Chairperson of the Board. The City Manager serves as the Foundation’s President, City Clerk as the Secretary, and Finance Director as the Chief Financial Officer.

The Foundation received its Internal Revenue Service tax deductible 501(c)3 status on June 16, 2006 (Tax ID # 43-2085596).

DISCUSSION:

Pursuant to the bylaws, the Board of Directors is required to cause an annual report to be furnished no later than one hundred and twenty (120) days after the close of the Foundation's fiscal year (June 30) to all Directors of the Foundation. The annual report is required to contain the following information:

The assets and liabilities, including the trust funds, of the Foundation at the end of the fiscal year; The principal changes in assets and liabilities, including trust funds, during the fiscal year; The revenue or receipts of the Foundation, both unrestricted and restricted to particular purposes, for the fiscal year; and
The expenses or disbursements of the Foundation, for both general and unrestricted purposes, for the fiscal year.

The annual report must be accompanied by either a report of independent accountants or a certificate of an authorized officer of the Foundation that such statements were prepared without audit from the books and records of the Foundation.

The Finance Department is responsible for monitoring and preparing the Foundation’s Annual Report.

The funds are also listed in the City’s Adopted Budget each year. The FY 2022-2023 Annual Report is included as Attachment No. 2.

Prepared by: Kelly McDonald, Public Services Manager
Additional Approval: Stephanie Sikkema, Finance Director Fiscal Impact
FISCAL IMPACT:

Attached to this report is a Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance for the Foundation for Fiscal Year 2022-23 (Attachment No. 2). The report shows that a cumulative total of $213,475 in revenues were collected and $427,382 in funds were expended. As of June 30, 2023, the Foundation has a fund balance of $76,762. The financial information included in this report is preliminary, unaudited and subject to revision upon completion of the City's closing and audit.

Revenues have been collected in a variety of ways. Donations are received from businesses and residents wanting to donate for a special cause or program (i.e., Veterans Memorial, Police Wall of Honor, Fire Explorer Program, Senior Services, Special Events, etc.). Funds raised at community events are also set aside in the Foundation to offset the costs of offering those individual programs (i.e., sponsorships at Summer Concerts, Spring Festival, etc.). Donated funds are utilized for the projects and programs identified prior to any City General Fund dollars being utilized. Without these donations, many of these programs and events might not have happened, because of the impact on the City’s General Fund.

Attachments
Attachment No. 1 - Bylaws of West Covina Community Services Foundation Attachment No. 2 - Annual Report
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
BYLAWS
OF
ATTACHMENT N0.1
West Covina Community Services Foundation, Incorporated

A CALIFORNIA PUBLIC BENEFIT CORPORATION
ARTICLE 1
NAME
The name of this corporation is "West Covina Community Services Foundation, Incorporated."
ARTICLE 2

OFFICES
SECTION 1. PRINCIPAL OFFICE
The principal office of the Corporation for the transaction of its business is West Covina City Hall, 1441 West Garvey Avenue, West Covina, 91790 located in Los Angeles County, California.

SECTION 2. OTHER OFFICES
The Corporation may also have subordinate offices at such other places, within the city of West Covina, where it is qualified to do business, as its business may require and as the board of directors may, from time to time, designate.

ARTICLE 3

PURPOSES
SECTION 1. OBJECTIVES AND PURPOSES
This Corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 ( c)(3) of the Internal Revenue Code. The primary objectives and purposes of this Corporation shall be:
(1 ) To provide services beneficial to the public interest by seeking to offer, improve, or expand services that enhance the quality of life for residents including, but not limited to:
a. Recreational opportunities for residents, i.e., hiking, walking, and equestrian trails, aquatics, sports, parks and open space, classes, etc.;
b. Public safety services, i.e., police and fire services to residents; c. Social services, i.e., nutritious meals for seniors and youth, case management, counseling, etc., for residents; and
d. Building and improving City facilities and infrastructure. (2) Preservation of buildings, structures, documents, etc., of historical significance to the community.
(3) To qualify and be more competitive when seeking to acquire grant funding to help provide such services to residents and in this way mitigate the financial impact to the City government.
(4) To receive gifts of funds for specific purposes.
(5) To pursue any other opportunities available that would benefit the public interest.

ARTICLE 4

DIRECTORS
SECTION 1. NUMBER
The Corporation shall have five (5) directors and collectively they shall be known as the Board of Directors. The Board of Directors shall consist of the members of the West Covina City Council. The number and requirement that the Directors be City Councilmembers may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws.

SECTION 2. POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this Corporation, the activities and affairs of this Corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Unless otherwise provided pursuant to amendment of these bylaws, voting rights in this Corporation shall remain vested solely in the Board of Directors.
2 SECTION 3. DUTIES
It shall be the duty of the Directors to:
(1) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this Corporation, or by these Bylaws;
(2) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties, of all officers, agents and employees of the Corporation;
(3) Supervise all officers, agents and employees of the Corporation to assure that their duties are performed properly;
( 4) Meet at such times and places as required by these Bylaws; (5) Register their addresses with the Secretary of the Corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof.

SECTION 4. DESIGNATION OF CHAIRPERSON AND VICE CHAIRPERSON.

The Mayor shall serve as the Chairperson of the Board during his or her term as Mayor, or until he or she resigns or is otherwise disqualified to serve, whichever occurs first. However, should the Mayor wish that another Board Member replace him or her the as Chairperson, then the Board shall elect another Board Member as the Chairperson. The Mayor Pro-Tern shall serve as the Vice Chairperson of the Board during his or her term as Mayor Pro-Tern, or until he or she resigns or is other.vise disqualified to serve, whichever occurs first.

However, should the Mayor Pro-Tern wish that another Board Member replace him or her the as Vice Chairperson, then the Board shall elect another Board Member as Vice Chairperson. At no time shall the same person serve concurrently as Chairperson and the Vice Chairperson of the Board.

SECTION 5. DUTIES OF CHAIRPERSON OF THE BOARD
The Chairperson shall supervise and manage/direct the affairs of the Corporation. He or she shall perform all duties incident to his or her position as Chairperson and such other duties as may be required by law, by the Articles of Incorporation or the Bylaws, or which may be prescribed from time to time by the Board of Directors. The Chairperson shall preside at all meetings of the Board.

Except as othervvise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the Corporation, execute such 3 deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors.

SECTION 6. DUTIES OF VICE CHAIRPERSON OF THE BOARD
In the absence of the Chairperson, or in the event of his or her inability to or refusal to act, the Vice Chairperson shall perform all the duties of the Chairperson and when so acting shall have all the powers of, and be subject to all the restrictions of the Chairperson. The Vice Chairperson shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these bylaws, or as may be prescribed by the Board of Directors.

SECTION 7. TERMS OF OFFICE
The term of office for each Director shall run concurrently with his or her term of office on the City Council.

SECTION 8. PLACE OF MEETINGS
Meetings shall be held at the principal office of the Corporation unless otherwise provided in these Bylaws or at such place within the City of West Covina, which has been designated from time to time by resolution of the Board of Directors.

SECTION 9. REGULAR AND ANNUAL MEETINGS
Regular meetings of the Board of Directors shall be held, as needed, on the first and/or third Tuesday of each month at 7:00 PM, to coincide with City Council Meetings. The annual meeting of the Board of Directors shall coincide with the annual meeting at which the City Council adopts the fiscal year budget.

SECTION 10. SPECIAL MEETINGS
Special meetings of the Board of Directors may be called by the Chairperson of the Board of Directors, or by any two Directors, and such meetings shall be held at the place, within the City of West Covina, designated by the person or persons calling the meeting, and in the absence of such designation, at the principal office of the Corporation.

SECTION 11. NOTICE OF MEETINGS
Noticing of all meetings shall be done in compliance with Govt. Codes 54954.2 and 54956 (Brown Act). Regular meetings shall be noticed at least seventy-two 4 (72) hours in advance of the meeting. Special meetings shall be noticed at least twenty-four (24) hours in advance of the meeting.

Notice shall be given of any adjourned regular or special meeting to Directors absent from the original meeting if the adjourned meeting is held more than twenty-fou·r (24) hours from the time of the original meeting.

SECTION 12. QUORUM FOR MEETINGS
A quorum shall consist of three (3) Directors.

Except as otherwise provided in these Bylaws or in the Articles of Incorporation of this Corporation, or by law, no business shall be considered by the Board of Directors at any meeting at which a qu_orum, as defined above, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the Board of Directors.

The Directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of Directors from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, or the Articles of Incorporation or Bylaws of this Corporation.

SECTION 13. MAJORITY ACTION AS BOARD ACTION
Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5212), approval of contracts or transactions in which a director has a material financial interest (Section 5233) and indemnification of directors (Section 5238e), require a greater percentage or different voting rules for approval of a matter by the board . .

SECTION 14. CONDUCT OF MEETINGS
Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the Vice Chairperson or, in his or her absence, by the Director chosen a majority of the Directors present at the meeting. The Secretary of the Corporation shall act as Secretary of all meetings of the Board of Directors, 5 provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting.

The provisions of the Brown Act (Gov. Code §54950 et seq.) shall apply to the conduct of meetings of the Corporation. Meetings shall be governed by Roberts's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this Corporation, or with provisions of law.

SECTION 15. NON·LIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation.

SECTION 16. INSURANCE FOR CORPORATE AGENTS
Members of the Board of Directors and Officers of the Corporation are insured under the City's umbrella insurance policy for liability caused or incurred while acting within the scope of their duties as Members of the Board of Directors and/or Officers of the Corporation.

SECTION 17. PREMATURE VACANCIES ON BOARD
Whenever there is a vacancy in the office of one of the at-large directors whether by reason of death, resignation, removal, disqualification or otherwise, the vacancy shall be temporarily filled by the Community Services Director until the vacancy is filled by majority vote of the remaining board members.

ARTICLE 5

OFFICERS
SECTION 1. NUMBER OF OFFICERS
The officers of the Corporation shall be a President, Secretary and Chief Financial Officer. The City Manager shall serve as President, the City Clerk shall serve as the Secretary and the Finance Director shall serve as the Chief Financial Officer. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as the President, Chairperson or Vice Chairperson of the Board. 6 -SECTION 2. QUALIFICATION AND TERM OF OFFICE
The City Manager, City Clerk and Finance Director shall serve as President, Secretary and Chief Financial Officer, respectively, until he or she resigns or is removed by a majority vote of the Board of Directors, or is otherwise disqualified to serve, whichever occurs first
SECTION 3. SUBORDINATE OFFICERS
The Board of Directors may appoint such other officers or agents as it may deem desirable, and such officers shall serve such · terms, have such authority, and perform such duties as may be prescribed from time to time by the Board of Directors.

SECTION 4. VACANCIES
Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors in accordance with these Bylaws and applicable law.

SECTION 5. DUTIES OF PRESIDENT
The President shall be the administrative head of the Corporation and its affairs and he/she shall operate under the direction and control of the Board of Directors except as otherwise provided by law, by the Articles of Incorporation, or by these Bylaws. He/she shall be responsible for the efficient administration of all the affairs of the Corporation which are under his/her control. He/she shall prescribe such administrative rules and procedures as he may deem proper or necessary for the general conduct and operation of the Corporation's affairs under his control. He/she shall perform any and all duties imposed on him/her by law, by the Articles of Incorporation, by these Bylaws or by the Board. Upon the request and authorization of the Board, the President may enter into any contract, or execute and deliver any instrument, in the name of and on behalf of, the Corporation _ The President shall supervise all agents of the Corporation to assure that their duties are performed properly. He/she shall meet at such times and places as required by these bylaws. It shall be the duty of the President to recommend to the Board the adoption of measures he/she deems necessary for the efficient operation of the Corporation. Unless provided for in SECTION 6. DUTIES OF SECRETARY
The Secretary shall:
7 (1) Certify and keep at the principal office of the Corporation the original, or a copy of these Bylaws as amended or otherwise altered to date. (2) Keep at the principal office of the Corporation or at such other place as the board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. (3) See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.
(4) Be custodian of the records and of the seal of the Corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the Corporation under its seal is authorized by law or these Bylaws.
(5) Keep at the principal office of the Corporation a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased.
(6) Exhibit at all reasonable times to any director of the Corporation, or to his or her agent or attorney, on request therefore, the Bylaws, the membership book, and the minutes of the proceedings of the directors of the Corporation.
(7) In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors
SECTION 7. DUTIES OF CHIEF FINANCIAL OFFICER
Subject to the provisions of these Bylaws relating to the "Execution of Instruments, Deposits and Funds," the Chief Financial Officer shall:
(1) Have charge and custody of, and be responsible for, all funds and securities of the Corporation, and deposit all such funds in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors.
8 (2) Receive, and give receipt for, monies due and payable to the Corporation from any source whatsoever.
(3) Disburse, or cause to be disbursed, the funds of the Corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements.
( 4) Keep and maintain adequate and correct accounts of the Corporation's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. (5) Exhibit at all reasonable times the books of account and financial records to any director of the Corporation, or to his or her agent or attorney, upon request
(6) Render to the Board of Directors, whenever requested, an account of any or all of his or her transactions as Chief Financial Officer and of the financial condition of the Corporation.
(7) Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. (8) In general, perform all duties incident to the office of Chief Financial Officer and such other duties as may be required by law, by the Articles of Incorporation of the Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors.

ARTICLE 6

EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
SECTION 1. EXECUTION OF INSTRUMENTS
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

SECTION 2. CHECKS AND NOTES
Except as otherwise specifically tjetermined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, 9 orders for the payment of money, and other evidence of indebtedness of the Corporation shall be signed by the Chief Financial Officer and countersigned by the Chairperson of the Board of Directors.

SECTION 3. DEPOSITS
All funds of the Corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select.

SECTION 4. GIFTS
The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation.

Limitations on gifts to individual Directors shall comply with the Political Reform Act and the Fair Political Practices Commission.

ARTICLE 7

CORPORATE RECORDS, REPORTS AND SEAL
SECTION 1. MAINTENANCE OF CORPORATE RECORDS
The Corporation shall keep at its principal office in the State of California:
(1) Minutes of all meetings of directors, committees of the board and , indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof;
(2) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (3) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the Corporation at all reasonable times during office hours.

SECTION 2. CORPORA TE SEAL
The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.
10 SECTION 3. DIRECTORS' INSPECTION RIGHTS
Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation.

SECTION 4. RIGHT TO COPY AND MAKE EXTRACTS
Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts.

SECTION 5. ANNUAL REPORT
The Board shall cause an annual report to be furnished not later than one hundred and twenty (120) days after the close of the Corporation's fiscal year to all directors of the Corporation and, if this Corporation has members, to any member who requests it in writing, said report shall contain the following information in appropriate detail:
(1) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year;
(2) The principal changes in assets and liabilities, including trust funds, during the fiscal year;
(3) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year; ( 4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year;
The annual report shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the Corporation that such statements were prepared without audit from the books and records of the corporation.

ARTICLE 8

FISCAL YEAR
SECTION 1. FISCAL YEAR OF THE CORPORATION
The fiscal year of the Corporation shall begin on July 1 and end on the June 30 in each year.
11 ARTICLE 9

AMENDMENT OF BYLAWS
SECTION 1. AMENDMENT
Subject to any provision of law applicable to the amendment of Bylaws of public benefit nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted as follows:
(1) Subject to the power of members, if any, to change or repeal these Bylaws under Section 5150 of the Corporations Code, by approval of the Board of Directors unless the Bylaw amendment would materially and adversely affect the rights of members, if any, as to voting or transfer, provided, however, if this Corporation has admitted any members, then a Bylaw specifying or changing the fixed number of directors of the Corporation, the maximum or minimum number of directors, or changing from a fixed to variable board or vice versa, may not be adopted, amended, or repealed except as provided in subparagraph (2) of this Section; or (2) By approval of the members, if any, of this Corporation.

ARTICLE 10

AMENDMENT OF ARTICLES
SECTION 1. AMENDMENT OF ARTICLES BEFORE ADMISSION OF

MEMBERS
Before any members have been admitted to the Corporation, any amendment of the Articles of Incorporation may be adopted by approval of the Board of Directors.

SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS After members, if any, have been admitted to the Corporation, amendment of the Articles of Incorporation may be adopted by the approval of the Board of Directors and by the approval of the members of this Corporation.

SECTION 3. CERTAIN AMENDMENTS
Notwithstanding the above sections of this Article, this Corporation shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation of the names and addresses of the first directors of this Corporation, nor the name and address of its initial agent, except to 12 correct an error in such statement or to delete such statement after the corporation has filed a "Statement by a Domestic Non-Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law.

ARTICLE 11

MEMBERS
SECTION 1. DETERMINATION OF MEMBERS
If this Corporation makes no provision for members, then, pursuant to Section 5310(b) of the Nonprofit Public Benefit Corporation Law of the State of California, any action which would otherwise, under law or the provisions of the Articles of Incorporation or Bylaws of this Corporation, require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors.
13 WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS
We, the undersigned, are all of the persons named as the initial Directors in the Articles of Incorporation of the West Covina Community Services Foundation, Incorporated, a California Nonprofit Public Benefit Corporation, and, pursuant to the authority granted to the Directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, and hereby do, adopt the foregoing Bylaws, consisting of fourteen (14) pages, as the Bylaws of this Corporation.

Dated: '-i f 1 ~ frL( I I

CERTIFICATE
This is to certify that the foregoing is a true and correct copy of the Bylaws of the corporation named in the title thereto and that such Bylaws were duly adopted by the Board of Directors of said Corporation on the date set forth below.

Dated: Y /, C-f /, <-e
I
'T~ L - R sa!ia Conde, Secretary
14 ATTACHMENT NO. 2
Cash $ 62,775
Accounts Receivable 37,829
Prepaid Expenses 90,943
Interest Receivable -
Total Assets $ 191,547
Accounts Payable 114,785
Fund Balance $ 76,762
Total Liabilities and Fund Balance $ 191,547
West Covina Community Services Foundation, Inc.

Balance Sheet
June 30, 2023
Unaudited
Beginning Ending
Balance Balance Change
Cash $ 62,775 232,488 $ (169,712) $
Accounts Receivable 37,829 67,063 (29,233)
Prepaid Expenses 90,943 11,989 78,954
Interest Receivable - - -
Total Assets $ 191,547 311,539 $ $ (119,992)
Accounts Payable 114,785 20,870 93,915 $
Fund Balance 76,762 290,669 (213,907)
Total Liabilities and Fund Balance $ 191,547 311,539 $ $ (119,992) West Covina Community Services Foundation, Inc.

Changes in Assets and Liabilities
June 30, 2023
Unaudited
Revenues
Interest - $
Charges for Services -
Other Revenues 213,475
Revenue from Other Agencies -
Total Revenues 213,475
Expenditures
FN - Taxes filings -
PD - Misc Exp 63,753
FR - Explorer Program 2,895
PS - Misc Exp 9,428
PS - Summer Concerts 33,539
PS - Other Special Events 33,379
PS - Senior Center - Supplies, etc. 7,729
CD - Other Special Events 56,251
Other Special Events 220,407
Total Expenditures 427,382
Net Change in Fund Balance (213,907)
Fund Balance - Beginning of Year 290,669
Fund Balance - End of Year 76,762 $
West Covina Community Services Foundation, Inc.

Statement of Revenues, Expenditures and Changes in Fund Balance For the year ended June 30, 2023
Unaudited
Chief Financial Officer
West Covina Community Services Foundation, Inc.

West Covina Community Services Foundation, Inc.

Financial Certificate
For the year ended June 30, 2023
I, Stephanie Sikkema, certify that these statements were prepared without audit from the books and records of the corporation. Additionally, the financial information included in this report is preliminary, unaudited and subject to revision upon completion of the City's closing and audit.

AGENDA ITEM NO. 10

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: October 17, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: REQUEST FOR REVIEW OF SPORTS COUNCIL BYLAWS AND FACILITY ALLOCATION

PROCEDURES FROM COUNCILMAN TONY WU
RECOMMENDATION:

It is recommended that the City Council discuss and provide direction.

BACKGROUND:

The West Covina Sports Council (Sports Council) was created for the purpose of promoting organized youth sports activity within the community of West Covina and is comprised of one voting member from each non-profit youth sports league in the Sports Council. Resolution 1241, which was adopted on November 25, 1957, states:
“The purpose of the Council would be to promote better playing conditions for the community by:

1.Planning cooperatively with the City and the school districts to obtain playing space for those interested in the particular sport.

2.Setting up uniform schedules for all leagues in the Council and to see that they integrate with the school athletic schedules.

3. Generally acting as a policy-making group for the leagues.

The duty of the ex-officio member of the Council would be as follows:

1. To act as liaison between the Council and the Park and Recreation Commission;

2. To present the leagues' problems to the Commission

3. To assist the Council in their work with the school districts.” The Sports Council is governed by its Bylaws. The bylaws have been amended several times over the past two decades. The current version, amended on February 26, 2013, is attached. (Attachment No. 1).

Fee Exemption
According to the City’s Fee Schedule, Sports Council leagues are provided use of City athletic facilities at no charge in exchange for in-kind maintenance services of City facilities. (Note: There are several leagues that have not provided in-kind maintenance) To be eligible for free use of City facilities, Sports Council leagues are required to maintain at least 65% West Covina residency on their season-roster and have 12 teams or 132 players. This qualifying criteria was approved by the City Council on November 16, 2010 and October 2, 2012, respectively. By supporting Sports Council leagues with free facility use, the City helps ensure that children have recreational, skill building, and competitive opportunities to engage in sports.

Facility Allocation and Use Procedures
The City of West Covina adheres to the Agreement for Use of Athletic Facilities (Facility Allocation & Use Procedures) when facilitating the "allocation of all available fields under its ownership and/or allocation control (Attachment #2).

According to the Facility Allocation and Use Procedures, facility use permits are approved on the basis of priority as follows:

All City of West Covina sponsored or co-partnered activities.

All members of the City of West Covina's Sports Council in good standing.

Other, unless directed otherwise by the City Manager.

Youth leagues and their facility assignments are priorized as follows:

Full compliance "In Season" organizations.

Full compliance "Non-In Season" organizations.

Residency Perecentage Based Formula.

The Facility Allocation and Use Procedure requires each league to submit a facility use application from September 1 through November 30 for spring field use, and from March 1 through May 31 for fall field use. Leagues missing these deadlines have access to any remaining fields on an “as available” basis only.

City staff reviews the applications, allocate fields equitably, and encourage optimum cooperation between all user groups. Field allocations are reviewed and discussed at the semi-annual Youth Sports Council allocation meetings, to which a representative of each Sports Council League is invited.

In addition to the facility use application of the field allocation process, each member of the West Covina Sports Council is required to submit the following documents:

Board of Directors Roster – Submit roster with names, addresses and contact phone #’s of all Board of Directors.

Master Calendar of Events – Detailed calendar of events for organization to include registration, tryouts, opening day, special events, closing day and post-season play.

League Rosters – Submit team rosters for each division of play with participant’s gender and address.

League Schedules of Play – Submit team schedules of play for all divisions.

Copy of League By-Laws – By-Laws govern the organization and are approved by the Internal Revenue Service.

AB2404 Information Sheet – Gender equity sheet listing the total # of West Covina females and males as well as the leagues overall total participants.

Proof of Non-Profit Status – Proof that the organization is a 501c3 non-profit organization as required by Sports Council By-Laws.

Copy of Liability Insurance – General Liability insurance with an endorsement listing the City of West Covina as additionally insured. (See Agreement for use of Athletic Facilities Section B #28 for dollar amounts).

Deposit - $500 deposit due with application. Please make checks payable to “The City of West Covina”.

Deposits will be refunded in November for fall seasons and June for spring seasons.

On December 1, 2020, staff presented an item regarding parks, athletic facilities and field use policies. Following discussion, the item was received and filed.

DISCUSSION:

Per the City Council Standing Rules, Councilman Wu requested a review of the Sports Council Bylaws and facility allocation procedures.

The West Covina Sports Council membership includes:

West Covina Jr All American Bruins Football and Cheer
West Covina American Little League
West Covina Pony Baseball
West Covina National Little League
Pacific Coast Little League
West Covina Youth Soccer
West Covina Girls Softball
Dukes Baseball is recognized by the Sports Council, however, Dukes Baseball operates under a separate user agreement that is currently under review and negotiation.

Many of the leagues have been out of compliance with documentation for various reasons. Recognizing that these leagues are comprised of volunteer boards, the City of West Covina has worked with these organizations to not eliminate playing time and facility use from the youth that the organizations serve. Still, in late 2022 all leagues were provided with a notice indicating that the city would be seeking compliance from league or Sports Council privileges may be revoked and facility use fees would be charged.

In January of 2023, a field allocation meeting was held. The table below illustrates the facilities allocated to each of the Sports Council leagues.

A letter will be emailed and mailed to each of the Sports Council Leagues ahead of the November 2023 Meeting to inform them that full compliance with the Sports Council Bylaws is needed to receive facilities for their upcoming seasons. This letter also informed the leagues that penalties will be assessed per the Sports Council Bylaws for non-compliance. Each League received a copy of the Sports Council Bylaws including the Calendar of Required Documentation & Penalties for Non-Compliance.

OPTIONS:

The City Council has the following options:

1. Discuss and provide direction.

Prepared by: Roxanne E. Lerma, Assistant City Manager
Attachments
Attachment No. 1 - Sports Council Bylaws
Attachment No. 2 - Facility Use Application + Agreement for Use of Athletic Facilities CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Enhance City Image and Effectiveness

WEST COVINA SPORTS COUNCIL
BYLAWS

ARTICLE I

SECTION I - PURPOSE
The West Covina Sports Council is organized under Resolution No. 1241, a Resolution of the City Council of the City of West Covina, adopting certain policies in regard to organized sports in the City of West Covina to:

1. Promote organized youth sports activity within the community of West Covina.

2. Receive, coordinate and make recommendations to Community Services regarding all requests for the allocations of public facilities.

3. Act as a coordinating and liaison agency between the members and the Community Services Department of the City of West Covina.

4. Maintain the credibility and prestige of youth sport activities, and the organizations sponsoring these sport activities in the community of West Covina.

SECTION II - MEMBERSHIP

1. The membership of the Sports Council shall consist of one (1) voting representative from each organization.

2. Each organization shall choose a member of its executive governing body as its representative on the council, i.e., president, vice president, secretary or treasurer.

3. Each organization representative shall have two (2) alternates, chosen by their organization from its governing body. In the event of the absence of a regular representative, his/her rights, duties and privileges shall devolve upon his duly designated alternate.

4. Each organization shall, in writing, notify the secretary of the names of its primary representative and his/her designated alternates.

ATTACHMENT NO. 1
Y:\Sports Council\BYLAWS Amended FINAL 02-26-13.doc 2

5. New non-profit organizations, desiring membership on the Sports Council, shall:
• Apply in writing one month prior to membership vote.
• Must comply with Article I, Section II 9 of the West Covina Sports Council Bylaws.

If approved by majority of organizations in attendance, organization shall be admitted to membership.

6. The Sports Council, by majority vote of organizations in attendance at any duly constituted meetings, shall have the authority to suspend any member thereof whose conduct is considered as detrimental to the best interest of the Youth Sports Community.

7. All business brought before the Sports Council requiring a majority vote of organizations in attendance, needs two (2) consecutive votes of approval (two separate meetings) for final adoption. This includes request for membership.

8. A Quorum comprised of 51% of Sports Council membership is required to conduct business.

9. All Sports Council organizations must comply with the following:

A. City of West Covina AGREEMENT FOR USE OF ATHLETIC FACILITIES and its:

1. Exhibit #1 – Facility Use Application

2. Exhibit #2 – Facility Allocation & Use Procedures
• Attachment “A” – Athletic Fields Schedule of Activity • Attachment “B” – Required Documents
• Attachment “C” – Calendar of Required Documents & Penalties for Non-Compliance.

B. Provide the required documents by the required due dates as described in the City of West Covina AGREEMENET FOR USE OF ATHLETIC
FACILITIES.

C. Reply to all official written request from the City of West Covina to obtain originals and/or copies of the organizations financial records. (Financial records include but are not limited to Treasurers’ Reports, Bank Statements/Bank Account Reconciliations, General Ledgers, Budgets, Financial Reports, etc.) The Written request must be on Official City of West Covina letterhead and include a CC to the President and VicePresident of West Covina Sports Council and the League’s Board of Directors.

Y:\Sports Council\BYLAWS Amended FINAL 02-26-13.doc 3
D. A Sports Council Organization that is currently recognized and/or is requesting to be recognized as a Sports Council Organization by the West Covina Youth Sports Council MUST PROVIDE to the City of West CovinaCommunity Services Department proof of recognition by the Internal Revenue Service as an:

Organization Exempt From Income Tax
Under Section 501 (c) (3) of the Internal Revenue Code
E. Provide to the Sports Council an annual report highlighting the activities achievements of the organization for the most recently concluded athletic season. (Report will be due thirty (30) days after the end of the regular athletic season.) Report should include but not be limited to:
• Number of Teams
• Number of
Participants
• Tournaments
Hosted
• Achievements
• Age Group of
Teams
• In-Kind Services
Provided
• Facility
Improvements
F. Perform or have performed Yearly, or Seasonally, or One Time BACKGROUND CHECKS for Volunteer Members (Board Members, Managers, Coaches, Parent Volunteers, Officials, etc.) of the organization.

The cost of background checks will be absorbed by the organization requesting the background check and/or the person for whom the background check is requested. (The City of West Covina WILL NOT absorb the cost of background checks.)
Results of the Background Checks will be maintained by the organization requesting the background checks.

Organizations will indicate in their application for facility usage that Background Checks have been completed.

10. The City of West Covina Community Services Department representative or his/her designee shall be an ex-officio member of the Sports Council.

Y:\Sports Council\BYLAWS Amended FINAL 02-26-13.doc 4

ARTICLE II

SECTION I - MEETINGS

1. An annual meeting shall be held in November of each year. The election of officers for the forthcoming calendar year shall be held at this time.

2. Meetings are to be held year round on the fourth Tuesday of the month unless declared dark.

3. Any organization not attending a scheduled Sports Council meeting will be subject to the following penalties:
• A fine of $50 for each scheduled meeting missed. Failure to pay the fine will result in suspension of organization’s right to attend regularly scheduled meetings.
• A Sports Council Organization missing five (5) meetings in a calendar year and/or consecutively will be removed from the Sports Council with Loss of Sports Council privileges. A letter to the League President copied to the Board of Directors, stating that the organization’s non-compliance of attendance has resulted in the organization’s removal from the Sports Council and loss of Sport Council privileges will be sent. • Letters shall be prepared by Chairman of the Sports Council and approved by the Community Services Department.
• Collected fines shall be made payable to the City of West Covina Community Services Foundation, a 501 (c) (3) entity established to accept donations. The funds will be designated to support athletic facilities in the City of West Covina.

4. The Community Services designee shall monitor the membership attendance and report to the Sports Council Chairman.

5. The Sports Council organizations will meet, when requested with a Community Services designee. Time and date of meeting will be mutually determined.

Y:\Sports Council\BYLAWS Amended FINAL 02-26-13.doc 5

ARTICLE III

SECTION I - OFFICERS
The officers of the Sports Council shall consist of:

1. Chairperson – Duties are to preside at all meetings of the Sports Council, and assist Community Services designee with matters concerning Sports Council and its organizations.

2. First Vice-Chairperson – To fulfill Chairperson duties in his/her absence.

3. Community Services designee will act as Secretary.

SECTION II – ELECTION OF OFFICERS

1. Officers shall be elected for a period of one (1) year at the annual meeting in November and shall take office the first meeting in January. Officers shall be eligible for re-election.

2. In the event of a vacancy, it shall be filled by majority vote of the Sports Council.

ARTICLE IV

SECTION I - BUSINESS

1. All requests by member organizations shall be submitted to the Sports Council in duplicate. One (1) copy will be retained by the Sports Council Secretary as a file copy. The original copy shall be forwarded to the person, persons, agency, or agencies concerned with the Sports Council recommendations included in the letter.

2. All requests may be forwarded with concurring recommendations.

Y:\Sports Council\BYLAWS Amended FINAL 02-26-13.doc 6

ARTICLE V
SECTION I – AMENDMENTS
These Bylaws may be amended by three-fourths (3/4) vote of organizations in attendance at two (2) consecutive meetings.

ARTICLE VI
These Bylaws shall become effective upon approval by three-fourths (3/4) vote of those in attendance.

THESE BYLAWS WERE ADOPTED January 25, 2000
Revised 10-23-03 per City Council Approval 7-22-03 Resolution 2003-75 Amended 4-27-04.

Amended 5-22-07.

Amended 4-24-12.

Amended 2-26-13.

Activity:

Name of Organization:

Name of Contact:

Address:

Phone Number:

Email Address:

OR
Softball Field 1 Baseball Field 1 2 3
Football Field 1
Baseball Field 1
Tennis Court 1 2 Baseball Field 1
Basketball Field 1
Field 1
Batting Cage 1
Show Arena (large) 1
Holding Arena (small) 2 Basketball Court 1
Show Arena (medium) 3 Skate Park 1
Soccer Field Large 1 Baseball Field 1
Soccer Field Small 2 Football / Soccer 1
Baseball Field 1 Baseball Field 1
Softball Field 1
Tennis Court 1 2 3 4 Basketball Court 1
Boy & Girls Scout Camp Ground 1 Roller Hockey 1
Roller Hockey - Orangewood Park at 1615 W Merced Ave.
(Circle location and field number)
Insurance Requirements from Organization for Use of Faciltiies Listed Above Organizations renting city facilities must provide a $1 million dollar liability insurance policy with the City of West Covina Additionally Insured. (Sample of endorcement attached)
City of West Covina Public Services Department
Athletic Facility Use Application - Exhibit #1
Public Services Department
825 S Sunset Ave, West Covina, CA 91790 (626)939-8456
Cortez Park at 2501 E Cortez Street
( )
West Covina Sports Council Member □ Outside Sports Organization □ Cameron Park at 1305 E Cameron Ave
Athletic Facilities Fields Usage Requested
Date(s) Requested: -
Weekday: □ Monday □ Tuesday □ Wednesday □ Thursday □ Friday □ Saturday □ Sunday Time(s) Requested: Start: AM/PM End: AM/PM
Walmerado Park at 625 E Merced Ave.

Woodgrove Park at 2001 Brentwood Dr.,
Del Norte Park at 1500 W Rowland Ave
Ridge Riders Equestrian Center at 350 S Citrus Street.

Orangewood Soccer Complex at 1615 W Merced Ave
Shadow Oak Park at 2121 E Shadow Oak Dr.

Friendship Park at 3740 S Sentous Street
Gingrich Park at 1821 E Woodgate Dr. Maverick Field at 350 S Citrus Street Orangewood Park at 1615 W Merced Ave
Palmview Park at 1340 E Puente Ave,
Galster Park at 1620 E Aroma Dr.

Sport To Be Played on Field Requested:
□ Baseball/Softball □ Soccer □ Football □ Tennis □ Other: _________________________________ Please check one:

ATTACHMENT NO. 2
City of West Covina Public Services Department
Athletic Facility Use Application
Public Services Department
825 S Sunset Ave, West Covina, CA 91790 (626)939-8456
Description: Amount Description Amount
Baseball Field Fees $20 per hour per field Football Field Fees $20 per hour per field Softball Fields Fees $20 per hour per field Tennis Court Fees $10 per hour Field Lights Fee $25 per hour Camp Ground Fees $30
Show Arena 1 (Large) $300 Per Day Adult Softball League Fee $400 Large Arena Harrowing Fee $90.00 one time fee Senior Citizen Softball $55 Practice Arena 2 (Small) $11.50 per hour
Show Arena 3 (Medium) $31.25 per hour Large Pavillion $200 Small Pavillion $150
Bouncer Permit Fee $25
Rules set forth in the West Covina Municipal Code Chapter 16, Article II - Conduct in Public Parks, must be abided by at all times.

Violation of any provision of this Article II shall be deemed an infraction or misdemeanor as appropriate, and punishable as set forth in sections 1-37, General penalty; continuing violations; 1-37.1, Violation; infraction; and 1-38, Penalty not exclusive, of Chapter 1, General Provisions, of this Municipal Code.
(Ord. No. 2129, § 1, 2-15-05; Ord. No. 2234, § 2, 8-1-12 Rules for Use of Park & Sports Facilities are listed in the City of West Covina Municipal Code Chapter 16.

Print Name: ______________________________________ Title:______________________________________ The undersigned has read and on behalf of the Licensee agrees to be bound by this Permit License and the Terms and Conditions contained herein and attached hereto, and hereby warrants and represents that he/she executes this Permit License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with his/her signature.

Signature: Date:

Ridge Riders Equestrian Center Fee Schedule League Fees Pavillion Rental Fees
Athletic Facility Fee’s
Conditions of Use:

The listed organization obove has access to the fields dated above at the times and dates listed above. The City of West Covina Public Services Department reserves the right to revoke this permit at any time. Lights should be Requested no later than Thursday of the week prior. Failure to use facilities when lights are requested may result in monetary penalty. The organization listed above is responsible for the field of play and surrounding buildings. Trash should be put in recepticles and the facilities should be left tidy after every event. This Permit is only valid for the purpose of youth sports under the organization listed above and cannot be sublet to other organizations.

Authorized Signer:

SAMPLE
1 AGREEMENT FOR USE OF ATHLETIC FACILITIES EXHIBIT #2
(Facility Allocation & Use Procedures)
This document sets forth the procedure for the City of West Covina to facilitate the allocation of all available athletic fields under its ownership and/or allocation control.

I. PROCEDURE
It is the intent of the City of West Covina Community Services Department to allocate field use to requesting and qualified organizations on the basis of fairness and impartiality in concurrence with seasonal priorities mentioned in the definitions section. The resulting surplus (if any) of field time shall be allocated for a variety of uses at the discretion of the City of West Covina Community Services staff.

II. DEFINITIONS

1. City: For the purpose of this document, the City of West Covina and/or Community Services Department will be referred to as the “City.”

2. Participant: Participant(s) shall include only those players who are fully registered with the league. Non-players such as coaches, officials, and staff shall not be considered participants. For the purpose of field allocation, each league must present actual enrollment data from the previous season indicating names, addresses, phone numbers and birth dates of all participants. Upon receipt, City Staff will count the number of the City residents within each organization.

3. Leagues: League(s) shall include those groups listed in Section III. User Group Classifications.

4. Season: For the purposes of this procedure, the seasons for outdoor facilities are established as follows:

Seasons Fall Spring
Pre-season/Tryouts August-September January-February
In-season Opening Date September February/March
In-season Closing Date November June
Post-season/All-Stars As available As available
Sport “In Season” Football/Soccer Baseball/Softball

5. For the West Covina Youth Basketball league which utilizes an indoor facility the following season is established as follows:

Season Winter
Pre-Season/Tryouts November-December
In Season Opening Date January
In Season Closing Date March
Post Season/All-Stars As available
Sport “In Season” Basketball

6. Athletic fields will be rested periodically throughout the year. Please see attachment “A” for schedule.
2 7. Priority User: A league whose sport has been classified, as “In Season” and in full compliance will be given first priority access to facilities during their designated season. (A league must be in full compliance to receive facilities).

8. Secondary User: A league whose sport has been classified, as not “In Season” and is in full compliance will be given second priority access to facilities when they are not “In Season.” A secondary user may only reserve a field after all reasonable priority user requests have been processed. (A league must be in full compliance to receive facilities).

9. Priority: Facility assignments are based on the following priorities:
• Full compliance “In Season” organizations.
• Full compliance “Non-In Season” organizations.
• Residency Percentage Based Formula
III. USER GROUP – CLASSIFICATIONS
Facility Use Permits will be approved on the basis of priority as follows:

A. All City of West Covina sponsored or co-partnered activities.

B. All members of the City of West Covina’s Sport Council in good standing.

C. Others, unless directed otherwise by the City Manager.

IV. APPLICATION
Each league is required to submit a facility use application from September 1 through November 30 for the spring field use, and from March 1 through May 31 for fall field use. Leagues missing these deadlines will have access to any remaining fields on an “as available” basis only. (See attachment “B” for all components of application and attachment “C” for timeline of submittal).

City staff will review the applications, allocate fields equitably, and encourage optimum cooperation between all user groups. Field allocations will be reviewed and discussed at the semi-annual Youth Sports Council allocation meetings. A representative of each Sports Council League is invited to a Sports Council meeting held semi-annually (4th Tuesday in January for spring use and 4th Tuesday in June for fall use) for facility allocation review.

V. DEPOSITS
Each league is required to maintain a $500 deposit balance for use of City athletic facilities.

Deposits will be refunded in November for fall seasons and June for spring seasons.

VI. NOTICE OF NON-USE OF FIELDS
Any user organization that has been allocated space and does not intend to use it must notify the City so that the space may be re-allocated or otherwise used. Failure to do so may result in forfeiture of some or all space for the remainder of the season, and re-evaluated for future seasons.

VII. NOTICE OF EXCHANGE OF FIELDS
An organization cannot forfeit or exchange its allocation or any part thereof, with another organization/team without the written approval of the City prior to usage. Any such modification must be filed with the City and verified in writing by all parties wishing to exchange allocation. 3 VIII. GENDER EQUITY
The Community Services Department is committed to achieving gender equity in youth sports programs that are operated on City-owned land and within City facilities. It is the Department’s hope that all youth may aspire to, and have the opportunity to participate in City sports programs that meet their interests and capabilities. If there are any concerns regarding gender equity please contact the City’s Anti-Discrimination Coordinator and AB2404 Compliance Coordinator at 626.939.8430.
4 Attachment “A”
Athletic Fields Schedule of Activity
Park League Time
Frame
Maintenance
Field Down
Time
League Time
Frame
Cortez American LL Jan-June
Nov-Feb*
July** Bruins
Football
Aug-Nov
Orangewood Pony/Colt Jan-Nov Dec
Walmerado Youth Pony Dec-July Aug Winter
Baseball
Sept-Mid
Nov
Del Norte National LL Jan-June Aug
Palm View Pacific Coast
LL
Jan-June Sept
Sunset Field Orangewood
LL
Jan-June July Winter
Baseball
Sept-Mid
Nov
Friendship Galaxie LL Jan-June Sept
Cameron Girls Softball Jan-July Aug Winter
Softball
Sept-Nov
Maverick Dukes
South Hills HS
Feb-Nov
Feb-May Jan

*Cortez Park turf will be down the Monday after Thanksgiving through the end of February.

This will apply to the Minor Field & T-Ball Field only. Fencing can go up March 1. **Cortez Park will be down the entire month of July. This will apply to all fields. Fencing must be down by June 30.
5 City of West Covina
Required Documentation
Attachment “B”
All leagues are required to submit the following items to the City by the established deadlines in attachment “C.”
• Facility Use Application – Submit a City application of use for athletic facilities. • Board of Directors Roster – Submit roster with names, addresses and contact phone #’s of all Board of Directors.
• Master Calendar of Events – Detailed calendar of events for organization to include registration, tryouts, opening day, special events, closing day and post season play. • League Rosters – Submit team rosters for each division of play with participant’s gender and address.
• League Schedules of Play – Submit team schedules of play for all divisions. • Copy of League By-Laws – By-Laws govern the organization and are approved by the Internal Revenue Service.
• AB2404 Information Sheet – Gender equity sheet listing the total # of West Covina females and males as well as the leagues overall total participants. • Proof of Non-Profit Status – Proof that the organization is a 501c3 non-profit organization as required by Sports Council By-Laws.
• Copy of Liability Insurance – General Liability insurance with an endorsement listing the City of West Covina as additionally insured. (See Agreement for use of Athletic Facilities Section B #28 for dollar amounts).
• Deposit - $500 deposit due with application. Please make checks payable to “The City of West Covina”. Deposits will be refunded in November for fall seasons and June for spring seasons.

Secondary Season Applicants must include the following updated/amended items:
• Facility Use Application
• Master Calendar of Events
• League Rosters
• League Schedules of Play
• AB2404 Information Sheet
• Deposit
For questions or further assistance please contact the Recreation Supervisor in charge of Sports Leagues at 626.965.0236.
6 City of West Covina
Calendar of Required Documentation & Penalties for Non-Compliance Attachment “C”
Sport Item Due Date Penalty
Baseball/Softball Facility Use Application 11/30 $100
Board of Directors Roster 11/30 $75
Master Calendar of Events 11/30 $25
Proof of Nonprofit Status 11/30 $100
League Deposit 11/30 $250
League By-Laws 1/30 $25
Liability Insurance 1/30 $250
League Schedules of Play 3/1 $100
League Rosters 3/15 $100
AB2404 Information Sheet 3/15 $250
Football Facility Use Application 5/31 $100
Board of Directors Roster 5/31 $75
Master Calendar of Events 5/31 $25
Proof of Nonprofit Status 5/31 $100
League Deposit 5/31 $250
League By-Laws 5/31 $25
Liability Insurance 8/01 $250
League Schedules of Play 9/1 $100
League Rosters 9/15 $100
AB2404 Information Sheet 9/15 $250
Soccer Proof of Nonprofit Status 1/30 $100
League By-Laws 1/30 $25
Liability Insurance 1/30 $250
League Deposit 1/30 $250
Facility Use Application 7/01 $100
Board of Directors Roster 8/30 $75
Master Calendar of Events 8/30 $25
League Schedules of Play 9/30 $100
League Rosters 9/30 $100
AB2404 Information Sheet 9/30 $250
Basketball Facility Use Application 11/30 $100
Board of Directors Roster 11/30 $75
Master Calendar of Events 11/30 $25
Proof of Nonprofit Status 11/30 $100
League Deposit 11/30 $250
League By-Laws 11/30 $25
Liability Insurance 12/30 $250
League Schedules of Play 12/30 $100
League Rosters 12/30 $100
AB2404 Information Sheet 12/30 $250
*If the deadline falls on a weekend please submit items the following workday. 7 City of West Covina
Calendar of Required Documentation & Penalties for Non-Compliance Attachment “C”
• Each league is required to maintain a $500 deposit balance for use of City athletic facilities.
• Damage to city property - $500 minimum, plus additional fees based on the value of damage.
• Brokering a reserved field to another user - $500.
• Unauthorized use of athletic lighting - $500
• Submitting falsified documents - $500
• No show to reserved playing area – Cost of reserved usage per fee schedule.

If compliance is not met within 30 days, the league will be assessed the fine plus 20%. An additional 20% is accrued for each additional 30 days not in compliance.

West Covina City CouncilOctober 17, 2023

West Covina City Council
October 17, 2023