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04-18-2017 - Government Tort Claim Denials - Item No. 1.pdfAGENDA ITEMNQ._l_ AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: TO: FROM: April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: GOVERNMENT TORT CLAIM DENIALS RECOMMENDATION: It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: • Victoria Springer vs. The City of West Covina • David Flores vs. The City of West Covina • Hailey Flores vs. The City of West Covina • Valerie Flores vs. The City of West Covina DISCUSSION: As you are aware, since all claims should be considered potential lawsuits, it is requested that all Councilmembers refrain from making specific public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney. FISCAL IMPACT: None. Nga Ta Administrative Aide Reviewed and Approved by: Tom Bokosky 1 Director of Human Resources AGENDA ITEMNO. 2 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: TO: FROM: April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: APPLICATIONS TO FILE LATE CLAIMS RECOMMENDATION: It is recommended that the City Council take the following actions: 1) Deny the Application to File a Late Claim submitted by David Flores; 2) Accept the Application to File a Late Claim submitted by Haile Flores; and 3) Accept the Application to File a Late Claim submitted by Valerie Flores. DISCUSSION: As you are aware, since all claims should be considered potential lawsuits, it is requested that all Councilmembers refrain from making specific public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney. FISCAL IMPACT: None. p~ Nga Ta Administrative Aide Reviewed and Approved by: -/~( TomB~ Human Resources Director B W E S T C O V I N A B U S I N E S S A S S I S T A N C E L O A N P R O G R A M Application: Gaucho Grill Argentine Steakhouse Attachment No. 1 Attachment No. 2 i ATTACHMENTS ATTACHMENT A COUNTY LOBBYING CERTIFICATION FEDERAL LOBBYING CERTIFICATION ATTACHMENT B PROCUREMENT REQUIREMENTS ATTACHMENT C DUNS NUMBER ATTACHMENT D SMALL/INFORMAL BID FORM ATTACHMENT E EMPLOYMENT REQUIREMENTS Exhibit 1 Prospective Employee Questionnaire (with YEAR Income Guidelines) Exhibit 2 Job Generation Form Exhibit 3 Actions to Ensure First Consideration of Low- and Moderate-Income Persons i ATTACHMENT A Lobbying Certification Forms (County and Federal) County Lobbying Certification COMMUNITY DEVELOPMENT COMMISSION COUNTY OF LOS ANGELES COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: WEST COVINA RESTAURANT GROUP, INC. Date: Address: State: CA Zip Code: Phone No.: Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles. 1. It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160 (Los Angeles County Ordinance 93- 0031); and 2. That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code; and 3. That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract, and shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 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 prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. NAME OF FIRM: WEST COVINA RESTAURANT GROUP, INC. Authorized Official: Dated: By: Kirk Cartozian, Chief Executive Officer Dated: By: Adrian Amosa, Chief Financial Office ii Approved by OMB (REV. 12/05) Federal Lobbying Certification Form Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: • 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. • 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 of Lobbying Activities,” in accordance with its instructions. • The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, 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 under 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 such failure. NAME OF FIRM: WEST COVINA RESTAURANT GROUP, INC. ADDRESS: ZIP Authorized Official: Dated: By: Kirk Cartozian, Owner Dated: By: Adrian Amosa, Owner iii ATTACHMENT B Federal Procurement Requirements Procurement requirements are in accordance with OMB Circular Title 2, Subtitle A, Chapter II, Part 200. Small Purchase Procedures: $0.01 to $24,999.99 • Are those informal procurement methods where you must secure at least three informal bids, oral or written. • You must document the following information: Company name and address, name of person contacted, telephone number and minority status. • A no bid is considered a bid. You must continue the process until three fixed dollar bids are received. • Use the Small/Informal Bid Form for documentation. • Not allowed for soliciting construction services Small Purchase Procedures: $25,000 to $99,999.99 • Are those informal procurement methods where you must secure at least three informal bids. • All price or rate quotations must be in writing. • You must document the following information: Company name and address, name of person contacted, telephone number and minority status. • Use the Small/Informal Bid Form, with actual written quotations as collateral documentation. • Not allowed for soliciting construction services Formal Bidding Procedures: $100,000 or above • Are competitive sealed bids, secured through formal advertising • All bids will be publicly opened and a fixed price contract will be awarded to the lowest responsive and responsible bidder. Competitive Proposals • A Request for Proposal (RFP) or Request for Qualifications (RFQ) shall always be advertised. • The RFP should contain: bid specifications, sample contract, terms and conditions, and mechanism for proposal most advantageous to the program, with price and other factors considered. Contracting with Minority and Women Business Enterprise • Outreach program is extremely important. Contact the Community and Economic Development Division in THE CITY OF WEST COVINA at 626-939-8417 to identify those local firms. • Contact at least one MWBE firm for your small purchase process. • Require prime contractor to also comply with above. iv ATTACHMENT C DATA UNIVERSAL NUMBER SYSTEM (DUNS) Business Name: WEST COVINA RESTAURANT GROUP, INC., DBA GAUCHO GRILL ARGENTINE STEAKHOUSE DUNS Number: Is business new or existing? New Existing If business is existing, is it relocating? N/A Yes No Note: If business does not have a DUNS, a free DUNS number can be obtained by calling Dunn & Bradstreet at 1-866-705-5711 (toll free) or through their website www.fedgov.dnb.com/webform. A DUNS number is required for receipt or renewal of a Federal grant. v ATTACHMENT D Small/Informal Bid Form Project Name: Project Number: Three Quotes Required On The Following Item(s): Item Description Specifications: Quantity: Size: 1. Company Name: Phone No: Address: Contact: MWBE Status: Quote  Unit Cost: Total: 2. Company Name: Phone No: Address: Contact: MWBE Status: Quote  Unit Cost: Total: 3. Company Name: Phone No: Address: Contact: MWBE Status: Quote  Unit Cost: Total: Bids Obtained By: Date: vi ATTACHMENT E WEST COVINA RESTAURANT GROUP, INC. DBA GAUCHO GRILL ARGENTINE STEAKHOUSE EMPLOYMENT REQUIREMENTS Community Development Block Grant (CDBG) economic development loans or grants are based on job creation/retention for low- and moderate-income persons. At least one full-time equivalent job is to be created per $20,000 of CDBG funds used. WEST COVINA RESTAURANT GROUP, INC. will provide training for any of those jobs requiring special skills or education, as indicated on the attached “Job Generation” sheet. For purposes of being considered a created job, a job must be a new job (full or part-time) for the person, or the CDBG assistance must enable an existing income-producing “sideline” activity to become the person’s principal occupation. In counting jobs, the following policies apply: 1. Part-time jobs must be converted to full-time equivalents 2. Only permanent jobs count--temporary jobs may not be included. 3. Seasonal jobs may be counted only if the season is long enough for the job to be considered as the employee’s principal occupation. 4. All permanent jobs created by the activity must be counted even if the activity has multiple sources of funding. 5. Jobs indirectly created by an assisted activity (i.e., trickle-down jobs) may not be counted. To qualify, the person hired must be from a low/mod income household. To qualify as low-moderate income, information must be obtained on family size and income so it is evident that family income does not exceed the L/M limit. Prospective employees interviewed must complete a Prospective Employee Questionnaire (Exhibit 1) and must sign the form. The Prospective Employee Questionnaire serves as the self-certification form for household income qualification. This information must be available for monitoring by City staff, County of Los Angeles Community Development Commission staff, and HUD staff. Documentation to be attached to this agreement by WEST COVINA RESTAURANT GROUP, INC., is as follows: A. A listing by job title of the permanent jobs to be created, identifying which are part-time, if any, and which jobs require special skills or education--a "Job Generation" form (see Exhibit 2) B. A description of the actions to be taken by the recipient and business to ensure that low- and moderate-income persons receive first consideration for those jobs-- "Actions to Ensure First Consideration of Low and Moderate Income Persons" form (See Exhibit 3). vii Exhibit 1: PROSPECTIVE EMPLOYEE QUESTIONNAIRE Dear Applicant: This company has received funds from the City of West Covina to expand its operations. As a condition of receiving this funding, we are required to obtain personal information from all job applicants. This information will be kept confidential. Your cooperation in meeting this requirement is appreciated. NAME: ADDRESS: TELEPHONE JOB TITLE: 1. Number in Household: 2. Please list all income for the past 12 months for each household member. Include the following: Household Members (Names – Including Applicant) Age Social Security Number Gross Annual Income Source of Income* Job Applicant: TOTAL HOUSEHOLD GROSS INCOME = *If income is from wages list the name and address of the employer. Please indicate if applicant is unemployed currently. Please attach documentation confirming the income information listed above 4. RACIAL BACKGROUND American Indian/Alaska Native Asian Black/African American Native Hawaiian/Other Pacific Islander White American Indian or Alaska Native AND White American Indian or Alaska Native AND Black or African American Asian AND White Black or African American AND White Other – for individuals not identified above CERTIFICATION I certify that the above information is true and accurate. I. I understand this information is subject to verification by authorized officials and that failure to report completely and accurately may result in criminal or civil penalties (Signature of Applicant) (Date) PENALTY FOR FALSE OR FRAUDULENT STATEMENT 5. ETHNIC BACKGROUND Yes, Hispanic/Latino No, not Hispanic/Latino 6. HOUSEHOLD INFORMATION-Check One Applicant resides in a FEMALE-headed household. Applicant resides in a MALE-headed household viii U.S.C. Title 18, Section 1001, provides: “…Whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully (1) falsifies…a material fact; (2) makes any materially false, fictitious or fraudulent statement or representation; or (3) makes or uses any false writing document knowing the same to contain any materially false, fictitious or fraudulent statement or entry: shall be fined under this title, imprisoned not more than 5 years… or both.”************************************************************************************************************************ QUESTIONS BELOW TO BE ANSWERED BY EMPLOYER OR INTERVIEWER: Maximum Allowable Annual Gross Household Income (2016 income limits) Number of Household 1 2 3 4 5 6 7 8 Income Limits $27,216 to $36,288 $31,104 to $41,472 $34,992 to $46,656 $38,880 to $51,840 $41,990 to $55,987 $45,101 to $60,134 $48,211 to $64,282 $51,322 to $68,429 Eligibility Summary: 1. Extremely Low Income Low income Moderate income Not Eligible 2. The person signing the certification was interviewed for employment and not hired because 3. The person signing the certification was hired for the following position: 4. He/She works hours per week. Permanent part-time jobs should be reported in equivalent full-time positions. 5. He/She earns $ per hour. 6. Was employee unemployed before hiring for this position? Yes____ No_____ 7. Are employer healthcare benefits offered with this position? Yes____ No_____ CERTIFICATION I certify that the above information is true and accurate. I understand that failure to report completely and accurately may result in criminal or civil penalties. I understand this information is subject to verification by authorized officials. Signature of interviewer: Date: Print Name: Employee Start Date: Revised: Jan14ng CDBG Bulletin 06-0024 ix Exhibit 2: JOB GENERATION FORM WEST COVINA RESTAURANT GROUP, INC. DBA GAUCHO GRILL ARGENTINE STEAKHOUSE Job Title Job Category (see attached) Wage Number/ Hours Scheduled Available to Low/Mod Are Employer Healthcare Benefits Provided? xxxxxx Service Worker $10-$15/hr 40 Yes No xxxxx (2) Service Worker $9-$12/hr 30 Yes No xxxxxx Service Worker $9-$12/hr 10 Yes No xxxxxx Service Worker $9 10-20 Yes No Total jobs created/retained: 2 Total jobs required to create: 2 Note 1: Positions will be filled from above list of possible job titles Note 2: FTE = 40 hours per week Note 3: See attached list of Economic Development Administration (EDA) Job Category Definitions Exhibit 2 x EDA JOB CATEGORY DEFINITIONS Definitions of the job types listed on the jobs accomplishment screen are provided below. • Officials and Managers Administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operation. Includes: officials, executives, middle management, plant managers, department managers and superintendents, salaried supervisors who are members of management, purchasing agents and buyers, and kindred workers. • Professional Occupations requiring either college graduation or experience of such kind and amount as to provide a background comparable to college education. Includes: accountants and auditors, architects, artists, chemists, designers, dietitians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel and labor relations specialists, physical scientists, physicians, social scientists, surveyors, teachers, and kindred workers. Technicians Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through about 2 years of post-high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-the-job training. Includes: computer programmers and operators, drafters, engineering aides, junior engineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical, dental, electronic, physical science), and kindred workers. • Sales Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sales workers, insurance agents and brokers, real estate agents and brokers, stock and bond sales workers, demonstrators, sales workers and sales clerks, grocery clerks and cashier-checkers, and kindred workers. • Office and Clerical All clerical-type work regardless of level of difficulty, where the activities are predominantly non-manual though some manual work not directly involved with altering or transporting the products is included. Includes bookkeepers, cashiers, collectors (bills and accounts), messengers and office helpers, office machine operators, shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers. • Craft Workers (skilled) Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. These workers exercise considerable independent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and xi typesetters, electricians, engravers, job setters (metal), motion picture projectionists, pattern and model makers, stationary engineers, tailors, arts occupations, hand painters, coaters, decorative workers, and kindred workers. • Operatives (semi-skilled) Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians, machinists, mechanics, building trades, metalworking trades, printing trades, etc.), operatives, attendants (auto service and parking), blasters, chauffeurs, delivery workers, dressmakers and sewers (except factory), dryers, furnace workers, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters (except construction and maintenance), photographic process workers, stationary firefighters, truck and tractor drivers, weavers (textile), welders and flamecutters, electrical and electronic equipment assemblers, butchers and meat cutters, inspectors, testers and graders, handpackers and packagers, and kindred workers. • Laborers (unskilled) Workers in manual occupations which generally require no special training to perform elementary duties that may be learned in a few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and grounds keepers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling operations, and kindred workers. • Service Workers Workers in both protective and non-protective service occupations. Includes: attendants (hospital and other institutions, professional and personal service, including nurses’ aides and orderlies), barbers, charworkers and cleaners, cooks (except household), counter and fountain workers, elevator operators, firefighters and fire protection workers, guards, doorkeepers, stewards, janitors, police officers and detectives, porters, servers, amusement and recreation facilities attendants, guides, ushers, public transportation attendants, and kindred workers. xii Exhibit 3: Actions to Ensure First Consideration of Low- and Moderate-Income Persons WEST COVINA RESTAURANT GROUP, INC. DBA GAUCHO GRILL ARGENTINE STEAKHOUSE The business will implement the following comprehensive plan designed to ensure first consideration of low- and moderate-income persons for jobs created by the Economic Development project. The plan will consist of the following actions which will insure early exposure of employment opportunities to low- and moderate-income area residents: This Plan is a comprehensive program to adequately advertise the job opportunities in local publications. A particular focus will be publications serving low- and moderate-income households, such as the San Gabriel Valley Tribune, the San Gabriel Valley Examiner (a weekly local publication delivered free of charge to each home in West Covina), the Pennysaver, distributed free to each home in West Covina, and the local unemployment office, the local state Employment Development Department. In addition, available jobs may be posted at local vocational schools and colleges. DATE: April 18,2017 AGENDA ITEM NO. 4 AGENDA STAFF REPORT City of West Covina I Office of the City Manager TO: FROM: Mayor and City Council Chris Freeland City Manager SUBJECT: AW ARD OF ANIMAL CARE AND CONTROL CONTRACT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a two-year agreement with the County of Los Angeles Department of Animal Care and Control to provide animal care and control services in an amount estimated at $979,000. BACKGROUND: Several years ago, the City of West Covina contracted animal care and control services with the City of Covina. The City of Covina's Police Department negotiated the contract on both cities' behalf to have animal control provided by Los Angeles County. In 1994, the City of Covina reached out to the Inland Valley Humane Society & S.P.C.A. (IVHSSPCA) to provide animal control, licensing, and housing of domestic animals. IVHSSPCA provided those services to the City of West Covina for one year until 1995, when the City Council voted to move the contract back to the County of Los Angeles Department of Animal Care and Control. The reason for the change centered on the idea that the Baldwin Park shelter was closer and therefore residents would not have to travel to Pomona to adopt or redeem animals. The City of West Covina has been contracting with the County of Los Angeles Department of Animal Care and Control (County) since July I, 1995, to provide animal control services. DISCUSSION: The City has been receiving service via a month-to-month agreement (Service Level Agreement) with the County since July 1, 2014; however, the County required the adoption of Title 10 in order to continue providing service long term. Title 10 is L.A. County's Ordinance for animal control Animal Control Contract Page 2 of 4 -April 18, 2017 enforcement. All cities contracting with the County are required to adopt Title 10 (with or without amendments) to enable more efficient and consistent animal care and control services. At the February 7, 2017 City Council Meeting, the City Council adopted Ordinance No. 2305, which was the adoption of Title 10 with amendments. With the amendments to Title 10, the City retains the ability to set licensing fees for cats and dogs, the City sets the legal number of cats and dogs that can reside at a given property, and the City does not require mandatory microchipping or spay/neuter of cats and dogs in West Covina. The new proposed agreement as outlined in Attaclunent No. l , includes: kennel services, field services, veterinary services, special housing/observation, dead animal disposal, licensing, vaccination clinics and animal facility inspections. The agreement includes the same levels of service that have existed with the past agreement, with the exception of vaccination clinics and animal facility inspections. The County will come out annually and host a low-cost vaccination clinic for residents at no cost to the City. This will encourage responsible pet ownership, promote health and wellness for dogs, and help dog owners comply with the State requirement of mandatory rabies vaccinations. With regard to animal facility inspections, in the past the City could "opt out" of having the County come out and do annual animal facility inspections. The County would respond to calls on a complaint basis for these types of commercial board and care facilities. With the passing of SB 945 "Pet Boarding Facilities", the County is mandated to perform annual inspections of animal facilities within West Covina. SB 945 helps mitigate issues such as puppy mills and animal cruelty. Any revenue generated from the annual inspections of these facilities will directly offset the cost of these services. Under licensing fees, there is a new category for "Disabled Veteran Dog" and "Disabled Veteran Cat". This category did not exist when the last fee schedule went into effect on June 1, 2010. City staff believe that this discount should exist for dog owners moving forward, whereas the optional cat license fee is already negligible so no discount is recommended. The Disabled Veteran Dog fee is the same as a Senior Owned Dog fee which is $10.00. This new category and recommended fee is also included on the Finance Department's fee schedule staff report for City Council's consideration. The new agreement is effective through June 30, 2019, and is contingent on service levels and activity tlu·oughout the City of West Covina as well as an annual County Audit that sets fees for service. At the time of this repo1i, the County representatives could not estimate what the anticipated increased costs for animal care and control would be for Fiscal Year 2017-201 8. For this reason, a 10% contingency has been added to the estimated arumal cost of the contract based on current year activity. The agreement does not include Animal License Enforcement Services, which would be canvassing residential areas in West Covina. The County would provide the officers to conduct animal license enforcement, and proceeds would provide additional revenue to the City. The County estimates revenue for the City of West Covina to be approximately $300,000 with the cost of enforcement to be approximately $100,000; this would be a net revenue of approximately $200,000 to the City of West Covina. The revenue would directly offset the cost of providing animal care and control services. Animal Control Contract Page 3 of 4 -April 18, 2017 LEGAL REVIEW: The City Attorney has reviewed and approved the proposed agreement from the County of Los Angeles Department of Animal Care and Control. OPTIONS: The City Council has the following options: 1) Authorize the City Manager to execute a two-year agreement with the County of Los Angeles Department of Animal Care and Control to provide animal care and control services in an amount estimated at $979,000; 2) Authorize the City Manager to execute a two-year agreement with the County of Los Angeles Department of Animal Care and Control to provide animal care and control services and approve animal license enforcement services in the amount estimated at $1 ,579,000; 3) Take no action and proceed with an RFP for animal control services. This option is not advisable as the only other local animal control agency is the Inland Valley Humane Society & S.P.C.A. which provides service at a higher cost and the City has contracted with this agency in the past. The estimated cost to the City to contract with IVHSSPCA is over $800,000 annually based on our current population; or 4) Provide alternate direction. FISCAL IMP ACT: The City of West Covina annually budgets for operating costs of the animal care and control services agreement with offsetting revenue. The net cost of providing animal care and control services for Fiscal Year 2016-2017 is estimated at $243,000. The estimated net cost of providing animal care and control services for Fiscal Year 2017-2018 is estimated at $255,000. If Council approves animal license enforcement services, there is a potential for animal control services to be a net cost of approximately $55,000 per year. Prepared by: _ 0!liM f})tjv(;J#U Nikole Bresciani Reviewed and Approved by: c~ Community Services Director Finance Director Animal Control Contract Page 4 of 4 -April 18, 2017 ATTACHMENTS: Attachment No. 1 -County of Los Angeles Department of Animal Care and Control City-County Municipal Services Agreement Attachment No. 2 -Ordinance No. 2305 A TT A CHM ENT NO. 1 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT TABLE OF CONTENTS COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF WEST COVINA PARAGRAPH RECITALS 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 TITLE AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL STATUTES ................................. . ADMINISTRATION OF PERSONNEL .................... .. PAGE 2 2 2 DEPLOYMENT OF PERSONNEL................................ 4 PERFORMANCE OF CONTRACT............................... 4 INDEMNIFICATION.................................................. 4 TERM OF CONTRACT............................................. 5 RIGHT OF TERMINATION....................................... 5 CONTRACT SUM................................................... 5 PAYMENT PROCEDURES....................................... 6 ENTIRE AGREEMENT............................................ 6 SIGNATURES......................................................... 8 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF WEST COVINA THIS AGREEMENT is made by and between the COUNTY OF LOS ANGELES, hereinafter referred to as County, and the CITY OF WEST COVINA, hereinafter referred to as City. RECITALS a. The City is desirous of contracting with the County for the performance of animal care and control functions described herein by the County. b. The County of Los Angeles is agreeable to rendering such services on the terms and conditions set forth in this Agreement. c. Such contracts are authorized and provided for by the prov1s1ons of Section 56-1 /2 and 56-3/4 of the Charter of the County of Los Angeles and Section 51300 et seq. of the Government Code of the State of California. 1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL STATUTES 1.1 The County agrees, through the County Department of Animal Care and Control, to provide general animal care and control services within the corporate limits of the City to the extent and in the manner hereinafter set forth. 1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the County under the Charter of the County and the Statutes of the State of California and under the municipal codes of the City. The County will provide services in accordance with the provisions of Title 10, Animals of the Los Angeles County Code, and all amendments thereto, except as otherwise agreed by the parties in the attached Service Level Request. 2.0 ADMINISTRATION OF PERSONNEL 2 .1 The rendition of the services performed by the County, the standards of performance, the discipline of officers and staff, and the matters incident to the performance of such services and the control of personnel so employed shall remain with the County. 2.2 In the event of a dispute between the parties to this contract as to the extent of the duties and functions to be rendered hereunder, or the minimum level Page 2 of 8 or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the County and the City. 2.3 With regard to Sections 2.1 and 2.2, the County, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.4 All City employees who work in conjunction with the County's Department of Animal Care and Control pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employee as such shall become employees of the County unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by the City and County. To the extent the County provides the City with animal licensing services, City employees or their agents shall not perform any function related to the licensing of animals, including collection of license fees, penalties, or field enforcement fees, except as otherwise agreed to by the parties in the attached Service Level Request of other prior written agreement. Field enforcement fees will only be collected for services performed by employees of the County of Los Angeles Department of Animal Care and Control. 2.5 For the purpose of performing services and functions, pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every County officer and/or employee engaged in performing any such service and function shall be deemed to be a contracted officer or employee of the City while performing such service for the City, as long as the service is within the scope of this Agreement and in a municipal function. 2.6 The contracting City shall not be called upon to assume any liability for the direct payment of any County Department of Animal Care and Control salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment as a contract employee of the City. 2.7 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Services Rules to which it is subject and which prohibit discrimination on the basis of non- merit factors, shall for purposes of this contract be read and understood to prohibit discrimination. Page 3 of 8 3.0 DEPLOYMENT OF PERSONNEL 3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the County Department of Animal Care and Control. 3.2 The City agrees to complete a Service Level Request form annually (Attachment A) and the level of service to be provided and contract sum shall be signed and authorized by the City and the County Department of Animal Care and Control or his/her designee and shall be attached to this contract as an amendment. 3.3 The City may request a change in level of service and complete an additional Service Level Request form and submit such form to the County Department of Animal Care and Control. The revised level of service to be provided and contract sum shall be signed and authorized by the City and the County Department Animal Care and Control or his/her designee and attached to this contract as an amendment to th e level of service and the contract sum. 3.4 The City is not limited to the foregoing services indicated, but may also request any other services in the field of public safety, animal welfare , or related fields within the legal power of the Director of Animal Care and Control to provide. 4.0 PERFORMANCE OF CONTRACT 4.1 For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services. 4.3 Notwithstanding the foregoing , it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said City, the same shall be supplied by the City at its own cost and expense. 5.0 INDEMNIFICATION 5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991 , and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby Pa ge 4 of 8 made a part of and incorporated into this Agreement as if set out in full herein. 5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the Joint Indemnity Agreement previously in effect between the parties hereto. 6.0 TERM OF CONTRACT 6.1 Unless sooner terminated as provided for herein, this Agreement shall be effective March 1, 2017, and shall remain in effect until June 30, 2019. 6.2 At the option of the Board of Supervisors and with the consent of the City Council, this Agreement may be renewable for successive periods not to exceed five years each. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than 60 days prior thereto. 7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within 60 days of receipt of hereunder, and in such an event this Agreement shall terminate 60 calendar days from the date of the City's notice to the County. 7.3 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least 180 days before the date specified for such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 CONTRACT SUM 8.1 The City shall pay for the services provided under the terms of this service agreement at the rate established by the County's Department of Animal Care and Control and approved by the Auditor-Controller. 8.2 The rates indicated in the Service Level Request form shall be readjusted by the County annually effective the first day of July each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the County Board of Supervisors. Pag e 5 of 8 8.3 The City shall be billed based on the service level provided within the parameters of the Service Level Request form. 8.4 The cost of other services requested pursuant to this Agreement and not set forth in the Service Level Request form shall be determined by the County's Department of Animal Care and Control and in accordance with the policies and procedures established by the County Board of Supervisors. 9.0 PAYMENT PROCEDURES 9.1 The County, through the County of Los Angeles Department of Animal Care and Control , shall render to said City within 15 days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay County for all undisputed amounts within 30 days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within 60 days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within 15 days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing . For any disputed amounts, interest shall accrue if payment is not received within 60 days after the dispute resolution is memorialized. 9.3 Interest shall be calculated at the rate of seven percent (7%) annually or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said in voice within 60 days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to City of County's intention to do so. 10.0 ENTIRE AGREEMENT 10.1 This Agreement and Attachment A hereto, constitute the complete and exclusive statements of the parties which supersedes all previous agreements, written or oral , and all communications between the parties relating to the subject matter hereof. All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County. The Director of Animal Care Page 6 of 8 II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II and Control or his/her designee is authorized by the County to execute supplemental agreements. Page 7 of 8 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF WEST COVINA IN WITNESS WHEREOF, the County of Los Angeles Board of Supervisors has caused this Agreement to be subscribed by its Chair and the City has caused this Agreement to be subscribed on its behalf by its authorized officer. ATTEST: COUNTY OF LOS ANGELES By~~~~~~~~~~~~ MARCIA MAYEDA Director, Animal Care and Control CITY OF WEST COVINA By~~~~~~~~~~~~~ City of WEST COVINA, City Manager By~~~~~~~~~~~~~- City Attorney APPROVED AS TO FORM: MARY C. WICKHAM County Counsel Date By~~~~~~~~~~~~~ Deputy County Counsel Page 8 of 8 ATTACHMENT A CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND THE CITY OF WEST COVINA FISCAL YEAR 2016-17 SERVICE LEVEL REQUEST Part One: Billing Rates for the period July 1, 2016, through June 30, 2017 Kennel Services* Dog and Cat per day Other animals per day Dog license processing per license Dead animal disposal per animal Field Services per hour Animal License Field Enforcement per hour Liability Trust Fund (applied to Field Services and Animal License Field Enforcement hourly amounts only) City of West Covina Page 1 of 8 $28.79 $12.98 $ 2.58 $14.69 $94.73 $64.22 4% Part Two: Annual/Amended Service Request Approval Authorized Representative (Printed Name) dU/:JJ~e11t,11{ · Authorized Signature (Signature) C'0H K0f'J 'T\f Seyz._v1lcS l)\{<.EC17),L ( (o 'lloj cr)~'9....-gt.(~q Title Telephone Number Part Three: Annual Service Level Standard Shelter Services: Full Service -All animals acquired in the field, within the boundaries of the City or determined to have originated within the boundaries of the City, may be impounded at a County animal care center. Impounded animals will be vaccinated and provided medical care , food , and shelter. The animal's picture will generally be posted on the Department's website to assist residents in reclaiming a lost or missing pet. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center are scheduled at the discretion of the Department. See Part One for the associated shelter services billing rates. Primary animal care center*: Baldwin Park Animal Care Center *The Department shall take reasonable action to shelter all animals at this location. There may be circumstances in which the Department must shelter animals at an alternate location. In general, such sheltering shall be temporary and animals shall subsequently be transferred to the primary animal care center. Contract cities are charged for the first five days of care for animals impounded within the city's jurisdiction. If an animal leaves our care earlier for any reason, cities will be charged based upon the actual number of days (1-4). If an animal is redeemed, the redemption fees collected from owners will be credited to the city up to the maximum number of days that would otherwise be billed. The County assumes liability and disposition of these animals after five days with the exception of animals held as a result of a seizure or criminal case, abandoned animals, observation animals (quarantine), potentially dangerous or vicious dogs, and return to owner animals. City of West Covin a Page 2 of 8 Below are the kennel services maximum number of days billed and the description: *Kennel Services Description Maximum number of days billed Kennel Services: Stray or relinquished animals. 5 days Private Veterinarian: If the owner is unable to be located and the injury or condition is life threatening and the scene of the incident is not in the vicinity of a County animal care center, or if the medical staff at the animal care center are not available, 5 days the animal will be taken to the nearest private contract veterinarian . Cities will be charged for the private contracted veterinarian visit. Observation Animals: Animal bite that causes any penetration of the skin by teeth which requires a bite report be taken and the animal quarantined. The animal will be placed in 10 days quarantine confinement and observed for ten (10) days minimum from the date of the bite at the discretion of the Department of Veterinary Public Health. Return to Owner Animal: The owner or person entitled to the custody of any animal impounded can redeem such animal by 10 days paying impound and boarding fees accruing up to the time of such redemption. Abandoned Animals: Hold at least fifteen ( 15) calendar days; determine whether the owner had an agreement with someone to care for the animal in their absence, post a Form 58 (Notice 15 days of lmpoundment) at the premises for the owner if they return, and mail a registered or certified letter to the last address Special Intake: Animals that are Confiscated, Court Case, Police Request, Owner Arrested, Potentially Dangerous or Unlimited days Vicious Doq City of West Covina Page 3 of 8 Field Services: The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10 -Animals, and all amendments, except as otherwise agreed to by the parties in this Service Level Request. ~ Standard Service Plan -Includes answering calls for service (24 hours per day, daily); dispatching or assigning field staff; and performance of duties in the field based on priority, location, and availability of staff. D Limited Standard Service Plan: o Daily between the hours of __ (a.m./p.m.) and __ (a .m./p.m.) o Weekend days and holidays o Emergency Services (specific to natural or manmade disaster)-As needed o Humane Investigations and Prosecution -As needed City's Animal Care and Control contact information: Department Name: Telephone: Address: o No Field Services Outreach and Enforcement Services: County will enforce the fees set forth in Los Angeles County Code Section 10.90.010 et seq. unless the City provides an alternate fee schedule approved by the City and provided to the County. Animal License Field Enforcement License Enforcement Services -Provides for dedicated staff to perform license enforcement activities (issuing new licenses, license renewals, collecting delinquency charges and other fees) in the field. D Authorized Animal License Enforcement Services o County and City shall subsequently agree to the time and scope of this service. • Note: All license enforcement revenue collected will be contributed toward offsetting the cost of services. ~ No Animal License Enforcement Services City of West Covina Page 4 of 8 Animal Facility Licensing Animal Facility Licensing Services -Provides for dedicated staff to perform animal facility inspection and licensing to any lot, building, structure, enclosure, or premises for any animal related business or organization which is required to be licensed. The animal facility licensing staff inspects animal related facilities annually and when otherwise necessary, to ensure the health and safety of the public and animals. Businesses are provided a letter grade based on the results of the inspection . Animal facility licenses are generally valid for one year from the date of issue. The Department will inspect animal facilities and any revenues collected will offset services. ·"rj Animal Facility Licensing (Licensing and Inspection/Grading Services) /\ ~ S '6 Ci '-t 5 4) Coon-ht \e~ &'d,~d/ o No Animal Facility Licensing \'2-/iA\"-.c> Sm,..\t yqµ1;.,e,~. Clinic(s) In addition to the vaccination and licensing services provided in all County animal care centers, the city may request the following additional services in its jurisdiction by checking the applicable box(es): )( Request County to provide or arrange for vaccination clinic(s) in its jurisdiction; o If a vaccination clinic(s) is/are requested by checking the box above, the City also requests County to provide personnel to license animals during the vaccination clinic. o No Vaccination or Licensing Clinics Services City of West Covina Page 5 of 8 Part Four: License Information (required if the Department manages City licensing) Standard Licensing Services: License renewal notices are mailed or transmitted to the animal owner of record, the renewal and payment is received and processed annually on a fee-per-license basis. Licenses will be required before an animal will be released to a resident of a City participating in the Standard Licensing Services program. Fees from licenses collected wi ll be credited to the City monthly in arrears. D City has adopted the license fees outlined in Title 10 of the Los Angeles County Code Altered Dog $ 20.00 Altered Cat $ 5.00 Unaltered Dog $ 60.00 Unaltered Cat $ 10.00 Senior-owned* Dog $ 7.50 *Senior age is defined as _§Q_ years. Disabled Veteran Dog $ 7.50 Delinquency Charge $ Egual to Amount of License Delinquency Charge applies after: 1 O days Field Enforcement Fee $ 40.00 (licensing initiated in the field) City has adopted the following license fees: oo $ 6 ~ Altered Dog $ ,z_ 2--Altered Cat '·De $ \1"\ ~ Unaltered Dog $ l.U Unaltered Cat _ v $ \t)~ ·'IA Senior-owned* Dog _ Senior-owned * Cat $ ""l Disabled Veteran Dog $ IO~ Disabled Veteran Cat$~ $ $~~ *Senior age is defined as J!Q_ years. [)f\\~ oY"e-clt.~un"t ~ h w~e...h D1d · Delinquency Charge $_f~~f~ \ 1'b ,'J.W)OJf\+ 0~ h<'..ens.e · Delinquency Charge applies after: __ days. Field Enforcement Fee $ 40 ~ (licensing initiated in the field) City of West Covina Page 6 of 8 Spay/Neuter Trust Fund: The City may elect to contribute $5.00 per altered and unaltered dog licenses to the Spay/Neuter Trust Fund. The Spay/Neuter Trust Fund will allow the Department to offer a low cost spay/neuter program for the City's residents who wish to have their pets spayed or neutered but cannot afford the surgery. Once residents are qualified, Department staff will work with animal care center veterinary clinics as well as mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them. Indicate preference by checking one of the following boxes: D Participate in the mandatory Spay/Neuter Trust Fund ,9( No participation in the mandatory Spay/Neuter Trust Fund Part Five: Animal Regulations/Enforcement (required for ALL services provided by the Department) The City hereby agrees to the enforcement of Title 10 as indicated below. Check one of the following boxes regarding Title 10 Enforcement. D City agrees to the enforcement of Title 10 with no exceptions )( The County will provide services in accordance with the provisions of Title 10, Animals of the Los Angeles County Code, and all amendments thereto, City agrees to the enforcement of Title 10 with the following exception(s): )( Mandatory spay and neutering and microchipping of dogs and cats )( Animal license fee (Part 4: Standard Licensing Services) X" Numbers of dogs ___2 and cats 4-allowed per household City of West Covina Page 7 of 8 Record Upon reasonable notice, the Department shall make available to authorized representatives of the City of West Covina, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to this Agreement. The City of West Covina shall ensure such records are handled in a manner consistent with all applicable privacy laws and all related to public records, including, but not limited to the Public Records Act (Government Code§ 6250 et. seq.). Part Six: Contact Information Primary Contact Name: Title: Address: Telephone: E-mail: Alternate Contact \4-4-4-V\J . ~V6j A\JfcNVt Sb~ \NE:s-tCov\NA;, ~ cn,oi D ( lo1-lo) Di~C\ --iS Yi°\ a,k.p\e , 'ore SCtQ,y, 1'@ we.~+co~,n~· or:j Name: C'rvf\S. 'tiee_ )Gnc0 Title: (;~ lv\1~,Vy~eJ( Address: \414-W. ~VEq f+.r6JUE. SoLrn-t \/\J6s, ~-,,; 1 NA I UC) CX 1 ic1 0 Telephone: ( lb'U.o) q<)t:\ ..... 'S Y, 0 \ E-mail : Q,,V\~\<;~h'eeJ~@ we_~.-\-c"D,J\f,a· OYj City of West Covina Page 8 of 8 ATTACHMENT NO. 2 ORDINANCE NO. 2305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING CHAPTER 6 OF THE WEST COVINA MUNICIPAL CODE AND ADOPTING BY REFERENCE TITLE 10 OF THE LOS ANGELES COUNTY CODE OF ORDINANCES RELATING TO ANIMAL CONTROL, AS AMENDED WHEREAS, the City of West Covina ("City") desires to contract with the Los Angeles County Department of Animal Care and Control ("County") for the provision of animal control services; and WHEREAS, the contract with the County requires that the City agree to enforcement of Title 10 (Animals) of the Los Angeles County Code of Ordinances ("County Code"), which requires that the City repeal Chapter 6 (Animals and Fowl) of the West Covina Municipal Code and adopt by reference Title 10 of the County Code, with ceitain exceptions; and WHEREAS, the City desires to adopt Title 10 of the County Code by reference, except for provisions relating to mandatory spaying and neutering, microchipping, license fees, and the number of cats and dogs permitted per household. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEJIBBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 (Animals and Fowl) of the West Covina Municipal Code is hereby repealed in its entirety and replaced as follows: ARTICLE I. IN GENERAL Sec. 6-1. -Title. This ordinance shall be known as the Animal Control Ordinance. Sec. 6-2. -Definitions. As used in this chapter, Title IO means Title 10 (Animals) of the Los Angeles County Code of Ordinances, as the same may be amended from time to time. Sec. 6.3. -Code adopted. Title 10, and as it may be amended from time to time, is adopted by reference as the City of West Covina's Animal Control Ordinance, subject to the amendments set forth in this chapter, and subject to applicable revisions in California law, including but not limited to Health and Safety Code section 121690. Sec. 6-4. -Copy available. The City Clerk shall keep a ClllTent version of Title 10 on file and available for use and examination by the public during normal business hours. Sec. 6-5. -Amendments. A. Whenever Title 10 makes reference to the County of Los Angeles or to the unincorporated areas of the County of Los Angeles, such area shall be deemed to include within its corporate limits the City of West Covina. B. Part 4 (Mandatory Spay and Neuter Program for Dogs and Cats) of Title IO is excluded from the City's adoption of Title 10 and shall not be enforced within the City. C. Section 10.90.010 of Title 10 is amended to reflect the City's license fees, as they may be amended from time to time. D. Section 10.20.038 (Residential Dogs and Cats-Limitations) is deleted in its enfaety and replaced as follows: 10.20.038 -Residential Dogs and Cats-Limitations. A. Dogs. It is unlawful to keep more than three (3) dogs at any residence without an animal facility license. Each dog must be licensed. For purposes ofthis section, a service dog licensed under Section 10.20.090 and serving a person who is disabled within the meaning of California Government Code section 12926 subsection (i) or G) is not counted toward the number of dogs kept or maintained. B. Cats. It is unlawful to keep more than four ( 4) cats at any residence without an animal facility license. Cat licensing is optional but recommended. E. Section 10.20.185 (Microchipping) of Title 10 is excluded from the City's adoption of Title 10 and shall not be enforced within the City. Sec. 6-6. -Conflicts. Whenever an apparent conflict or inconsistency exists between any provision of Title 10, to the extent adopted herein, and any provision of the West Covina Municipal Code, each provision shall be construed so as to supplement the other. In the event that any apparently conflicting or inconsistent provisions may not reasonably be so canst.med, the provisions of the West Covina Municipal Code shall prevail. Sec. 6-7. -Penalty for violation. Any person violating any of the provisions ofthis chapter is guilty of an infraction, llllless another penalty is provided in Title 10. Sec. 6-8. -Civil remedies available. A violation of any of the provisions of Title 10, to the extent adopted herein, or this chapter shall constitute a nuisance and may be abated by the City through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or pem1anent injunction, or in any other mrumer provided by law for the abatement of such nuisances. SECTION 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this ordina11ce may have a significant effect on the environment. The ordinance is therefore exempt from the environmental review requirements of the Califomia Environmental Quality Act pursuant to Section 15061 (b )(3) of Title 14 of the California Code of Regulations. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstances. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, i1Tespective of the fact that any one or more other sections, subsections, subdivisions, pru·agraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. This ordinance shall take effect thi1iy (30) days after its final passage, and within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law. PASSED, APPROVED AND ADOPTED on this 21st day of February, 2017. APPROVED AS TO FORM: ffi~~ Kimberly Hall Barlow City Attorney \\\ /I t{)~~ ATTEST: ~g]DA-LC, City Clerk I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7111 day of February, 2017. That therefore said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21st day of February, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Johnson, Spence, Toma, Wu, Warshaw None None None CV~s:L+L~ Nickolas S. Lewis City Clerk AGENDA STAFF REPORT City of West Covina | Office of the City Manager DATE: April 18, 2017 TO: Mayor and City Council FROM: Chris Freeland City Manager SUBJECT: FISCAL YEAR 2016-17 BUDGET AMENDMENTS RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 DISCUSSION: 1)The Community Services Department has seen an increase in participation in the Preschool Program and the school age Daycare Program. Revenues are anticipated to exceed the Fiscal Year 2016-17 budget, while expenditures for part-time personnel costs are also trending to exceed the appropriated budget. The State of California licensing restrictions require a certain ratio of teachers to children in our programs. Due to the licensing requirements, the increase in minimum wage, and providing additional staffing to accommodate an increase in participation by children with special needs, the part-time staffing costs have increased. Even with the increased personnel costs, the preschool and daycare programs are anticipated to exceed revenue estimates which will be sufficient to support additional operating expenses. City staff is recommending an increase in the revenue budget to the following Afterschool Program accounts: $6,000 (Acct # 110.51.4651), $19,000 (Acct # 110.51.4653), $26,500 (Acct # 110.51.4654), and $14,500 (Acct # 110.51.4675) and an expenditure budget increase to the following Part Time Salaries accounts: $14,000 (Acct # 110.51.5132.5112), $11,000 (Acct # 110.51.5133.5112), $26,500 (Acct # 110.51.5134.5112), and $14,500 (Acct # 110.51.5135.5112). AGENDA ITEM NO. 5 Fiscal Year 2016-17 Budget Amendments Page 2 of2 - April 18, 2017 2)California Assembly Bill ABxl-26 dissolved Community Redevelopment Agencies (CRAs) and created Successor Agencies as a part of winding down redevelopment financial affairs. The City's prope1iy tax line item includes the redistributed Redevelopment Prope1iy Tax Trust Fund (RPTTF) (budgeted at $1. 8 million). Payments for this are received in two installments; the first distribution was at the end of December 2016, but receipted in January 2017 (during the third quaiier) and the second installment will be distributed and received at the end of June 2017 ( during the fourth quatier). In April of each year, the Los Angeles County Auditor Controller provides an estimate of the June amount on its website. The amount estimated for June is $1,434,825 which is $178,243 more than what has been realized in the FY 2016-17 budget. Since the City has a history of receiving more than the estimate, City staff is recommending an increase in the revenue budget in the amount of $178,243 to reflect the amount estimated by the County. FISCAL IMP ACT: 1)The proposed budget amendment will increase the revenue and expenditure budget in the General Fund by $66,000, but have no impact on fund balance. 2)The proposed budget amendment will increase the revenue budget and fund balance in the General Fund by $178,243. Prepared by: �� Christa Buhagiai· Finance Director ATTACHMENTS: Attachment No. 1 -Resolution No. 2017-19 Exhibit No. I -Budget Amendment# 113 Reviewed and Approved by: Nikole Bresciani Community Services Director Attachment No. 1 RESOLUTION NO. 2017-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 WHEREAS, the City Manager, on or about June 21, 2016, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2016-17; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held a public meeting on June 21, 2016, and July 5, 2016, receiving, considering and evaluating all comments, and adopted a budget for the fiscal year commencing July 1, 2016, and ending July 30, 2017; 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. Budget Adjustment No. 113 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18th day of April, 2017. Corey Warshaw Mayor APPROVED AS TO FORM ATTEST Kimberly Hall Barlow Nickolas S. Lewis City Attorney City Clerk Attachment No. 1 I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 18th day of April, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Nickolas S. Lewis City Clerk Exhibit No. 1 BA #113 CITY OF WEST COVINA Posted By: BUDGET AMENDMENT Date Posted: Date:4/18/2017 Fiscal Year:2016-17 Requested by:Heather S., Nayeli V., Christa B.Amount:$244,243.00 , net $178,243Dept/Div:Community Services/Finance Description:Additional funding for daycares & increase in residual tax incrementEXPENDITURES Account Number Dept/Account Description Current Budget Proposed Amendment Amended Budget 110.51.5132.5112 Wescove/PT Salaries 61,883.21 14,000.00 75,883.21 110.51.5133.5112 Vine/PT Salaries 87,437.18 11,000.00 98,437.18 110.51.5134.5112 Orangewood/PT Salaries 81,243.83 26,500.00 107,743.83 110.51.5135.5112 Palmview/PT Salaries 88,134.67 14,500.00 102,634.67 - - - - - - - - - - - - - REVENUES Account Number Account Description Current Budget Proposed Amendment Amended Budget 110.51.4651 Afterschool Program - Wescove 92,700.00 6,000.00 98,700.00 110.51.4653 Afterschool Program - Vine 154,500.00 19,000.00 173,500.00 110.51.4654 Afterschool Program - Orangewood 97,850.00 26,500.00 124,350.00 110.51.4675 Afterschool Program - Palmview 103,000.00 14,500.00 117,500.00 110.00.4014 Residual/Excess Tax Increment 1,800,000.00 178,243.00 1,978,243.00 REASON/JUSTIFICATION (Please be specific) APPROVALS City Council Approval Date (if required, attach minutes):4/18/2017 □ Approval Not Required Dept Head Approval:see attached Date: Finance Director:Date: Funds Available?□ Yes □No City Manager:see attached Date: (if over $100,000) □ Approved □ Denied To appropriate revenues and expenditures in the amount of $66,000 in order to accommodate an increase in participation in the City's preschool and school age daycare programs. Additional personnel is needed at the sites to cover required ratios. These programs are on track to exceed the estimated year end revenues. The additional revenues should be sufficient to support the additional operating expenses from increased personnel costs and increase the revenue budget for the Residual/Excess Tax Increment based on LA County Auditor Controller estimate dated 4/3/17. DATE: TO: FROM: AGENDA ITEMNO. 6 --- AGENDA STAFF REPORT City of West Covina I Office of the City Manager April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: AW ARD OF CONTRACT FOR CONSTRUCTION OF COMPRESSED NATURAL GAS FACILITY UPGRADES AT THE CITY YARD PROJECT NO. BP-16038 RECOJY.IlVCENDATION: It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a contract with Amtek Construction in the amount of $787,551 for construction of Compressed Natural Gas (CNG) Facility Upgrades at the City Yard; and 2) Adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 (Installation of CNG Station) BACKGROUND: The existing CNG facility at the City Yard was constructed in 2000. The compressor failed in 2007 and a new upgraded compressor was installed. In March 2009, the front crank bearing failed, new parts were ordered and the compressor was put back in service in June 2009. In September 2010, the compressor froze and was determined to be unserviceable. This project will upgrade the existing CNG facility with the removal and replacement of the existing inoperable compressor with duplex high- capacity compressors and controls, new storage vessels, process piping, dispensers and associated electrical and mechanical equipment. This project will also upgrade the card reader hardware and software, alann signaling system and electrical power supply. In June 2012, the South Coast Air Quality Management District (SCAQMD) Governing Board approved Mobile Source Reduction Committee (MSRC) grant funding in the amount of $300,000 to upgrade the City's CNG facility. In addition, the Board awarded the City a $200,000 California Energy Commission (CBC) grant in November 2012 for this project. However, the City was unable to meet the CBC timeline; and in an effort to prevent losing the MSRC funds and to ensure completion of the project, the Board amended the CBC contract to substitute the CEC grant with $200,000 in Clean Fuel ( CF) grant funding. A ward ContractforConstruction of Compressed Natural Gas Facility Upgrades at the Gty Yard -Project No. BP-1603 8 Page2 of3-April18,2-017 Currently, thr Sifyha.s 13 (J~(} vehicl~s~, Due to th'eiµ()p~rabl~ qN"Gfacility, these units have to travel approxi1na~elJ?e"f~milestoftlel .. (?~e ofthe sites is clo~~d Fii1~Y,'S~turda)', Sunday all holidays and the last two wee~s in :pec,e111b~r. ~.~ q!~~f.~ite is ~)(trerriel?~~sy,which cr~ates long wait times to fuel. The long "down'' times and additionafmhe~ traveleclhas increased our carbon footprint, increased fuel costs and reduced productivity. Finally, upgrading our CNG facility will allow it to become a secondary fueling site for surrounding public agencies. DISCUSSION: Final design of the CNG facility upgrades has been completed. A Notice Inviting'Bids for this project was a~verti~~~ in th~ San 9abri,el\TallfY T~blllle?? Mar~hl, ?J-ld ?,?Ol 7J, :fu ~Bqi~~on, the notice was sent out to·. 273 su~~:???rs J? .~~; Fify's e-r ?tificati?11,, ~ys'terii 'anq 1f~,S. IJOSted on. the City's website indicating the plans' rould be tivailable on··.· CIPList.com~' f I}l:£.,isr~o:m ·. Js .• a. •. 'fre~ web service that provides an online plan room type service to manage bidding ofpublicwo&s projects.· · On April 3, 2017, six bidswerereceived withtheJollowing results: : $787 551 '' ,. ' ' ' Allsu ,· Corporation $867,155 Fastecq, $963,764 $1,080,968 Tr:uStar ·Energy Ra.iicho Cucamonga, CA $1,198,000 GP·· Strategies Escondido, CA $1,219,193 ' The lowest ryspop.siple:bid was $78,'7;~51 subrnitt~d byA:mtek ConstritqtiOn'of \Vhittief,'California. They have C?lllpleted similar projects for ,the CityofHull~rton; Los Angele~ County Unified School District, Caltrans, ,an4(~ong :eeachTransit-Theirteferences have been checked and were satisfactory. They have a valid contractor's license. · · Amtek Construction is prepared to start work immediately following issuance of a Notice to Proceed and will complete the project by October 2017. ENVIRONMENTAL REVIEW: Pursuant to the Calif()mia Environmental Quality Act Guidelines Section 15302 Class 2, the proposed improvements are of a minor nature· and, therefore, the. project is categorically exempt from the requirements for an Environmental Impact Report (EIR) or Negative Declaration -of EIR. OPTIONS: The City Council has the following options: 1. Adopt staff' S recommendation ~d award a contract to Amtek Consttu~tion; 2. Reject all bids and re-advertise the project. This option is not recommended as it'is unlikely that 'Te-advertising the projecf'would yield a lower hid Df better technical expertise; or Award Contract for Construction of Compressed Natural Gas Facility Upgrades at the City Yard-Project No. BP-16038 Page 3 of3-April 18, 2017 3. Provide alternate direction. FISCAL IMPACT: The total estimated cost for this project is as follows: Design Contract ( expended) $49,131 Construction Contract Amount $787,551 Contingencies (10%) $78,755 Construction Management $14,563 Total $930,000 Funding for this project will come from the following sources: 119.80.7001.7500 $300,000 SCAQMD CF Grant l 19.80.7001.7500 $200,000 AB2766 Subvention Funds 119.80.7001.7500 $200,000 Total A roved Fundin $700,000 Additional Appropriation Requested (Acct# 119.80.7001.7500) $230,000 Grand Total Pro· ect Fundin $930,000 The total approved budget for this project is $700,000 with funding coming from SCAQMD MSRC grant funds in the amount of $300,000, SCAQMD CF grant funds in the amount of $200,000, and AB 2766 (Vehicle License Fee Subvention Funds) in the amount of $200,000. Staffis requesting that the City Council appropriate an additional $230,000 from the AB 2766 unencumbered fund balance to cover the shortfall in funding. There are sufficient funds available in the AB 2766 fund balance to cover the $230,000 amount. There is no impact to the General Fund. Prepared by: HanyYanni Demitri, P.E.; T.E. Assistant City Engineer ATTACHMENTS: Reviewed and Approved by: Del o "Chino" Co s di, P .E. Public Works Dire or/ City Engineer ~ Finance Director Attachment No. 1 -Contract Agreement with Amtek Construction Attachment No. 2-Resolution No. 2017-22 CONTRACT AGREEMENT FOR ATTACHMENT NO. 1 CONSTRUCTION OF COMPRESSED NATURAL GAS FACILITY UPGRADES AT THE CITY YARD -PROJECT NO. BP-16038 THIS CONTRACT AGREEMENT (herein "Agreement"), is made and entered into this 18th day of April, 2017 by and between the CITY OF WEST COVINA, a municipal corporation, (herein "City") and AMTEK CONSTRUCTION (herein "Contractor"). The parties hereto agree as follows: A. City requires: Remove existing fueling station at City Maintenance Yard on Sunset Ave, install a new fueling station, and all appurtenant work as per specifications. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services -In compliance with· all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Exhibit "A", which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced·in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract -This contract consists of the Notice to Contractors and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Guarantee,· Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law -All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses,'Permits,:Fees; aridAsses"sments -Contractor shall obtain at its sol~ cost a11d exp~ns~ suchHcenses, permits ·~d approvals as may b~ reqllired by 1aw for the performance·• of the servi7~.s reqllifed ?Y.~s ·fgi-e~en!·. C?n~actor · s~~llhave.· the sole obligation to pay for any fees, . ass~ssments ·and truces,'.plus cappµcable' penalties and interest, which may be imposed by faw an4. arise from orare necessary for the .c?ntr~ctor's pe~°,rman~e of the services required b)' pnsAgreeDJ.ent; and,sh~lind~fy{defend'·a~11d ~old ha~ess City against any such fees,, assess111.ents,jaxes~enalties.or~terest le~ied, ·assessed orilnPp,sedagctpist City hereunder. Contractor shall betesponsil:>le for aU sup~c01itractors' ·compliance with this Section 1.4. 1.5 Familiarity with.Work~ By executing this Contract, Contractor warrants that Contractor. (a) . lias thoroughly·. investi~~te~ .. and .. consider~d the.·. scope of services to be perf?nned; · (lJ )i ha$, parefulty C011§icl~red, : h?vV , tp.e servi~es: .slio~1:~ ~e ?erfo11rted, and , ( C) full Y understands ..••. ·tl,ie •.. facilttiest.···difficu}tt.~s/ .. ~<l•.n~~trict,i911~··· ..• citt~n~9''.p~fform.~fe·.· of thf ., .. services under this Agreern~:nt. ·.IfJhe servic~s inv?lve,1rorkupo~ anyBite,Co11tr~9t?rivVatTants ~at Contractor has or will inyesti~at~ the site and is orvV~l ~e fully.acquainted V(iththe conditin11s there existing, prior to. comme~cemen,t of s.tmc~s .here~11der... se9~Id ,tlir ~ontr~9t,9r .discover.any .1~tent or unknown conditions, vVlnc~.FiU mat~ri,ally ci;ectthe·.peff~1:llfanCR·. ofthe·~ervices···h~reut1~er, 'Contrnctor shall immediately inform tl1<:>yity of sllch :fact and .~~ag 11ot proceed except at Cdnttactor's .· risk until written instructions are received from the Contract Officer . . ··. . ... ·. ·. ,·, , . · ... •.··.'··.·· .·, . · .. ·<tat,e °.t~otk -The C~11ifa.6tor snkri(~li~pt~eas6~aql~ 111ethods during the life of the Agreement .to .. furnish .. contllluolls · protection .t? .. the vr?rk;,: cllld the equipment,·· materials, papers, dopuDJ.e!ltS, pl~~~ studies an.di ~rother. c9~12?r,enrs. ~her~o{to f f~Ve~tl98:ses or damages, and shall ?e ~esponsible for aHs11ch ~a111ages, to)pefsohs ~I' Bf?P~I"ty; tintiV ~cceptance of the work by City, except such lo~s.~s or damages' as may be caused by City's §wn negligence. . < 1. 7 . )!~f 1;'.il~¥8g~l~~~~ gf'f~~~c~ottjpfil"ti~.agtee t~ use reas~nable care and ••. qjl~~enpe t<lperfo1111 }lieii:. ~e~p~q~ve 0RI.i~atio~u11~e,r,t~~ ·.j\greeinent .• Both parties •agree to.act in good faithto execi1tya1ldnstfunlents,ptepare··all· .. documentsandJake allactions as may be reasonabl? neceSSat)'. to ..... :carry f>µt ... tb.e .. l)lll])O~es , of thi~ ••. tgreem~11t . .tJnless·. hereafter specified, neither party sh.all, b~. rysponsi?I~ifor the Set\lic~ of f11:~:i:~ther. Contractor shall require all sub- contractors to compliwith theprovisi()ns'ofthis agreement',;. ' ';:.·.:· · .. ·_;•· .. -.':'_;·: .. : :.::.· .. ··. :.:.·-:..?'."-::: '. ·:.-. . . . 1.s ..... i\ddition~1s~r\7i~es -·91tys11a11h~ve the'Jightatany time during the perfonnan~e. of the s.~foes, V(ithou{ ~-validatin.~/t¥s Agreen1.ent,ta': or4er extra work beyond that specified irithe ·ScoreofSe,rvices,or111f1ke.char1geS••byaltering,-addi~g, to.or ded11cting,from said work. No .. such extraworkmay ~.e u11dertclkEm ~ess ~writt~.pha.nge order.isfirst given by the Contract · ,Officer Jo, the sontractot, incorporating therein any.• adjustnient in (i} the Contract· Sum, and/or (ii)the time,to perfofl:1 tw.sA?leenient, yVhlch said· ~dJustinents are subject to the written approvalofthe Contractor .. Any inc~~aseincompensation oft\venty-five percent (25%) or less of the ContractSutri, · or in the time to perform of one hundred , eighty (l,80) days or less may be approved by the Contract Officer. Any greater increases~ taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of. this Section . ~hall ·not apply to sefVices s:pecifically set;,forte in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services· to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 . Special Requirements -Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A through E" and incorporated herein by this reference. fu the event of a conflict between the provisions of Exhibit "A through E" and any other provisions of this Agreement, the provisions of Exhibit "A through E" shall govern. 1.10 Prevailing Wages Laws -In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated ; in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal worlang day. Contractor must forfeit to the City Twenty Five Dollars ($25.00}a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor.is required to post a copy of such wage rates. at all times at the contract site. The statutory penalties for failur(;} to pay prevailing wage or to comply with State wage and hour laws will be enforced~ Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section· 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices .. 2. COMPENSATION 2.1 Contract Sum -For the services rendered pursuant to this Agreement, the Contractor shall be compensated· as specified herein, but not exceeding the maximum contract amount of Seven Hundred Eighty Seven Thousand Five Hundred Fifty One ($787,551.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attendingsaid meetings. 2.2 Progress Payments -Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a, complete itemized statement of all labor and materials incorporated into the work during the · preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (3 0) • days. City shall pay Contractor a sum based upon ninety percent · (90%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement The remaining ten percent (10%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3 .1 Time of Essence -Time is of the essence in the perfonnance of this Agreement. ....... ······ . ... . .. . ... ... ... . ... .... . . ............... . . . .. ........ . . .. ..... ... . . ... .. .. .. . . ::.:.: .. ::·.::·: .. :.::.·:·:.: ::::·::.::: : : : ·: ::,::::.:':=//SJ ....... ····· .... ............... .............. ....................... ... . . . . : . : : ~. : . : : : . : : : .. : : . . . . . . . . . . . . . . . . . : ·········· ··:··:::: .. :·::·::·::: .... ..... . . .... ···! . . . .: .. :: : : : ::l ·:.: :. :: .1 ··: ... ',! :. ·1 ···. i J > : I ·:.:• .. j . . . . : l .. :: I .:· ... ·: .·: :·:,l ···=' l . .. ··········· . . f~1~9i:t:i{lllil~~~~ehllf~~{e'J~~~tvrt:f • ···• . . . . . : . : .. : . : : : : . : : : . : . . . . . . . . . : : . . . . . . . . .. -. . . . . . . . -.. . . . . : : : . : : : : . : : : : : : . : : . : : ~ . . . . . -. . . . ... i// )i. T:G.P.Q~~-At!.QN9l'LWORI( ......... : ... :::·... · ... · .... : .: . ·:: ·: · ····· .... . . .. ·· := 1~0.retta'Sayce/S~ur¢tary/Tra~sur$r : ·· · · ·· · · ·· · , < .. . . .. .. . . . . ~an ~2Cf:· \J-ji:e f'r~id~nt •. . .. . . . . . . >< I . . . . . . . . . . . . . . . . . . . . . . ... .. ::·::··::··.:··.··· . ·-· .... . . . . . . . . . . . . . . . . . -... ······ ··-. . .. .. .. . .· :·.·:.:-:: :. . ·-. . -··::·:. . . . . p~halfp(the Qity·.reqfr1redhereuiid~t'.fo tjrrfro.ut,tlie t~rrr.1?()f.t4isAgr~e.~ent.0 : ... . .. . .. ::: : . .. . .. .. . -. : .......... ·:·· ... :.:·· .... ········· .. . . ... .. . . ........... . .. :I . I :l ::<i 4.3 Prohibition Against Assignment -The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, talcing all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor -Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub- contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work -Contractor represents that it employs or will employ at its -own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation -City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. 7 Trenches or Excavations -Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four ( 4) feet in depth, the following shall apply. . a) Contractotshall promptly, and before the following conditions are disturbed,notify City; in writing, of any: (1} materiaLthat.Contractor.beHeves may be material that is hazardous waste~;. as.def,llled in Section. 25117·of theHealth.;and Safety Code, that is required to be removed t9:a·:Class I,,~lasstII,: ·of @ass Ill disposaL site in tlCCOrdance with provisions ofexisting: law; (2),Subsurface· or latenfphysical conditions at the site different from those indicate~;· or (3) lJnknown p~~sica1 cona.itions. at the site of any.unusuatnature, different materially from those ordi11arilye11countered and generally recognized as inherent in work of the character provided for in the contract,. . b) · . .City shaH promptly investigate the •conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and ,cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue ~.change order per Section 1.8 ofthisA_greemerit . C) .·· . ·.. . .···.That; ilithe even\that~ 1dis:put~ apsesbetween ~Hy and Contractor whether th~t C?1}ditio11s . ,~te,ri,ally:qtffor; Of)~y9lye h~'.l':ar4911~ . waste, or9ause a decrease Or increase in .. C:9ntra9tor':s .. 9ost···of, ... ·oy·ti111e<;requfrt4?for, .. ·.·performa1J.Ce ... ·.o{ an)T::.part of the work, Co11tract9i: sh.~Jl 11ot :beire;cused. fr9m\,a11y s.~4~gt1Iedoc9}11Pl,etion.. dctt~. prqvided for by the contract,lJl1tslfall·pr{)c~e,d 'Yith•all:work.to .b~ pefforme,d·,under the>.C()lltya9t,·.·. Contractor shall retain~?' and all ri~ts.pr,<xvidedeither PY contrn~tor byJaw which pertairrto the resolution of disputes. and. P!9tests bet\v.~ell tlie contract,in,gparti~~;· · 5.0 1NSURANCE1i· Contractor ~~~11 .Pt~ctirf ati~. ~aintainfo~•.tht·. dur~tion··.of tlie• .. ?o~tract? at1d. for a·. p~riod for seven (7) . yearn ~e~e~~er,ijnstita11.pe against ~lai~~ ·, for;injuties: to persons or ear1a~es to property ~hich ll}ay arise froiJi, · ?r in; coiyie~tiorr with the yerf?~anc.e of the work:;, hereunder by the Contractor;: hi§ ~gentsrrepre~entatives; einployees, or subcontractors. 5.1 MINIMUM SCOPE ANDLIMIT OF INSURANCE Coverage shall be at least as broad as: 1. CotnDJefcial?eP,etiil L~#~ilit)r'.(S8L}: IrisuranceSeftricesOffice Form CG 00 01 ~?vering . S~L ?~:;, an ','occurrencf'; .ba~is/ . ii1e1,u.1mg .· pro~u9~~ , and. completed ope,~~tio~s,.·prope~y· .·daffia¥e,· bodilyinj~rf :and.···person~l ·:~--adve~ising· injury·· with limits no··'less than $5,000,000 per occurrence. If a·gerieral'aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurre:nce limit 2. Automobile Liability: Insurance Services OfficeForrp. Numb~r;C:A 0001 covering Code 1 ( any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Surety Bonds as described below. 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services "involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and relate.d investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 5.2 OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City. Builder's Risk (Course of Construction) Insurance Contractor 1I1ay submit·. evidence. of . Builder's Risk . insurance . in t~~ . form of Course of Construction coverage. Such coverage shall name the City as a loss· payee" as their interest may appear. If the pr?jecf does ~ot involvenew or ~ajor> reconstruction; at the•option of the City, an Installation Floater 111ay be acceptable .. F'or such froj ects, a Pro:Perty Installation Floater shall be obtained that prnvtdes ...• fo~,the.imfrovement,iremodel,. modification,. altera!ion, ·conversion or adjustment tq .e1i~Hng buil,dings, .s~~chl~.yS, Pt9.c~sses, macwn~ry artd _fqui,p~eµt. · .. The Property InstaHatiop-_ Fi9ater>sp.~ll ,Proyi~~t 'propbrt)(, ·a~a~e ... ·_ .. CO",~rage.· J9r any_.·buildipg, structure, macp;iery orf~uipwe#t 1~a~ed, !mg*ed, ··~ro_ken, · qt~estroye~t.dUfing the, performance of the Work, inc~µdjng dutjng tr~nsit, installati,011,. and testing at the City's site. .. ,·.·.-_.:;·: :. : ··,/:. ,· .. ' -'. ·: . .,: ; . . ·.. . .Y., -:· :·: .·,,,.,,. . ·. ·! ........ ; ,, ': ·' ·, . . .; ..-.\ -~ · ... ·:·· .: ·; Acceptability of Insurers Insurance:jst9.be···placed,.~ithi~sur~rswit~.a currertt A.M ..... I3est ratlllg of no less. than A-:VI, unless 9t4~fWjse a.cceptab}yJq the City. · ·· Waivero}j{ubrol{ation > ·• . 3 . L . C . .. < . .\ ·•· > Contract°,r· hereby agr~~s ·to~aive .· ri~.hts· of~·subrogation,wh.kh. any. insurer of Contractor may acquir~ fron1 Contractor byyirtue of the payme11t of any loss. Contr~ctor agrees to obtain any endorse111entthat m~y b~n~cessaprto ... af.fe,ct.this."7aiv.t:,r of subrogation. The Workers' Compens~po1:1-•·prlicr,· s,~a11 b~_.e1iclors¢.d,!'1W'.~.··.:waivey· ()(,~11proga~o11 i~_f avor· of the City for allworkperformed:·bJthe .. Gontractor;.its·employees, agents and ·subcontractors.·•···, Verifi?~1~'~[C.0 t~rafe < / ..•.. i I ···· ·· i \ • .it • .... ·· .. '\ · ···· · i >> .· Contradot .. ~~ilI' .~m1sh· the.'(2it~'.:wit~···ori~.~t-.•. f~r,ti,fisates -~B1 .. -~ll}ef4~tory'' e~cforsements, or copies of .~e ... ~ppli~a~1~jrst1tance1~gui1g~ii~ff~~tii;t*·.C.of ~~.a~.~: .. require1 .. by :this. contract. .. ·.J\n cert1ficateg 'and endmsements are · to he received,: and: approve4 by me· Sity before ·work commenfes.. However, failure to obtain the required documents prior to the work beginning shall not waive the Cori.tractor's obligation ,to provide, them ... · The City reserves the right to require cmnplete, .. certified c~~ies o_f ·. all.· required insurance policies, including endorsements, required by these specifications,.·at any time. Subcon~a,ctors ·' '. C /i, . . .. : ... ·. ' C_o11tract9t sli,alLre_qvirr ~4 ,yetjf)'.J~at au sups9ptrc19tqrs. m~i11t,ain in~ur<1pc~ n1eeting all the requirem<imts .~tcited;li~r~in,· and£911trnctor ,s~~lt e11~ttre, tha~.Cityjs at1aqdittonal insured on insllfanc~ •. ,,.rnsi\lir.e4_ ::,ft-o?P .. s11q9.011t{c:1,9!9rs. ·.· :f.C?t ' GGP (!Oyerage, si.it,,cgrttrcic;tq_rs shall provide coverage~itk ~ fo.rtrlat-least'~s bro,~cf ;;'cci 20 -~8 04-13. --, ; -,-. . . Surety Bonds·. Contractor shall provide the following Surety Bonds: 1. Bidbond 2. Perfortnance bond 3. Payment bond 4. Maintenance .. bond The Payment Bond 'andtli~ Performance Bond shall be in a sum equal to the contract price. If the Performance Bond prnvides fot a one.:.year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the ccmtract is for longer than one year a Maintenance Bo:nd equal to 1 d%of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authori:zed to issue such bonds i11 the State of California and secured through an authorized agent with an office in California. 5.3 Indemnification -Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', sub-contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees hannless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5 .2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors. 5.4 ~abor a:nf M.a}erials. a:ud.Perfor.tn.ance. B~nds -Concurrently with execution of t~s Agree111.ent, .contractor. shaµ de~iver to f i~y ~. l.abor and materials bond and a performan~el)()~(ie~~~in·tb.~.S}Wl.Of,th~ .~d~f ?fthis i\:gr~e111.~nt, in th~·f()1:11S provided by the City' Clef~t;rhichse.c11resthe fai~hful p~rf~F~c~·.?f:tbis ,}\_~eetrle~t., Jfe·bo11ds.8:~all contain the o~ginal.·.n<:>tarifre·····sigti.~~e of ~ll'auth&ize~··officer.of ~lif sm;~ty·a11d:affix~dtliereto shall be a certified.and c~e11t.c9prof!fis .. po'Y'ftof ~tto111~r .... 'fhe;l5pn1~.~~anb,yu11conditiona1 and remain in force<dtuji~ We .. ·.ef}ti.r'f.: t7:rin ,,or,~ ~gr:911ent 1~4 shaltb~}i~ll :~~q,,yoi~··only if the Contractor promptly aticl fait~fugypef(orm}·allterrn,s a11q·co:nditiq11s nffuis:Agreement . . {~ ... §~~ienfo{Jnstttei:or.S,1lfety:~cfofio~~required by this Agreeme1?ts~~11~e·.sati.sfactof)'op.l?i.~iss1.ed·.by'9.omRani~s.qu~l~~edJ8•d?bus~ess,in California, rated !'A'' orb~~er·in.the;ntostre¢ent edition qt'Best R..ating.Guid~,,The-Keyl{~tw~?uide or in the Federal Il~gister, an1 onl)' if the:Y,.:8:feOf a finandal categ;C?ry Clas.s V:II01; better, unless such req~e111~~1~:,<11"{})Y~!y~<i,"t>y.,tgy.~s~ .~~,~~r ?f .~tSit)! .c\11f.tS .WU~ue .c~pumstat1ces. In the event the J:li,slf .• ~~~~~L~f 81~:•f'~~~,M~a,&~1 ') ••. 4Y1~~s:~!t1,t.~~¢ .. ~pFJ(.?f :.s~r~iS~§. t9 be performed under •. tbis. ~p~ym711t.· c~e~~i~.••·a~·.·•in#eas.e,a.~'~l•-Rf}?.~~.\1Qi .. tp:e'.:·.Sftr/,te~ .. S.?*trt9tor ..... agree~ that the mimmum1~f~ ,of t11e, inSU1"~ce.I?()fi9i~§ #icl't~~j,¢go#~~e ,1?on4}equiied by thls Section s may be. chang~4• .. ·.a998f~M1&lz.:1.1p9H,·r~?.~ipt qt,~.~~~:.P.Qtice fro11\·:~:Y:Ri~k lvlclt}~9~; .provided that the Contrclctor .. s11f\~:_~~ve, the !i~tt°, ippe,aJ ·c1,~~t~fWll~tio11.of ~crya~y4 coyy~c,ige by the Risk Manager to the City Counc,~}{,City:Wi!J1iii..t~~ •. (l.Q}:days9fr~qeipt,C>ft19tice{rgp1.t];1~~s¥Martager. ,.·,, ;',' ,' 5 .6 s;~stitfitih~;··~'rs~~llf itl~~'.-;,~llfs~!t~tri ·c~#iJfrli.a Public Qontract Code Section223()0, .. s~bstitutfort ?f eHzjble ~~ll~y~~ent· securiti~~i{or ~11i1:ff!911eY§;)¥ithhe14 to ensure performa:n~<? ?gd~r ihe c~~tr~crforthe ;work to be performed 'Nill be'pe:nn.itted at the request and expense of the successfulbiqqer.·i:' ; 1' ,: RECOrfuS A.ND fu3p()Jl TS- ', .::·,·,, .. _··: ."·, ... · ... ' ... :::}.::.: ... · :·. :· .. ,.··:. :-..... · ) < S:l ; ;e;d~~ {61htrt~~r sliaTI perio~~Y J)r~a#e ai1d shl,niit to the Contract Officer' Sllchrepof:ts'.5?11.~e~1s .. the per[9n11a11fe .. ?.f.th~s~rvic..~.~·.· reqt11r.e~·by.·~S Agreement as the Contract Officer(sliall require:. i Contrnctor her~py acknovyJ~dges Jhat t,µ~ City is greatly concerned. abo11t .t11~ sost of work and servic~sto .• be per.forme~pursuant. to. thisiAgteement. For this ·.rya~P?-V·, cgr1Ji;~S!%~. c,l~~.e~ ... zQ~tJ(S()lltf.~,9t,.of,.Pf?Wf~f .... ~7Y~9. 'of'· '111.Y 'facts, circumstances, teclmiq~~~~ OJ -~y~~f~ :t§f!tt,t11ay ;o(:~Hi niat~#~\lt. incr.~~§:~ org~Y;}Xas.e .. t~{} .. c.ost of the work or servic,~f '(;()I1t11PPl~~e4he1Jin or, ,if:.Se>#tract:()ris:grnyidin.g; d~sign,~fryices,; tllf .QOSt of ~he project being ··d~s,~gne,4i> S£PF'~.ctor .~A~H· pr~gi~tiy 11oti,fx·,the .• conl~St8ffice~ .9[ sai~:f fa9t, .circumstance, tecbniqu~ .• Of.·. ~y911t ~~<i ·,tH~ estimated in.cre~sect<or . decreas~d cost}elat,ed,thereto and, if Contr~ft,pri~pro~iding; design s~rvices, the· estilnated increcised ·or µecr~ased cost estimate for the project beizj.g; designed. , ' 6.2 JJ.ec?rcis .-·contractor.sH~rkeep~ ~d}equire sub-.f ontra~to~s to keep, such books and recor~s. (§ctu?ing; glltnot . limited to payr?R. records . as :~quired· herein). as shall be necessary to perform the. s~rvises req11~ed by this Ar~eµient'and enable thy S?:n.tract Officer to evaluate the performance of·such ·services. The Contract Officer.s~~lll1ave full .andfree access to such books and records at all times during normal business hours · of City, including the right to inspect, .·copy,. ~udit · and tnake. records ctpd. transcripts.· from .. suc~ records. •· Such records shall be maintained for a p~rio~ ?f. threel3) years followmg, comple~o:n.,orthe services hereunder, and the City shall.have access to such records ii1 the event any audit is required. 6.3 Ownership of Documents -All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7 .1 California Law -This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personai jurisdiction of such court in the event of such action. 7 .2 Disputes -In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7 .2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7 .3 Retention of Funds -Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining ten percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty ( 60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) ofup to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 7.4 Waiver-~fo delay or omission inthe exercise of any right or remedy by a non-defaulting party ona~r4efault shallimpait suchright orre111.edyor be construed as a waiver. A Party's COll~~nt.to. or approv~l of any act by tht:}/other Party:requ~g the party's consent or approval s~all 11qt b•e deel'll~d to ~aive or r~nder-upnece~.s8:1?7 tpe nther Party'~ C()t1~e11t tO' or approval of any subsequent act. '. Arlyw~iver.byeither party of ~ydefaultmust be in writin§·and shall not be a waiver ofany other default concerning the same orany:otherprovisioii of this· Agreement. 7.5 Rigllt~.·;~111·:tl.~n,iedi~s are ~uhiula,:~'7e ~ E~ceptw~th ~espect to rights and remedies expressly declaredtn be.ex9lusive inthisAgree111.ent, th~ Q?11ts and reme~ies of the parties are cumulative and the exercise by either party of on~ or; more 9f such rights or remedies shall not preclude the exercise by it, at· the same or different times, of any other rights or remedies for the same default or any other default by the other party. 1.6 1-ieg,tff.ti()11-I11a1dit1q11to ~yot11er ~ghts/cfrr~edies, either party may take leg~l action, l(;l"W or; ,ill' equit!, tq Gp.re,.· coµect .or,renied!. any. default, tq re.~over damages for any defat1lt, t<J c,nmpe} spe9ific ~~1?1011a1l.~e of.19£.s .. ·.f\~eemeny ra .. ·.olJtain depl%~tory or. injunctive relief, or to o'btaii\ anyothet:f~eoy c'ons1stentw1thtlie1purposes of this Agreenie11t.. • 7. 7 fiquidate~; ~~u1.1f ~~s.•.~ .. · Sii1§et~e clet~fJllinatio11iof actual)<l~ages for. any delay in P.erfonn'W:ce of this Agi-~eillentwoulq be extren:iely 4ifticult or ~pracHcal to determine in the eyfnt,of.a .. 1?r~c19~of this .. 1greym..ertrt~~·(?o111t~~tor •• c1n.cljts ... sur~H~s Sf{!ll·.?eJfcl~le for and shall pay to the .. ~i~Nqllidat~1.~ama~e~{9nea71i,xv~r~g.1ay9rae:1~y in.tli~:J?~~onµapseof any service required ... ·'.her~1-1rcte~, .... ~~····. Sl)e~i~.et,int1.tliet'~sJie~111Y: .• ·;9{·:.Perf()1111an~e ..•. ·.·.(B]~biti::('A'').. In addition, liquidated.· <:la~~g;~s.:.1}t.aY·:.JJ~,.~ss.~s~y<:1·.fo0 .. ·~c1g~ft;·t.S/59P1l)ly:with:.tp.9·evier~~~cy .. rall. out require111ynts describe~.in ~t~CPI?:e of~~~~~~.,1f:e{]itilllcty •'Y1fh119.f d•fJ;o111.an.!mq11eys: .payable on· account of servicesperformed··~yth~ (Jo11tra9t.gr•<:U1y a99ri.l~d liql1id~ted: c}apiages. J •· .•. · .. ,· \7.8. .• ~ .• :Ter,!JMii:ati.6#:ifo~'. ~~fa~t·§f .• Conti4~~~er· : :w t~atwn is due·• to the failure of the Cqntractorto fulfillits·obligations under.tlns Agreement, Contract.or;shall vacate any City·.owped .•propyrty,~llich gon.ti;a9t9r·.is Pe:r:rnin~~ !?;oc9~pyhm~µBder:andCity may, .. after cotnplian~e:~th .• lp.~;'p1r9yisiogs.·,pf·:~~?tion({l.2,··take:J9".ertlie.,work\and:; ... Prose9llte the same: to compktiqp .. br contrc1¢t. .. di-otherwf s~, .. ~a.:the 9?11tractor ·.~~~I· .. b~:Jiabi(;}to. the,.:exte~t. that the.total cost for compl~tion .. ofth.e s~rvi.se:s··.·reqpired.hereunder e~c~edsthe.compens~ti~~)herein stipulated (provided··.· that". tlie .rnty .shall.· use Teasonable eff,ortsi. t~ i mitigat~. s~ch dam~~~s ),, and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previ~msly stated. 7.9 Attorneys' Fees -If eitht Party tothis f greenlent is f~uired to initiate or defend or'made a Party to any ~ction or proceeding :in anyw~y.connected with this.Agreement, the prevailing part)' in such actiotl Of pro?ee4ing, in. a~~ition to any other re~e~·Whi?h may be granted, whether legal or eq~table,···shall be'entideq• .. to·;re~sonable attomey'sfees: Attorney's fees shall include attorney's feeson any appea1, and in .c1ddition a :Party entitled to attorney's rees shan be entitled to all other reasnnable costs for investig~ting ~uchaction, tal<lng depositions and discovery and all other.11ecess~ costs the COUrt allows .. ~llich are incurred in such litigation. All such foes shall be deeriied to have accrued on commencement of such action and shall be enforceable whether or not such' action is prosecuted to judgment. --. . ,·::'.t. ··:·:•::;11· ¢:fry :9FE.i¢ER.§'.ANi>'e.fy"1P£qyi13s_~~9NJ?1s¢RIMIN,Ari.ON. ··,-·:-.... .. ~j~ s;: ····: ........... -............... ::. ... ""·.:·::::·.:: .. ·:.: ·····:;;:: .. . . . . . . . -. . . . ····-··· ... >:8.3.: <:: ···:: .. ::::..:·:·:·::-·::::.:::··:··· . ······ ...... . . ······· . ' :/~·:: '.? <+Ml.SCELLf.(NEOUSJt~{>\tISlONS •· : ....... ·.: :.::.:: .·:.: . . . ... .. .. -...... . J{con.tl;~C~()r: 'AMT~.K CON$TRl)CtlQN . ----· __ . _/124:09 stausonAvenuti.Suite:'Ti(~y~f::;:· · : <:\Whittier/-Califotriia 90606 ::= · ···· --~ :; ,: ::"' ·: •. / :]562)696~711.1./ :·: .... .. ·::. _. · ': ..... _ ...... . . . .. . . . .. . . . .. -.. . ...... . ...... ... . ... ... . : : : . ; : : : :: :: : : '.: ~( < ~ (;:: i::: _ -.. " . •·'·... ... . --- .. -.:_-__ :_ : __ -, .. . > ! 1 9 .4 Severability -In the eyent that any one or more of the phrases, sentences, clauses, paragraphs, ?r secti()JJ.S c9JJ.tained U,1 this Agreeme:ntshall ~e declared invalid or unenforceable by a valid judgmen.t or-decree of ct court ofcompetent jurisdiction, such invalidity or une~orce~pili.ty. s~~IJ •. :n?t.,~ect.~r .. ()fthe re:tll.affiWgR1¥°r~es;.sent~9~.s, dauses, paragraphs, or sections 9{§~ A.gre§ent .. \Vbfcf af~ het~by de~Iare~ .. as se,\',yfaple a11q s~all lJejntyrpfeted to carry out th_~. int~nt ?{~e. pattierh~rei.w-de{}1lµess th~·Jnya.lid provisio:11 j~ so· .. matyrial. that its invalidity deprives' dther pcllfy of the basJc _ben~fit ofth~ir b,argap1 Qf rend.~~.'tms -t\gre~ent meaningless. · 9~5 .·. .· Ht.-illg 9f Ill~g~~. !\}i~ns Prohibjt~cl !. Co11ti;c19tor shall._ l10t hire or employ any pe:rs911 tqpeiform 1\TO[kwitlrin tp.~,:Citypf.:West C_ovit}a qr allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. . , . ., . ~1.1,fa~'-'~1:lsb:J.e~~ Pra~#~~s .. ~I3:i111s-<:In····ente1JJ.~ .• lllt? •.•.. ~.· .. ?.ublic works contract· .. ·6:r. a"s~?C?1l~ac.~ .• to .. :syPpI~·g901.s;·. sewce:~·w·.:.,~teri~1:~ ~ur~~ant•.·•t? .•.. ~ .. p11blic works cont~.act,:.·!8et coAtta~tor· .•. •.?r ... s1:1?--.f9BtI"~:?!?r····.•9ff ~fsc_ard .... a~ee,si t9·······~~.&~¥11';t? ..... t~e .•.. •trrding. body au rights?_·.·titl~~.:,a.p.~• .. •·llltr~e~t··m·.~1· ... to. •.• al1~~}1~es. ?f.a~ti()11 .. 1t.·_1r1ay •. ljaye,:i.mc!~: ... ~.e,~!i?~.:·,: ()f the Clayton Act (15· ... tfS'~C}'Section····15).()f }1114~ttlje:s~1~~1cr:tSg~B!er'@f(c?~~~9~~/yVith Section 16700) offart ~ ofDivision 7oftlie Busfoess ~d Prnf~~sion~'S?de), arisi11ffrom purchases of goods, service,s.·or .. ma~erials pUrS1;1ant .·to .. ·the:-.£1.!p}ifa'YC>t~~-9():tlJp:tqf ()rJI}~>S}lbCOntract. This ass_ignme11t sh~ll be .~ade an<i b~co~e effective atthe, ~e the avVar~ing body renders final payrrientto.-.tlJ~. 9R.~1r,9t%,vV~t~9ut:}iJFtl!.e,r ·~c~9Yfle,<igl:llent by' !Pe,.perties .. ··(Section 7103.5, Calif.orni~:fHPii:P Ce>n~act.(J()<ieo),::f· · 9. 1 corpof~te J~th()#~ ;:Tueipers6IIS ·executing thl.sAgr6ylllent on behalf of the parties her~to \Varrant that (i) such J?~is dlll)' yrg~z~d 3;1d .• existing, (ii) they are duly authorized to.execute.and deliver thisAgre,5-11e~t onbeh~fof.·s~~~~~,.(iii) by so executing this Agreeme11t, .· such. :party .is fonn~lly b.?und to· t~e pr9visi?nf ?f~i~ 1gi-e~~nt, and (iv) the entering into this Agreement does not violate any provisfon·of anyotlierAgreenient to which said party is bound. : .'i·f:".:-. :-::.;, 'ii'. : .. ' ,,-.: ,_..-:·: .··, .... ·::::-.:·_::. '. -·: _:_,_~ 9 .8 Legal Respr~~i~~t!f ;·;: 'fll~SC?n~~ct9i §~~(ke~p 1ts~lf informed of City, State, and Federal laws, · ordin~c~s and re~l%tgns,'· ... ':"lli:y~· ·111~¥,f\P>any. manner affect the performance of its services pursuant to this :.A.greefil~nt ,: !11e'\f9PV'Pt% shaUat all times observe and com:[)ly with all su~h laws, ordiriance~ artd regfilati~ns. 1'1"either theCit)r, nor their officers, agents or employees shall be liable at law or µi equity as a _result of the· Contractor's failure to comply wi~ w~i sectj011. 9 .9 Termination for Convenience -The City may terminate this Agreement without cause for convenience of the City upon. giving contractor 30 days prior written notice of termination of the Agreement/ Up611 receipt of the notice of termirtation. the Contractor shall cease all further workpursu.ant tothe -Agreeinent l!pons~c~ tefuiination bythe City the Contractor shall not be entitled to any other remedies;· claims, actions, profits, or damages except' as provided in this paragraph. Upori'tJ1e receipt of such notice of tennination Coritracto:r shall . be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of tbis Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement :IN WITNESS WHEREOF, the parties have executed ,and entered into this Agreement as.of - he date first written above. CITY OF:WEST: COVINA, Date: Anytek Construction • AssiptantCity clerk of tile City of West Covina Kimberly-Hall BarloW, City Attorney - Risk Management I. SPECIAL PROVISIONS EXHIBIT "A" SCOPE OF SERVICES PROJECT NOe BP-16038 SECTION 1. GENERAL 1. Standard and State Specifications -The work embraced herein shall be done in accordance with the City of West Covina Standard Specifications latest edition, Standard Specifications for Public Works Construction (Standard Specifications), latest edition, Standard Plans for Public Works Construction (SPPWC), latest edition, and select California Department of Transportation Standard Plans (Cal trans Standard Plans), latest edition, and California Department of Transportation Standard Specifications (Caltrans Standard Specifications), latest edition. 2. Document Precedence -In case of conflict between the State Specification, Standard Specifications and this Agreement, this Agreement shall take precedence over and be used in lieu of such conflicting portions of the State Specifications and/or Standard Specifications. 3. Defmition of Terms: Wherever in the Agreement, Notice to Contractors and Instructions to Bidders, Proposal, Contract, State Specification, Standard Specification, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows: State City Department of Transportation Director of Transportation Engineer Council Apprentice State of California. City of West Covina, California, which is the party of the first part to the contract. City of West Covina Engineering Division. City Engineer of the City of West Covina. Public Works Director of the City of West Covina or his duly authorized representative. The duly elected Council of the City of West Covina, California. (1) Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau; or (2) A person in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship Council (where appropriate) to be eligible for probationary employment as an apprentice. Contract City Days Engineer The .• vVritt.en ~~~ellJ.~nt coyering the performance of 'the work and the :furnishing . of labor, materials, tools and equipment in the construction of the work. The contract shallinclude the Notice to Contractors and Instructions to Bidders, Proposal, Proposal Schedule, Bid Bond (Bidder's Guarantee), Design.ation9f. ~~9-c011~rac~ors, StaFement of Non- collusion bt Qontractor,. Certification of Principal, ~~pple111ental ·.·. , Inf or1}c1t,ion,: ... · .. Plans and · Spe?if.Jgattons, . r~f,~ry11ce4. :, ,p9rttons · of _ State s~;e,pi±Jcatipt~ and SFand¥d Spedfications, Faithful ge19.mia11s~ > B?nd, i,]J~bor, · ~nd c·NI~terials Bond, duf~nt.~t' .-•.... r.ax;: Id.~ntific~tion Form,. •Worker's Go111~~~$~tion .•. _ C~t!ifI.sa,t,ions,, .·· .. · .. Contract Services Agi;e~w~nt, and ~I a11~all _ sc~~d11les, exhibits, and attachnients··· •• t9: it.;/ cl~~9,'· any"·. and· a11 supplemental a~e~~~11ts • ~m~ndinj: _ or-•·-_ Fxiendi11g ·_-. the work co~r e~plctteq.: \ an:d . wlrich .. · ,tpa)' .. ~e. required to ~9111.rlete Jhe vVOrki11 }, .. sulJstantial and. acceptable 111~~\ ... < s.~f:R1.e1P.:~11ta1 .... ar~ement~O. or written afy$¥1x~ts. ,-·f?Y~rn~-••. ,1tfra{iQI1S,···-···-~e~dments, or ~~.t~n~1011~?Wi;.t~~-·•-··~B11tt~ct .•·-sh~~1-. b~ }p_corporated in the; contractartd'include contract.•change orders. The cbrpCltate b6dy ·bollt1d vyithithe:··cofitractor for :Wft.Jait~ ,g~!{9f111~Hgf .. 3f'.ci,!~f>·9cmtract that is .. avi~ii;q.~dJmcler. the'se .~pe~;itiqati~ris,: ' rrrre .. 'official.'·publicaHoris''iai-eitne 'formal resolutions a11d p.gticesJelativ~ to the proposed · improvement J~~t f1-1"(;},,JeqyR"~d by law to be published in the gf~.spp3~1-~<illller,. •· ail~t · thc+t. hfIVe . actually . been 'p~b1i~R,~·4,i11:,_.~ccordance. ___ ~ith. _the· .• statutes relf!ting t¥~r~to;· .. §t{ention is directed to the fact that these t3fbli,Sfl1f.9~s ai~ th~ st~tute~ vested with all the force · and.effect of.contract obligations .. ·where_., t~e \yord ''board" appears in the Standard ~sl?yci:fipati?ns, it shall mean the City Council of the City otW ~st.Covina, California . . 9.itY 9f )Vest Covina, Los Angeles County caHfornia ...• · \Vhe:retlle word "days" appears in the Specification,s, it shall mean consecutive calendar days, uhl~ss otherwise noted. Th,e CityE11gineer of the City of West Covina, acting personally or through agents or assistants duly authbrized by him. Inspector Working Day 3. Abbreviations The engineering or technical personnel authorized to act as agents for the Engineer in the supervision of work covered by these Specifications, limited to the particular duties entrusted to him or them. Any day except Saturday, Sunday, or legal holiday, and days on which the Contractor is specifically required by the Special Conditions, by his Labor Contract or by law to suspend construction operations. Also excepted is any day on which the Contractor is prevented by inclement weather, or conditions resulting therefrom proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five ( 5) hours toward completion of the current controlling operation. The following abbreviations of the names of agencies promulgating referenced specifications and standards are used herein: AASHTO Officials ACI ASTM OSHA SSPC 4. Sub-contracting American.Association of State Highway and Transportation American Concrete Institute American Society for Testing and Materials Occupational Safety and Health Administration Steel Structures Painting Council Attention is directed to the provisions in Section 2-3, "Subcontracts," of the Standard Specifications and these Special Provisions. "Sub-letting and Sub-contracting Fair Practices Act" (Government Code Section 4100-4113, inclusive) applies to the items of signals and lighting and requires sub- contractors, if used for such work, to be listed in the prime Contractor's proposal; prohibits the substitution of sub-contractors, except as therein authorized; and provides for penalties for violations of the Act. A sheet for listing the sub-contractors, as required by the Sub-letting and Sub- contracting Fair Practices Act, is included in the Proposal. 5. Contract Bonds The Faithful Performance Labor, Materials and Warranty bonds required by Section 2-4, "Contract Bonds," of the Standard Specifications may be reduced as provided in Sllb~tanti~l.c?11forniance vyitl1 Se~tio11}-l. !2, "1vfateri~ls. Guar~tee'.' o! the Cal trans St~11cl¥:d>Sp7sip<;atio11s,, .. Ft11li·.comp~11s~tion .. for .. furnish.ing tlie• eyc1ra11ty .and bonds will be. :C()ns1dered. .as inyluded in the c.ontract price or prices paid for the items of work involved and no. additional compensation will be allowed therefore. 6. J.>ublic.so11t1Jcts.,~i~p~(~.s Tfa~ di~plnts or C()11Struftion ·c1airnsonpubiic works contracts shall be processed in acc?f4~11ce"7it~·the,.~pplicab.l~ pr9vi.sis>11s o.f the. Califonria Public Contract Code, iri9i-u~1~( ~e.ctfon rP! p4·, 'e,t Jeq: 'A Sll111111ary is provided below. Refer to the refer~rice.d.fo4.f .~ecti911s·f9rc1~tAi!~t y. ><.•· \. ·. a) · ·.· P"llfSJ.}<1~\tQ,Cc1ljfornia.J>}ll;>.licSontracts Code, Article 1.5, Section 20104: q) c) d) (i) Tli~s~provisions;.~~pl:rtopt1blic works claims of $375,000 or less; (ii) T}i~s~ .. )1:ovisi911s ,d9.ll?t ?I?P!Y if the City elects to resolve disputes pursuant to California Public contract Code Section 10240, et seq. t)ursua11t to CaHfonua Publk!CC>ntracts Cocle, Section 20104.2: (i) Claims shall be in writ~gand;.sh~ll be filed on or before thedate of final payn:1e~t; (ii) .r_f~etinle, frames for the City to: respo11d to a claim, request ad<l,i!ig11~~ ...... ~0C1l1lleI1t.ati?n, .· ~11d. SlllJmit ... <a resppnse .... t9 ...... tlie .. claimant vary 'dep,e.ndip.g,q11 .• t~e,}~~81:lllt 9t}~f .· ·. claipi t re,f er;'to ... seftipn .. ~0104 .2 for details; .. Ciii). 1f,the• .SitJ:fai1~r~.9,, re.spond·.?I if thy·c1~im.a11t,disputes the reS~()~Se,>clai111ant m~y .d~ihand an inf9p111al co11ference j~ meet and co~I~r~-(iy)fo,Jl~~ingtlle· 9911ft~11ce,;ifJ~eclaim•<Jt p9rtions of the claim rep1ainindis~ute, cfai111a11t may file aF1.,im per Chapter 1 .. and; 2 of Part 3 of IJivision 3.6 of Titl~ .:1. of the Q9vemment C9de; (v) These provisions do notapplytotort cl~jms. · , :'''\ , .. ! .. :: .· -: .·· .. :· . :_;'.·.:·-.c'. Pursua11t: to. cJifo~:· i Piblic Contract Gode Section 20104.4: (i) F<Jllowing .. the filing or responsive ple~ding~,. the court shall submit the matt.er to nonbi11dingme~i,a~ion unle~s waiyed by both parties; (ii) If the matter, remains ins disB11te; JJhe case sh~ll be< :SlfblJlitte.cl to judicial arbitration; (iii} Ariy P8:rty;,.wb.o .a~er :re9eiving an arbitration award, requests a 1rfa1 ~e riovo but 4oesJ:mtdoes. not obtain a more favorable judgm~nt, sliall in ~dditio11)t> payirlg thefe~s prescribed by the Code of Civil Procedure, pay the attomeysfe~s;.of the other party; . . Pursuant to Califopria PublicContract Code Section20104.6: (i) The City shall pay money as to the portion of the claim which is undisputed, except as· provided in the contract; · (ii) in any suit filed· under Section 20104.4, City shall pay interest on any arpitration award or judgment. 7. Notification Residents, Businesses, Schools, Churches, etc., located on streets that will be irnpacted by construction activities must be notified at least one week in advance (but not more than 4 weeks) of work commencing. Written notification approved by the City Engineer shall include: brief description of work, hours of construction, anticipated start-finish dates, contractor contact information, City of West Covina contact information. Notification can be door hangers. The following departments of the City of West Covina shall be notified by the Contractor before doing any work. West Covina Fire Department -Notify Dispatcher Telephone: (626) 939-8583 West Covina Police Department -Notify Watch Commander Telephone: (626) 939-8556 (If Watch Commander is not available, notify Dispatcher at (626) 939-8500 West Covina Engineering Division-Project Engineer Telephone: (626) 939-8425 West Covina Maintenance Division -Notify Maintenance Operations Manager Telephone: (626) 939-8458 8. Working Restrictions: Holidays, Hours, Noise- Work will not be permitted to take place on the following days without prior written approval from the Director of Public Works: Thanksgiving from the end of the day on the preceding Friday, to the following Monday morning. Christmas & New\ Years from the end of the day on any Friday preceding the 24th of December 2016 to the 2nd of January 2017. Weekends from 5 :OOpm Friday to 8 :OOam Monday Normal working hours shall be an eight-hour day between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Only setup of traffic control devices will be permitted prior to 8:00am, but not earlier than 7:00am. Extended work hours (5:00pm -7:00pm) can be authorized on a day by day basis with prior approval from the City Engineer. Night work requires a special permit with inspection fees and advance approval by the Director of Public Works. 9. Sound Control Requirements -Care shall be taken as to not make excessive noise adjacent to residences before 8:00 a.m. Sound control shall conform to the provisions in Section 7-8.3, "Noise Control", of the Standard Specifications, these Provisions, and the West Covina Municipal Code section 15-95. The. nois.e level from the Contractor's operations, between the hours of 8 :00 p.m. and 7:00 tni'.(requ~es advat1ce ni~tiwork approval), shall not exceed 5 dB above ambientnoise fovel at the propertyline 'Yithin a •distfil]_Ce of five ~Undred (500) feet. This requirement in no way :relieves the Gontractor from · complying with local ordinances regulating noise level. ~ .: ·:. ·\ /.<· .. ,\. ~-·., :. . ' _.: ,: :_· '. ' .., . Said nol~~·1eyelrequiremerits shall apply to all equip111ent on the joh or related to the job, including, but. not limiteq to, trucks, transit mixers or transient equipment that mayor may notbe O\vned.b!.the Contractor. The use of loud so-und signals shall be avoided in favor qf.Jigbt warnings: except those required by safety laws for the protection of personnel. . FuU comp~nsa,ti9n for .conJ?~g t~ . w~,, requii-ellle!ltS of this section shall be considered .. as. inch1ded in. thr price~/f!td for the various contract items of work involyed and no. additional 9ompensatiqg.willbe allowed therefore. 10. Pu,.blic .•. safefy.7AJI,qperatipnswi11.becdµgucted.~q ·as···tO,providemaximum safety for the public. ··.~er~teo11trnct work 111~r .. 5f~atepote11tt~1or.k110\V11haza,rdson·streetsor. roads and to per~9:n.~ traversin~ .· t~~111, \ c01.1tractor · sh,all ;obt~nr: at his. own expense and place whatever si~s,ili~ts, •. harri9ad~s,, .% . other.· s~fety ~~"\'ices ... n~cess¥Y ... to prevent acddtmts,, inJllries, or d~1nages,s?nsisw11t·.withth~City,}Counfyand Sta,ty'Standards. Tllis shall in.elude maintaining accessible routes of trayel when performing sidewalk or. access ranipwork. · 11. Offic~~ !h~nes, and 11:lll~rgencies-Gontractoris asked tom.aintain .~n office within a50 mile radius ofjoh:site. and provide the. office with,phone service during normal working h?u!s ... If".1 tel~phone answe111g ~el'\'ice is utiHzed,. the answering service shall.be capable ofcontading the contractofbyradio or pager. Emerg~n~. c~llj~ut -Regardless of ~e locatloll of tiie,C()n,actor' s office, the contra~tor is required to. pr9vide City with a 24-~our phone number for emergency call.9ut:a~d ~ontactoutsig7.,11ormal working hours~ Coftractor'.s···response to the project site following an·· emergency call,outshalln()t-he:lllore than one hour·.after notification. Failure to comply with; t~is on-call / emergency call out requirement or failure to report to the project site within one-hour after notification may result .~ liquidated damages as stated in Exhibit B. Should the contractor maintain an office beyond• a 50..:mile radius of the job site, the following criteria are required: a) The contractor shall provide the City with the name, address and telephone number of an employee residing within a 50 mile rndius of the job site. This employee will be required to maintain 24-hour phone service with the City. If a telephone answering service is utilized, the employee of the contractor shall be required to respond to the City by radio or pager on a 24-hour basis, and report to the project site within one (1) hour after such notification. b) This employee should be of supervisory or foreman capacity. c) Should this employee of the contractor move out of the 50 mile radius of the job site, a new employee may be substituted upon prior approval of the City. Should the contractor fail to respond as specified by the contract, the contractor shall be liable for any loss and/or cost sustained by the City to correct said emergency in addition to any other damages or remedies. 12. Provisions for Extras a) The contractor is not authorized to initiate new work of any kind to be considered an extra unless a separate estimate is approved by the City before the work is commenced. b) The contractor shall not have the exclusive right to perform extra work. The City Engineer, or his authorized representative, is authorized· to approve the use of any developer, contractor, or City employee to add or delete items. c) Extra work, after completion and approval by the City, shall be made part of the contract for the duration of the agreement and shall be maintained according to Project No. BP-16038 d) Extra work may be required where one of three conditions may occur which include; a written request by the City to add, delete work; a request by the City to perform work as a result of "Acts of God" or traffic accidents; or extra work to be performed by the contractor without approval of the City only when a condition exists wherein it appears there is a danger of injury to persons or damage to property. SECTION 2. MATERIALS 1. State and Standard Specifications -Contractor's attention is directed to Section 4, "Control of Materials," and Part 2, "Construction Materials" of the Standard Specifications and these Provisions. 2. Scope -All materials required to complete the work under this contract shall be furnished by the Contractor. Contractor is required as part of this agreement to furnish all materials to accomplish maintenance in accordance with the foregoing spec,ifications. Contractor is further required to stock high. usage. items for repair, construction of sidewalk or irrigation·systems~ 3. Replacement -The contractor shall be responsible for providing replacement mat.erials. andlabor, including irrigation and plant materials,·,necessary for repair, construction· of sidewalks following vandalism to the work or damage to adjacent properties: 4. Eq11~1/~ The contractor may offer equals and equivalents for materials and products. Thi~. J?rC>cedure shall conform to State. Specifications (Section 6-1.05). Pursuant to C;~l~fornia ,Pu~lic, ~oneact Cqde se.ction 3400, Sllr>m.ission of data substantiating a reque.st for a. substitutionof''an·e~~f11'' itetn shall occur within 35 days after award of contract. Use of Cify.form is required. All costs involved in complying with the requirements of this. paragraph shall be absorbed or incl~1ed i11tb.epri~es paid for.the various contract items of work and no additionc:tl compe11Sationwilhpe allowedtherefore. SECTION 3. DESCRIPTION OF WORK .LI..LIJL.U..L.L iniproV,:ements per.plans ancl specifications; 2. 61def ~ .. w~;k -Order of \Vork shall ~~iorm to. the provisioris in ,Section 6-2 of the "Prosecution o.f the work" ()f the Standard Specificat~ons and these special provisions. 3. Pr:6tectiori'.Of···.~xisting .•. Facw#.es.····:···{\ll.••;e~i~ti11~:'fabilitier•··damaged···.by the contractor during construction· shall be replaced.•immediately,··as·• damage occurs. Replacement materials and work to be performed must be approved by the City. This work shall notpeincluded as a11 extfa payment to the CotJ.tractor~ · 4. :Pers9~el Q11aµriiati~ns, iA!lpersonnelworlcingjn ~rr1ear the project location shall be of good,, char~cter,·,11eat in.· appearan9e, and inrappropriat~:,,lllliforms (including nq111e:J:>adges for.each worker). Appearance and uniforms are subject to the approval of the Contract Officer. 5. Interpretation of Specifications -The Engineering Division, City of West Covina, shall be the interpreting authority of technical specifications for the.Project No. BP- 16038 . 6. Colitracto:r License -The contractor shall hold a California ''A'' License and submit a copy thereof. 7. Responsibility, Coorclina~ion, Meetings· -Contractor shall secure and maintain all required permits and licenses, and pay all fees necessary to legally complete the work of this project. A supervisor who is competent in speaking English and has experience and technical training in paving work shall supervise competent workers. The contractor shall ensure that the City Inspector reviews the construction of wheelchair ramp work prior to the placement of concrete. The contractor shall attend additional meetings if deemed necessary by the City Engineer. 8. Barricades, Signs, Flagging, and Maintaining Traffic -Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," "Portable Delineators" and 7-1.095, "Flagging Costs," of the State Specifications and these Provisions. The first sentence of Section 12-2.02, "Flagging Costs," of the State Specifications is amended to read: "The cost of furnishing all flagmen to provide for passage of public traffic through or adjacent to the work under the provisions in Section 7-1.08, "Public Convenience" and 7-1.09, "Public Safety," will be borne by the contractor." Convenient access to driveways and buildings along the line of work shall be constantly maintained. Driveways shall be closed in such a manner that adequate ingress and egress in the opinion of the City Inspector is maintained at all times. A minimum of one (paved) traffic lane in each direction not less than 12 feet wide shall be kept open for use by the public on all collector and secondary streets. Construction Zone Speed Limit signs shall be placed in all areas where work is taking place. These signs shall be places with such :frequency that drivers entering the construction zones at any point will be advised of the speed restriction. All costs involved in complying with the requirements of this section shall be absorbed in various items of work and no separate payment shall be made therefore. Provisions for control of traffic on all streets under the jurisdiction of the City of West Covina are as noted. Contractor shall make his own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall secure in place, all barricades and delineators that are to remain in place for more than five (5) working days. The Contractor shall maintain all existing official signs, including, but not limited to, directional, warning, advisory, regulatory, and street markers in an erect and functional position at all times during the construction period in either temporary or permanent locations as designated by the City Inspector. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the.City. T~e. gontractorshallcomplywiththeTequir~ments fo.rTraffic Control as outlined in the l~test edition of /'Work treaTrapc··control _ Handbook," pubHshed by Building . News/Inc. with modifications as permitted and/or requested by the City Engineer or Irispector. Class lbarricades shall be teri (10) feetofmore in width; ... .,.·:;.< ·:··.' .. -:_:.: ·c.·.: · _ _.'.·; -~---. Theuse of11vV9rkAr~a.Traffic ConttolHandbook,'' pubHs~e~ by Building News, Irie. does _ not rdieve ~he Contractor of responsibility, for public -safety in that he may surpass these standards, or request modifications as necessary. Th~_-9ontra<?tQr. shagkeepan··constructi()h signs, equipment, trucks,-trailers, etc. free of graffiti at all times. , PaYJJlfnf s~all _ be atthe LU111p Sut11unit price and shall be considered full COIJ1f e,11~ation for PfOJiding· _ all labor~ · ~~t~rials, _ tools, equipment,,incidentals and ot~er. i-~lttted lN8rk as Ji~~ui!t!4~ Shaf\St:~ori,si.1ered as}nclt1q.edin the various items of work in"olved, and no additionaLcoi.nperisationwiH be, allowed. 9. Mobilization Mobiliz~tio~1, s~.all s()nsist. ofpreparatbIT \VOf K'-: and op~~ations. ----It. shctll. include, but notb~ IiI11ite4to, them9velll~nt of per~?:W1el, ~quipme11t, materia,,Js and incidentals to tlw project site necessary for work: ontlfop:roject., ·:c:L. Mobilizati()n .sh~i 4t?tlld~ ~y ·. work ~f \Vll Oh tlir plans; inbluding the removal a~?/orrelC>C{ttion._9f --~~--·-itelll 9f work 1 .shown_··on9?1lstru~ti~n __ d?cmne11ts,which has no cp1.Tesppnding-bid_•·· ttent,for -said. work.\ It shalt.also. include removal_ of vegetation, rempval and/or niodificatio11s to the ~xis,ting ~lanters, walls, fences, gates on private pr?JJ~ft~~s> and . witliin. thee ~ub!ic right of "\Vay. as, shown on the construction documents.,Full co111pensationrdatingtothatvVork; iriclu.dingthe furnishing of labor and materials, and the disposal of materials shall be include~ herein. M9bilizatioff sh~~ls iricludeJproject overb,.ead costs, including 'costs and fees for obtaining construction permits and/ or permit riders as may be required by law, and for obtaining bonds, insurance and :fin.aI?-cing for the entire project prior to beginning work Mobilization shall include compliance with all water quality arid air quality laws; maintaining dust control at all times; furnishing all water.required for the construction work; protection of utilities; trees, fences, -walls, landscaping and other facilities; and the relocations as shown on the plans. TheConttactor is responsible for securingan adequate storage site for equipment and materials. The Contractor shall have on the work site at all times, as his agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, and other related documents. Contractor shall confine his operations and work area to the street right-of-way. No encroachment· into private property will be permitted without the prior written consent of the property owner. Obtaining this consent will be the responsibility and the costs of the Contractor. Material shown on the plans or designated in the Special Provisions which is to be used in the reconstructed work and which has been damaged or destroyed as a result of the Contractor's operations shall be repaired or replaced at the option of the Engineer by the Contractor at the Contractor's sole expense. The Contractor shall provide personnel to keep the construction site m a safe condition at all times, including non-working hours. A Construction Schedule shall be submitted at least five (5) working days prior to commencing work. All revisions shall be completed within three days, after review by the Engineer. Requests for changes in the schedule shall be submitted by the Contractor to the City for approval at least three (3) working days prior to performing any work. Mobilization shall include scheduling of the work in conformance with the traffic control criteria for removals. When a bid item is included in the proposal form for mobilization and subject to the conditions and limitations in the specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work involved, and no additional compensation will be allowed. Payment for Mobilization shall be considered full compensation for obtaining all bonding, insurance, business licenses and permits, as required for entire project, from all related agencies including but not limited to utility companies, private and public agencies. The compensation shall include the compliance with the requirements specified in those licenses and permits; including furnishing a crew to pothole at the direction of the engineer; payment of all required fees; and incidentals necessary to perform all related items of work. 10. Clearing, Grubbing, Removals, Hauling, and Earthwork Clearing and grubbing shall conform to the provisions in Section 300-1, "Clearing and Grubbing." All earthwork shall conform to Section 300, "Earthwork," of the Standard Specifications and these Special Provisions. Work shall include, but not be limited to, daily re,1:11.oval: and disposal of all interfering vegetation, rubbish, brick ~01:k, cement poncrete/asphaltic .co11crete,··· .. aggregate :,base,, rocks,'.and undesirable materi~L .. · This shall include all•·•·saw<cuttlll~, removal ... of asphaltrand .. concrete including natural surface including sub grade preparation and compaction, etc. , W(ien:a'bid·ite111. i~·'·in71µdedin····~he·'.ptoposal. fo1Jl fo.r)3·est .• ~a1.1agem~nt Practice and SldJj~ct . t<:}. tfie .... gonditions ... atld fhllitati011t in·· th.~ spe?ifi~.ations, the. ??~ts Of· work in aclvanc~ of .• ·consMictiof' ogffati?n~i~nd·: t,iqt.·4irectly,. attributably,··.tp,·•·a1.1y .· Specific bid itef'\villib~ii11dudedAn.the,pro~yss estimate ... Whenno.such bid: it~m is provided, payment for.'such costs will be considered to be inclucled in the· otheritems of work. 11. Best Management Practices Per the ... f'ederatcnean:Water·i\.ct,tliF .•. Coriq-ayt()ris requy~cJ t0,l'reve11tf~lease of pollution., ~o .. w~ters .of. tlle lJ1.1it~d S:tat~s,}n re~~rd.~.t9··.this,/rrojest~· Tps, .• project will reqt1ire the Co11tra9tot to implementB~st Jxlanagement Practices (B11P's). T~y.¢oritr~cto.r)~~1r·~ll~:11it.'~AVater.Polltifi(>~.controlJ>l~/ •. C)'VE.CPXtith·•outlines of SPfRjfiP;,~~·~:f to· .. 3.~ ·.~§.~cl:•.·guri1.1g· ... •.'9onN;L1.~tip1} •.. to .\~11~~~{ tll~t ..... seqIB1y11t .•. from storm fU!JOff .• ·a.e~/.S?~~.tp.wti,99-;a,9t.tviti~s· .. dq.es.: .. •J12r.•• ... ,ente~/·.~t9pii·.·.·~r~µis •.. ·so111~··:.·0£.the primary w,<:1ter •• P?lh1ttqf .·•c?11t.rql.rnec1sll{e,S,., .•••. ~11~f pf pated :.for:·tllis. ·project inclt1?e, i;but· are not lifl?it~d .... to, .• c9y~ri118.Au ..•. st()1J1-'1 .•.• 4r~~ .... i111.et~ ..... i.B,t11f. ·groJ •. ~.st.,yic~t,J'. •. !ith,iyYclt~r .permeable f":bri~;·~t1:d'graye11Jc1Ps•pripp.tp .. 11e,~q1t11ing· .. ~1t~·Te,111g0~1··£r.·P~X~g?¥tt~!i~ns; ·.properly fuei'ing; . cin4 .... s1)F1nin8: c111· eguiiµi~1.1t1ve11ic1es.; ... 111aintaiiajn8'.'ran!: c1~We· · .supply of gra.vey~a11~· .. ~.~gs ... on-~an4.JY!ie~/~~f~iatp:ig. ~rt f .9f ... r~r~strrb/ g11t,t~r .iwprovements in······ .. t,11.e, ... fY~Bt .•• o{.,rctiB;,·.··J?t?Pff lt·sont.~itiii?-PC~e111ic~ls• •.reqll~fe4:.:.to .•. ws,t~lLtI1.e. detectable w,a~~·111~ts;.·.pfgP.erly,Jqv~1.e~ •• ·.a11.•'cirtc9tnJ~g···l1l~tetial .• tr11cl(s, ~n4 •..•. <i}l,\.Out·.g;oing debris liaul}ng:ye,picles;c.,::pr,oyiqing,ifre$tto()111\fa9ilities········for,wofkers;,.··and)<fegular. street sw ... ee. P.in .. go· .. f .... th .. e .... ·· w ... ork Area an.c:1.H. aul. Ro .... ute .. s. t.o thesa.tis. :6 .. a. ct. i.on ... ····. o. f the E. n.gi .. n·.· eer. ' . . . . .··.·.·.. . ·. ·,. .. . ' .• ···. .. ' - ~e···requireme11ts .ofall.of,·the ·.foUowing\agencies'shallhe;metand 111aintained and wl:ie,re there is. a conflict betyveen requirements, the most stringent requirement shall govern> .•. < , ......... ·.· ·. /.!: :· .,· .··•··· .·• .··.·.· . \>,> .· .. '"i .1~ .. R.egionalVvater·.Qt,1ality.C~ontrol·Board .. 2.J~ounty,of Los :Ang~lys:Flood Control Stonn WaJer Quality·. The Contractor shallcdnfirm that.· all··· of the ·I3MP's have been adequately. detailed to addresses· hi~ :anticipated··· c?nstroction .·operatio~si. T~e .progosed ,WPCP, shall be subtnitted to the City within five (5) calendar days after the-Notice to Proceed. No work will be allowed to begin without a City accepted WPCP. When a bid itein is included inthe proposal forrnforBest Management Practice and subject to the conditions and limitations in the· specifications, the costs of work in adv~ce of co~struction operations ~d not directly attributable to any specific bid it~m wiH be included in the progress estimate. When 110 such b~d item is provided, payment'for such costs will be considered to be included in the other items of work. 12~ Dust Control Dust control shall conform to the provisions of Subsections 7-8.l and 7-8.2 of the Standard Specifications and these Special Provisions: This work shall consist of applying water or dust palliative, (reducer) or both, for the alleviation or prevention of nuisance dust. The Contractor shall control dust resulting from the Contractor's performance of the work, either inside or outside the right of way. It is understood that the provisions in this section will not prevent the Contractor from applying water or dust palliative for his convenience ifhe so desires. No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, either inside or outside the right of way. Full compensation for such dust control will be considered as included in the prices paid for the various items of work involved. Application of water for the purpose of controlling dust caused by public traffic adjacent to the project shall be considered as part of the Contractor's responsibility and shall be considered as included in the prices paid for the various items of work and no further compensation will be allowed. 13e Limiting Advance Work Prior to the commencement of work, a Pre-construction Meeting will be held. At this meeting, the contractor shall submit to the City for approval his schedule and order of work by locations. For public safety and convenience, the contractor shall not excavate areas more than one day in advance of concrete being placed without prior permission by the City; however, this does not include tree removals. Clean-up of an area shall follow placement of concrete by no more than one week including backfill and grade blending, debris removal and repair, construction of sidewalk and any damage caused by construction. If the contractor does not adhere to these provisions, the City will stop all advance work until the contractor can catch up with the installation and clean-up work. EXHIBIT "B" SCHEDULE OF PERFORMANCE & LIQUIDATED DAMAGES Project No. BP-16038 BEGINNING OF WORK, TIME OF COMPLETION 1. Attention is directed to the provisions of Section 6-1.2 "COMMENCEMENT OF THE WORK", section 6-7, "Time of Completion," and Section 6-9, "Liquidated Damages", of the Standard Specifications, and these Provisions. 2. The Contractor shall begin work within ten (10) working days after receiving the "Notice to Proceed". 3. The Contractor shall diligently prosecute the work to completion before the expiration of Ninety (90) working days after the "start of work on the contract". 4. The Contractor and its securities will pay the sum of five hundred dollars ($500) as liquidated damages for each working day of delay in the performance of the work in this agreement and as shown on the plans. EXHIBIT "C" SOLID WASTE REPORTING SOLID WASTE REPORTING Pursuant to the. California Iritegratecl~Sdlic[ Waste 1vlariagement Act of 1989, the City is required to report the amount of solid wast~ generated within the City and the disposal of that waste with the ultim~te requi~~4 ~oalb,~ill~ a.r~qus~o:n of atle~st ?9'.Yo. in the ~ount of solid wastebeing disp9sed of in landfills; .To p~m1it the City to comply with.this State law, the contractor is.required to complete the Solid Wa~te Report form, a copy of which is inc1;1ded.inthes:.~.~pecia1 provisions .. 'f1ie.r~P.°1 incl~~es.as~~ryofthe solid waste gener~tedby the proJ~~t,·~:.su~aryof soli<-1.tastedisRosed of atcl~ss·III)an.~fills and a sull1lllary .. of solid·wast~.·.4i0e~ed···fro111···dfapo~al. tlfrouglrrecyclin~.ancire~use. The contractor.may .use a seff~gerierated report,format that includes all' of the information included on the City forin. '_: ·::.."·.": .. <··: .... :. :··. ,. '.·.·. : ; ... _:._:' ' : ... ·.'.:· .' ~. ;· .. ·'. :·/·' The report s~an hetiied "7ith.the City .after proje,~t compleH()ffan.cfprior't8final ·payment. If the wojept tJ1}1e sg~11 i11cl~<l9s ~?re th~11 .. ore pale111~r )'e~I, . a separate report is required· fm.th~. :s'6Fd ~~ste ~.::~~fe·g~1~~~'%~year· ..... A r~ROrt' .f~r ... ·cJ/C~~eil~~· .. ?ear' that does not coincide··Wiili 'project completiott shall-"l:>tinlediwith the City ollor bef()te January 31. , ... · ... :· .: · ... ·. . .... ·: : ·. :.'..···: . ·.· .. · ... ·.: ... :. ·.:·.·.-. .. ' Supp6~~ df JJ~t~f ~lJ~ su1J)!11ttf!ilW}ttlf~[~ort/sJkI1 iµcl~~{f e~hiefOJ>ies of weig1\.tic]{ets,: .. receipts,•·;:o;: .. 4txoicesc•tnat.•specw9·~111·.i~~gtify H1r,j.~Jr-:sit~ .Jg9ati~n· that generated the wast~orn~aterial.s .. Ifwaterialsaretak~n to ~.loc~fiorr"111er~\yeigh tickets receipts~ or invoices are not available, the contractor shall provide the documentation on its own company l~tterhead. The contractor is ericouraged to divert solid waste from disposal at landfills through recycling and re-use when possible while maintaining compliance with all other contract specifications and special provisions. Material ASPHALT CONCRETE DIRT GREEN WASTE METAL OTHER SEGREGATED MA TERIALS{Describe) ROCKS WOOD MIXED WASTE OTHER CONSTRUCTION OR DEMOLITION WASTE TOTAL Name of Facility/Site Where Disposal Aggregate Taken Tons Tons Alter- native landfill Tons : s Rec11cled or Reused Engineer Compost ed Fill Tons Tons Mulch Tons .· .J . ····· <···· ----+----------~-----!---!-------1---·-__l __ -1--~ , 1coMPANYNAME: f l loATE OF REPORT:! i c=~';-~;,;-~~~~~~~~;;;:;l;~;;---1---1------1--i : -.. ---i r ---·--····· .................... -·-·············-----·---· ... -.............. _ ............ _,, •.•.•• _, ___ ............ ·., ...................................... , ... -•.•. ---·-··-···-·······--·-·"· ..................... _,,_,_, ............ . EXHIBIT "D" PLANS & TECHNINAL SPECIFICATIONS AVAILABLE ON FILE IN THE ENGINEERING DEPARTMENT EXHIBIT "E" PREY AILING WAGES Federal Labor Standards Provisions 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be U.S. Department of Housing and Urban Development, 9JHJpdds~~P.tMPP~ specified for each Applicability The Project or Program to which the construction work covered by this contract pertains is · being. assisted by·. gif ·. United States ofAnlerica ~11d thefollowingFederal Labor Sta11dards Provisions are inclµded in this Contract pursuant to the provisions applicable to such Federal assistance; A. 1. (i) lVIiwmu~ 'V~ges. All}apo~ers and mechat1i9s etnpioyed. or working upon the site of the w,or¥ ~iH be. ~fid un.con~tionally and n()t less ___ o~fll th:at1, once a 'Yeek, __ and without··. s~bse~uen.t .1eduction .. or . rebate on any accollllt c except s119~P~ro11 ~e<luctions as are pel11Jitted byre~h1tio~sissµeclby.the Secrefary of LalJor _ tmd.e:r .the Copela~d .Act (29 C):i'l{Part3),th~ fuil ~Ollllt ()f \Vages and .. · b()na • ..• fi~e fringe b9nyfits) (or_ _ 9:~s~ equivalen.ts tliereof) dt1~ at time o{l)ayµient computed •. ·. at .. rates .. not ·-·les_s\t~an .. those contain.ed. in. t~e. \Vage • def.e~~t~?n ()f t~e Secretary __ ofI~.abor_ww¢,J.f.~~:cl~~bA~<lh.erefq and m_ade a. p~J:t h~r.eof, reg~r.dless .of any contractual relationship which inay be alleged_ to exist._ betw'ee11. the . contr~ctor and such laborers _and mechanics.c()ntributions made. or . _costs. reasonably antipipated _ for bona .. fide_ frin~e benefits under Section l(b )(2). of the Davis-Bacon Ayt on ?ehalf of laborers. or mechanics are considered wages pafri to .s11c~ J~l:J()rers ()r mechanics,. s11"bj_e¢t to the provisions of 29 CFR 5.5(a)(l)(1v); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly)· under plans, funds, or programs, . which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage detemrination for the classi- fication of work actually performed, without regard to skill, except as provided in 29 CFR classification for the time actually worked therein: Provided, That the employer's payroll· records accurately set fo~ the t~e spent~ each classification in which ':or~ 1s perfotgied. The _ wage determmat10n (including any additional classification and wage · fates conformed under 29 CFR 5.5{a)(l)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the wo:rk in a prominent and accessible, place where it can be easily seen by the workers. (ii).(a) f\nydass oflaborersor mech~c~ ~lric~ is: not Hsted in We wage determmation . andwlii.cl1 is t() .Pe einpl?yed, under the contract shall be classified in conformance · with thewagfdetei§ination. HUD shall approv~._a11 c1dditio~al.·9las~ification and w~ge rat~a1l1fring~ ~enefitstherefor only when.t~eJ9gow~g ~1teri,tliave been met: (1) 1:lie, jV()f,~ tob~ gerroITI1ed b.Y. the classifitation requested is not performed by a classificatfon in. the wage determination; ~ui1 '·1: • / .• .y!:' , , << ,·_··_ •. _.. . .. (2) 'f~~. cMssificationis utmzed in the area bythe construction industry; and (3) The proposed wage rate, including any bona fid,e frin~e benefits, bears a reasonable relationship tc, the wage rates contained in the: wage det~rmination. (b) If the contracto,r and the laborers and mec,hanic;sto be employed in the classification (if kn.own), or their reptesenfatives, and HUD ot its designee agree on the classification and wage rat~ (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under 0MB control number 12150140.) ( c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under 0MB Control Number 12150140.) ( d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(ii)(b) or (c) of this para- graph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or· program. (Approved by the Office of Management and Budget under 0MB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the De- partment of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay la- borers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds · until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social ;security number of each such worker,· his.· or ~efcorrect.dassific~tioh, hourlyr rates of: i.vages paid·· (including rates ofcontributions or costs anticipate4 for bo11a fide; :&iif ge benefits · or cash equiyalents thereof. of the "types desc1bed. iI1 .· Section l(b)(2)(13)-:of the· Davis-bacon ,Act), daµy and weekly· ... ·number of hours> worked, g~ductip~~···.:·~ade ..... ~d .. · •... acttt~l,wage~ .. p~it:J. Whene~~:rthe. S,ecret~ of Lal:>or has.fCJ1+11d under39 .crR •. ?:$,(~)(l)(iv).,that. tfa~ ... wages of any .. lab?r.er Qr. TI1e99arlic ·. incl"tlq~ ;tµe cqnount.; of any. cqsts reasonably an~icipated i.n, pr~rvi4¥i ! -~eiiR*t~. '#4.~t ·· ... a.• ..•. • 11+<111 · .•. or prograJ:11,~e.sc~qed 41.,s~.cti011.1(1:>)(~2~)· .... of theDavi~~}1'1cq~iA.ct, tp.e c9Atmctqr sli~Il maintain, reb.ordS/ which· show' th.at .. the ' ;. . .,.·. ,.··, .. : .. ·· .............. , ...... "·· 'f .,,.,.,.,.' comrriftm~#f, .• t9 :Rr?:TI:~e.::,s1194:··· JJetjefits ..•.•• is .• enfor9~~p!e': •. t~~t;:tli~ :fleri;qr ... PI()~~.}s fina13:9 i~nx .. f,Y~~?IlS~Ble,_ ••. '111,4 ,:tpf t, tli~ .. ··_p1a11 __ ·qr progr~~.-,H:!~•.:_bee~: •... 92~H~.9~t~q:ip..:1Vrttm,g to the.\la.\\g;em; ?I ip,e~%~9s .<:1.ff ectec.l~. ~1 recorc1i, .• f 1¥sp.i.·~119~,.!Rf .. _92.s.t_s_ --~ptictg~tyg,_or tli~······· a~!}1'11.::Cc,~t. iJJ.s~~4\ D} ,l)frvid~~\-•SlJ91J. beI1y+\t.~;;··.·,_s911t[~f!0.1i.~~19~g,1~PPff1¥cy~_ or trairl~e~s UI1cl~{-,_ appf9J~q• •... P{9~~-tfn~!l ~aigt~in:.'M~~Il .~Ii<lt11s~ Bt,t1ie .. E~-~~t~tio11 0{_'1~Pr~11}i5~~~P .. JJPmf~S·~1,\9,~tf~tig~tio11 of .• tr~ef ·J?wgr1ms,. •· t?:e•cregi~tf~tip~ ••. &ftp.f appre11tfo•~~_,.·and-.• tr~~yys,·,cltlc1.·_·,the,-.. ~~tios:._•·ijgq wage . ·. rates prescribid in the ' . appliciabl~ progr~~-· .. (App[9)t~<ls· .. 9~ tli~ .. Qffice •.•••• :qf Ma11ag;~pl~µt_, ... a!l#,>: 13,p.qget •.•.. · µµd,er,· .. ,.•• 9~ Contrpl ·Numbers ,,1215,,:-0140 and ... 1215- 0017.) (ii)( a);;The:contr'1ctor s11alt,subririt we,~kly for. ea~h '\\'eek· in ~hich~y con~a~t vv9rk is performed a copy ofallpayrolls:to-ffiJD or its designee if tlle ~~~11~y is a partyto _the contract; but ifthe:agencyjs •not such a party, the contractor will submit tlie payrolls to the applicant sponsor, or owner, a.s the case may be, for transmission to HUD or its designee. ]1it}payr9lls st1bmitt~c1 *~p set out afcurately · andfQ!llple,t~ly all oftlie inforrn,.at_ion r~quited to bymaintained under 29 CF!t 5.5(a)_(3)(i). This wf9J:1I1:ati9n may be submitted in anyfopn. d~si:r.yd~ Qptional Form 'WH-347 is ava~ctble~orthis purpose and :tpay be purchased.from the Superintendent of Documents (Federal StockNmnber 029""005-00014-1), U.S. Gov- ernment Printing Office,:Wa.shington, DC 20402. The· prime contractor is responsible for the submission·of copies of payrolls by all subcontractors. (Approved by the Office of Mana~~Inenf an~ Budgettmder 0MB Control~utr1ber 1215-0~49.) (b) Eac~ payrpll sub~tted shall be a.9companiedby a"State1P:ent of Compliance,?signedby the contractor or subco11tra9t.?r,orJ¥s ?\her agentwho pays Or Sllpervis_~S t1:e:pct~~I1!.:0fthepersons emplo)'ed µnger the contract artd shall certify,the. following: (1) .'fh~t t.lie pa)'follf odlic1payi-oll period conta~ tlle inforrnationr~q~ed to be m~int~iile4undet 29CF:Il:?·S(a)(3)(i) and that such information is· correct and colfiplde_; •. ·:····· .... ·:.····· ':._.' (2).Tliate~fb. faborffcp~n1echanic (including e~ch . hylper, appre1;1tice; . and trainee) ernplo)'~-~-011)~~ co11tJ:~(?L,dufing the payroll pert?thas<p~en·~~~d,.t}~e-full-weekly wages eame~< wit.llp11.t,· I~b,f te,.• eitb.er directly or ind~ectlY(;?A4tliat*<) dfq11ctions have b~e~made>eitlier:ditectly'.or indirectly from the full -· >1. ·;. vr~ges .·. earnea, i, 6th§"'. than•·.· permissible ded~ctions ~ssetfprthi1129.CFR Part 3; (3) That each laborer or mechanic has been paid ngt _ le~s thatj the applicable wage rates and fringe benefits or cash equivalents for the· classificatio:tL . of work performed, as specifieq ... ·•·· in .··. . _me ; . applicable wage dyterminatf on mcorporated into the contract. (c);!he week,J.y sup:rnission of a properly et¢G1+teq .. _·_.· c;~rj:ifi9~tio1:1 .. set . forth . on tlie reverse side ofOptional Form WH-347 shall satisfy the requirement forsub:rnission of the "Statement of . Compliance" requited by subparagraph j\.3.(ii)(bt, (.dJ Jhe fatsificat!orf .of any of the above certifications may subject the contractor or sub6onti-actor to .. · ... civil or criminal prose9ution,undei: _Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) _.The contractor. or subcontractor shall make the records requited under subparagraph A.3 .(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to. work at less than the predetennined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates ( expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the j oumeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable ap- prentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training A~strati()~; • Everyjrainey mus( by pai4 at. noLJess fh~11.;the•r~te specifie<:l in:the approved program for the trainee's· IeveLof pr9gress, •. · expressed.:.fs·• a· percef\t,~ge/ofit~e joume~an ' ~ourlr .r,ate .•••. specified>~ the applicaW~\ wa~~;:·det,trnrinatioiL:·.·••· Trainees shall. lie.: paid. fri11~r l.wnefits ..• in. · .. acbor1~ce with.the provisio~s otthetrainee pro~a1J'.l .. If the tr~inee>progtam, does ,not . me11tion fringe benefits,.traiilee~· sha11 ~e paitlWe ft!µ amount or~~~e.1J7~e:fits liste~on t~e "'~~e deterrninatioµ ... ··~~ss .. ·· .. th5, .· 1c1miJiistrator:i·?f the Wage at}1Roiiit>~visi9JJ.' 4et.efIIll11e.gJe~t there .. ·· ..... is : ; 'an . ' ' app~e~ticeslii~ ' > ·tro·gr~1J'.l a~sociatet·\ "7ith?.··,··•·•.·•.·the,rc<,co1Te8:J?011qiti~ joill11~YIR~11 ·"}1~ge.:i\.rate.,x9e, i.•the.)>·w.a~~i. deterrnin~tiop:.•':';l#c~ .•. ·provi4es·'··for·····~ess .•.•. ·w¥-· full.•·· .~~~···••~·ene~ts ••..•.•.• f9r .. ·•.:appre11~ice.ii.··).;:~Y emplb¥f5'(~ste~ · ·91.t;,we• ,p.~roll· .. ·.at·· .·a····· trtp¢e rci~e.·. ~Bq.•,••is:,••!1?f.•t~gi~tere~:··~d•··pc1f1i?iPct t.#1¥ in ····.·.a,r<tr~~g,.;;·'.P18?-ua11Broy~4ii oy::;.t~e EJ:11pf ~),71Ilen.t,;:;,~n~.·•.tT~c1~~~rif ~~1!~Hon, s~~11·····s~·rtiig .• ·· . .119t······.1ess• .. •···!h~:·tkt5::a.PRli?~Bl~ wage· ... t~te ... ·~~. the;·· .. \Va~.~· .... tlete~~tiorr .. .fcm.w~: work •. ~c~all!:· .. perf9~~4.rit1/ .adgitig~;}•f11X traine.~·''f erf'of1J1i~g····r'70rk'•?n> .t1ie.··Jo9.·rsit,e· ... irl exces~;./oft.t~e .. ·· .• ra.ti?·····ge~tteq· ... • UJ?:<l,e,t: •. the remster~~···Pf?~a.n1' s,ha11i11:>e, paid: p81r.1es~ than ,the'applicabl~ ·•.wa.ge rntei. on •. 'th~·· .. \Vage dete~a.t,t~11 •• : ...• f()~ ..... ·}4e> w'ork···. ··,a.~tllallr perfoJ;JJ:lF~Le .... \.Jn· .. • t1:i¢,'~yen.t•·· .. the· .··.F:fhpl.~rnw1t ai.id, ····%rc.illll11~ • .•... ·.~~mwi.str~t~on .. ·.·• .·.•·"'i~~$a."'s ap:pr9\ral\ ()fr;:·.(!. · .. }f~g·)P~Q¥1"an;I;·}¥e<'.SOJJ."- tract01.-... wm,n.o •lop.ger1Je ::p~rtnitte~t?,utyi~e traine~~ :) .· ~~}. less " tlian/,f:, the ' · .. applicable predeteriajnecl ••. raJeifor th~,worlc:p~rform~d until an acceptable program is approved: · (iii) Equal .·employment• ·oppo'rturiify( The utilizatio:ri of apprentices, trainees and journe1rnenl.lllder2~CFR.Part5.shall be in conformity ,withe. .. the. ··.equal< . employment opportunity · requirements . or'. Executive OrderJ 1246, as runended, and 29 CFR Part 30~ s~ . CoJJip~~hce with Copela~d Act requirements~ The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontf~ctof.win .. · insert §i~n~·~1;1bcontracts the ,claus~~ 'containe1 in subpara~aphs 1 throu~ 1\qf thi~: p~r~~a~~ A and, such oth~r d~us~s ~s :8:tJl?.()r ~t§ designee may by ~pprop1at~}11~trufti9p,.~ re~'l!~erand a copy o.f th~ apglfo~~le Pfefailing vyage decision, ang. ~lso,:fda~Sf. ~equil-ing:t~~···· subcontractors to.include these clauses in . a11tldtFr .. tier sµbcontfacts;}'he.prime contractor ~hall ~e r~spon~HJJe for the COillfliaIICf }?X~:1:r.~111J9o~trf9t9.f. or lower tierst1?8911tr~fi9{1Nit~,all the contract 9I,~p.ses:.¥.1)W~:.P~f~!P~·/ ... :• 7.~ ••...... to11tr~ft•.te~Ifli~atio11·;:·.•.·4~birlllent. A breach of the contract clauses in 29 CFR 5.5 may ?e .. groun4~ !9fte,~,tti?11 pf.~he con- tract~1f()f dep~ynlJts·· a f-~ntractor and a subcontra9tor'as provided in29 .CPR 5 .12. ~}t¢~inyia¥t~.;th: .. f''~fj.~¢on·. and R~!~te*·~ft·.~.~.919~.em~.~t~ .. ·•J\1~.~!ings and ~~~ry~~tctti,§n~'pn~epa-vis:W~con and R.~l~t~q(_t-\9t~ :.S?f t~~~g 1n3~'. 9fR. Parts. 1, 3, a11~5 ~e h~r¢p.i}ricorp9r~ted by reference in tin$ do±itfitat >? · · · · · · ;; ,, i?····~is11i!.;~··f~:~c~t~#l:J•~~<>f.standards. bisputesansingout oftb.b'fabor standards Pt2yi~10#(9fJWi£()tltticf s~iW not be sub- ject J? · the 'g9,neral 4isp11tescla11se of this C()11ff~%r~}Wh dj.~putes~~all b,,e resolved in .~5cor1~se.·•."Y.i}~ •. }!i,~.,l?!'.2~.~d11res o.f.tl}e.De~ p~II1~pt otf~?o~ ~.e,rJ?11~ in 29 CPR f art_s ?,.p, .~R4.1·]:?isp:tit~fti1~. ~h~-.. meaning of tlris ¢!'1}1~e inglriqe cli~t\r,tte~b~t\Veen the contra.ct()r .f Or anr .. ?fits. Sllbcontractors) and ~ ••. ~rJfi~e,,~igqye,.·t~eJ{S·Repartment .of 1ct1??[, or the· einploy~e~i ort4dr repie- se:fita:tives. fo C~rtifJ<:~~o~~r:~ligibility. By entering info this d:,ntract the contractor certifies that neitper.#.(ndrfie,.9yshefn8t.~y person or firm who has an interest in the contractor's frr#i is-~p~rso~ Qr firm ineligible to be awar,ded Goyenm1ent contracts, by virtue of Seftion 3(a) of the Davis-Baccm Act or 29 CFR 5J2(a)(1Jorto be awarded HUD contracts o.r partkipate in HUD programs pursuant tQ 24 CFR Part 24. (ii) No part of· this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the · U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration ..... makes, utters or publishes any statement knowing the same to be false ..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be dis- charged or in any other manner discriminated against by the Contractor or any subcontractor because · such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such work- week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth m subparagraph (2) of this paragraph. ( 4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through ( 4) of this paragraph and also a clause requiring the subcontractors.to include these clauses in any lower tier subcontracts.: The prime contractor shall be responsible for · compliance by· any ·subcdntractor. or·.fo'fer tier su9c.ontractor with th~ clauses set forth . in subparagraphs (1) tbrqugh (4) of this paragp:1ph.7 • < , < ... · >< , . Co H~'Itll 3~ds,f~ty. The prpvisi~ns of this P8{~graph C. are applical,le olll)', ~here the am9lllltof the prime contract exceeds $100,000. (1) No lal,ofer or rn.ecFanicshallbe. ~equire1. to: ';':Ork in; ~urr?undings. or under working ~0111ition~ which are upsctnitary, hazartl,01.1s, 9~clan~ero~s. t9:¥s healtl1a11d safety,c1s .. · .. tl~t~eclil:h1er,·q.pnstruction safety. and healtlr standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulationsissued by the Secretary of Labor pursuanttq Title29Pa.rt 1926 and failure to complymay result in imposition of sanctiotiipursuant to the Gontract Work II,91,1rs .~~ Safety Stc3.lldard~ A,ct, 40 USC 370letseq. (?)}:he Cop.tractor shall include the proyisi9ns of, 1ws p~agrc1ph in every sub9ont:ra9t s9 that sucli provisions will be bin4i9g on:~c1ch §H,Pc.q11trc19tor~ The Contractor shall fake such action with re~p~cttQ1flt.1X,#u§go11frnct a§ thct Secretary of.:Eio~sirg:ancl lJrban;p~velopment or the Seci,-~ru:y 9fL~JJ?r sh~ll. direct. as a means of enfQ:rc~g.~:uch.provisiq11s. General Decision Number: CAl 70025 02/17/2017 CA25 Superseded General Decision Number: CA20160025 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Ventura County in California. BUILDING, DREDGING ( does not incldue hopper dredge work), HEAVY ( does not include water well drilling), AND HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10 .20 for calendar year 201 7 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded ( and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The BO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/20/2017 2 01/27/2017 3 02/17/2017 ASBE0005-002 07/04/2016 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 38.37 20.13 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ........................... $ 26.15 17.31 ASBEOOOS-004 07/04/2016 Rates Fringes Asbestos Removal· worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mech~cal systetnS, wh~ther they contain asbestos or not) .... $ 18.38 10.82 BOIL0092-003 10/01/2012 Rates Rates 1:· :, ·.· ··:·,. BRICKLAYER; M.ARBLE SETTEi.~:l~ ... $3~L67 *The wage.~~ale for prevailingwage projects performed.in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, N~e~les and 1-15 corrido.r (I3arstowto th~N"evada State Line) vVill b.e ThreeDollars ($3 .00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2016 Rates Fringes MARBLE FINISHER .................. $ 29 .20 TILE FINISHER. ................... $ 24.53 TILE LAYER. ...................... $ 35.89 BRCAOO 18-010 09/01/2016 Rates Fringes 12.93 11.08 9.08 TERRAZZO FINISHER. ............... $ 28.53 12.27 TERRAZZO WORKER/SETTER. .......... $ 35.57 13.14 CARP0409-001 07/01/2016 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ................... $ 39.83 (2) Millwright... ........... $ 40 .90 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................ $ 40.53 (4) Pneumatic Nailer, Power Stapler ............... $ 40.09 (5) Sawfiler ............... $ 39.83 ( 6) Scaffold Builder ....... $ 31.60 (7) Table Power Saw Operator .................... $ 40.93 17.03 17.03 17.03 17.03 17.03 17.03 17.03 F001NOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet... .................. $ 663.68 (2) Standby ................. $ 331.84 (3) Tender.. ................ $ 323.84 (4) Assistant Tender ........ $ 299.84 Amounts in "Rates' column are per day CARP0409-005 07/01/2015 9.82 9.82 9.82 9.82 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 40.40 15.03 STOCKER/SCRAPPER. ........... $ 10.00 7.17 CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer ...... $ 17.00 7.41 ELEC0952-00112/26/2016 Rates Fringes Electricians: (All work within 32 road miles from the nearest base point) Cable Splicer ............... $ 45.56 22.30 Electrician Transportatie>Il Systems Technician Jounieym~ WiteJ?afr ·~·Street Lighting & 'Tra{~csignals.u.n·:··$ 41.42 22.11 Transportation Systems Technician -Street Lighting&Traffic Signals .. $ 30.46 20.90 ALL woRK MoRE THAN 32 RoAD'.MILEs;FR.d1viNEAREsTBAsE POINT: Add .$5.00 to tb.e basic.hourly rat~. BA_~E PQJNTS: •. thejnain. Post Office in the cities of Camarillo, Oak Yie\y; Oxnard, Santa Paula and Ventura. ELEC0952-003 12/26/2016 COMMUNICATIONS AND SYSTEMS WORK Rates Communications System Installer ................... $-31.70 Technician .................. $ 30.10 SCOPE OF WORK: Fringes 13.53 12.78 Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/ or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEV0018-001 01/01/2017 Rates Fringes ELEVATOR MECHANIC ................ $ 52.21 31.585 FOOTNOTE: PAID VA CATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2016 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 .................... $ 39.95 GROUP 2 .................... $ 40. 73 GROUP 3 .................... $ 41.02 GROUP 4 .................... $ 42.51 GROUP 5 .................... $ 41.86 GROUP 6 .................... $ 41.83 GROUP 8 .................... $ 42.84 GROUP 9 .................... $ 42.19 GROUP 10 .................... $ 42.96 GROUP 11 .................... $ 42.31 GROUP 12 .................... $ 43.13 GROUP 13 .................... $ 43.23 GROUP 14 .................... $ 43.26 GROUP 15 .................... $ 43.34 GROUP 16 .................... $ 43.46 GROUP 17 .................... $ 43.63 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 GROUP 18 .................... $ 43.73 GROUP 19 .................... $ 43.84 GROUP 20 .................... $ 43.96 GROUP 21 .................... $44.13 GROUP 22 .................... $ 44.23 GROUP 23 ............ ~ ....... $ 44.34 GROUP 24 .................... $ 44A6 GROUP 25 .................... $ 44.63 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GR..OUP 1 .................... $ 43.20 GROUP 2 .................... $ 43.98 GROUP 3 .................... $44.27 GROUP 4 .................... $ 44.41 GROUP 5 ............ " ....... $ 44.63 GROUP 6;~ .................. $ 44. 74 GR()YJ? ? ... ; .. , ............ ~$ 44.~6 GROUP 8 .................... $ 45.03 GR.OyP 9 ............. ; ...... $ 45.~0 GROUP 10 .................... $ 46.20 GROUP 11 .................... $ 47 20 GROlJP 12_ .................... $48.2_0 GR()UJ> J,3.~ ............. ,;;·f4~}0 OPEl.li\':fOR.: Power Equipment (Tunn~l Work) -· • GROUP L .................. $ 41.80 GROUP 2 .................... $ 42.58 GROUP 3.; .................. $ 42.87 GROUP 4.~ .... ,, ............ $ 43.01 GROUP 5 .................... $ 43.23 GROUP 6.~ .................. $ 43.34 GROUP-7 .............. ~ ..... $ 43.46 PREMIUM PAY: 23.35 23.35 · 23d5 2335:{- 23.35 23.35 23.35 23.35 22.15 22.15 22.15 22J5 22.15 22.15 22.15 ,22i15 22.15 22.15 22d5. 22:15 22J5-- 23.35 23.35 23.35 23.35 23.35 23.35 23.35 $3.75per hou'.rshall be paid on all Power EquipmentOperator work on the followng Military Bases: China Lake Naval Reserve;V andenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp. Logistics Base Y ermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dumjack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types -Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator ( compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator ( canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman ( oilfield type); Drilling machine operator, bucket or auger types (Cal weld 100 bucket or similar types -Watson 1000 auger or similar types -Texoma 330, 500 or 600 auger or similar types -drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mecha.:nical berm, curb or gutter( concrete or asphalt); Me.chanical finisher operator ( concrete, Clary-Johnscm-BidweU or similar); Micro tunnelsystem · (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine.operator; RoUer.operator(asphalt or finish), rubber-tiredeaJihliloving.equipmen,t (s,ingle · engine, upto and including 25 yds. struc~)fSf}f-pr?pelle4 tar pipelining machine operator; Skiploader·og¢r~torl . ( crawlerand whee,l type, over 3/4 yd;. andupto and including 1-1/2 yds.); Slipform pum? OR~rator{p?wer driven ~ydraulic lifting 4evice for concr~teJ9Tn1S ); Tractor operatrn;~bulldo~er, t~pel"-S~raper (single engine, :, up to 100 h. p. flywheyl a11d similar typ,es, up to and.· . ' . including D-5 and s,imilar 1?'Pes); Tugger~oist ()per,ator (1 drum);lJltra higli pre~~llre vVaterjet ?Y~~gtool system operator; Vacuumblastingmachine·operator .. GR.dUP 8: Asphalt Of ~onpr~e spr~Jihi o~~!()t (tainpillg ()f finishing!; Asphal\paving machin~ operato:r, ~,cll"be:rGree,ne ... or simil~r type); Asg1:talt-rubber,dis!rib11ti?noperat()r;. · .. · Backh()e operat()r (~p t? and inc.lu~ing ?f 1Y4·)~·.s~~Uford, · Case. or simHar;(~~st-in-RlaCetJipelaypig,lllac11irie,:, .. <.····· ;;': ope:rc1tor; .. · ~Olllb~atiO~l IIrixer 'W4 COR1-PffS,S,()f\.~m~rator1(mu,iite work);· C01r1papt()r op~rator ( self-pr?p~lle~); .fen1pr'?!e.,~f er : • oper~tor. (IJavin~); Crnshin~ plant op~rat9ft!)1il1Do9t,9:r;. ·· Drillin& tt1achili.e. operatot, Bu~~et or aug~rtypes (S1c1Jvv1eld 150 buc;ket or similar ~~s ~ W~tson 1?90, ~Q0.9}50Qa,1:1~er or similar types -Texogia 700,. 800 au¥erpr, ~~1:.r !YPe~i-' .. drilling depth of 60' maximum); Elevating graderoperatot; Grade che7ker;. GradaU operator; Gr()uting n1c1cliine OR~t,~or; Heavy-dtltyrep~~11;· Heavy equipvient{obotf c,sopera.t9r; KalatIJ.a'.loo balli~te r~gulafor or similar ~.e;:,~9~~~ f ~lt loader and similar t)'Pe; he Toum~~u bl9hc.9n1p~ct9ri.Or, similar type; Loader operator (Athey, EucHd;:;Sifrrcl: at1d similar types); Mo bark Chipper or similar; Ozzie.p::i~der or similar types; :P.G~ _slot~aw; Pn,elllllafic. COJJccr.ete pJa.cing machine operator (Hackley-PressweHor similar type); Pumpcrete gun operator; Rock Drill or si:rmlarlypes; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including·.so cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-. propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator ( crawler and wheel type over J "'.' 1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 -100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator ( over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment ( over 6 ft depth capacity): Ultra high pressure waterj et cutting tool system mechanic; Water pull ( compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator ( diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator ( crawler and wheel type over 6-1/2 yds.); Woods mixer operator(and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman -Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types -Watson, auger 6000 or similar types -Hughes Super Duty, auger 200 or similar types -drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 7 50 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self-loading scraper operator (paddle-wheel-auger type self-loading -two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds.·struck) GROUP 14: Canal lin~r ?pen1tor; Canalt~eroperator;, Remote-control earth-moving equipment 6p~rat9r ( operating a seco11d pfoce of equipment:$1.00 perhoufadditiorial); Wheel excavator operator (over 750 cu. yds}: '· ,.· ·::_.:· ·. , GROUP 15: Rubber-tired earth-mcrving eqriipni~iiLoperator; operating equipment with push-pull syste111 (siiigle engine, Caterpillar, Euclid, Athey Wagon and simihrr types "\mth any and all atta~hments ovey25 yds. ~11d up to and including 50 yds. struck); Rubb~r-tiredea,rth-moving equipl1.le:t1t operator, operating equipment withpush-pull systelll (multiple engine-up·to and including 25 yds~, struck) ... , .--~:· .. ' .. i' '.: / .'.. ·-; \.. . .· ·.,_ .. :' GROlJP 16: Rubber-tireq~arth-~oving.eq¥:iPtpfI1t9perc1tor~ operating e9uip~ent'N~th p11s~-pull.syst~~cswgi~;'en~~"·. over. sq .. yds. ~truck); ~iilJ~er-tifed .. earth-rr19virig eq11ipII1ent operator, op~rating ~quipmem wit11push-PJn. syst~p1·.; \,' - (multiple en&e, E,:uclid,.faterpillar and.siniiJ~r9yer25' yds. and up to 50 yds. ~truck} -. . . GROYJ?.17:.1l#bhe{tir~cl eayth-mC>vn1~~wip#:i~nt'.()ptf ~t?1\·.···-·,, open1~ing··.eq11ipm~11t• w,_ith .. IJ11s,~-p11ll syste~ .• (111~lJiRtY,:~11giµ~; Eucli~, f~t~l])mara11d silnilat",Qver 59 .. c11:::yq~<stfl}f~J;J···· .. Tanclem tractor op~rator (op~rating cravylertyp~. trac.tot~. in _ tandem ~ Quad 9 andSimilar type) , -· .· -.· . :. ,'. ': ·~ :.· .:.<. .: .. :-.·. ·' GROUP 18: ~ubb~r-tired earth-1Ilovingequipnient()perat6r;i: operating in tande,m (scrapers, belly drunJJs andsimilar typesin an)' combination, eJCchI~ing compacti()n units -' single engine, up to and including 75 yds. struck) ·,·,,:._,_r .. :.:.·.·.\-/\;_·.·i/··:., ···-.:_:: :''(;::·,(::· .. · .·! GROU1? 19: .RoteXC()I]_Crete belr?perat()r(9rs.imilartypes); Rubber-tired earth-moving equ,iIJtpent operator,;operating in tandem (scrapers, b~llydumpsand ·sitnilar typ.es irl a11y·.· · combination, eJCcluding cpmpaction units ~;~~gl,f .engiµ,e;._ Caterpillar, Euclid, Athey' Wagon and similar,typ~s,,with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving. fq~ipm~nt operator, operating in tandem (scrapers, bellydumps and · similar types in arty·combination, excluding compaction units -multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps,ancl similar types in any combination, excluding compaction units '." single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units -multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem ( scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system ( single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator Gobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROlJI> 6:Bridge crane open1tor; (;retotcrarie bperatoi-;Hoist operat()r(Chicago:bpomand similar.type);Li~mobile operator; H~ slab. machine oper~tor ~V~~~9rg. and similar types);)\faterial hoist and/or maitl~:otJerator;·Polclf , gant11' cr.~~.operator;· Sel~Clinibing scaffo}d,:(~t.~~ar;· .. · type);, Sh()y7I,. ba.~khoe, draglitie, dan:isf+~ll op~rflJpr (over 3/4 yd. and up to 5 cu. yds. mrc); Tuggerhoist operator GROUl? · 7: .f.edesta~ crane. operator; Shovel,. b'cklioe, dragline, clamshell ?perator (ov~r5cu. yds,.1IU"c);Towercran~ r~air; Tugger hoist operator (3 dnim) · ,· . ·. ·.,' ·.·. ' '-:: .: '.:. .. : •: ::.::- GR()lJP S,: Crane operator (upto and incl1.1ding25ton capacity); <)aw ~~r transpo11er opef?~?r;, B~rripkpfltge, operator (up to an4 including 2~.toA ?a_pacity);. H9~st · operator, stiff legs, 911y derrick '6r. sitnilar iyp.e.J11P tp· • : > ;· and inc~u4irlg. 2? ton caB'lcity); .sliov~l?lJflq~oe, dragline, clams.11~11 operator (<)Ver 7 cu. yds., M.Il.C.) . GRO~· 9 .. :. 9tan~ .•... opercltcir.· .• (oyer.:2s···t6~~:~4rip,to··;q .. inbJudiri~·. 50 t.ons ~~);perrickbarge operat()r(9y~1"25tons up.to ' and ind114ing 5,0tbilS mrc ); IIi~e .ca~Ierar op~r3tor; Hoist·. oper~.t9r, .... ~tiff.legs, .(J1.1X.•·.cl~p-ick·.?r.s~l.~ .. typ.~_' •.•. ( over. 25tons •up'to,and. inclu¥1g;, 58)?~1*"~);, f'"tf~~> operat?r;p()lctr.cr<llle. oper~tor; Sel.f ~ffCtitigtowef:icra11e operator maximum lifting capacfryt~ntons · · ,, GROUP} 0: Crane °Verator (over 50 tb;)~Jti~tb :1 · includin¥100.J()J1S 111I?); perri~l<patgeopetat()r(bver 50 tons up to and including 100 tons mrc }; Hoist operator, stiff legs, Ciuyderri~k orsiµnlar typ~ (?v~Y::§9J?~ up tg and incl~ding 1 oo. ton.s mrc ), Nlopile towercr~.e c:>p~ratof (over 50tons, 11p.to ~dincluding 100 tonsM.R.Q~); Jower; crane operator and tower gantry GROUP 11: Crane'operator(over 100 tons aiiduj;>to artd including200Jons tnrc); Derrickbarge operafor(qvei 100 tons up to·and including 200tons mtc);Hoist operator, stiff legs, Guy derrick or similar type ( over 100 tcms up to and including 200 tons mrc ); Mobile tower crane operator ( over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up toand including 300 tons mrc); Derrick barge operator (over 200 tons up to and including.300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type ( over 200 tons, up to and including 300 tons mrc ); Mobile tower crane operator ( over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator ( over 3 00 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator ( over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator ( over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW comer of Section 1, Tl 7N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW comer of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kem County, as that point which is the SE comer of Sectiow34, .. " T24S, R40E; MDM. Continue"W cllotig the Inyo and Kerri County bound'1Y until the intersectionwith Tulare County, at that point which is theSW comer of the SE quarter of Section 32, T24S, R3?E~ MDM. Continue Vv al?ng the Kern and Julare County boundary, until that pointwhichis the~, corner of T25S; . R32E; MDM .. Continue Sfollowing R3~Elines to the NW cmner of T31 s, R32l3, MDM:. ·. Continue '\Vto the:NW com,er ofI'31 S,R31E, MDM. · Continue S to the SW comer o:fT32S,R31E, MDM;:Continue w to SW comer of SE quarterof Section ~4, T32S, R30E, M])M. Continue S to SW. corner of Tl 1~, ~J7v\lt SBM:. Conti:rme :E along south b?lllldary of Tl IN, SBM toSW comer of Tl lN~: IUW,. ~BM. Continlle S to SW copier ofT9N,R7W, SBM. C()lltlllUy l3 al()ng south bo,lllldary of T9N, ·. S131VI t~:SW FOTIJ..~1° C>f,T?N,1~.113{ SB¥· . ·. Continue Salong w~st.poundary ofR)~tS~:tg~x~rsi~f.901.lllty•. line at theSyY come1 ()fTl,S,RlE,Sl{~r,qpµ,#n~e.ij:al?II~(S()llth · bound~ of Tl s, S13¥ civy.er~ide Go~ftL~~tJo sw copier of . Tl S, RrnE, S]3l\1. f ont~ue S al911g :"est boµndary ()f :RlOE, SBM to ImperialCountylir\~att~e SW ?Ome~.ofr~s\~10~,SBM. Continue .W al9ng .. Irriperial ~d Riye~si<:Ieq?iffit~Jinf to:N\\f 1 com.er ... of.T?S; ... R.9E;· .. S~M .•... · C()~t~11e::.s:al,q11g,t8§;·popndaprpetw'ee!1 Imperial and •.. San Diego, (;9unties~ alongtl1~"%e:st .. ecl¥~••Hflli13,·• SBMto. th.e ~outhbound~ of.~peBc1l,F81f11o/(S~F{9{Ili'a .. state··. line. F.ollof the.C~ito.mia st,~t~l~eF$.~ttq-.t\.ri~~J;l~~t~~e ..... ,.:): line, then. north to N e'vada St(lt~ yne, then. c9~tin:1in~ •. ~back · to start atth.e pointwhicli is the NW corn,¢rofS:ect}oml;, . T17N, R14E, SBM $1.0Q additional per hourfor porgons;f sA:NLlJIS,0BISPO, ' ' KERN, SANTA BARBARA & VENTURA as defined below: That area vVithin the foU9wing Bouµ4ary: Begin appro¥at~l)' 5 , miles 1101!h of the COllll111llllty of ~holru.ne,. on the NI9l}terey County and San Luis 9bi~po (Jaunty boundai-y atthe N\V ~e>iper of T25S; Rl 6E, Nl'.tpiablo l\letj<iian. ContiiiueBouth. ~19.ngth.e west side.<. ofR16EtoJhe SVy comer ofT30S~ Rt6E, MDlVf. SC>lJ.tf,p-lfe Et()SW cornerof J:30S,· R17E, MDM! ConJiA1Je SJo:. SW ~omei;.Jif'l'JJS,· .• Rl 7E, MDM. C011tinue E to.SW•comerofT31S.,RI8E, Ml)M~ Continue S along West side.ofR18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner ofT9N, R30W, SBM. ContinueE along.the south .. edgeof T9N, SBM.t9 the·santa Barbara County and Ventura County boundary at that point whch is the SW comer of Section 34.T9N, R24W; SBM, continue S along the Ventura County line to that point which.is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE coiner fo T7N, R21 W, SBM. ContinueN along East side ofR21W, SBMtoVenturaCounty and Kem County boundary at the NE corner ofT8N, R21W. Continue W along the Ventura County and Kem County boundary to the SE corner of T9N, R21 W. Continue North along the East edge ofR21W, SBM to the NE corner ofT12N, R21W, SBM. Continue West along the north edge ofT12N, SBM to the SE comer of T32S, R21E, MDM. [T12N SBM is a think strip between Tl IN SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kem County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kem County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner ofT25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, Tl ON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE comer of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE al.ong the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE comer of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE comer of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW comer of Section 1, Tl 7N, Rl 4E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, TlON, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman ........ ,. ...... $ 49.50 (2) Dredge dozer ............ $ 43.53 (3) Deckmate ................ $ 43.42 (4) Winch operator (ste:r.r1 winch on dredge) ............ $42.87 (5) F'ireman~Oiler, Deckhand, Bargeman, Levye~and ................... $ 42.33 (6) Barge Mate .............. $ 42.94 IR0N03 77-002 07/01/2016 23.60 23.60 23.60 23.60 Rates Fringes Jronworkers: Fence Erector ............... $ 28.33 Ornamental, Reinforcing and Structural... ........... $ 34.75 PREMIUM PAY: $6.00 additional per hour at the foll9:wing locations: ; · ::. _. ·· .. ,:.,:.-.··· · .· .:;·-::-.':·<, . ;·.-.:.: 1/··;c " China LaJf e lfaval Test Station, CJi()C.oiate. ~o~~~k;al Reserv~-Ngand, ... ·.... .· ...... •••· .. · ... ·· ..... · ... :. . ..... <·· ;,: ... ·, ' ... , !: :,,.,···•· Edwards AF:B, Fortlrwin l\1ili!~·,~tati()n; F.9~ Jr:Wp.Jr~~g. · · Center-CJpldstone,. San. qemente.I~l~nd,.San;~"ich~}as Isl!lid{: SusanviHe.Federal.Priso11, 29 Pctl@,'~.• ¥apllt}9orps,p.~·~•. M~e Base -Barstow~ U.S. Naval Air Facility'7 Sealey,VandenbergAFB :.f·.{ · ... =,)(:.\:> ... \._:_-_;:~·<:.:if:i :/-')·,:'. $4.00 additional per hour at the following locations: Army Defense ·Language· histitilte .. -·.1v.1pnt~rey,,f allo11J\.ir I3~se; NavalPost Graduate School -Monterey, Yem10Majne Corps · Logistics· Center · · $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station -Two Rock LAB00300-005 01/01/2017 Rates Fringes Asbestos Removal Laborer ......... $ 31.88 16.82 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos-containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB00345-001 07/03/2016 Rates Fringes LABORER (GUNITE) GROUP 1 ..................... $ 37.89 20.50 GROUP 2 ..................... $ 36.94 20.50 GROUP 3 ..................... $ 33.40 20.50 FOOTNOTE: GUNITEPREMIUMPAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Rebound.men LAB00585-001 07/04/2016 Rates Fringes LABORER (TUNNEL) GROUP 1.. ................... $ 38.09 19.07 GROUP 2 ..................... $ 38.41 19.07 GROUP 3 ..................... $ 38.87 19.07 GROUP 4 ..................... $ 39.56 19.07 LABORER GROUP 1.. ................... $ 32.34 19 .07 GROUP 2 ..................... $ 32.89 19.07 GROUP 3 ..................... $ 33.44 19.07 GROUP 4 ..................... $ 34.99 19.07 GROUP s~ .................... $ 35.34 19.07 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleanin~ of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Ffag person; Gas, oil and/or. water pipeline laborer;Laborer, asphalt~rubhermateri~l loader; Laborer, general or construction; Laborer, general clean-up;. Laborer, landscaping;· Laborer, j etth1g; ~aborer, temporary water and ~ lines;. :r..1ater.ial h?~·~>ope~ator ( wans, slabs,. floors and ~eeks); J?luggingi)fillii,i~ ofs~e~ bolt holes; ])ry J?~p~gof con~~ete; R.ctilr?~~. 171'1ir,lt~:n~ce, repair trackp~rson.androacl beds; .street~ar a11cl.raigg~d· construction track. laborers; Rigging ancl signaJing; S~a1er;· Slip [orm raiser;Tar an4. mortar; To()l crilJ ?rtq?l h?us~ •. · laborer; Traf£.ic control by any 111~t~od;,<"\Yin.~9w cleaner; Wire mesh pulling -all concrete pouring operat~ons , .. ;-' )";.:·: .... ·:_·· ... ·.:· .. :i .. -~ ... ·. ·.:' GROUP 2:···.···Asphalf shoyele~;. Ce?ie~tfill~P~{ (onlyd.·oi larger mixer •.. an4 .. handling bu~·.c~111ent );. c.esspqgl .. ~~9~f:~c1 installer; Chuckte11cier; Chute ~a11dJer, po~~ dorictete, ., the handling ofthe:chutefronireadymix tru~ks, suchfas wan~,. slabs, decks, floors, folll14~tio1.1, footings, curbs, gutter~.andsi1ewalks;.C.oncrete ~urer, iinpervious membrane and form oiler; Cutting torch operator ( demolition); Fine grader, highWa)'S and stre.et p~ying, airport, runways and similar t)'Pe .~eavy c?nstruction; (}as, oil an.cl/or wat.er pipeline wrapper -pot tender a:nd ~Ol'Ill person; G-uinea chas~r; Headerboard person -asphalt; Laborer, packing rod steel ~qparis; Membrane va~or,~arrier installer; Power broom sweeper ( small); Riprap stonepaver, placirig stone or wet $cic;:l<;ed co:t1c;1:ete; llot9 scrap~r ailq tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scale:r and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller,j ackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt-rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer perfonning all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and 'spreader GROUP 3: Blaster, driller,powder person;phemicaF~out Jet person; Chetry picker person; .Grout gun.pers?n; Grn~t rrrixer,' person; Grout p~p person; J ackleg miner~ JU1I1bo p~rson; Kemper and. other pnel1111atic concreteplacer o~erator; Miner, tunnel (hand or II.lachine ); N ozzl~ person; Opera.ting of . troweling and/or grouting machilies; Powder person (primer house); Primer person; Sandblc1ster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood orsteel; Turihel.Concrete frnisher GROUP 4: Diamond driller; Sandblaster; Shaft°anlia1sework ·· -------------------------·--------------------·--· ____ .,·· ... ·'.,··· . ' .. ···-- LAB00585-003 07/01/2016 Rates Brick Tender ...........• ; ...•.... $ 30.52 LAB01184-001 07/04/2016 Rates Laborers: (HORIZONTAL DIRECTIONAL JJR:IL~IN"G) (})Drilling Crew Laborer ... $ 33.65 (2)Vehicle Operator/Hauler.$ 33.82 (3} Horizontal Directional Drill Operator ...... ; .... ~ .. $ 35.67 ( 4) Electronic Tracking 13.95 LOcator; ...... ; ............. $ 37;67 13;95< Laborers: (STRIPING/SLURRY SEAL) GR.6th? 1. .................... $34.86 .. GROUP 2 ..................... $ 36.16 GROUP 3 ..................... $ 38.17 GROUP 4 ..................... $ 39.91 17.03 17.03 17.03 17.03 LABORERS -STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation ( sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LAB01414-001 08/03/2016 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 31.60 19.28 PLASTER TENDER. ............. $ 34.15 19 .28 Work on a swing stage scaffold: $1.00 per hour additional. PAIN0036-007 07/01/2015 Rates Fringes Painters: (1) Repaint Including Lead Abatement... ................ $ 24.19 (2) High Iron & Steel... .... $ 30.70 (3) Journeyman Painter including Lead Abatement....$ 28. 70 12.83 12.83 12.83 ( 4) Industrial... ........... $ 32.02 12.83 (5) All other work. ......... $ 28.70 12.83 REPAINT of any previously painted structure. Exceptions: work involvmg the aerospace industry, breweries, commercial recreational facilities, hotels which operate colDillercial > establishrrients as part of hotel service, and sports facilitie,s. HIGH IRON & STEEL: Aerial towers, towers, radiotowers, smoke stacks, flag poles, ( anyflc1~ pol~s th,atcan be ~shedfrom the ground wi!b. '1 ladder ~xcluded), elev~tedwater torersrst~eple~ ~ddolllesin their en.tir~!Y. and any fther. extrellldy pgh and h~~~z~Oll~ ~ork, cooning steel, bos'n chair, or other sirmlar~eyfoes/painting· in other high hazardous work shall bedassified as highiron & · steel * PAIN0036-00810/01/2016 Rates Fringes DRYWA.LLFINISHEIUTAPER ....... :~ .. $37.18 Rates GLAZIE:R. ... ;O; •••••••••••••••• :. •• $ 41.70 21.13 FOOTN()TE: Ad~itiorialJl .:25 perhour for'workllla conclor, fromthe third(3rd) floor and up Addition~1$1.25 :Per hom for vV.ork 011the ()µtsid~ of thequildingfrom a. swing stage or any suspended contrivance, from the ground up -------------------------------------------.·' ___ :·,· •.: . ________ f_-., ... -- PAIN1247-002 05/01/2016 Rates Fringes., SOFT FLOOR.LAYER ................ $ 31.10 14.06 PLAS0200-009 08/05/2015 Rates Fringes PLASTERER. ....................... $ 38.44 13.77 PLAS0500-002 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER. .. $ 33.30 23.33 PLUM0016-001 07/01/2016 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work. ...................... $ 47.19 21.41 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space ................. $ 45.73 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................ $ 35.69 PLUM0345-001 07/01/2014 20.43 18.76 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29 .27 Sewer & Storm Drain Work. ... $ 33.24 ROOF0036-002 08/01/2015 Rates Fringes 19.75 17.13 ROOFER. .......................... $ 35.07 14.40 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669-010 04/01/2016 DOES NOT INCLUDE PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LTh1ITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER ................. $ 37.32 20.27 (FIRE)·· SFCA0709-001 07/01/2015 . . PORTIIUENE1v.1E, PORT MUGU, THE CITY ()FSANTAPAULA, .AND THATPART OF VENTURA COUNTY WITHIN 25MILES OF THE CITY LTh1ITS OE LOS .· ANGELES: Rates Fringes SPR!NKLERFIT'I'ER(Fire).; ........ $42.93 24.04 ________ , ··.,··-·.·.·--· :·-·, __ ·.··-:·: . __ .. ·. __ ..... ·--·: __ . · .. · .. ·,. ---· --·-··---:\ SHEE0273-002 08/01/2016 . ,. ···. ':., Rates Fringes sHEET METALw6RK.ER .... ; ....... ; .. $·4oA6 21.90 HOLJI)A?(S:1:Tef Yy~'~ .. I)ay, .N[~rtin.Lutller·.~gI)ay,,President's··•,, Day,.(}o?~'l?riday,. J\1y~orial I)ay, fudepde11dencf pay, Labor Day,yftefa:ri,~Day,Thankisgiving Day & Fridaya~er, Christmas Ifa:t TEAMOOl 1-002 08/01/2016 Rates Fringes TRUCK DRIVER dkoUP·T ..... ~ .............. $ 29.09 GROUP 2 .................... $ 29.24 GROUP 3 .................... $29.37 GROUP 4 .................... $ 29.56 GROUP 5 .................... $ 29.59 GROUP 6 .................... $ 29.62 GROUP 7 .................... $ 29.87 GROUP 8 .................... $ 30.12 GROUP 9 .................... $ 30.32 GROUP 10 .................... $ 30.62 GROUP 11 .................... $ 31.12 GROUP 12 .................... $ 31.55 26.39 26.39 26.39 26.39 26.39 26.39. ·26.39 26 .. 39 26.39 26.39 26.39 26.39 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3 .00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yenno, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles -2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull -single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck-50 yds. or more water level; Water pull -single engine with attachment GROUP 11: Water pull -twin engine; Water pull -twin engine with attachments; Winch truck driver -$1.25 additional when operating winch o:r similar special attachments GROUP 12: Boom Truck 17K'and above ------------------·------------------------,·, ._· .·c···· -.· :; ·---. :, ... · ...... · .. -, WELDERS-Receive rate prescribed for craft performing operation. to which welding is incidental. -------· ._ ... --------------. -.... : .. ,· .. __ .. •. -__ _ Note: Exycutiye Ord~r (EO) 13706, ~st~blishin9 PaidSick Leave for Federal Contractor~. appµes. to all sontracts subject to the Davis-Bac?n J\ctfm whichthy contra~tJs awar<ied(and any solicitation was issued) .. 9n ·c>r aft~r _January 1, · 201?·•.· lftliis .. contract fa C()Vered by the :EQ, _the so.ntraC!Of IIlU~tprovide emplorees vyith) ho1.1r of pa\<i siclc}eave for_ every 3? hours'. they w9rk, :up lo. 56 h?urs ,9f p~iclsi~.~· lec1y~·e!<l8~ yyaI'. Employ~~~. m~st bf .Pynajtie~to. u~f .P~id ~i~l{'l~~Y~{9pth.eit··' own n1pess, .inj111Y,_ or ot~e! ~~a1tQ~re1~1e1 11e.~<1s,jricluc.Im~·.· .. ·:1 preventiye··sar~~.· to •. as~i~t a fa~IymeII1bef .~98:P'.~~§()ll;f h()}s like fa~l}' to t4~ eII1ployee Jw~o.is ,g.h· injured, ,?r .has9th~t. health?~l~t~4.11~~d~,.··_~fl~din~.piey~IJ.tiyy.~clf,e~·-_ .• ~r_f9r;re_as9:ns.· result~g_ •. ff~111, _·or.tq ___ .~-~s.ist_. _ll_·-.f~ly,p:i~111b,~!.·-~or·perso~,)':7h():;is like famil)7 __ t?.tlie·_\~ingloyJy) __ ~lio ..•. _is •. a.·yi9~np,. ?r,,.-.. _<19µi~~tt?·-••> .. •i··.·:;·," viole~~_e,' -~-Y~ll~l __ · as_s~llf t}_or SJ~~~·-·-··11dit.ip1;ctl_·_irif91311~tio11 on contract9r:req~e1D,~nts -~ct.wgr~~f J>r{}te9tie>ns under tlie :EQ is available at www.dol.goviwhcl/govcontracts. ' ' ' :. :.::·:'·_;_, .-.-_-: ... : > <-[,.·_; .. · ... :,.:.:, .. <. ,.·.· /<_<:·· /.· -".<.' ~-->: Unliste.4.cia8sificati()l1S· J1~~ed forwoJ:!<nJt it1tihtie<f ;thili\. • the scope of the classifications listed maybe added after award on.ly .as provided in the labor standards contract clauses (29CFR5.5 (a) (1) (ii)}. The body of each wage. determinatforifrsts theclassifi~atfon and wage rates that have been found to be prevailing for the cited type( s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical • .•. order of "identifiers" that indicate whether the particular· rate is a union rate ( current unionnegotiated rate. for local), .... a survey rate (weighted average rate)·or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters .other than ''SU" or "UA VG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UA VG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROGESS :. ~ :· :: .:;.: '··. ' _:,·· ... < J 1.) Has there been an initial decision in. the niatter?This · can , be: * an existing pubHshed wap;edetennination * a Sill"\T~:Y underlying a .wage ~ete~ati()n : .• * a Wage and. Hour Divi~i?n letter settingJorth a position on a wage determination matter * a conforihance ( additional classification and rate) ruling On s~ey ~elated.matt.)rs,irritial.'co11tact,. in9Ju~g req~esfs for .. suinJ.I1aries .... of ~11tye>7s, ...• ~hollld ... b.e with'thf.·Vf ap;~· .. f:Pf.Ho11r·.··· Regio3tal.()fficefort~earea irl!Yfilf~Jh·e•~~ey;~~S<C,()1}d.¥cted.·,.···. because.th.ose R.egi{)nal Offic¥.s. hav.~trespo~~il)j~~f or.the •. < •.. ·.··. >il< .· .. Davis.-Ba?o1:18.llrvey pr:o~a1Il .. If t~~ i-e,8.IJ911se f1"01I1thi8..~H~l· ••. t< contact. i~i11?t satisfactol)';then theprocess.ge~9ribed.·in'.2,:} .··· · and 3.)~h()u1q be folfowed. . . . . . . . . ~:.:::/H:'.' :.::··/ With.·reg(lrd t? •. a11y·.ot~~i·.¥1a~e{rid19i1· f pe• .• t'9rJ11~:foP9~l•. process.· described.here,. initi~.1 .. con~act s~9ul~b~ -vyithth~ .. · .. •. Branch of ConstrucJi611 WageDet~rntig~tigris;. :\,Y,rit~t9: ' ;~." _:,.. . ;.; Br~nt:!t~f .•9?~tructi.on ... Vla~6'bete~ati()nS: 0 Wage and Hour Division .• u~s .. DeparbnentofLal)or 2QO Constitlltion Avenue, N\W. Washington, DC 20210 2.) Ifthea~svVerto theqU~stiOillll l}isyes, then an interested party (those affected by the action) caruequest revievV ~q rec()11~tderati()11.f"r()tn the \\7"ap;e .. :lHd II()}lf .Administrator (See 29 CFR Part 1.8 and 29 CFR Part 1j. Write to: . Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, proj ecf description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ATTACHMENT NO. 2 RESOLUTION NO. 2017-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 (Installation of CNG Station) WHEREAS, the City Manager, on or about June 21, 2016, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2016-17; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held a public meeting on June 21, 2016 and July 5, 2016, receiving, considering and evaluating all comments, and adopted a budget for the fiscal year commencing July 1, 2016 and ending July 30, 2017;and WHEREAS, amendments must periodically be made to the budget to confom1 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. Budget Adjustment No. 116 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18th day of April, 2017. APPROVED AS TO FORM Kimberly Hall Barlow City Attorney Corey Warshaw Mayor ATTEST Nicholas S. Lewis City Clerk I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 18th day of April, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Nicholas S. Lewis City Clerk Date: Requested by: Dept/Div: EXPENDITURES Account Number (16038.119.7500) 119.80.7001.7500 REVENUES Account Number CITY OF WEST COVINA BUDGET AMENDMENT 4/18/2017 Chino Consunji Public Works Dept/ Account Description CNG Facility Upgrade Account Description REASON/JUSTIFICATION (Please be specific) Exhibit No. 1 BA# 116 Posted By: Date Posted: Fiscal Year: 2016-17 -------------Amount: $ 230,000.00 Description: Project #BP-16038 Proposed Current Budget Amendment Amended Budget 700,000.00 230,000.00 930,000.00 - - - - - - - - - - - - - - - - - - - Proposed Current Budget Amendment Amended Budget - - - - - To appropriate additional expenditures in the amount of $230,000 to Project No. BP-16038 for upgrades to the CNG facility. APPROVALS City Council Approval Date (if required, attach minutes): Dept Head Approval: Finance Director: Funds Available? City Manager: (if over $100,000) o Yes oNo __ 4 ___ /_1_8 __ /2_0_1_7 __ o Approval Not Required Date: ------ Date: ------ Date: ------ o Approved o Denied ( { AGENDA ITEM NO. __._7_ AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: FROM: Mayor and City Council Chris Freeland City Manager SUBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF RESIDENTIAL STREETS REHABILITATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT ELIGIBLE NEIGHBORHOOD (PROJECT NO. SP-17038) RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Accept the bid from All American Asphalt of Corona, California in the amount of $469,960.70 as submitted at the bid opening on April 10, 2017, subject to the City Attorney approval; 2. Authorize the City Manager to execute a contract with All American Asphalt for the work to be performed; and 3. Adopt the following resolution: RESOLUTION NO. 2017-32 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 DISCUSSION: On February 21, 2017, the City Council approved Amendment No. 1 to the Community Development Block Grant (CDBG) Fiscal Year 2016-17 Action Plan and established CIP Project No. SP-17038 for Residential Streets Rehabilitation in CDBG-Eligible Neighborhoods with funding in the amount of $500,000. Project No. SP-17038 will rehabilitate 29 residential street segments within the CDBG-eligible areas (Attachment No. 1 ). The project consists of grinding down two inches of existing asphalt concrete pavement and installing two inches of asphalt concrete; repairing damaged curbs, gutters, and sidewalks; constructing Americans with Disabilities Act (ADA) compliant curb access ramps; adjusting manhole covers; installing new pavement legends and striping; and appurtenant work. The street segments were selected based on the condition of the existing pavement as recommended by the City's Pavement Management System. The total length of the project is approximately two miles. Award Contract for the Construction of Residential Streets Rehabilitation in the Connnunity Development Block Grant Eligible Neighborhood (Project No. Sp-17038) Page 2 of3 -April 18, 2017 A Notice Inviting Bids for this project was advertised in the San Gabriel Valley Tribune on March 20 and March 27, 2017. In addition, the notice was sent out to 340 subscribers to the City's e-notification system and was posted on the City's website indicating that the plans would be available on CIPList.com. CIPList.com is a free web service that provides an online plan room type service to manage bidding of public works projects. On April 10, 2017, five bids were received, checked for errors, and determined to be responsive. The following is a summary of the bids received: All American Asphalt Corona, CA $345,524.63 $124,436.07 $469,960.70 Hardy & Harper Santa Ana, CA $373,000.00 $123,000.00 $496,600.00 Shawnan Downey, CA $410,553.84 $126,094.05 $536,647.89 Copp Contracting Buena Park, CA $478,243.35 $98,487.60 $576,730.95 EBS General Corona, CA $424,134.42 $172,558.20 $596,696.62 Engineering The lowest responsible total bid was $469,960.70 submitted by All American Asphalt. All American Asphalt has completed similar projects for the Cities of Brea, Diamond Bar, La Habra, Norwalk, Rancho Santa Margarita, Riverside and Santa Monica. Their references have been checked and were satisfactory. They have a valid contractor's license. All American Asphalt has also certified that they are not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency, and City staff has confirmed this through the System for Award Management database. All American Asphalt is prepared to start work immediately following issuance of a Notice to Proceed and will complete the project in May 2017. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act Guidelines Section 15302 Class 2, the proposed improvements are of a minor nature and, therefore, the project is categorically exempt from the requirements for an Environmental Impact Report (EIR) or Negative Declaration ofEIR. OPTIONS: The City Council has the following options: 1. Adopt staffs recommendation and award a contract to All American Asphalt; 2. Reject all bids and re-advertise the project. This option is not recommended as CDBG funds must be expended by May 2017; or 3. Provide alternate direction. ( I Award Contract for the Construction of Residential Streets Rehabilitation in the Connnunity Development Block Grant Eligible Neighborhood (Project No. Sp-17038) Page 3 of3-April 18, 2017 FISCAL IMP ACT: The total estimated cost for this project is as follows: ·· ..... · ... ·. _'.". ;-,_._ ·•. •• · •ltt!m·· · · · · ·> · · · ·· . ,,.,,•.•' ·.·.·---.:_;,__ -·------_ _, ___ ._ > > i> Am6ul.tt Design Contract (Expended) $29,000.00 Construction Contract 469,960.70 Contingencies (10%) 46,996.30 Construction Management and inspections 14,043.00 Total $560,000.00 Funding for this project will come from the following sources: J:'ro· ect No. Fund.iii Accim,11.tNo. SP-17038 CDBG 17038.131.7200 $560,000 The total approved funding for this project is $500,000. Staff is recommending a revenue appropriation in the amount of $60,000 to Acct # 131.51.4551 and an expenditure appropriation in the amount of $60,000 to Acct# 17038.131.7200 to cover the shortfall in funding. There is sufficient CDBG funding available in the City's line-of-credit with Housing and Urban Development (HUD). According to the City's approved CDBG Citizen Participation Plan, the degree of this funding change does not require a substantial amendment process. There will be no impact to the General Fund. Prepared by: c==s>==--=::::-===::::--- Hany Yanni Demitri, P.E.; T.E. Assistant City Engineer ATTACHMENTS: Reviewed and Approved by: Delfino "Chino';,/C nsunji, P .E. Public Works .llli'fector/City Engineer ~ Christa Buhagiar Finance Director A(J.,1t.fo,.// Kelly McDonald Management Analyst II Attachment No. 1 -Street Segments to be Rehabilitated Attachment No. 2 -Contract Agreement with All American Asphalt Attachment No. 3 -Resolution No. 2017-32 ', ATTACHMENT NO. 1 ( Adu! Street Grandview Lane South to End of Street (Cul De Sac Bauer Drive Meadowside Street to Ford Drive Berglund Drive Meadowside Street to Ford Drive Derek Court Edenview Lane to End of Street (Cul De Sac) Diane Place Kelly Way to Scott Road Dore Street Edenview Lane to End of Street (Cul De Sac) Dore Street Valinda A venue to Grandview Lane South D den Lane Harrington Way to End of Street (Cul De Sac) Eclipse Way L da Avenue to Start of Knuckle Eclipse Way Start of Knuckle to Jennifer Place Eden View Lane East Adu! Street to Grandview Lane South Ford Drive Berglund Drive to Bauer Drive Grandview Lane East Amar Road to Edenview Lane Herrington Way South Sunnnerplace Drive to South Dryden Lane Jennifer Place End of Knuckle to Pass and Covina Road Jennifer Place Ecliplse Way to End of Knuckle Kelly Way Dore Street East to Diane Place L daLane Dore Street East to Ecli se Way Meadowside Street Valinda Avenue to Bauer Drive ( Merry! Lane Jennifer Place to Eden view Lane Raelyn Place Dore Street East to End of Street (Cul De Sac) Ronnie Street Edenview Lane to End of Street (Cul De Sac) Scott Road Diane Place to Dore Street Shalane Street Edenview Lane to End of Street (Cul De Sac) Sheryl Place Dore Street East to End of Street (Cul De Sac) Sunnnerplace Drive Valinda Avenue to South Sunnnerplace Drive Summerplace Drive Harrington Way to End of Street (Cul De Sac) Sunnnerplace Court Meadowside Street to End of Street (Cul De Sac) Webster Circle Ford Drive to End of Street (Cul De Sac ( ( CONTRACT AGREEMENT FOR ATTACHMENT NO. 2 RESIDENTIAL STREET REHABILITATION IN CDBG AREA PROJECT NO. SP-17038 THIS CONTRACT AGREEMENT (herein "Agreement"), is made and entered into this 18'h day of April, 2017 by and between the CITY OF WEST COVINA, a municipal corporation, (herein "City") and All American Asphalt (herein "Contractor"). The parties hereto agree as follows: A. City requires grind and overlay, removal and replacement of damaged curb and gutter, sidewalks, construction of curb ramps and all appurtenant work at various locations and all appurtenant work in accordance with plans and specifications for Project No. SP-17038 as shown in this specification services. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services -In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Special Provisions -Section 3 -Description of Work", which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in pe1forming the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in perfonning the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract -This contract consists of the Notice to Contractors and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, plans, this Contract Services Agreement, Faithful Perfonnance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law -All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the tinie service is rendered. 1.4 Licenses, Permits, Fees, and Assessments -Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City herennder. Contractor shall be responsible for all sub-contractors' compliance with this Section 1.4. 1.5 Familiarity with Work -By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be perfonned, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall innnediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work -The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1. 7 Further Responsibilities of Parties -Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub-contractors to comply with the provisions of this agreement. 1.8 Additional Services -City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or malce changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements -Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A through F" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A through F" and any other provisions of this Agreement, the provisions of Exhibit "A through F" shall govern. 1.10 Prevailing Wages Laws -In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office ( ( of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. 2. COMPENSATION 2.1 Contract Sum -For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Four Hundred Sixty Nine Thousand Nine Hundred Sixty Dollars ($469,960.70) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments -Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in wiiting by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a snm based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3 .1 Time of Essence -Time is of the essence in the performance of this Agreement. 3 .2 Schedule of Performance -Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perfotm all services within the time period(s) established in the "Schedule of Perfonnance" attached hereto as Exhibit "B", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure -The time period(s) specified in the Schedule of Petformance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthqualces, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for perfonning the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's dete1mination shall be final and conclusive upon the parties to this Agreement. 3.4 Term -Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor -The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Ed Carlson VP 400 E. Sixth Street, P .0. Box 2229 Corona, CA, 92878-2229 It is expressly understood that the experience, lmowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the tenn of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer -The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept infonned of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment -The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor -Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub-contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. ( ( 4.5 Identity of Persons Performing Work -Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactmy performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perfonn such tasks and services. 4.6 Utility Relocation -City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations -Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four ( 4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in w1iting, of any: (I) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be perfonned under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS The Contractor shall procure and maintain for the duration of the contract, insurance against claims for injmies to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Commercial General Liability $5,000,000 per occurrence (X) Insurance (including premises and operations) Contractual Liability Insurance $1,000,000 limit ( ) Products Liability Insurance Comprehensive Automobile Liability $2,000,000 per occurrence (X) Insurance (includes owned, non-owned, and hired automobile hazard Professional Liability Insurance $1,000,000 limit ( ) (providing for a one year discovery period) Workers' Compensation/Employers' Statutory $1,000,000 per occurrence (X) Liability Insurance 5.1 INSURANCE 5.1.1 MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occutTence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1 ), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. ( \ ( 5.1.2 OTHERINSURANCEPROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insured on the CGL policy with respect to liability arising out of work or operations perfo1med by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All ce1iificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of West Covina, 1444 West Garvey Avenue South, West Covina, California 91790. Any insurance maintained by the City of West Covina shall apply in excess of and not combined with insurance provided by this policy. The City of West Covina, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub-contractor shall require the sub-contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification -Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to ( ( aiise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub-contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any tenn, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities aiising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with a11y of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's ( or its agents', employees', sub-contractors', or invitees') negligent perfonnance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims aiising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incmred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for coU11sel acceptable to City. d) Contractor's duty to defend and indenmify as set out in this Section 5 .2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property aiising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substa11ces, including but not limited to tl1e Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance AccoU11t Act, the California Hazardous Waste Control Law or the Porter- Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the tennination of this Agreement. Contractor shall require the same indemnification from all sub-contractors. 5.3 Labor and Materials, Performance and Warranty Bonds -Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amoU11t of this Agreement, in the forms provided by the City Clerk, which secures the faithful perfonnance of this Agreement. The bonds shall contain the original notaiized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully perfo1ms all terms and conditions of this Agreement. 5 .4 Sufficiency of Insurer or Surety -Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (I 0) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities -Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports -Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records -Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents -All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7 .1 California Law -This Agreement shall be construed and interpreted both as to validity and to perfonnance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate comt in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. ( 7.2 Disputes -In the event either party fails to perfonn its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to tenninate this Agreement. Compliance with the provisions of this Section 7 .2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds -Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as perf01mance secmity to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 7.4 Waiver -No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render Ullllecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative -Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7 .6 Legal Action -In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7. 7 Liquidated Damages -Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to detennine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "A"). In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. · 7 .8 Termination for Default of Contractor -If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees -If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non-liability of City Officers and Employees -No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest -The Contractor warrants that it has not paid or given and will not pay or give any third paity any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination -Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice -Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of West Covina 1444 West Garvey A venue South West Covina, California 91790 Attention: City Engineer ( To Contractor: Ed Carlson VP 400 E. Sixth Street, P .0. Box 2229 Corona, CA, 92878-2229 9 .2 Interpretation -The tenns of this Agreement shall be constrned in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rnle of constrnction which might otherwise apply. 9 .3 Integration; Amendment -It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9 .4 Severability -ln the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to cairy out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either patty of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Illegal Aliens Prohibited -Contractor shall not hire or employ any person to { perform work within the City of West Covina or allow any person to perfonn work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. ( 9.6 Unfair Business Practices Claims -In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Caitwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9. 7 Corporate Authority -The persons executing this Agreement on behalf of the parties hereto wairai1t that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities -The Contractor shall keep itself infonned of City, State, and Federal laws, ordinances and regulations, which may in any maffiler affect the perfonnance of its services pursuant to this Agreement. The Contractor shall at all times obse1ve and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. 9 .9 Termination for Convenience~ The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of tennination of the Agreement. Upon receipt of the notice of tennination the Contractor shall cease all further work pursuant to the Agreement. Upon such tennination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement 10. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUIREMENTS This contract and the work it will carry out is being funded in whole or in part with funding from the U.S. Department of Housing and Urban Development through the Los Angeles County Office of Community Development CDBG program. 10.1 Access to Records and Retention of Records -The Community Development Block Grant (CDBG) recipient, Los Angeles County Office of Community Development, the U.S. Department of Housing and Urban Development (HUD), the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract, for the purpose of making audit, examination, excerpts, and transcriptions. All required records must be maintained by the contractor for four years after the recipient makes final payments and all other pending matters are closed. 10.2 Section 3 of the Housing and Community Development Act -(Applicable to contracts/subcontracts of $100,000 or more AND when the funding recipient has received $200,000 or more in CDBG and/or other federal funding.) A. The work to be perfonned under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. TI1e parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. ( { \ C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or lmowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and oppmtunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b ). 10.3 Emerging-Small (ESB), Minority-owned (MBE) and Women-owned (WBE) Business Enterprises -(Applicable to contracts/subcontracts of $25,000 or more in CDBG and/or other funding.) MBE enterprises that qualify as DBE companies can be counted toward the City's 11.4% DBE goal in addition to this goal. Good faith efforts must be demonstrated where the successful contractor is unable to include the targeted participation. Affirmative steps must be taken to assure that emerging small, minority and women-owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: • Include any such qualified firms on solicitation lists. • Assure that such firms are solicited whenever they are potential sources. • When economically feasible, divide total requirements into smaller tasks or quantities so as to permit such firms maximum opportunities for participation through subcontracting. • Where possible, establish delivery schedules which will encourage such participation. • Use the services and assistance of the Small Business Administration, the Office of Minority, Women and Emerging Small Business (State of Oregon) and other sources when approp1iate. 10.4 Prohibition on the Use of Federal Funds for Lobbying (Applicable to Federally funded contracts/subcontracts of $100,000+) ( The contractor hereby certifies that: a. No federal funds have been paid or will be paid, by or on behalf of Los Angeles County Office of Community Development, 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 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. b. If any funds other than federal 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 local government shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 10.5 Lead-Based Paint -The use of lead-based paint on any interior or exterior surface is prohibited. For properties constructed prior to I978, the construction work performed under this contract is subject to the Lead-Based Paint Regulations adopted by the Department of Housing and Urban Development (24 CFR Part 35) and by the State of Oregon (OAR 333.069). 49 10.6 Equal Employment Opportunity -Contractor shall comply with the requirements of Executive Order II246, "Equal Employment Opportunity," as amended by Executive Orders 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national otigin in all phases of employment <luting the performance of federal or federally assisted construction contracts. Contractors and subcontractors on federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising. 10.7 Copeland "Anti-Kickback" Act -Contractor shall comply with the Copeland "Anti- Kickback" Act (18 USC 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Contractor and all subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 10.8 Davis-Bacon Act -(Applicable to CDBG contracts for construction or rehabilitation of housing containing eight or more CDBG-assisted units; any public facility or public improvement contract exceeding $2,000; applicable to HOME contracts for construction of rehabilitation of twelve or more HOME-assisted units.) All laborers and mechanics employed by contractors or subcontractors on construction work assisted under this part shall be paid wages at rates not less than those prevailing on similar construction in the locality as detennined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended ( 40 USC 276a- 276a-5), and shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act ( 40 USC 327-333), and the contractors and subcontractors shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards. 10.9 Contract Work Hours and Safety Standards Act-In compliance with Sections 102 of the Contract Work Hours and Safety Standards Act (40 USC. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5), each contractor/subcontractor shall compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 6 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. In compliance with Section 107 of the Act, no laborer or mechanic shall be required to work in smroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases ( of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 10.10 Clean Afr Act and the Federal Water Pollution Control Act (Applicable to federally-funded contracts and subcontracts in excess of $100,000) This contract is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1857 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CPR Part 15, as amended from time to time. Contractor and any of its subcontractors agree to the following requirements: 1) A stipulation by the contractor and subcontractors that any facility to be utilized in the perfonnance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CPR 32; 2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines thereunder; 3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and ( 4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through ( 4) of this section in every non-exempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. In no event shall any amount provided under this contract be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(l) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. ( 10.11 Debarment and Suspension -Contractor certifies that neither it nor any of its employees or subcontractors are parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689, "Debannent and Suspension," as set f01ih at 24 CPR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.0. 12549. 10.12 Termination of Contract 12a. Tennination by Owner: 1) Without Cause This contract and the work it will carry out is being funded in whole or in part with funding from the U.S. Department of Housing and Urban Development through the Los Angeles County Office of Community Development CDBG program. The owner may tem1inate this contract: 1) In the event that the grant funds are rescinded in part or in whole; or 2) If the work is stopped under an order of any court, or other public authority, for a period of thirty (30) calendar days, through no act or fault of the owner, owner's employees, or legal representatives. 3) With Cause The owner may terminate this contract if the contractor is in substantial breach of the provisions contained in the contract documents and/or repeatedly fails to: • Comply with federal, state, and local laws and regulations; • Provide for the safety of a11 occupants and public at large during the execution of the work; • Properly pay subcontractors or suppliers for material or labor; • Correct defective work; or • Progress in a timely manner which demonstrates that the contractor can complete the project within the specified time-frame. TI1e contractor, upon receipt of written notice from the owner to terminate this contract, shall: 1) Cease operation in a manner that protects and preserves work already perfonned. 2) Instruct all subcontractors to cease work and cancel all special orders with suppliers. 3) Leave the work site in a condition that is free of hazards to occupants and the public. If the owner terminates the contract, the contractor may be eligible to receive payment for all work completed, and for material orders already in progress and for which cance1lation is not possible. Payment is contingent upon the same inspection and approval procedures by owner and grantor as specified for progress payments. If the owner terminates this contract with cause, the owner may withhold payment until a11 work is otherwise completed by reasonable means determined by owner. If the unpaid balance of this contract is not sufficient to cover reasonable costs incurred by the owner to complete the work, the contractor shall pay the difference to the owner. If the unpaid balance of this contract is in excess of the reasonable costs incurred by the owner to complete the work, then the owner sha11 pay the difference to the contractor. Reasonable costs include architect fees, administrative fees, and other expenses made necessary by the above causes. 12b. Termination by Contractor Contractor may terminate this contract if: • Work is stopped under an order of any court, or other public authority, for a period of thirty (3 0) calendar days, through no act or fault of the contractor, contractor's employees, subcontractors, or other persons or agents perfonning work under direct or indirect contract with the contractor; • Work is stopped due to a declared state of emergency by govenm1ent action; • Owner fails to make payment within the time-frame and conditions stated in the Contract Documents; • Owner repeatedly, through no fault of the contractor, contractor's employees, subcontractors, or other persons or agents performing work under direct or indirect contract with the contractor, causes delay of the work; and, such delay constitutes in excess of 100 percent of the total number of days scheduled for completion of the work specified in the Contract Documents. 12c. Termination by Mutual Consent Both parties may terminate this contract by mutual written consent. ( ( IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF WEST COVINA, A municipal corporation: Chris Freeland City Manager All American Asphalt Signature Name and Title ATTEST: Assistant City Clerk of the City of West Covina APPROVED AS TO FORM Kimberly Hall Barlow, City Attorney APPROVED AS TO INSURANCE: Risk Management Date: ________ _ Date: ________ _ Date: ________ _ Date: ________ _ ( ( ATTACHMENT NO. 3 RESOLUTION NO. 2017-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 (Residential Street Rehabilitation) WHEREAS, the City Manager, on or about June 21, 2016, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2016-17; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held a public meeting on June 21, 2016 and July 5, 2016, receiving, considering and evaluating all comments, and adopted a budget for the fiscal year commencing July 1, 2016 and ending July 30, 2017;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. Budget Adjustment No. 122 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 181h day of April, 2017. APPROVED AS TO FORM Kimberly Hall Barlow City Attorney Corey Warshaw Mayor ATTEST Nicholas S. Lewis City Clerk I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 181h day of April; 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Nicholas S. Lewis City Clerk ( ( ( Date: Requested by: Dept/Div: EXPENDITURES Account Number 117038.131. 7200) 131.80. 7005.7200 REVENUES Account Number 131.51.4551 CITY OF WEST COVINA BUDGET AMENDMENT 4/18/2017 Miguel Hernandez PW/ Engineering Dept/Account Description Residential Streets Rehab Account Description Communitv Develooment REASON/JUSTIFICATION (Please be snecific1 Exhibit No. 1 BA# 122 Posted By: Date Posted: Fiscal Year: _,2c,Occl-=6'---=-l 7'----------- Amount: ---'$"'6"0"'"'0"'0"'0"'.0"0'-''--'n"'e"t"z"'e'-ro~--- Description: ..:.P..:.r,,01,.,·e"'c"-t -=S'-P--'-1'-'7c..,0,.,3,.,8'------- Proposea Current Budget Amendment Amended Budget 500 000.00 60.000.00 560 000.00 - - - - - - - - - - - - - - - - - - - Proposed Current Budget Amendment Amended Budget 1 505.526.38 60,000.00 1 565,526.38 - - - - To appropriate additional revenues and expenditures in the amount of $60,000 to Residential Streets Rehab project SP-17038. APPROVALS City Council Approval Date (if required, attach minutes): Dept Head Approval: Finance Director: Funds Available? City Manager: (If over $100,000) see attached o Yes oNo see attached --'4/"1"'82/..=2cc0.c:cl.:...7 __ o Approval Not Required Date:------- Date: ______ _ Date: ______ _ o A roved o Denied ( DATE: TO: FROM: AGENDA ITEMNO. 8 AGENDA STAFF REPORT City of West Covina I Office of the City Manager April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 4 ORDERING OF ENGINEER'S REPORT, PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT, DECLARATION OF INTENT TO SET A PUBLIC HEARING AND FUNDING THAT THIS ACTION IS STATUTORILY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW RECOMMENDATION: It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-23 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2017-2018 RESOLUTION NO. 2017-24 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT BACKGROUND: Landscape Maintenance District No. 4 (LMD4) was established in 1975. This district is located in the southeasterly part of the City. The assessments collected are used to maintain landscaping, irrigation, hardscape (e.g. sidewalks, walls, etc.), and area lighting on 130 acres of public open space within the boundaries of the district. To encourage innovative housing types and neighborhood designs and to preserve the ridgelines in the San Jose Hills, this area was originally developed with relatively narrow street rights-of-way and small lot sizes. The resulting surplus land was converted to landscaped slope areas and park like "green belt" areas containing walkways, landscaping, and lighting. Landscape Maintenance District No. 4 Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report Page 2 of3 -April 18, 2017 DISCUSSION: The Landscaping and Lighting Act of 1972 specifies the procedures for renewal of landscape maintenance districts. The initial step of the renewal process is to adopt the resolution ordering the Engineer's Report. This report has been completed and includes plans and specifications for improvements, estimated costs, assessment diagrams, and assessments spread to cover the estimated costs. The report was prepared in accordance with Division 15, Article 4, Chapter 1, Part 2 of the California Streets and Highways Code. The next step in the renewal process is the preliminary approval of the Engineer's Report and adoption of the Resolution oflntention concerning the levy and collection of assessments for LMD4. Also, staff is recommending setting a public hearing date of June 6, 2017, as required in the Landscaping and Lighting Act of 1972. At the public hearing, the City Council will consider all written and oral comments regarding the level of assessments, and the maintenance and capital improvement work proposed for LMD4. The renewal process requires that a public notice be posted and published in a locally circulated newspaper, but does not require notices be mailed to each resident. Upon the conclusion of the hearing, the City Council should adopt a resolution confirming the diagram and assessment levy either as proposed or as changed by the City Council. At this time, staff recommends that the assessment rates be maintained at their current levels for Fiscal Year 2017-2018. The annual assessment rates for LMD4 will be maintained at $348.02 for a single dwelling unit and $464 for a duplex unit. LEGAL REVIEW: The City Attorney has reviewed and approved the resolutions. OPTIONS: The City Council has the following options: 1. Adopt staff's recommendation to maintain the assessment rates at their current levels. The attached "IO-Year Fiscal Projection" shows rates being maintained at their current levels and the reserve levels over the next 10 years; 2. Reduce the assessment rates; LMD4' s reserves will be depleted at a faster pace requiring the City's General Fund to subsidize the district; 3. Increase the assessment rates above the previously approved maximum amounts. LMD4 would need to comply with the mail ballot provision of Proposition 218. In Fiscal Year 2009-2010, a mail ballot election on a proposed increase of the assessment rates was processed and not approved by the property owners; or 4. To not renew the district. If the City Council does not wish to continue the district and wishes to fund the district from the General Fund, the resolutions are not necessary. ( Landscape Maintenance District No. 4 Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report Page 3 of3 -April 18, 2017 FISCAL IMPACT: The Fiscal Year 2017-2018 Engineer's Report for LMD4 recommends that the assessment rates be maintained at their current levels. The annual assessment rates for LMD4 will be maintained at $348.02 for a single dwelling unit and $464 for a duplex unit. The projected income from the recommended rates is $1,037,950. In addition, $9,000 is projected to be received from Landscape Maintenance District No. 2 (LMD2) for costs of maintenance in an overlap area between LMD2 and LMD4. The total projected revenue is $1,056,950 including $10,000 in interest. With the $2,003,832 balance from the previous year, the total funding available is $3,060,782. The preliminary operating budget for LMD4 for Fiscal Year 2017-2018 is $1,178,900 which is a decrease of0.1% compared to the approved/amended budget for Fiscal Year 2016-2017. The proposed operating budget funds only the regular landscape maintenance. Staff is proposing four new capital improvements, namely: (1) upgrade paseo security lighting in the amount of $50,000; (2) basic maintenance and concrete repairs in the amount of $50,000; (3) tree trimming and brush control in the amount of $100,000; 4) and drought tolerant landscaping and irrigation improvements in the amount of $250,000. The total cost of proposed ClP projects is $450,000 for Fiscal Year 2017-2018. In Fiscal Year 2016-2017, the City Council approved two capital improvement projects: tree trimming and aerial mapping, for an estimated total of $55,000. Tree trimming has been completed, while aerial mapping is underway and will be completed in October 2017. There are no legal requirements or formal guidelines for the amount of reserves in an assessment district; however, at least 50% is required to cover cash flow. A reserve between 100% and 200% is recommended by staff to cover cash flow, future capital projects, and emergencies. Prepared by: M~clIIandez Public Works Project Supervisor ATTACHMENTS: Attachment No. 1 -15 Year Rate History Reviewed and Approved by: Delfino "Chino" c,9 s ~i, P .E. Public Works Dirt9 r / City Engineer c~ Finance Director Attachment No. 2 -Landscape Maintenance District No. 4 Engineer's Report Attachment No. 3 -10 Year Fiscal Projection Attachment No. 4-Resolution No. 2017-23 Attachment No. 5 -Resolution No. 2017-24 ( ( ( West Covina Landscape Maintenance District No.4 15 Rate History *MD4 has nine (9) separate zones of benefit with varying assessment rates from $49.16 to $464.00 per assessment unit. The zone shown in the table is for a single parcel with a duplex and is the highest assessment per parcel. ATTACHMENT NO. 1 ( I ATTACHMENT NO. 2 City of West Covina Landscape Maintenance District No. 4 2017/2018 ENGINEER'S REPORT Intent Meeting: April 18, 2017 Public Hearing: June 06, 2017 .WILLDAN WWILLDAN L-,_,. ,/ ENGINEER'S REPORT AFFIDAVIT City of West Covina Landscape Maintenance District No. 4 City of West Covina, County of Los Angeles, State of California This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2017/2018 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City ·council. Dated this _____ day of ______ ., 2017. Willdan Financial Services Assessment Engineer On Behalf of the City of West Covina By: _____________ _ Susana Medina, Project Manager District Administration Services By:-------------- Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS OVERVIEW .........................................................................•..................................................... 1 I. PLANS AND SPECIFICATIONS ................................................................................... .4 A. ZONES OF BENEFIT ................................................................................................... 4 B. DESCRIPTION OF WORK .......................................................................................... 6 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ............................................. 7 D. DESCRIPTION OF IMPROVEMENTS AND SERVICES ......................................... 8 11. METHOD OF APPORTIONMENT .................................................................................. 9 A. BENEFIT ANALYSIS ................................................................................................... 9 8. ASSESSMENT METHODOLOGY ............................................................................ 10 Ill. ESTIMATE OF COSTS .................................................................................................. 12 A. CAPITAL IMPROVEMENT PROJECT FUND ......................................................... 12 B. SUMMARY OF TOTAL COSTS ............................................................................... 13 IV. BOUNDARY MAP .......................................................................................................... 15 V. ASSESSMENT ROLL .................................................................................................... 17 ( W'., WILLDAN ,,,,,,, ., OVERVIEW The City of West Covina ("City"), annually levies and collects assessments in order to provide and maintain facilities, improvements and services within Landscape Maintenance District No. 4 ("District"). The District was established in 1975 pursuant to the Landscaping and Lighting Act of 1972, Parl 2 of Division 15 of the Streets and Highways Code ("1972 Act"). The District was created at the request of the owner of the developments in lieu of forming a Homeowner's Association. The funds collected are used to maintain landscaping, irrigation, hardscape, and paseo lighting on 130 acres of public open space within the boundaries of the district. The Engineer's Report ("Report") has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments for Fiscal Year 2017/2018. This Report describes the District, the improvements and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2017/2018. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscape improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the landscape improvements and based upon available revenues including fund balances, City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number ("APN") by the County Assessor's Office. The County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page1 of17 ( ( ffWILLDAN confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel. While the budgets outlined in this Report reflect the estimated costs necessary to fully and adequately provide for the maintenance and operation of the improvements within the District, many of these estimated costs and associated services cannot be funded by the current assessment revenues and contributions from the City. To fully fund the improvements, it will be necessary to increase assessment revenues which will require the support of the property owners for new or increased assessments through a ballot proceeding conducted under the provisions of the California Constitution Article XIIID. Although such proceedings are not being conducted this fiscal year and the proposed District assessments for Fiscal Year 2017/2018 are not being increased over the assessments levied in the prior fiscal year, such assessment increases may be considered in the future due to the rising costs associated with the District improvements. As required by the 1972 Act, this Engineer's Report describes the improvements to be operated, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for Fiscal Year 2017/2018. This Report consists of five (5) parts: Part I Plans and Specifications: A general description of the District and the improvements for which parcels are assessed. The proposed assessments as outlined in this Report are based on the improvements that provide a special benefit to the properties within the District. The plans and specifications contained in this Report generally describe the nature, location and extent of the improvements. Part II Method of Apportionment: A description of how the proportionate amount of the assessments is to be charged in proportion to the benefits received by each lot or parcel within the boundaries of the District. Part Ill Estimate of Costs: An estimate of the annual costs to properly operate, maintain, and service the landscape improvements and appurtenant facilities. This budget includes an estimate of the maintenance costs and incidental expenses including, but not limited to: labor, materials, equipment and administration expenses as well as the collection of appropriate funding necessary to properly support the improvements. Not 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 2 of 17 'l(WILLDAN all services and costs identified in these budgets can be supported by the current assessment revenues and City contributions, and as such, City staff shall make the determination of which services and activities shall be provided based on available revenues. Part IV Boundary Map: A Diagram showing the boundaries of the District is provided in this Report and includes all parcels determined to receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District are shown on the Los Angeles County Assessor's Parcel Maps, and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. A diagram showing the overall boundaries of the District is on file with the City Clerk and the Office of the City Engineer, and by reference is made part of this Report. PartV Assessment Roll: A listing of the assessment amount associated with each parcel within the District. The assessments presented herein are unchanged from the previous fiscal year. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 3 of 17 ( ( f/(WILLDAN l PLANS AND SPECIF/CATIONS A. ZONES OF BENEFIT For Fiscal Year 2017/2018, the parcels, lots, subdivisions and developments within the District are identified and grouped into nine (9) zones of benefit referred to as "Zones". Each Zone reflects the landscape improvements associated with the development of properties in that Zone, in order to fairly and equitably apportion the net cost of providing those improvements to the properties that receive special benefits from the service and activities associated with those improvements. Most of the parcels in the District are identified as single-family and multi-family residential properties. All parcels receive special benefits from the improvements because of the increased desirability of a parcel that is located in an area with landscaping, and open space areas. Public agency parcels within the district will not be used for residential occupancies or commercial/industrial workplaces, and therefore, do not receive special benefit and will not be assessed. The assessments proposed to be levied on each property do not exceed the reasonable cost of proportional special benefit conferred on each property from the funded improvements. The following is a brief description of the District Zones: Zone A1: Parcels in this zone are commercial properties, which are located at the intersections of major arterial roadways. These parcels are benefited by the district improvements to a lesser degree due to their proximity to the open space areas. Nonetheless, the parcels are benefited by aesthetically pleasing landscaping and open space areas which enhance the desirability of living in the district, because its promotion of evening business and industry vitality, and contribution to a positive nighttime visual image. ZoneA2: Parcels in this zone are condominium type homes with open space areas located along the fringes of the zone. Due to the nature and higher density of the parcels and the higher intensity of the property use, the parcels derive benefits such as providing a more peaceful and relaxed lifestyle due to the surrounding open space areas. ZoneA3: Parcels in this zone are made up of condominiums and apartment complexes with smaller areas of open space within the zone. Due the denser housing within this zone, Zone A3 is distinctly benefited by the interspersed open space areas within the zone. Although open space areas are smaller than in other zones, the incorporation of such areas into Zone A3's higher-intensity property uses peculiarly benefits A3's parcels by providing aesthetically pleasing landscaping and enhancing the desirability of living in ZoneA3. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 4 of 17 ZoneA4: Parcels in this zone are condominium type homes. The open space areas are in close proximity to the condominiums in this zone, thus providing the zone's parcels with benefits such as the enhancement of the quality of life within the community characterized by openness, landscape and natural vistas, wildlife and relaxed, peaceful living. ZoneA5: Parcels in this zone are made up of detached single-family homes with large open space areas in close proximity. Zone AS parcels derive a benefit particular to their zone, based on the significant size and proximity of the open space areas to the parcels. The large open spaces in the vicinity of the parcels contribute to lower housing density due to the dedication of acreage for landscaping and natural areas, which thereby reduce the number of buildable parcels. ZoneA6: Parcels in this zone are made up of detached single-family homes with open space areas located along the fringes of the zone. Having the open space areas along the perimeter of the zone is advantageous to the parcels within Zone A6 due to the open space areas' positive results on the parcels, such as attracting natural flora and fauna, providing a more peaceful and relaxed lifestyle. ZoneA7: Parcels in this zone are made up of detached single-family homes. The open space areas are in close proximity to the single-family homes. These open space areas are connected with paseos that include concrete walkways and lights. These paseos provide for safe pedestrian travel within the zone and into adjacent Zone A9. Zone AB: Parcels in this zone are made up of 4-plexes with open space areas located along the fringes of the zone that provide a barrier from the major arterial roadway. The strategic location of open space areas at the fringe create an aesthetically pleasing yet practical perimeter around the zone, which provides a more peaceful and relaxed lifestyle by attracting natural flora and fauna to Zone AB parcels which, because of the close proximity to major arterial roadways, would not otherwise receive such benefit. Moreover, the higher-intensity property use receives a significant benefit from the natural vistas and landscaping provided by the open space areas. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 5 of 17 ( ( ffll.··.,;\ W. ILLDAN ,-._,_,,, ZoneA9: Parcels in this zone are made up of duplexes. The open space areas are in close proximity to the duplexes and are connected by paseos. The paseos are improved with concrete walkways and lights. These paseos provide for safe pedestrian travel within the zone and into adjacent Zone A7, and promote social interaction. B. DESCRIPTION OF WORK The existing facilities to be maintained and serviced include public open space area, lighting, parkway, and manufactured slopes and appurtenant facilities. There are approximately 130 acres of open space within the District. The District will fund the costs in connection with the district maintenance and servicing including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other expenses necessary for the satisfactory operation of these facilities. The facilities and improvements which have been constructed within the District and which will be maintained and serviced are described as follows: Landscaping and Appurtenant Facilities Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation system, hardscape, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public right-of-way's, parkways, and dedicated easements within the boundaries of said Assessment District. Lighting and Appurtenant Facilities Facilities include but are not limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in the public right-of-way's and dedicated easements within the boundaries of said Assessment District. "Maintenance" means, as defined in the 1972 Act, the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of water for the irrigation of landscaping and the maintenance of any of the public lighting facilities and furnishing of electrical energy for the public lighting facilities or for the lighting or operation of landscaping or appurtenant facilities. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 6 of 17 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: 2017/2018 • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. City of West Covina Landscape Maintenance District No. 4 Page 7 of 17 ( ( ( D. DESCRIPTION OF IMPROVEMENTS AND SERVICES The district is located in the southeasterly part of the City of West Covina. To encourage innovative housing types and neighborhood designs, and to preserve the ridgelines of the San Jose Hills, this area was developed with relatively narrow street right-of-way's and small lot sizes. The resulting surplus of land was converted to landscaped slope areas and park-like "green belt" areas containing walkways, landscaping, and lighting. The following outlines the various improvements associated with the properties and developments throughout the District. The detailed plans and specifications of the District Improvements are on file in the office of the City Public Works Department and by reference are made part of this Report. For Fiscal Year 2016/2017, improvements in progress: • Aerial Mapping -Set to be completed October 2017 For Fiscal Year 2017/2018, new improvements: 2017/2018 • Upgrading paseo security lighting • Basic maintenance and repair of concrete walkways, walls, fences, electrical equipment, and irrigation system • Increased tree trimming cost to move to a 5-year cycle • Drought tolerant planting and water-line irrigation improvements City of West Covina Landscape Maintenance District No. 4 Page 8 of 17 f(WILLDAN fl METHOD OF APPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefiis to be received by each such Jot or parcel from the improvements." Because assessments are levied on the basis of benefit, they are not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Section 22574 of the 1972 Act permits the designation of zones of benefits within any individual assessment district if "by reason of variation in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." The 1972 Act also permits certain parcels to be exempt from assessment. Excluded from these assessments are areas of all publicly owned property such as: public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements, and right-of-way's, all public parks, public greenbelts and parkways, and all public property being used for public purposes. However, per Proposition 218, any publicly owned property that benefits from District improvements shall be assessed its proportional share of District costs The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided in order to fairly apportion the costs based on estimated benefit to each parcel. A. BENEFIT ANALYSIS All parcels in the City of West Covina Landscape Maintenance District No. 4 derive benefit from the open space maintenance. The intent of this report is to establish a methodology that fairly distributes the cost of the system in relation to the benefit received. The assessment ratio for all properties is based on dwelling units. Each single family residential parcel, condominium complex, apartment, duplex, multi-family residential, and other developed land, is assessed per dwelling unit. This pro-ration accounts for an adjustment for street right-of-way's and public easements. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 9 of 17 ( ( ( . fl( WI LLDAN 8. ASSESSMENT METHODOLOGY The methods of apportionment utilized for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned or existing within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the improvements. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with Section 4 of Article XIIID, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels of the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The assessment methodology and assessment rates proposed for Fiscal Year 2017/2018 determined that all parcels receive special benefit for the landscape maintenance. In order to continue to provide the current level of maintenance services, the budget is proposed to be maintained at the Fiscal Year 2016/2017 level. Therefore, the assessment rates for the Fiscal Year 2017/2018 are not proposed to be increased. The Maintenance District No. 4 was established in 1975 prior to Proposition 218 requirements, and the assessment for all properties is based on dwelling units. Each single family residential parcel, condominium complex, apartment, duplex, multi-family residential, and other developed land, is assessed per dwelling unit. The land-use classification for each parcel is based on the Los Angeles County Auditor/Controller's Assessment Roll. The specific percent budget allocations, which were previously established for each zone, will not be increased in Fiscal Year 2017/2018. To calculate the Assessment Rates, the budget for each zone is divided by the total number of Equivalent Dwelling Units (EDU) in the zone. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 10 of 17 f/'t'WtlLDAN The following table summarizes the different assessment rates for the different zone classifications and compares the proposed assessment with the prior year's assessment. City of West Covina Landscape and Maintenance District No. 4 FY 2017/2018 Preliminary Assessment Summary and Comparison BENEFIT ZONE LEGEND A 1 Commercial Property A2 Condos (Triangle Area, East of Azusa Ave. and north of Woodgrove Park) A3 Condos Minimum Maintenance Benefit A4 Condos Medium Maintenance Benefit A5 Single Family Triangle Area (Special Area, West of Azusa Ave and north of Amar Rd.) A6 Single Family Medium Maintenance Benefit A7 Single Family Maximum Maintenance Benefit AB 4-plex Minimum Maintenance Benefit A9 Duplex Minimum Maintenance Benefit 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 11 of 17 ( ( flt{ WI LLDAN Ill EST/MA TE OF COSTS The total estimate of costs for maintenance of the proposed improvements for Fiscal Year 2017/2018, as defined under Section 22569 of the 1972 Act, are those as hereinafter set forth. Said cost estimates include the total District costs for constructing or installing any proposed improvements and for maintenance and servicing the existing improvements including incidental expenses; the amount of any surplus or deficit in the maintenance fund to be carried over from the previous year; any annual installments to be collected over more than a single year; as well as the amount of any contributions to be made from any other sources. A. CAPITAL IMPROVEMENT PROJECT FUND In Fiscal Year 2016/2017, the City Council approved to add two new capital improvement projects: tree trimming and aerial mapping, for an estimated total amount of $55,000. Tree trimming has been completed, while aerial mapping is underway and will be complete by October 2017. The projects planned for Fiscal Year 2017/2018 and their estimated costs are: 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 12 of 17 B. SUMMARY OF TOTAL COSTS The City's budget for the operation and service costs detail the estimated costs and fund balances for Fiscal Year 2017/2018 as available at the time of preparation of this report. The 1972 Act provides that the total cost can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. The 1972 Act requires that a special fund be set-up for the revenue and expenditures of the district. Funds raised by the assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1st must be carried over to the next fiscal year. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 13 of 17 ,WWILLDAN ( ( (1) See Capital Project Fund Section Ill. A. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 14of17 W'.","'. WILLDAN 1,_,·. --- IV. BOUNDARY MAP A diagram showing the exterior boundaries of the District, boundaries of any zone within the District and the lines and dimensions of each lot or parcel of land within the district is on file in the Office of the City Engineer and incorporated herein by reference. The lines and dimensions shown on the Los Angeles County Assessor's parcel maps for the current year are incorporated by reference and made part of this Report. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 15 of 17 ( ( 2017/2018 Jl{WJLLDAN CI'fY OF WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 City of West Covina Landscape Maintenance District No. 4 Page 16 of 17 WWILLDAN V. ASSESSMENTROLL Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Los Angeles County Secured Roll for the year in which this Report is prepared and reflective of the Assessor's Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. 2017/2018 City of West Covina Landscape Maintenance District No. 4 Page 17 of 17 .·-~ West Covina Landscape Maintenance District No. 4 10 Year Fiscal Projection ~ Percent Increase 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Fiscal Year 17-18 18-19 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 IAssessirieiiU/icbrileei.iiiiiii;,,·~,s1;ll37'950~1,037195(Jiii,i:$1i(J37;950""''.$1i037,950i;,~~$1;037;950-•-,i$1,037,950••i;,$1,037,950 $1,037,950 F¥l~~~~~!~:,~: ,~;:, ,,:: .~: . ~J;~!i9'\1".,,~~~~~.1!6J!,1s2;1,,,i;2;4.zs.,.1 o~;;,!;~2,;is, 1~2 'i',$2,14!,:;:s2 ;c0;$1,945,437 · · $1, 111,.~6 · · __ $1,463,s21 $1,1s3,411 -~~~;:!~-~t~B·!tt,~f~;~~~l!f~:~1i~§i',1,?7:6:g1g._ .. •J.~PJ,j?Q1 ... , .. 1,327,633 ...•... J,354,186 ... fU'@tansf~r:-Y~~~;;;cry~±~;::.:,2:¥,;;;¥:c ~ :.·3,580 :-~--., .,-,7:_.::;_"' :·: ·.;:: __ ~ ;'.'; -~;- /rofileost''.•'~;;l'"'.'~~s$1,632,4802:1.:$1;202,478""'$1;226,528CB!'.$1;251;oss• r:it$1,276,079 __ •$1,301,601··· $1,327,633 !:W3~Eir~~!ml~!i!!l!{~}'E::!~?zi!!!il!:?t1·;E:E't91~il:itt.· $:!tE~ · .. ····]!~:H!)··· ... , ~sessinentofHighestZon<ip}: $464 . '}164 $464 $464 .. $464 . _$464. · Notes: (1) Interest is 0.4% of one-half of the previous year ending balance. (2) 2% increase in maintenance cost each year due to inflation. (3) Previously approved maximum highest rate of $464, may not be increased further without vote. ..,,~u,195 663,816 (527,622) $464 $1,354,186 ($170,769) 677,093 (847,861) $464 $1,037,950 $1,037,950 (342) (1,011) 9,000 9,000 (170,769) (505,429) $875,840 $540,510 · 1,e81,269. _ J.40M.95. $1,381,269 ($505,429) 690,635 (1,196,064) $464 $1,408,895 ($868,385) 704,447' (1,572,832) $464 > ..., ~ i z ..., z 9 ~ ( ( ( ! JESOLUTION NO. 2017-23 : ATTACHMENT NO. 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DIStRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITaIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YE~R 2017-2018 i WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 ' (2017-2018) WHEREAS; this Assessm:ent District is known as West Covina Landscape Maintenance District No. 4; and i ! WHEREAS; it is propofed that said Maintenance District shall install, construct, maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the West Covina Landscape Mainten~nce District No. 4; and WHEREAS; since the 1996-1997 Fiscal Year annual confirmation of the levy of these assessment, the voters have adop~ed Proposition 218 (California Constitution, Article XIII D); and · WHEREAS, the West Covina Landscape Maintenance District No. 4 is exempt from the I ballot requirements of Proposition 218 providing the assessments do not increase pursuant to Article XIII D, § 3(b) (property o\'{ner consent to initial formation); and WHEREAS, no increased assessments, new improvements nor substantial changes in existing improvements within said West Covina Landscape Maintenance District No. 4 are proposed; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolves as follows: SECTION 1. That the above recitals are true and correct. I SECTION 2. Willdan Fiiiancial Services shall prepare and file an Engineer's Report in I accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being Division 15, Chapter 2 of the .Streets and Highways Code of the State of California and Proposition 218 as applicable for confirmation of such assessments in the same amount commencing with Fiscal Year 20~ 7-2018. SECTION 3. That a ce1iified copy of this resolution be presented to the City Engineer of the City of West Covina for his information and guidance. SECTION 4. That the City Clerk of the City of West Covina shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 13th day of April 2017. Mayor Corey Warshaw ATTEST: City Clerk Nickolas S. Lewis I NICKOLAS S LEWIS do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at their regular meeting thereof held on the 13th day of April 2017, by the following vote of the City Council: AYES: NOES: ABSENT: APPROVED AS TO FORM Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis ( ATTACHMENT NO. 5 RESOLUTION NO. 2017-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 2017-23 adopted on April 18, 2017, pursuant to the provisions of Proposition 218 and the "Landscaping and Lighting Act of 1972", of the State of California, require Willdan Financial Services to make and file with the City Clerk of the City Council a report in writing, relating to assessments to fund the operation and maintenance of certain landscaping and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District No. 4; and WHEREAS, the West Covina Landscape Maintenance District No. 4 is exempt from the ballot requirements of Proposition 218 providing the assessments do not increase pursuant to Article XIII D, § 3(b) (property owner consent to initial formation); and WHEREAS, on l 8tl1 day of April 2017, Willdan Financial Services filed in the Office of the City Clerk of said City, the report in writing responsive to the requirements of the Act and Proposition 218, and WHEREAS, said City Clerk has presented the said report to the City Council of said City and said Council has considered said report; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That the report of Willdan Financial Services which was filed in the Office of the City Clerk of the City of West Covina, California, on the 181h day of April 2017, is hereby preliminarily approved subject to modification at the Protest Hearing. SECTION 2. A) By the adoption of this resolution and preliminary approval of the Engineer's Report, the City Council declares its intention to levy and collect West Covina Landscape Maintenance District No. 4 assessments in the amounts set out in the Engineer's Report to fund operation and maintenance of certain landscaping and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District No. 4 commencing with Fiscal Year 2017-2018. ( B) West Covina Landscape Maintenance District No. 4 is generally located in the southeasterly part of the City of West Covina. C) The existing and proposed improvements are generally described as to landscaping, irrigation, hardscape, and paseo lighting on 130 acres of public open space within the boundaries of the district. D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district, any zones therein, and the proposed assessments. E) The improvements and assessments shall be done under Proposition 218 and the Landscaping and Lighting Act of 1972, as amended. F) The assessments shall be collected on the property tax bill with and subject to the same procedures and penalties for delinquency as general county property taxes. SECTION 3. Public Hearing: That a Public Hearing is set for Tuesday, June 6, 2017, at 7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue in the City of West Covina, to take the testimony on the issue of whether or not the assessments should be approved. SECTION 4. Publication: The City Clerk shall publish this resolution at least ten days before the hearing as required by Government Code § 54954.6 ( display ad). SECTION 5. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under § 15273 of the Guidelines, as none of the proceeds will be used for capital expenses, but will be used instead for operation and maintenance. SECTION 6. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 18th day of April 2017. Mayor Corey Warshaw ATTESTED: City Clerk Nickolas S. Lewis I NICKOLAS S. LEWIS HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 181h day of April 2017, by the following vote of the Council: AYES: NOES: ABSENT: APPROVED AS TO FORM: Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis ( DATE: TO: FROM: AGENDA ITEMNO. 9 AGENDA STAFF REPORT City of West Covina I Office of the City Manager April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: RENEW AL OF LANDSCAPE MAINTENANCE DISTRICT NO. 6 ORDERING OF ENGINEER'S REPORT, PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT, DECLARATION OF INTENT TO SET A PUBLIC HEARING AND FUNDING THAT THIS ACTION IS STATUTORILY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW RECOMMENDATION: It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2017-2018 RESOLUTION NO. 2017-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 6 Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report Page 2 of3 -April 18, 2017 BACKGROUND: Landscape Maintenance District No. 6 (LMD6) was established in 1980 at the request of the owner of the development in lieu of forming a Homeowners' Association. LMD6 is generally located in the easterly end of the City known as South Hills. The funds collected by the district are used to maintain landscaping and irrigation in public open space areas within its boundaries. LMD6 contains 238 single-family dwellings, approximately 12 acres oflandscaped and irrigated areas, and approximately 65 acres of natural area. DISCUSSION: The Landscaping and Lighting Act of 1972 specifies the procedures for renewal of landscape maintenance districts. The initial step of the renewal process is to adopt the resolution ordering the Engineer's Report. This report has been completed and includes plans and specifications for improvements, estimated costs, assessment diagrams, and assessments spread to cover the estimated costs. The report was prepared in accordance with Division 15, Article 4, Chapter 1, Part 2 of the California Streets and Highways Code. The next step in the renewal process is the preliminary approval of the Engineer's Report and adoption of Resolution of Intention concerning the levy and collection of assessments for LMD6. Also, staff is recommending setting a public hearing date of June 6, 2017, as required in the Landscaping and Lighting Act of 1972. At the public hearing, the City Council will consider all written and oral comments regarding the level of assessments, and the maintenance and capital improvement work proposed for LMD6. The renewal process requires that a public notice be posted and published in a locally circulated newspaper, but does not require notices be mailed to each resident. Upon the conclusion of the hearing, the City Council should adopt a resolution confirming the diagram and assessment levy either as proposed or as changed by the City Council. At this time, staff recommends that the assessment rates be maintained at their current levels for Fiscal Year 2017-18. The annual assessment rates for LMD6 will be maintained at $650 per lot annually ($54.16 per month). LEGAL REVIEW: The City Attorney has reviewed and approved the resolutions. OPTIONS: The City Council has the following options: I. Adopt staffs rec01mnendation to maintain the assessment rates at their current levels. The attached "10-Y ear Fiscal Projection" shows rates being maintained at their current levels and the reserve levels over the next IO years; ( ( Landscape Maintenance District No. 6 Ordering of Engineer's Report and Preliminmy Approval of the Engineer's Report Page 3 of3 -April 18, 2017 2. Reduce the assessment rates; LMD6's reserves will be depleted at a faster pace requiring the City's General Fund to subsidize the district; 3. To increase the assessment rates above the maximum rate of $650 annually. LMD6 would need to comply with the mail ballot provision of Proposition 218; or 4. To not renew the district. If the City Council does not wish to continue the district and wishes to fund the district from the General Fund, the resolutions are not necessary. FISCAL IMPACT: The Fiscal Year 2017-18 Engineer's Repmi for LMD6 recommends that the assessment rates be maintained at their current levels. The assessment rate for LMD6 is based on a special uniform benefit to the property owners and is recommended to remain at its cun-ent level of $650 per lot annually ($54.16 per month). The projected income from the recommended rates is $154,700. Including the balance of $253,855 from the previous year, the total funding available is $408,555. The preliminary operating budget for LMD6 is $217,868, which is an increase of 10% when compared to the approved/amended budget for Fiscal Year 2016-17. The proposed operating budget funds only the regular landscape maintenance services. Staff is proposing one new capital improvement project, namely: drought tolerant landscaping and water-wise imgation improvements in the amount of $50,000. There are no legal requirements or formal guidelines for the amount of reserves in an assessment district; however, at least 50% is required to cover cash flow. A reserve between 100% and 200% is recommended by staff to cover cash flow, future capital projects, emergencies, and as a benefit it also provides interest income. Prepared by: Public Works Project Supervisor ATTACHMENTS: Attachment No. I -15 Year Rate Histo1y D fino "Chino" fa sunji, P .E. Public Works Dir ctor / City Engineer ~ Christa Buhagiar Finance Director Attachment No. 2 -Landscape Maintenance District No. 6 Engineer's Report Attachment No. 3 -10 Year Fiscal Projection Attachment No. 4-ResolutionNo. 2017-25 Attachment No. 5 -Resolution No. 2017-26 ( ( ( West Covina Landscape Maintenance District No.6 15 Rate History ATTACHMENT NO. 1 ATTACHMENT NO. 2 - -: _, -. ' . City of West ·Covina' .. . •. • -. c._ -· - -. -.,-'.---·-.· L~pdsc~p~ M.aintena"1~e· )District No. 6c>/ ---.. --..... -. . ,,, --. " . ,,:-:.',·.:·.'-·<- ;6ux~di; i~:::EE~'s R::~ir dhtentMeeting:Apfilil:(2017 ·. · . PliblicHearing:June 06, :2017 ' . -->,_.,.-. 1/l(w. ILLbAN L . " ENGINEER'S REPORT AFFIDAVIT City of West Covina Landscape Maintenance District No. 6 City of West Covina, County of Los Angeles, State of California This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2017/2018 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this _____ day of ______ , 2017. Willdan Financial Services Assessment Engineer On Behalf of the City of West Covina By: _____________ _ Susana Medina, Project Manager District Administration Services By: _____________ _ Richard Kopecky R. C. E. # 16742 1i'W1LLDAN ( TABLE OF CONTENTS OVERVIEW1 I. PLANS AND SPECIFICATIONS .................................................................................... 3 A. DESCRIPTION OF WORK .......................................................................................... 3 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ............................................ .4 C. DESCRIPTION OF IMPROVEMENTS ....................................................................... 5 11. METHOD OF APPORTIONMENT .................................................................................. 6 A. BENEFIT ANALYSIS ................................................................................................... 6 B. ASSESSMENT METHODOLOGY .............................................................................. 7 111. ESTIMATE OF COST ..................................................................................................... 8 A. CAPITAL IMPROVEMENT PROJECT FUND ........................................................... 8 B. SUMMARY OF TOTAL COSTS ................................................................................. 8 ( IV. BOUNDARY MAP .......................................................................................................... 10 V. ASSESSMENT ROLL .................................................................................................... 12 ( OVERVIEW The City of West Covina ("City"), annually levies and collects assessments in order to provide and maintain facilities, improvements and services within Landscape Maintenance District No. 6 ("District"). The District was established in 1980 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code ("1972 Act"). The District was created at the request of the owner of the development in lieu of forming a Homeowner's Association. The funds collected by the District are used to maintain landscaping and irrigation in public open space areas within its boundaries. The Engineer's Report ("Report") has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments for Fiscal Year 2017/2018. This Report describes the District, the improvements and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2017/2018. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscape improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the landscape improvements and based upon available revenues including fund balances, City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number ("APN") by the County Assessor's Office. The County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 1 of 12 ( ( Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel. While the budgets outlined in this Report reflect the estimated costs necessary to fully and adequately provide for the maintenance and operation of the improvements within the District, many of these estimated costs and associated services cannot be funded by the current assessment revenues and contributions from the City. To fully fund the improvements, it will be necessary to increase assessment revenues which will require the support of the property owners for new or increased assessments through a ballot proceeding conducted under the provisions of the California Constitution Article XIIID. Although such proceedings are not being conducted this fiscal year and the proposed District assessments for Fiscal Year 2017/2018 are not being increased over the assessments levied in the prior fiscal year, such assessment increases may be considered in the future due to the rising costs associated with the District improvements. As required by the 1972 Act, this Engineer's Report describes the improvements to be operated, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for Fiscal Year 2017/2018. This Report consists of five (5) parts: Part I Plans and Specifications: A general description of the District and the improvements for which parcels are assessed. The proposed assessments as outlined in this Report are based on the improvements that provide a special benefit to the properties within the District. The plans and specifications contained in this Report generally describe the nature, location and extent of the improvements. Part II Method of Apportionment: A description of how the proportionate amount of the assessments is to be charged in proportion to the benefits received by each lot or parcel within the boundaries of the District. Part Ill Estimate of Costs: An estimate of the annual costs to properly operate, maintain, and service the landscape improvements and appurtenant facilities. This budget 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 2 of 12 lfi.i.' ""f.47..· .. · .·. ', · ·, ~WILLDAN includes an estimate of the maintenance costs and incidental expenses including, but not limited to: labor, materials, equipment and administration expenses as well as the collection of appropriate funding necessary to properly support the improvements. Not all services and costs identified in these budgets can be supported by the current assessment revenues and City contributions, and as such, City staff shall make the determination of which servi.ces and activities shall be provided based on available revenues. Part IV Boundary Map: A Diagram showing the boundaries of the District is provided in this Report and includes all parcels determined to receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District are shown on the Los Angeles County Assessor's Parcel Maps, and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. A diagram showing the overall boundaries of the District is on file with the City Clerk and the Office of the City Engineer, and by reference is made part of this Report. PartV Assessment Roll: A listing of the assessment amount associated with each parcel within the District. The assessments presented herein are unchanged from the previous fiscal year. l PLANS AND SPECIF/CATIONS A. DESCRIPTION OF WORK The existing facilities to be maintained and serviced include public open space, manufactured slopes, and appurtenant facilities. There are approximately 12 acres of landscaped and irrigated area and 65 acres of natural open space within the District. The District will fund the costs in connection with the district maintenance and servicing including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other expenses necessary for the satisfactory operation of these facilities. The facilities are described as follows: 2017/2018 Landscaping and Appurtenant Facilities Facilities include but are not limited to trees, irrigation system, hardscape, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in open spaces and dedicated easements within the boundaries of the District. City of West Covina Landscape Maintenance District No. 6 Page 3 of 12 ( I f/1( WI LLDAN , .. ,_.4,f., . "Maintenance" means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and the improvements to remove or cover graffiti. "Servicing" means the furnishing of water for the irrigation of landscaping and the maintenance or operation of landscaping or appurtenant facilities. B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: 2017/2018 • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; City of West Covina Landscape Maintenance District No. 6 Page 4 of 12. • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. C. DESCRIPTION OF IMPROVEMENTS The District is located in the easterly end of the City known as South Hills on the westerly-facing slopes of the San Jose Hills. The District contains 238 single-family dwellings, approximately 12 acres of landscaped and irrigated area, and approximately 65 acres of natural area. The following outlines the various improvements associated with the properties and developments throughout the District. The detailed plans and specifications of the District Improvements are on file in the office of the City Public Works Department and by reference are made part of this Report. For Fiscal Year 2017/18, new improvements: 2017/2018 • Basic maintenance and repair of path ways, electrical equipment, and irrigation system • Increased tree trimming cost to move to a 5-year cycle • Drought tolerant landscaping and water-wise irrigation improvements. City of West Covina Landscape Maintenance District No. 6 Page 5 of 12 ( ( ( fl METHOD OF APPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: ''The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Because assessments are levied on the basis of benefit, they are not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Section 2257 4 of the 1972 Act permits the designation of zones of benefits within any individual assessment district if "by reason of variation in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." The 1972 Act also permits certain parcels to be exempt from assessment. Excluded from these assessments are areas of all publicly owned property such as: public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements, and right-of-way's, all public parks, public greenbelts and parkways, and all public property being used for public purposes. However, per Proposition 218, any publicly owned property that benefits from District improvements shall be assessed its proportional share of District costs The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided in order to fairly apportion the costs based on estimated benefit to each parcel. A. BENEFIT ANALYSIS All parcels in the City of West Covina Landscape Maintenance District No. 6 derive benefit from the open space maintenance. The intent of this report is to establish a methodology that fairly distributes the cost of the system in relation to the benefit received. The assessment ratio for all properties is based on dwelling units. Each single family residential parcel, condominium complex, apartment, duplex, triplex, mobile home park, and other developed land is assessed per dwelling unit. This pro- ration accounts for an adjustment for street right-of-way's and public easements. 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 6 of 12 8. ASSESSMENT METHODOLOGY The methods of apportionment utilized for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned or existing within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the improvements. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with Section 4 of Article XIIID, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels of the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. All properties in the District benefit from the maintenance and servicing of trees, landscaping, hardscaping and appurtenant facilities. There are 253 parcels within the District equaling 238 dwelling units. Therefore, the assessment rate for the District is proposed to be maintained as: $154,700.00 = $650.00 DU 238 The following table summarizes the assessment rates and compares the proposed assessment with last year's assessment. 2017/2018 City of West Covina Landscape Maintenance District No. 6 FY 2017/2018 Preliminary Assessment Summary and Comparison City of West Covina Landscape Maintenance District No. 6 Page 7 of 12 ( ( WWILLDAN Ill EST/MA TE OF COST The total estimate of costs for maintenance of the proposed improvements for Fiscal Year 2017/2018, as defined under Section 22569 of the 1972 Act, are those as hereinafter set forth. Said cost estimates include the total District costs for constructing or installing any proposed improvements and for maintenance and servicing the existing improvements including incidental expenses; the amount of any surplus or deficit in the maintenance fund to be carried over from the previous year; any annual installments to be collected over more than a single year; as well as the amount of any contributions to be made from any other sources. A. CAPITAL IMPROVEMENT PROJECT FUND The planned projects for Fiscal Year 2017/2018 and their estimated costs are: B. SUMMARY OF TOTAL COSTS The City's budget for the operation and services costs detail the estimated costs and fund balances for Fiscal Year 2017/2018 as available at the time of preparation of this report. The 1972 Act provides that the total cost can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. The 1972 Act requires that a special fund be set-up for the revenue and expenditures of the district. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 151 must be carried over to the next fiscal year. 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 8 of 12 WWILLDAN <11 See Capital Improvement Project Fund Section Ill. A. 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 9 of 12 ( ( IV. BOUNDARY MAP A diagram showing the exterior boundaries of the District and the lines and dimension of each lot or parcel of land within the district is on file in the Office of the City Engineer and incorporated herein by reference. The lines and dimensions shown on the Los Angeles County Assessor's parcel maps for the current year are incorporated by reference and made part of this Report. 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 10 of 12 2017/2018 CITY OF WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 AVl,NUE ·. « ' " HF:MSTI:AO ! -.... --... " ..... cr'--1 '' City of West Covina Landscape Maintenance District No. 6 Page11of12 ( ( ( V. ASSESSMENT ROLL Parcel identification for each Jot or parcel within the District shall be the parcel as shown on the Los Angeles County Secured Roll for the year in which this Report is prepared and reflective of the Assessor's Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. 2017/2018 City of West Covina Landscape Maintenance District No. 6 Page 12 of 12 (2} 2% increase in maintenance cost each year due to inflation. West Covina landscape Maintenance District No. 6 1 O Year Fiscal Projection (3) Previously approved maximum highest rate of $650, may not be increased further without vote. > s i ~ z 9 (;.) ( ( ( ATTACHMENT NO. 4 . RESOLUTION NO. 2017-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2017-2018 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2017-2018) WHEREAS; this Assessment District is known as West Covina Landscape Maintenance District No. 6 and WHEREAS; it is proposed that said Maintenance District shall install, construct, maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the West Covina Landscape Maintenance District No. 6; and WHEREAS; since the 1996-1997 Fiscal Year annual confirmation of the levy of these assessment, the voters have adopted Proposition 218 (California Constitution, Article XIII D); and WHEREAS, the West Covina Landscape Maintenance District No. 6 is exempt from the ballot requirements of Proposition 218 providing the assessment does not increase pursuant to Article XIII D, § 3(b) (property owner consent to initial formation); and WHEREAS, no increased assessment, new improvements nor substantial changes in existing improvements within said West Covina Landscape Maintenance District No. 6 are proposed; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolves as follows: SECTION 1. That the above recitals are true and correct. SECTION 2. Willdan Financial Services shall prepare and file an Engineer's Report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being Division 15, Chapter 2 of the Streets and Highways Code of the State of California and Proposition 218 as applicable for confirmation of such assessments in the same amount commencing with Fiscal Year 2017-2018. SECTION 3. That a certified copy of this resolution be presented to Willdan Financial Services for information and guidance. SECTION 4. That the City Clerk of the City of West Covina shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 181h day of April 2017. Mayor Corey Warshaw ATTEST: City Clerk Nickolas S. Lewis I NICKOLAS S LEWIS do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at their regular meeting thereof held on the 181h day of April 2017, by the following vote of the City Council: AYES: NOES: ABSENT: APPROVED AS TO FORM Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis ( ( ATTACHMENT NO. 5 RESOLUTION NO. 2017-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 2017-25 adopted on April 18, 2017, pursuant to the provisions of Proposition 218 and the "Landscaping and Lighting Act of 1972", of the State of California, order Willdan Financial Services to make and file with the City Clerk of the City Council a report in writing, relating to assessments to fund the operation and maintenance of certain landscaping · and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District No. 6;and WHEREAS, the West Covina Landscape Maintenance District No. 6 is exempt from the ballot requirements of Proposition 218 providing the assessments do not increase pursuant to Article XIII D, § 3(b) (property owner consent to initial formation); and WHEREAS, on 13th day of April 2017, Willdan Financial Services filed in the Office of the City Clerk of said City, the report in writing responsive to the requirements of the Act and Proposition 218; and WHEREAS, said City Clerk has presented the said report to the City Council of said City and said Council has considered said report; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That the report of Willdan Financial Services which was filed in the Office of the City Clerk of the City of West Covina, California, on the 13th day of April 2017, is hereby preliminarily approved subject to modification at the Protest Hearing. SECTION 2. A) By the adoption of this resolution and preliminary approval of the Engineer's Report, the City Council declares its intention to levy and collect West Covina Landscape Maintenance Disttict No. 6 assessments in the amounts set out in the Engineer's Report to fund operation and maintenance of ce1iain landscaping and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District No. 6 commencing with Fiscal Year2017-2018. B) West Covina Landscape Maintenance District No. 6 is generally located in the easterly part of the City of West Covina on the westerly-facing slopes of the San Jose Hills. C) The existing and proposed improvements are generally described as to landscaping and irrigation in public open space areas within the boundaries of the district. D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district, any zones therein, and the proposed assessments. E) The improvements and assessments shall be done under Proposition 218 and the Landscaping and Lighting Act of 1972, as amended. F) The assessments shall be collected on the property tax bill with and subject to the same procedures and penalties for delinquency as general county property taxes. SECTION 3. Public Hearing: That a Public Hearing is set for Tuesday, June 6, 2017, at 7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue in the City of West Covina, to take the testimony on the issue of whether or not the assessments should be approved. SECTION 4. Publication: The City Clerk shall publish this resolution at least ten days before the hearing as required by Government Code § 54954.6 ( display ad). SECTION 5. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under § 15273 of the Guidelines. In addition, the capital improvements proposed for District No. 6 are of a minor nature and, therefore, categorically exempt from the requirements for Environmental Impact Report as Negative Declaration of Environmental Impact Report. SECTION 6. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 18th day of April 2017. Mayor Corey Warshaw ATTESTED: City Clerk Nickolas S. Lewis I NICKOLAS S. LEWIS HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 181h day of April 2017, by the following vote of the Council: AYES: NOES: ABSENT: APPROVED AS TO FORM: Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis DATE: TO: FROM: AGENDA ITEMNO. 10 AGENDA STAFF REPORT City of West Covina I Office of the City Manager April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 7 ORDERING OF ENGINEER'S REPORT, PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT, DECLARATION OF INTENT TO SET A PUBLIC HEARING AND FUNDING THAT THIS ACTION IS STATUTORILY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW RECOMMENDATION: ( It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-27 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2017-2018 RESOLUTION NO. 2017-28 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT BACKGROUND: ( Landscape Maintenance District No. 7 (LMD7) was established in 1980 at the request of the owner of the development in lieu of forming a Homeowners' Association. LMD7 is generally located in the easterly end of the City. The funds collected by the district are used to maintain landscaping and inigation in public open space areas within its boundaries. Currently, LMD7 contains 348 improved and 32 unimproved single-family residential parcels. When development is 100 percent complete, Renewal of Landscape Maintenance District No. 7 Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report Page 2 of3-April 18, 2017 LMD7 will contain 3 80 developed single residential parcels, 23 acres oflandscaped and irrigated area, and 105 acres of natural area. DISCUSSION: The Landscaping and Lighting Act of 1972 specifies the procedures for renewal of landscape maintenance districts. The initial step of the renewal process is to adopt the resolution ordering the Engineer's Report. This report has been completed and includes plans and specifications for improvements, estimated costs, assessment diagrams, and assessments spread to cover the estimated costs. The report was prepared in accordance with Division 15, Article 4, Chapter 1, Part 2 of the California Streets and Highways Code. The next step in the renewal process is the preliminary approval of the Engineer's Report and adoption of the Resolution of Intention concerning the levy and collection of assessments for LMD7. Also, staff is recommending setting a public hearing date of June 6, 2017 as required in the Landscaping and Lighting Act of 1972. At the public hearing, the City Council will consider all written and oral comments regarding the level of assessments, and the maintenance and capital improvement work proposed for LMD7. The renewal process requires that a public notice be posted and published in a locally circulated newspaper, but does not require notices be mailed to each resident. Upon the conclusion of the hearing, the City Council should adopt a resolution confirming the diagram and assessment levy either as proposed or as changed by the City Council. At this time, staff is recommends that the assessment rates be maintained at their current levels for Fiscal Year 2017-2018. The annual assessment rates for LMD7 will be maintained at $464.06 per developed lot and $139.22 per undeveloped lot. LEGAL REVIEW: The City Attorney has reviewed and approved the resolutions. OPTIONS: The City Council has the following options: I. Adopt staff's recommendation to maintain the assessment rates at their current levels. The attached "IO-Year Fiscal Projection" shows rates being maintained at their current levels and the reserve levels over the next 10 years; 2. Reduce the assessment rates; LMD7' s reserves will be depleted at a faster pace requiring the City's General Fund to subsidize the district; 3. Increase the assessment rates above the previously approved maximum amounts. LMD7 would need to comply with the mail ballot provision of Proposition 218. In Fiscal Year 2009-2010, a mail ballot election on a proposed increase of the assessment rates was processed and not approved by the property owners; or 4. To not renew the district. If the City Council does not wish to continue the districts and wishes to fund the districts from the General Fund, the resolutions are not necessary. Renewal of Landscape Maintenance District No. 7 Orde1ing of Engineer's Report and Preliminary Approval of the Engineer's Report Page 3 of3 -April 18,2017 FISCAL IMPACT: The Fiscal Year 2017-2018 Engineer's Report for LMD7 recommends that the assessment rates be maintained at their current levels. The annual assessment rates for LMD7 will be maintained at $464.06 per improved lot and $139.22 per unimproved lot. The total projected revenue is $167,948 including interest. Including the $304,650 balance from the previous year, the total funds available is $472,598. The preliminary operating budget for LMD7 for Fiscal Year 2017-2018 is $219,807 which is an increase of 10% compared to the approved/amended budget for Fiscal Year 2016-2017. The proposed operating budget funds not only the regular landscape maintenance, but is also able to fund some improvements, such as irrigation system improvements and enhancement to existing landscaping. Staff is proposing three new capital improvements, namely: (1) basic maintenance and concrete repairs in the amount of $10,000; (2) tree trimming and brush control in the amount of $25,000; and (3) drought tolerant landscaping and water-wise irrigation improvements in the amount of$150,000. The total cost of proposed CIP projects is $185,000 for Fiscal Year 2017-2018. Upon 100% completion of the development within LMD7, there will be 380 improved residential lots. The district's open space area will increase to 25 acres of landscaped and irrigated areas and 105 acres of open space, for a total of 130 acres. The total cost to maintain these areas is estimated at $200,000. There are no legal requirements or formal guidelines for the amount of reserves in an assessment district; however, at least 50% is required to cover cash flow. A reserve between 100% and 200% is recommended by staff to cover cash flow, future capital projects, emergencies, and as a benefit it also provides interest income. Prepared by: ;Uc;LZL-----? Miguel Hernandez Public Works Project Supervisor ATTACHMENTS: Attachment No. 1 -15 Year Rate History Reviewed and Approved by: Del no "Chino" <;;on nji, P .E. Public Works Di&efor / City Engineer ~~ Finance Director Attachment No. 2 -Landscape Maintenance District No. 4 Engineer's Report Attachment No. 3 -10 Year Fiscal Projection Attachment No. 4-Resolution No. 2017-27 Attachment No. 5 -Resolution No. 2017-28 ATTACHMENTN0.1 ( West Covina Landscape Maintenance District No.7 15 Rate History ( ( ATTACHMENT NO. 2 City of West Covinil · Landscap~ Mainter1al'lc:t:f' ··· · ·· ·. District No. 7 c 2017/201.8 ENGINEER'S REPORT Intent Meeting: Apri) 18, 2017 Public Hearing:)une 06, 2017 ENGINEER'S REPORT AFFIDAVIT City of West Covina Landscape Maintenance District No. 7 City of West Covina, County of Los Angeles, State of California This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2017/2018 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this _____ day of_'-'-----'---'' 2017. Willdan Financial Services Assessment Engineer On Behalf of the City of West Covina By: ____________ _ Susana Medina, Project Manager District Administration Services By: ____________ _ Richard Kopecky R. C. E. # 16742 ( TABLE OF CONTENTS OVERVIEW ............................................................................................................................... 1 I. PLANS AND SPECIFICATIONS .............................................•...................................... 4 A. DESCRIPTION OF WORK ......................................................................................... .4 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ..............................•........•...•. 4 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES ..........................•........•...•. 6 II. METHOD OF APPORTIONMENT .................................................................................. 6 A. BENEFIT ANALYSIS .................•.................................•.............•................................. 7 B. ASSESSMENT METHODOLOGY ..............•............................................................... 7 Ill. ESTIMATE OF COSTS .................................................................................................... 9 A. CAPITAL IMPROVEMENT PROJECT FUND ........................................................... 9 B. SUMMARY OF TOTAL COSTS ........•..........................................•..•.......................... 9 ( IV. BOUNDARY MAP .......................................................................................................... 11 V. ASSESSMENT ROLL .................................................................................................... 13 ( OVERVIEW The City of West Covina ("City"), annually levies and collects assessments. in order to provide and maintain facilities, improvements and services within Landscape Maintenance District No. 7 ("District"). The District was. established in 1980 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code ("1972 Act"). The District was created at the request of the owner of the development in lieu of forming a Homeowner's Association. The funds collected by the District are used to maintain landscaping and irrigation in public open space areas within its boundaries. The Engineer's Report ("Report") has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments for Fiscal Year 2017/2018. · This Report describes the District, the improvements and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2017/2018. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscape improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the landscape improvements and based upon available revenues including fund balances, City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number ("APN") by the County Assessor's Office. The County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 1 of 13 ( ( confirmation of the assessments the Councii will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel. While the budgets outlined in this Report reflect the estimated costs necessary to fully and adequately provide for the maintenance and operation of the improvements within the District, many of these estimated costs and associated services cannot be funded by the current assessment revenues and contributions from the City. To fully fund the improvements, it will be necessary to increase assessment revenues which will require the support of the property owners for new or increased assessments through a ballot proceeding conducted under the provisions of the California Constitution Article XIIID. Although such proceedings are not being conducted this fiscal year and the proposed District assessments for Fiscal Year 2017/2018 are not being increased over the assessments levied in the prior fiscal year, such assessment increases may be considered in the future due to the rising costs associated with the District improvements. As required by the 1972 Act, this Engineer's Report describes the improvements to be operated, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for Fiscal Year 2017/2018. This Report consists of.five (5) parts: Part I Plans and Specifications: A general description · of the District and the improvements for which parcels are assessed. The proposed assessments as outlined in this Report are based on the improvements that provide a special benefit to the properties within the District. The plans and specifications contained in this Report generally describe the nature, location and extent of the improvements. Part II Method of Apportionment: A description of how the proportionate amount of the assessments is to be charged in proportion to the benefits received by each lot or parcel within the boundaries of the District. Part Ill Estimate of Costs: An estimate of the annual costs to properly operate, maintain, and service the landscape improvements and appurtenant facilities. This budget includes an estimate of the maintenance costs and incidental expenses including, but not limited to: labor, materials, equipment and administration expenses as well as the collection of appropriate funding necessary to properly support the improvements. 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 2 of 13 Not all services and costs identified in these budgets can be supported by the current assessment revenues and City contributions, and as such, City staff shall make the determination of which services and activities shall be provided based on available revenues. Part IV Boundary Map: A Diagram showing the boundaries of the District is provided in this Report and includes all .parcels determined to receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the . District are shown on the Los Angeles County Assessor's Parcel Maps, and shall include. any subsequent lot .line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of lahd within the District. A diagram showing the overall boundaries of the District is onfile with the City Clerk and the Office of the City Engineer, and by reference is made part of this Report. PartV . Assessment Roll: A listing of the assessment amount associated with each parcel within the District. The assessments presented herein are unchanged from the previous fiscal year. 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 3 of 13 { ( l PLANS AND SPECIF/CATIONS A. DESCRIPTION OF WORK The existing facilities to be maintained and serviced include public open spaces and manufactured slopes and appurtenant facilities. Upon completion, the District will contain 23 acres of landscaped and irrigated areas and 105 acres of natural open space. The District will fund the costs in connection with the District maintenance and servicing including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other expenses necessary for the satisfactory operation of these facilities. The facilities are described as follows: Landscaping and Appurtenant Facilities Facilities include but are not limited to: trees, irrigation system, hardscape, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public open space areas and dedicated easements within the boundaries of the District. "Maintenance" means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of water for the irrigation of landscaping and the maintenance or operation of landscaping or appurtenant facilities. B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: 2017/2018 • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or City of West Covina Landscape Maintenance District No. 7 Page 4 of 13 servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; · • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: 2017/2018 • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. City of West Covina Landscape Maintenance District No. 7 Page 5 of 13 ( ( C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The District is generally located in the easterly end of the City on the north-facing slopes of the San Jose Hills. Currently, the District contains 348 improved single- family residential parcels, approximately 19.5 acres of landscaped and irrigated areas and 92 acres of natural area that is only 91 percent developed. When development is 100 percent complete, the District will contain 380 improved single residential parcels, 23 acres of landscaped and irrigated area, and 105 acres of natur~I area. The following outlines the various improvements associated with the properties and developments throughout the District. The detailed plans and specifications of the District Improvements are on file in the office of the City Public Works Department and by reference are made part of this Report. For Fiscal Year 2017/2018, new improvements: • Basic maintenance and repair of path ways, electrical equipment, and irrigation system • Increased tree trimming cost to move to a 5-year cycle • Drought tolerant landscaping and water-wise irrigation improvements ll METHODOFAPPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Because assessments are levied on the basis of benefit, they are not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Pursuant to Section 2257 4 of the 1972 Act permits the designation of zones of benefits within any individual assessment district if "by reason of variation in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." The 1972 Act also permits certain parcels to be exempt from assessment. Excluded from these assessments are areas of all publicly owned property such as: public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all 201712018 City of West Covina Landscape Maintenance District No. 7 Page 6 of 13 s~WlfLDAN · ··········.·.··.·.·,··.·,, public easements, and right-of-way's, all public parks, public greenbelts and parkways, and all public property being used for public purposes. However, per Proposition 218, any publicly owned property that benefits from District improvements shall be assessed it's proportional share of District costs. The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided in order to fairly ap~ortion the costs based on estimated benefit to each parcel. A. BENEFIT ANALYSIS All parcels in the City of West Covina Landscape Maintenance. District No. 7 derive benefit from the open space maintenance. The intent of this report is to establish a methodology that fairly distributes the cost of the system in relation to the benefit received. The assessment ratio for all properties is based on dwelling units. Each single family residential parcel, condominium complex, apartment, duplex, triplex, mobile home park, and other developed or undeveloped land is assessed per dwelling unit. This pro-ration accounts for an adjustment for street right-of-way's and public easements. B. ASSESSMENT METHODOLOGY The method of apportionment utilized for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels. The special benefit received by each lot or parcel is equated to the overall land use .of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned or existing within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire. scope of the improvements. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with Section 4 of Article XIIID, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels of the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The assessment methodology and assessment rates proposed for Fiscal Year 2017/2018 determined that all parcels receive special benefit for the landscape maintenance. In order to continue to provide the current level of maintenance services, the budget is proposed to be maintained at the Fiscal Year 2016/2017 level. Therefore, the assessment rates for Fiscal Year 2017/2018 are not proposed to be increased. 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 7 of 13 ( ( Zone classifications depends on whether a parcel is improved or unimproved, those properties that are improved receive the greater benefit from the service provided. Zone C1 -All unimproved parcels within the District. There are 32 unimproved parcels. Zone C2 -All improved parcels within the District. There are 348 improved parcels. The land-use classification for each parcel has been based on the Fiscal Year 2016/2017 Los Angeles County Auditor/Controller's Assessment Roll. The following table summarizes the different assessment rates for the different zone classifications, and compares the proposed assessment with the prior year's assessment. 2017/2018 City of West Covina Landscape Maintenance District No. 7 FY 2017/2018 Preliminary Assessment Summary and Comparison City of West Covina Landscape Maintenance District No. 7 Page 8 of 13 .WttlbAN il,l-l -----------------------· Ill EST/MA TE OF COSTS The total estimate of costs for maintenance of the proposed improvements for Fiscal Year 2017/2018, as defined under Section 22569 of the 1972 Act, are those as hereinafter set forth. Said cost estimates include the total District costs for constructing or installing any proposed improvements and for maintenance and servicing the existing improvements including incidental expenses; the amount of any surplus or deficit in the mainte11ance fund to be carried over from the previous year; any annual installments to be collected over more than a single year; as well as the amount of any contributions to be made from any other sources. A. CAPITAL IMPROVEMENT PROJECT FUND The projects planned for Fiscal Year 2017/2018 and their estimated costs are: B. SUMMARY OF TOTAL COSTS The City's budget for the operation and services costs detail the estimated costs and fund balances for Fiscal Year 2017/2018 as available at the time of preparation of this report. The 1972 Act provides that the total cost can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the District proceedings'. The 1972 Act requires that a special fund be set-up for the revenue and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1st must be carried over to the next fiscal year. 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 9 of 13 -, ( 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 10 of13 j"' ." ( ( 2017/2018 CITY OF WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 City of West Covina Landscape Maintenance District No. 7 Page 12 of 13 II. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Los Angeles County Secured Roll for the year in which this Report is · prepared and reflective of the Assessor's Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. 2017/2018 City of West Covina Landscape Maintenance District No. 7 Page 13 of 13 Notes: (1) Interest is 0.4% of one-half of the previous year ending balance. (2) 2% increase in maintenance cost each year due to inflation. - West Covina Landscape Maintenance District No. 7 10 Year Fiscal Projection • ,-., . ,C'.'$257;539',~~'$i~2;6'!fO; ••••• __ .. 10i!;~;;i;~~~~i;t~;~ -•tsso;,i2a)'.r,"!;.11t~o::SlJ4) ." < >' . · .('"".!Hl:f: f:./r"Y1'l;'!1;~.--.. ·,; •· $464.06'{(:;'c:••J\:'64:06 . $139'.22.)' ,.'.~jj@.2/ ~ ~ i >-3 z 9 <.;, ', . ·, ( ATTACHMENT NO. 4 RESOLUTION NO. 2017-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2017-2018 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2017-2018) WHEREAS; this Assessment District is known as West Covina Landscape Maintenance District No. 7; and WHEREAS; it is proposed that said Maintenance District shall install, construct, maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the West Covina Landscape Maintenance District No. 7; and WHEREAS; since the 1996-1997 Fiscal Year annual confirmation of the levy of these assessment, the voters have adopted Proposition 218 (California Constitution, Article XIII D); and WHEREAS, the West Covina Landscape Maintenance District No. 7 is exempt from the ballot requirements of Proposition 218 providing the assessments do not increase pursuant to Article XIII D, § 3(b) (property owner consent to initial formation); and WHEREAS, no increased assessments, new improvements nor substantial changes in existing improvements within said West Covina Landscape Maintenance District No. 7 are proposed; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolves as follows: SECTION 1. That the above recitals are true and correct. SECTION 2. That Willdan Financial Services shall prepare and file an Engineer's Report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being Division 15, Chapter 2 of the Streets and Highways Code of the State of California and Proposition 218 as applicable for confirmation of such assessments in the same amount commencing with Fiscal Year 2017-2018. SECTION 3. That a certified copy of this resolution be presented to Willdan Financial Services for information and guidance. SECTION 4. That the City Clerk of the City of West Covina shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 18th day April 2017. Mayor Corey Warshaw ATTEST: City Clerk Nickolas S. Lewis I NICKOLAS S LEWIS do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at their regular meeting thereof held on the 18th day of April 2017, by the following vote of the City Council: AYES: NOES: ABSENT: APPROVED AS TO FORM Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis Z:\RESOLUTION -2017\MD7 Intent Meeting -Order ER_ Attach4 2017-18.docx ( ( ( ATTACHMENT NO. 5 RESOLUTION NO. 2017-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 2017-27 adopted on April 18, 2017, pursuant to the provisions of Proposition 218 and the "Landscaping and Lighting Act of 1972," of the State of California, ordered Willdan Financial Services to make and file with the City Clerk of the City Council a report in writing, relating to assessments to fund the operation and maintenance of certain landscaping and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District No. 7; and WHEREAS, the West Covina Landscape Maintenance District No. 7 is exempt from the ballot requirements of Proposition 218 providing the assessments do not increase pursuant to Article XIII D, § 3(b) (property owner consent to initial formation); and WHEREAS, on the 18'h day of April 2017, Willdan Financial Services filed in the Office of the City Clerk of said City, the report in writing responsive to the requirements of the Act and Proposition 218; and WHEREAS, said City Clerk has presented said report to the City Council of said City and said Council has considered said report; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That the report of Willdan Financial Services which was filed in the Office of the City Clerk of the City of West Covina, California, on the 181h day of April 2017, is hereby preliminarily approved subject to modification at the Protest Hearing. SECTION 2. A) By the adoption of this resolution and preliminary approval of the Engineer's Report, the City Council declares its intention to levy and collect West Covina Landscape Maintenance District No. 7 assessments in the amounts set out in the Engineer's Report to fuod operation and maintenance of certain landscaping and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District No. 7, commencing with Fiscal Year 2017-2018. B) West Covina Landscape Maintenance District No. 7 is generally located in the easterly part of the City of West Covina on the north-facing slopes of the San Jose Hills. C) The existing and proposed improvements are generally described as to landscaping and irrigation in public open space areas within the boundaries of the district. D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district, any zones therein, and the proposed assessments. E) The improvements and assessments shall be done under Proposition 218 and the Landscaping and Lighting Act of 1972, as amended. F) The assessments shall be collected on the property tax bill with and subject to the same procedures and penalties for delinquency as general county property taxes. SECTION 3. Public Hearing: That a Public Hearing is set for Tuesday, June 6, 2017, at 7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue in the City of West Covina, to take the testimony on the issue of whether or not the assessments should be approved. SECTION 4. Publication: The City Clerk shall publish this resolution at least ten days before the hearing as required by Government Code§ 54954.6 (display ad). SECTION 5. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under § 15273 of the Guidelines. In addition, the capital improvements proposed for District No. 7 are of a minor nature and, therefore, categorically exempt from the requirements for Environmental Impact Report as Negative Declaration of Environmental Impact Report. SECTION 6. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 18th day of April 2017. Mayor Corey Warshaw ATTESTED: City Clerk Nickolas S. Lewis I NICKOLAS S. LEWIS HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of April 2017, by the following vote of the Council: AYES: NOES: ABSENT: APPROVED AS TO FORM: Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis ( ( ( AGENDA ITEMNO. 11 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: FROM: Mayor and City Council Chris Freeland City Manager SUBJECT: RENEW AL OF THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT RECOMMENDATION: It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-29 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREP ARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN-LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 RESOLUTION NO. 2017-30 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT Renewal of Citywide Lighting and Maintenance District and Preliminary Approval of Engineer's Report Page2 of6-April 18,2017 BACKGROUND: The Citywide Lighting and Maintenance District was established in 1976. As the name implies, this district encompasses the entire City. Prior to Fiscal Year 1997-1998, the Citywide District funded a variety of public improvements aud services which included: street tree maintenance, median maintenance, park maintenance, municipal pool maintenance, area lighting maintenance, traffic signal maintenance, traffic engineering, and street lighting engineering. Since the passage of Proposition 218 in November 1996, and the subsequent property owner approval in July 1997, the Citywide District assessment currently funds only those services that have been designated as a "Special Benefit", which is the maintenance of most of the street lights and street trees within the City. The Citywide Lighting and Maintenance District funds the operation and maintenance of assessable (special benefit) street trees and street lighting. These funds are used for the operations and maintenance of street lights, trimming of street trees, and removal and replacement of diseased street trees. DISCUSSION: The 1972 Act specifies the procedures for annual renewals of maintenance districts. The first step in the process is the adoption of a resolution ordering the "Engineer's Report" for each district. The Engineer's Report, prepared by Willdan Financial Services, includes plans and specifications for improvements, estimated costs, an assessment diagram, and assessment spread for the estimated costs, which upon completion are filed with the Office of the City Clerk. Reports are ordered in accordance with Division 15, Article 4, Chapter 1, Part 2 of the California Streets and Highways Code. The City's General Fund finances a portion of the Citywide District through the City's payment of assessments on City-owned properties in the amount of about $37,606. In addition, the Successor Agency of the City of West Covina is projected to pay an assessment amount of about $198 to the Citywide District for the parcels owned by the former Redevelopment Agency. At this time, this is an enforceable obligation cost of the Successor Agency, and paid through the Recognized Obligation Payment Schedule (ROPS) funds. Cost estimates based upon the projected operating and capital budgets for each district will be prepated. Assessment rates sufficient to fund all eligible services will be recommended based upon these cost estimates including contingencies. The voter-approved rates for the Citywide District included a provision for not more than a 2% annual increase based on the Consumer Price Index (CPI). The CPI for a one-year period from March 2016 to March 2017 for the Los Angeles, Riverside, and Orange County ateas is not available at this time. Therefore, current rates are set at the max of 2%. The necessity for any increases will be evaluated as part of the Engineer's Reports. The Citywide Lighting and Maintenance District funds the operation and maintenance of assessable (special benefit) street trees and street lighting. These funds ate used for the operations and maintenance of street lights, trimming of street trees, and removal and replacement of diseased street trees. ( ( ( Renewal of Citywide Lighting and Maintenance District and Preliminary Approval of Engineer's Report Page 3 of 6 -April 18, 2017 Since the assessments for the Citywide Lighting and Maintenance District were approved in a mailed ballot election in July 1997, in accordance with Proposition 218, the renewal for the district can be completed in accordance with the requirements of the Landscaping and Lighting Act of 1972, provided the assessment rates and/or the assessment methodology do not change. The 1997 ballot election included a provision for annual rate increases not exceeding the annual Consumer Price Index (CPI) or whichever is less. This year's proposed rate increase is 12%. Upon completion of the Engineer's Reports, the City Council will review the documents and set dates for public meetings and hearings as required. · At the public hearings, the City Council shall consider all comments for and against the proposed assessment. The next step in the renewal process is the preliminary approval of the Engineer's Report and adoption of Resolution of Intention concerning the levy and collection of assessments for each district. Also, a date for a public hearing must be set as required in the 1972 Act. At the public hearing, the City Council will consider any written and oral comments regarding the level of assessments and proposed maintenance and capital improvement work within the district. The public hearing requires a public notice be posted and published in a locally circulated newspaper, but does not require notices be mailed to each resident. Upon the conclusion of the hearing, the City Council should adopt a resolution confirming the Engineer's Report and assessment levy either as proposed or as modified by the City Council. LEGAL REVIEW: The City Attorney has reviewed and approved the resolutions. OPTIONS: The City Council has the following options: 1. Adopt staffs recommendation to increase current assessment rates by 12%. This would generate an additional $196,920 in street lights and street trees assessment; Because the proposed rate increase is more than the CPI, the City Council must conduct a mailed ballot election 45 days after mailed notice to the property owners; or 2. Increase current assessment rates by 2%. This would generate an additional $34,108 in street lights and street trees assessment; or 3. Maintain the current assessment rates. Maintaining the rates at their current levels (0% increase) would deplete the reserves at a faster pace and require the General Fund to subsidize the district in future years; or 4. To not renew the district. If the City Council does not wish to continue the districts and wishes to fund the district using General Fund, the resolutions are not necessary. Renewal of Citywide Lightiog and Maiotenance District and Preliminary Approval ofEngioeer's Report Page 4 of 6 -April 18, 2017 FISCAL IMPACT: For Fiscal Year 2017-2018, the Engineer's Report for the Citywide Lighting and Maintenance District proposes to increase the assessment rates by 12% from their current levels, which would generate an additional $196,920 in assessments. The total projected income from the recommended rates is $1,859,966. Including the $336 interest and $941,599 balance from the previous year, the total funding available is $2,801,901. The assessment rates in the district are based on the Equivalent Dwelling Unit (EDU) method. In this methodology, a single-family residential parcel will equal one EDU and pay an assessment of$57.45 per year, an increase of$6.I7 per year from Fiscal Year 2016-2017. The following table shows the effect of the proposed assessment rate increase on the various land uses in the district. PROPOSED ASSESSMENT RATES BY LAND USE AC= acre DU = dwelling unit ( ( Renewal of Citywide Lighting and Maintenance District and Preliminary Approval of Engineer's Report Page 5 of6-April 18, 2017 The proposed operating budget for the distiict is $1,859,966, which reflects an increase of23.2% from the approved/amended budget for Fiscal Year 2016-2017. The 23.2% increase is mainly due to the City Council's approval of performing tree trimming services on a 5-year cycle. The 2017-2018 operating budget for the district includes an administration and overhead charge of $76,880, personnel costs of$120,970, energy costs of$1,075,200, maintenance contract costs of $300,247, property and liability insurance costs of $71,489, and $52,389 indirect maintenance costs. The administration and overhead costs are derived from support services provided by various departments including: the City Manager's Office, City Attorney's Office, City Clerk's Office, Finance Department, and Human Resources Department. Support services include but not limited to payroll, personnel recruitment, insurance claims, audits, budgets, and purchasing. For Fiscal Year 2017-2018, staff is proposing two capital improvement projects (CIP), namely: 1) install new street lights Citywide as necessary in the amount of $50,000; 2) additional tree trimming Citywide as necessary in the amount of $135,000. The total estimated cost of CIP for Fiscal Year 2017-2018 is $185,000. The reserves are projected to be approximately $756,935 by the end of Fiscal Year 2017-2018. These reserves partially cover the cash flow, which is needed to pay monthly expenses while income is received twice per year. The amount necessary to avoid a net negative cash flow over the period of one year is $929,983, which is one-half of the proposed operating budget. The City's General Fund will be used to cover the temporary cash flow deficiencies and later reimbursed when district funds become available. Since the City of West Covina is not exempt from assessments for this district, the City's total assessment is about $37,606. The City pays this assessment using General Funds within the non- departmental operating budget. There are no legal requirements or formal guidelines for the amount of reserves in an assessment district; however, at least 50% is required to cover cash flow. A reserve between 100% and 200% is recommended by staff to cover cash flow, future capital projects, emergencies, and as a benefit, it also provides interest income. In an effort to reduce energy costs for the district, staff looked into the cost of converting the lamps for the street lights from High Pressure Sodium Vapor (HPSV) to Light Emitting Diodes (LED). There are approximately 9,045 street lights within the City. Of these, about 8,235 street lights are owned and operated by Southern California Edison. The cost to convert to LED would be about $500 per light for a total of $4.5 million. The wattage used for LED light is about half what is needed for the HPSV lights, resulting in a cost savings of about $135,000 per year. Taking the conversion cost estimate into account, the payback would approximately be 33 years. Renewal of Citywide Lighting and Maintenance District and Preliminary Approval of Engineer's Report Page 6 of6-April 18, 2017 Prepared by: ~:ala~ Public Works Project Supervisor ATTACHMENTS: Attachment No. 1-15 Year Rate History Reviewed and Approved by: Approved Via Email Delfino "Chino" Consunji, P .E. Public Works Director I City Engineer ~ Christa Buhagiar Finance Director Attachment No. 2 -Citywide Lighting and Landscape Engineer's Report Attachment No. 3 -10 Year Fiscal Projection Attachment No. 4 -Resolution No. 2017-29 Attachment No. 5 -Resolution No. 2017-30 ( ( ( ATTACHMENT NO. 1 CITYWIDE LIGHTING AND MAINTENANCE DISTRICT 15 YEAR RATE HISTORY Fiscal Year Assessment . ijti) pd~~(} . . . I•·•· > .. >?<· I ••· .71!l7H20l8 Jr •··.·.···· .... /·····.···· -,_-,:_ :.'. · ..... ·. C'.·'. 2016-2017 $ 51.28 2015-2016 $ 50.41 2014-2015 $ 50.15 2013-2014 $ 49.66 2012-2013 $ 48.69 2011-2012 $ 47.73 2010-2011 $ 46.81 2009-2010 $ 45.94 2008-2009 $ 45.89 2007-2008 $ 44.98 2006-2007 $ 44.10 2005-2006 $ 43.23 2004-2005 $ 42.39 2003-2004 $ 41.60 04/12/2017RATECWD ATTACHMENT NO. 2 City of West Covina Citywide Lighting & Maintenance District 2017 /2018 ENGINEER'S REPORT Intent Meeting: April 18, 2017 Public Hearing: June 06, 2017 Ww1LLDAN ,WWILLDAN ENGINEER'S REPORT AFFIDAVIT City of West Covina Citywide Lighting and Maintenance District City of West Covina, County of Los Angeles, State of California This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2017/2018 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this _____ day of ______ , 2017. Willdan Financial Services Assessment Engineer On Behalf of the City of West Covina By: ____________ _ Susana Medina, Project Manager District Administration Services By:------------- Richard Kopecky R. C. E. # 16742 ( TABLE OF CONTENTS OVERVIEW ............................................................................................................................... 1 I. PLANS AND SPECIFICATIONS .................................................................................... 4 A. DESCRIPTION OF WORK .......................................................................................... 4 8. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ............................................. 5 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES ......................................... 6 11. METHOD OF APPORTIONMENT .................................................................................. 7 A. BENEFIT ANALYSIS ................................................................................................... 7 8. ASSESSMENT METHODOLOGY .............................................................................. 9 C. ASSESSMENT RANGE FORMULA ........................................................................ 16 111. ESTIMATE OF COSTS .................................................................................................. 17 A. CAPITAL IMPROVEMENT PROJECT FUND ......................................................... 17 ( 8. SUMMARY OF OPERA TING COSTS ..................................................................... 18 C. SUMMARY OF TOTAL COSTS ............................................................................... 19 IV. BOUNDARY MAP .......................................................................................................... 21 V. ASSESSMENT ROLL .................................................................................................... 21 W'WILLDAN OVERVIEW The City of West Covina ("City"), annually levies and collects assessments in order to provide and maintain facilities, improvements and services within the Citywide Lighting and Maintenance District ("District"). The District was established in 1976 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code ("1972 Act"). Prior to Fiscal Year 1997/1998 the District funded a variety of public improvements and services which included: street tree maintenance, median maintenance, park maintenance, municipal pool maintenance, area lighting maintenance, traffic signal maintenance, traffic engineering, and street lighting engineering. Since the passage of Proposition 218 in November 1996 and the subsequent property owner approval in July 1997, the District assessment currently funds only those services that have been designated as a "Special Benefit", which is the maintenance of most of the street lights and street trees within the City. These funds are used for the operations and maintenance of street lights, trimming of street trees, and removal and replacement of diseased street trees. The Engineer's Report ("Report") has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments for Fiscal Year 2017/2018. This Report describes the District, the improvements and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2017/2018. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscape improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the landscape improvements and based upon available revenues including fund balances, City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number ("APN") by the County Assessor's Office. The County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 1 of 25 ( ( WWILLDAN Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel. While the budgets outlined in this Report reflect the estimated costs necessary to fully and adequately provide for the maintenance and operation of the improvements within the District, many of these estimated costs and associated services cannot be funded by the current assessment revenues and contributions from the City. To fully fund the improvements, it may be necessary to increase assessment revenues by a percentage no greater than the percentage increase of the Los Angeles-Riverside- Orange County Consumer Price Index ("CPI") as published by the Department of Labor's Bureau of Labor Statistics or 2% whichever is less. This will require the support of the property owners for new or increased assessments through a ballot proceeding conducted under the provisions of the California Constitution Article XIIID. As required by the 1972 Act, this Engineer's Report describes the improvements to be operated, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for Fiscal Year 2017/2018. This Report consists of five (5) parts: Part I Plans and Specifications: A general description of the District and the improvements for which parcels are assessed. The proposed assessments as outlined in this Report are based on the improvements that provide a special benefit to the properties within the District. The plans and specifications contained in this Report generally describe the nature, location and extent of the improvements. Part II Method of Apportionment: A description of how the proportionate amount of the assessments is to be charged in proportion to the benefits received by each lot or parcel within the boundaries of the District. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 2 of 25 WWILLDAN Part Ill Estimate of Costs: An estimate of the annual costs to properly operate, maintain, and service the landscape improvements and appurtenant facilities. This budget includes an estimate of the maintenance costs and incidental expenses including, but not limited to: labor, materials, equipment and administration expenses as well as the collection of appropriate funding necessary to properly support the improvements. Not all services and costs identified in these budgets can be supported by the current assessment revenues and City contributions, and as such, City staff shall make the determination of which services and activities shall be provided based on available revenues. Part IV Boundary Map: A Diagram showing the boundaries of the District is provided in this Report and includes all parcels determined to receive special benefits from the improvements. Parcel identification, the lines and dimensions of each Jot, parcel and subdivision of land within the District are shown on the Los Angeles County Assessor's Parcel Maps, and shall include any subsequent Jot line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. A diagram showing the overall boundaries of the District is on file with the City Clerk and the Office of the City Engineer, and by reference is made part of this Report. PartV Assessment Roll: A listing of the assessment amount associated with each parcel within the District. The assessments presented herein are unchanged from the previous fiscal year. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 3 of25 ( WWILLDAN l PLANS AND SPECIF/CATIONS A. DESCRIPTION OF WORK The existing facilities to be maintained and serviced include street lighting facilities and street trees. The District will fund the costs in connection with the district maintenance and servicing including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other expenses necessary for the satisfactory operation of these facilities. The facilities are described as follows: Landscaping and Appurtenant Facilities Facilities include but are not limited to: trees, irrigation system, hardscape, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public right-of-ways, parkways, and dedicated easements within the boundaries of the District. Lighting and Appurtenant Facilities Facilities include but are not limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in the public right-of-ways and dedicated easements within the boundaries of the District. The public lighting system shall be maintained to provide adequate illumination. Electricity for street lights shall be furnished by the Southern California Edison Company, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. "Maintenance" means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste. "Servicing" means the furnishing of water for the irrigation of landscaping and the maintenance of any of the public lighting facilities and furnishing of electrical energy for the public lighting facilities or for the lighting or operation of landscaping or appurtenant facilities. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 4 of25 Ww1LLDAN 8. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which. are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 5 of 25 ( WwrLLDAN • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The following outlines the various improvements associated with the properties and developments throughout the District. The detailed plans and specifications of the District Improvements are on file in the office of the City Public Works Department and by reference are made part of this Report. For Fiscal Year 2017/2018, proposed new improvements: • Install new street lights as required • Increased tree trimming cost to move to a 5-year cycle 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 6 of 25 W'WILLDAN II. METHOD OF APPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Pursuant to Section 2257 4 of the 1972 Act permits the designation of zones of benefits within any individual assessment district if "by reason of variation in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." In addition, Proposition 218 (Prop. 218), the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide Ballot, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Prop. 218 provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided in order to fairly apportion the costs based on estimated benefit to each parcel. A. BENEFIT ANALYSIS The assessment is proposed to be levied to defray the cost.of the operation, servicing, and maintenance of street trees and street lighting and appurtenant facilities, including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services. Street Lighting Benefit: Proper maintenance and operation of the street lighting system benefits in proximity adjacent to the lights by providing security, safety and community character, and vitality. The amount of benefit received will vary with the different land use on the property. There are three categories from which the total special benefit of a parcel is derived: 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 7 of 25 Ww1LLDAN 1. Security and Safety Benefit. The prevention of crime, the alleviation of the fear of crime, and the prevention of traffic accidents in a community. 2. Community Character and Vitality Benefit. The promotion of social interaction, promotion of business and industry, and the contribution to a positive night time visual image for the community. 3. Lighting Intensity Benefit. As the lighting levels increase, so do the benefits associated with the lighting. Lighting Standards usually require approximately twice the level of lighting in commercial/industrial areas than in residential areas. Parcels, which are located on streets with street lights, receive a special lighting benefit. Parcels which are located on private streets receive a substantially reduced benefit from local lighting, parcel which do not have any local street lights receive no benefit from street lighting. Lighting at the street intersection, which is defined as safety lighting, is considered to be the minimum lighting requirement for vehicular safety; therefore, safety lighting represents the general benefit portion of street lighting. Additionally, lights, which are on arterials of the City, which do not have parcels fronting on them, are considered a general benefit. Those general benefit portions of the City's lighting budget will not be assessed. Benefit Zones. Most parcels within the City front on streets with street lights and therefore receive a direct lighting benefit. However, there are some areas in the City, which have a higher level of lighting and these have been designated as additional Benefit Zones. Zone A. The Civic Center and Plaza at West Covina areas receive a higher level of street lighting. Zone B. The properties along Glendora Avenue from Walnut Creek Parkway to the 1-10 Freeway receive a higher level of street lighting than Zone A. Those parcels which also have public lighting in adjacent alleyways receive an equal amount of benefit for the alley lights as for the street lights, therefore, these parcels are assessed two times the benefit of the basic local lighting. The parcels that front streets without street lights do not receive a local lighting benefit and therefore are not assessed. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 8 of 25 Ww1LLDAN Street Trees: Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings. The City maintains street trees throughout the City. The trees are located within the public right-of-way and provide aesthetically pleasing environment, shade, beautification, and according to some authorities' air purification and sound attenuation. These positive attributes increase the desirability of properties located on streets that have trees on them. More importantly, proper maintenance of these facilities, especially routine trimming of street trees and removal/replacement of deceased trees, is essential to the safety of the users of adjacent properties. Parcels that are located on streets which do not have trees do not benefit and are not assessed. Street trees on arterials of the City that do not have parcels fronting on them are considered a general benefit. There are approximately 963 such trees out of approximately 29,500 street trees in the City, or 3.26%. Therefore, 3.26% of the City street tree budget will be funded through the City's General Fund account. 8. ASSESSMENT METHODOLOGY The methods of apportionment utilized for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned or existing within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the improvements. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with Section 4 of Article XIIID, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels of the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. Equivalent Dwelling Units: Since the assessments will be levied against parcels of property as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, a single family parcel would be paying the same as a 50 unit apartment parcel or a 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 9 of 25 ( WWILLDAN large commercial establishment in a similar zone and this would not be equitable and would not satisfy the Prop. 218 requirements. The single-family residential parcel has been selected as the basic unit for calculation of assessment since it represents over 80% of the parcels in the City. Therefore, the single-family residential parcel is defined as an Equivalent Dwelling Unit (EDU). A methodology has been developed to calculate the EDU's for other residential land uses and for non-residential parcels. Every land-use is converted to EDU's: parcels containing apartments are converted to EDU's based on the number of dwelling units on each parcel of land; commercial and industrial parcels are converted based on the lot size of each parcel of land. The EDU method is usually seen as more appropriate and equitable for landscaping and lighting districts, as the benefit to each parcel from the improvements being maintained extends beyond the front of their property. Therefore, assessments are apportioned as a function of land-use type and whether a property is developed or not. This may be more clearly shown by taking an example of condominiums. Under the current method of assessment, the frontage along the whole condominium complex is measured, and then is divided by the number of units within the complex. This spreads a relatively small assessment to each of the condominiums, which is not commensurate with the benefit each one of them receives. EDU Application: Single Family Residential -The single-family residential parcel has been selected as the basic unit for calculation of the benefit assessment. The basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels zoned for single-family residential uses are assessed 1 EDU. Multi-Family Residential -Multiple residential (including condominiums) land use equivalencies are determined based on the number of dwelling units on each parcel. Due to population density and size of structure relative to the typical single-family residence, each dwelling unit defined as multi-family residential, including condominiums, would be 0.75 EDU. Benefits to a multi-family residential property do not increase proportionately as the number of units increase. Therefore, the population per unit decreases as the residential land use density increases and there is a corresponding reduction in benefit to a parcel. Also, as the number of dwelling units increase, the average value per rental unit decreases. Therefore, there is a reduced benefit to a parcel as the number of dwelling units increase. By decreasing the equivalency as the number of units increase, a reasonable benefit assessment is achieved. Therefore, the equivalency is reduced to 0.5 EDU per dwelling unit, for 5 through 15 dwelling units (as parcels with 5 to 15 units are considered "high medium density" as opposed to the "low density" of duplexes, triplexes and four-plexes), and the equivalency is reduced to 0.25 EDU per dwelling unit for more than 15 units, which are considered to be "high density". Fifteen units are established as the limit of the 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 10 of25 WWILLDAN "high medium density" category as State law (California Title 25, Section 42) requires that apartment complexes with 16 or more dwelling units have a manager located on the premises, which is an indication of "high density". Mobile Homes -Mobile home parks, and mobile homes located within mobile home parks, are converted to EDU's based on the population density and size of structure relative to a single-family residence. Therefore, mobile home parks and mobile homes located within mobile home parks would be assessed 0.5 EDU per mobile home. No decrease would be applied to this factor, as mobile homes are all separate dwellings with no common walls. Non-Residential -In converting improved non-residential properties to EDU's, the factor used is the City of West Covina's average density for single-family residential areas, which are 5 dwelling units per acre. All properties developed for non-residential uses are therefore assigned 5 EDU's per acre for the first 5 acres. It is our experience, based upon a review of large non-residential parcels, that the utilization of that portion of non-residential property greater than 5 acres more closely resembles that of vacant land as it is typically undeveloped. Therefore, after the first 5 acres, each additional acre will be charged 25% of 5 EDU's which results in 1.25 EDU's per acre, similar to vacant land as described below. Vacant Property: Vacant property is described, as parcels with no improved structures. These properties receive benefits based on their land, as this is the basis of their value. Based on the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of the property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property, and vacant property has a traffic generation rate of 0. Therefore, it is recommended that vacant property be assessed at the rate of 25 percent of improved property. Vacant Residential -Parcels defined as residential parcels, which do not have structures on the parcels, are assessed 25% of the parcel with a single family dwelling thereon. The parcel will be assessed 0.25 EDU per parcel. Vacant Non-Residential -Parcels defined as parcels which are not residential parcels and which do not have structures on the parcel area assessed based upon the acreage of the parcel. The parcels will be assessed at the rate of 25% of the developed non-residential properties, or 1.25 EDU per acre or any portion thereof, with a minimum of 0.25 EDU per parcel and up to a maximum of 5 acres (6.25 EDU's) per parcel, as parcels over 5 acres may be considered as open space, and no longer receive any benefit. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 11 of25 ( ( WWILLDAN Public Property-Article XIIID of the California Constitution requires that all benefiting public properties be assessed for their fair share of the benefit. Public property, which is developed and used for residential or business purposes will be assessed the same as private property with the same use. Schools will be assessed as Commercial/Industrial uses. Parks will be assessed as vacant property. Exempt -Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements, and right-of-way's, public greenbelts, parkways and that portion of property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. Also, excepted from assessments would be utility right-of-way, common areas (such as in condominium complexes), landlocked parcels and small parcels vacated by the City as these parcels have little or no value and therefore do not benefit from the improvements. The land use classification for each parcel has been based on the Los Angeles County Assessor's Roll. LAND USE CODES AND EQUIVALENT DWELLING UNITS Benefit Factors: There are varying levels of benefit to property from the operation and maintenance of street lighting and street trees based on the different types of property use. Because the benefit to the property varies depending on the type of land use of the property, a Benefit Factor is applied to the EDU formula for each property for each type of improvement to obtain Benefit Units for each Property. (Equivalent Dwelling Unit) x (Benefit Factor) = Benefit Units 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 12 of 25 ,w'w1LLDAN The following table outlines the Benefit Factors for street lighting: STREET LIGHTING BENEFIT FACTORS Schools will receive a residential benefit factor, as they tend to be in residential areas and benefit similarly to residential property. Parks are assessed as vacant land and receive a non-residential benefit factor. Benefit Units: The total budget for basic lighting is $1,155,230; therefore, the preliminary basic lighting assessment rate is estimated at $11.94 per BU. Accordingly, a single-family residential parcel's assessment would equal 3 BU x $11.94/BU = $35.82. The Following table provides a preliminary summary of Street Lighting Benefit Units (BU's) for the City. STREET LIGHTING BENEFIT UNITS {1) Government properties are assessed as Vacant Non-SFR land use. Note: Zones A & B have different benefit factors. See following tables. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 13 of 25 ( { tf'w1LLDAN Lighting Benefit Zone A: The total estimated budget for the Zone A lighting is $62,671, therefore the preliminary basic lighting assessment rate is estimated at $36.29 per BU. The following table shows the preliminary summary of the BU's in Zone A. ZONE A BENEFIT UNITS Lighting Benefit Zone B: The budget for Zone B lighting is $16,070 and is additional to the budget for Zone A. Therefore, the preliminary basic lighting assessment rate is estimated at $21.15 per BU plus $36.29 per BU for Zone A, for a total assessment rate of $57.44 per BU. The following table shows the preliminary summary of the BU's in Zone B. ZONE B BENEFIT UNITS No additional factors have been assigned for street trees; therefore, the Benefit Unit factors are the same as the EDU factors for each land use. Street Tree Benefit: The total budget for Street Trees is $426,713. Based on this amount, the preliminary assessment rate is estimated at $16.47 per BU. Therefore, a single-family residential parcel's assessment would be equal to 1 BU x $16.47/BU = $16.47. The Following table provides a preliminary summary of Street Tree Benefit Units (BU's) for the City. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 14 of 25 ffWILLDAN Assessment Rate Summary: The following table summarizes the assessment amounts for parcels in each of the zones of benefits: ASSESSMENT RATE SUMMARY ASSESSMENT RATE SUMMARY BY LAND USE -,~_,,, ' AC =acre DU = dwelling unit 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 15 of 25 ( ( WWILLDAN C. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation). The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula. The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index ("CPI") for the Los Angeles-Riverside-Orange County Area for All Urban Consumers from March to March up to 1 2%. Each fiscal year, the Maximum Assessment will be recalculated and a new Maximum Assessment established. The Maximum Assessment is adjusted annually and is calculated independent of the annual budgets and proposed assessments established for each Zone of the District. Any proposed annual assessment (rate per EBU) less than or equal to this Maximum Assessment (for each Zone) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 16 of 25 WWILLDAN Ill EST/MA TE OF COSTS The total estimate of costs for maintenance of the proposed improvements for Fiscal Year 2017/2018, as defined under Section 22569 of the 1972 Act, are those as hereinafter set forth. Said cost estimates include the total District costs for constructing or installing any proposed improvements and for maintenance and servicing the existing improvements including incidental expenses; the amount of any surplus or deficit in the maintenance fund to be carried over from the previous year; any annual installments to be collected over more than a single year; as well as the amount of any contributions to be made from any other sources. A. CAPITAL IMPROVEMENT PROJECT FUND The projects planned for Fiscal Year 2017/2018 and their estimated costs are: 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 17 of 25 fi{WILLDAN ( ' B. SUMMARY OF OPERATING COSTS ( 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 18 of25 if'WILLDAN C. SUMMARY OF TOTAL COSTS The City's budget for the operation and services costs detail the estimated costs and fund balances for Fiscal Year 2017/2018 as available at the time of preparation of this report. The 1972 Act provides that the total cost can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. The 1972 Act requires that a special fund be set-up for the revenue and expenditures of the district. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1st must be carried over to the next fiscal year. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 19 of25 iS(WILLDAN ( ( cl)' Se~ Capital Project Fund Section iii: A.: Note: Adjustments made for budget to equal assessment amount. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 20 of 25 Ww1LLDAN IV. BOUNDARY MAP A diagram showing the exterior boundaries of the District, boundaries of any zone within the District and the lines and dimension of each lot or parcel of land within the district is on file in the Office of the City Engineer. V. ASSESSMENT ROLL 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 21 of 25 ( ( ( j/MWILLDAN Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Los Angeles County Secured Roll for the year in which this Report is prepared and reflective of the Assessor's Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. 2017/2018 City of West Covina Citywide Lighting and Maintenance District Page 22 of 25 Notes: (1) Interest is 0.4% of one-half of the previous year ending balance. (2) 1 % increase in maintenance cost each year due to inflation. West Covina Citywide Lighting and Maintenance District 10 Year Fiscal Projection (3) Previously approved maximum highest rate of $57.43, may not be increased further without vote. > s i z ,-3 z 9 (;.I Cc~ Notes: (1) Interest is 0.4% of one-half of the previous year ending balance. (2) 1 % increase in maintenance cost each year due to inflation. ~ West Covina Citywide Lighting and Maintenance District 10 Year Fiscal Projection (3) Previously approved maximum highest rate of $52.29, may not be increased further without vote. ~ ATTACHMENT NO. 4 RESOLUTION NO. 2017-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND IDGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (2017-2018) WHEREAS, the City Council of the City of West Covina, California proposes to levy and confirm an annual assessment pursuant to Proposition 218, Government Code § 537535, and the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California; and WHEREAS, it is proposed that said Maintenance District shall operate and maintain certain public street lighting and street trees that exist throughout the City located on property owned by the City as approved by mailed ballot pursuant to the procedures set out in Government Code§ 537535; and WHEREAS, the procedures to renew this annual assessment are those set out in the Landscaping and Lighting Act and the regulations of Proposition 218 do not apply to the annual confirmation for an assessment which is not to be increased; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That Willdan Financial Services shall prepare and file an Engineer's Report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being Division 15, Chapter 2 of the Streets and Highways Code of the State of California, for the maintenance and operation of street lighting and street trees, for subsequent fiscal years. SECTION 2. The City Clerk of the City of West Covina shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 18th day of April 2017. Mayor Corey Warshaw ATTEST: City Clerk Nickolas S. Lewis ( ( I NICKOLAS S LEWIS do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at their regular meeting thereof held on the 181h day of April 2017, by the following vote of the City Council: AYES: NOES: ABSENT: APPROVED AS TO FORM Kimberly Hall Ba1fow City Attorney City Clerk Nickolas S. Lewis ATTACHMENT NO. 5 RESOLUTIONNO. 2017-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 6, 2017 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2017-2018 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 2017-29 adopted April 18, 2017 pursuant to the provisions of the "Landscaping and Lighting Act of 1972," of the State of California, required Willdan Financial Services to make and file with the City Clerk of the City Council, a report in writing, relating to assessments to fund the operation and maintenance of street lighting and street trees throughout the City, including fixtures and appurtenances; and WHEREAS, on the 181h day of April 2017, the state certified registered professional engineer filed in the Office of the City Clerk of said City the written report in response to the requirement of said Resolution No. 2017-29; and WHEREAS, said City Clerk has presented said report to the City Council of said City and said City Council has considered said report; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolves as follows: SECTION 1. That the report of Willdan Financial Services, dated April 18, 2017, which was filed in the Office of the City Clerk of the City of West Covina, California, on April 18, 2017, be and the same is hereby preliminarily approved subject to modifications at the Protest Hearing. SECTION 2. A) By the adoption of this resolution and preliminary approval of the Engineer's report, the City Council declares its intention to levy and collect West Covina Citywide Lighting and Maintenance District assessments in the amotmts set out in the Engineer's Report (with a base of $57.45 per single-family residential parcel per year) to fund operation and maintenance of street lighting, street trees, and appurtenant · facilities throughout the City commencing with Fiscal Year 2017-2018. The City Council intends to confirm this assessment amount aunually thereafter, increased only by any increase in the Consumer Price Index not exceeding 2%, until such time as the assessment is increased by the mailed ballot process as set out in the provisions of Proposition 218 or is terminated by action of the City Council or property owner voters. B) West Covina Citywide Lighting and Maintenance District includes all parcels within the boundaries of the City. C) The existing and proposed improvements are generally described as street lights, street trees, and appurtenant facilities throughout the City. D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements. ( ( E) The improvements and assessments shall be done under Proposition 218 and the Landscaping and Lighting Act of 1972, as amended. F) The assessments shall be collected on the property tax bill with and subject to the same procedures and penalties for delinquency as general county property taxes. SECTION 3. Public Hearing: That a Public Hearing is set for June 6, 2017, at 7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue South in the City of West Covina, to take the testimony on the issue of whether or not the assessments should be approved. SECTION 4. That the City Clerk is hereby authorized, designated and directed to give notice of said Public Hearing in time, form, and manner as required by law. SECTION 5. That the San Gabriel Valley Tribune, a daily newspaper of general circulation, published and circulated within the said City of West Covina, California, is hereby designated as the newspaper in which such notice shall be published. SECTION 5. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under§ 15273 of the Guidelines. In addition, the capital improvements proposed for Citywide Lighting and Maintenance District are of a minor nature and, therefore, categorically exempt from the requirements for Environmental Impact Report as Negative Declaration of Environmental Impact Repmt. SECTION 7. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 13ili day April 2017. Mayor Corey Warshaw ATTESTED: City Clerk Nickolas S. Lewis I NICKOLAS S. LEWIS HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Cmmcil of the City of West Covina, California, at a regular meeting thereof held on the 13th day of April 2017, by the following vote of the Council: AYES: NOES: ABSENT: APPROVED AS TO FORM: Kimberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis AGENDA STAFF REPORT City of West Covina | Office of the City Manager DATE: April 18, 2017 TO: Mayor and City Council FROM: Chris Freeland City Manager SUBJECT: ESTABLISHMENT OF NEW FEES AND CHANGES TO EXISTING FEES AND FINES RECOMMENDATION: It is recommended that the City Council take the following actions: 1)Hold a Public Hearing regarding the establishment of new fees and changes to existing fees and fines; and 2) Adopt the following resolution (Attachment No. 2): RESOLUTION NO. 2017-20 - A RESOLUTION OF THE CITY COUNCILOF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEWFEE SCHEDULE THAT ESTABLISHES NEW FEES AND CHANGES TOEXISTING FEES AND FINES BACKGROUND: State and local governments use charges and fees to help fund programs and offset the costs of providing various services. As governments struggle to maintain levels of service and variability of demand, there has become a heightened sensitivity to subsidies provided by the General Fund. When the services provided especially benefit a particular group or individual, governments will implement cost recovery measures to charge fees to those direct recipients that receive benefits from such services. To that extent, governments which use general tax monies to provide individuals with private benefits, by not requiring them to pay the full cost of the service, limit AGENDA ITEM NO. 12 Establishment of New Fees and Changes to Existing Fees and Fines Page 2 of 8 – April 18, 2017 funds that may be available to provide other community‐wide benefits. In effect, the government is using community funds to pay for private benefit. Unlike most revenue sources, cities have more control over the level of User Fees they charge to recover costs, or the subsidies they can institute. The purpose of a Fee Schedule is to set the rates that will be charged for those services that benefit a particular group or individual in a way that is above and beyond the scope of those services generally provided to all citizens within a community. Doing so reduces the need for additional revenue sources, promotes service efficiency and minimizes the burden on the general taxpayer. The City’s Fee Schedule contains several categories of fees, including fees for building permits, various inspection fees, emergency medical service (EMS) fees, recreation fees, administrative service fees (i.e. processing passports), and fines for violations of the West Covina Municipal Code. Changes to current fees and fines and the establishment of new charges are done through a resolution adopted by the City Council. According to the Government Finance Officers Association (GFOA) Best Practices for Establishing Government Charges and Fees, fees should be reviewed and updated periodically based on factors such as inflation, increased costs of doing business, adequacy of cost recovery, use of services, and the competitiveness of current rates. Moving forward, staff will review fees on an annual basis and make recommendations to update the Fee Schedule, as deemed appropriate. DISCUSSION: On September 1, 2015, the City Council awarded the contract for a Cost Allocation Plan (CAP) and Comprehensive Fee and Charge Study (Fee Study) to Willdan Financial Services (Willdan). The purpose of the study was to identify the total cost of providing each City service, in a manner that is consistent with all applicable laws, statutes, rules and regulations governing the collection of fees and rates for charges by public entities, including meeting the requirements of the California Constitution, Proposition 218 and the California Code of Regulations. With the assistance of City staff, Willdan developed a CAP specific to the City’s budget structure and operations. The City is made up of central service departments such as Finance, City Clerk, City Manager, and Human Resources, along with operating departments such as Police, Fire, Public Works, Planning, and Community Services. These operating departments require support from the central service departments to provide services directly to the community through their day-to-day operations. The CAP allocates the costs of the central services to the operating departments to determine the total cost associated with providing direct services. This total cost is made up of the direct costs associated with each operating department (salaries and benefits of operating department personnel, materials, facilities, equipment, etc.) as well as each department’s share of the indirect costs that are required to support its operations (central support services such as finance, workers’ compensation, liability insurance, payroll, etc.). The overall goal of the CAP is to allow cities to allocate a portion of the central service costs to the operating departments, thus Establishment of New Fees and Changes to Existing Fees and Fines Page 3 of 8 – April 18, 2017 1) accounting for “all” costs, direct and indirect, for each operating department, and 2) facilitating the calculation of a fully burdened cost estimate of providing services to the public. City staff also worked closely with Willdan to conduct a study of the City’s current services and determine the costs of providing each one. Willdan has prepared a Comprehensive User Fee Study Report (Attachment No. 3) summarizing their findings. For each service, departments identified all staff involved, the average time taken to provide the service, and the cost of any materials or third party fees. Once the actual cost to perform each service was determined, City staff reviewed these costs against the current fee amounts and made recommendations to either increase, decrease, or make no change to the current fee. Staff also made recommendations to eliminate fees for services that are no longer provided and to add new fees, where appropriate, in order to recuperate the cost of providing services for which the City currently does not charge. All proposed changes to the City’s Fee Schedule ensure the fees charged by the City (a) provide for reasonable cost recovery in providing services, (b) do not exceed the cost of providing the service and (c) are charged to the specific individuals or groups benefitting from the service. The following table summarizes the results of the study in terms of the types of changes that occurred when compared to the 910 fees in the prior Fee Schedule: Type of Change Count Increased 427 Decreased 55 New 35 Removed 171 No Change 222 Overall, 171 fees were removed from the Fee Schedule for various reasons, including: • Fee no longer charged • Fee is obsolete • Fee is covered by another department’s schedule • Fee is a duplicate • Fee governed by separate ordinance, law or regulatory process • Scope of fee is now covered by another fee In most cases where fees were increased, it was found that the cost of providing the service is higher than the current fee. Fee decreases were due to a cost that is either lower than the current fee or staff is recommending less than full cost recovery due to market constraints, to make fees comparable to surrounding cities, or to encourage compliance with regulations/inspections. Establishment of New Fees and Changes to Existing Fees and Fines Page 4 of 8 – April 18, 2017 Staff has also proposed the addition of new fees for those services which provide a private benefit, but are currently being subsidized by the General Fund. Fees for these services have been recommended because they place an unnecessary burden on the General Fund and/or are charged by several other government agencies. In some cases, staff identified and recommended the addition of fees which are set by the County, State, or Federal Government and have not traditionally been listed on the City’s Fee Schedule. These have been added and noted for clarity, but since they are not regulated by the City, they are subject to change at any time. Staff has prepared a list of those new fees which were not a part of the prior fee schedule and are not set by the County, State, or Federal Government (Attachment No. 1). The following is a brief summary of the changes by department: Planning The Planning Department has proposed the addition of five (5) new fees: Preliminary Review Meeting (Downtown Plan), Precise Plan of Design (Downtown Plan), Special Exception Review (Downtown Plan), Commercial Landscape/Irrigation Plan Check and Inspection, and Second Unit Review. The three (3) new Downtown Plan fees address the higher anticipated burden on staff to evaluate projects in the downtown area, and thus require higher deposit amounts. The Commercial Landscape/Irrigation Plan Check and Inspection fee was created to differentiate between commercial and residential plan checks and inspections, while the Second Unit Review fee will enable the City to charge for a service that is currently being subsidized by the General Fund. Overall, 19 fees were increased, no fees were decreased, and five (5) new fees were added. Public Works Engineering Fees In total, six (6) new fees were added to the Engineering section of the Fee Schedule. Five of these are reproduction fees for ledger and “D” size copies, and a fee for a standard plan set. A Landfill Inspection fee was also recommended by staff to recuperate the costs of mandatory landfill inspections which are currently being subsidized by the City. Building Fees The Building Division recommended the addition of five (5) new fees. These include an Overtime Inspection Fee for projects requesting same day inspection when the schedule is full, a fee for issuing permits to utility companies, a fee for sewer connection permits, a new Change of Occupancy fee for proposed changes of occupancy without construction, and the addition of the Building Standards Administration Special Revolving Fund (SB 1473) surcharge. This fee is set by the state and is currently assessed at a rate of $4.00 per $100,000 of permit valuation. Overall, 322 Public Works fees were increased, 24 were decreased, and 11 new fees were added. Establishment of New Fees and Changes to Existing Fees and Fines Page 5 of 8 – April 18, 2017 Police Department The majority of charges on the Police Department Fee Schedule are fines, which can be increased by City Council resolution and are not subject to the same restrictions as fees. The purpose of a fine is to discourage certain behaviors and as such, they do not need to be substantiated by time data or other cost bases. Altogether, 10 fees and fines were increased, including raising the fees for police responses to parties and bars, jail bookings, and the release of stored/abandoned vehicles. Staff has also proposed to increase the fines for parking in handicapped zones and for false alarms. No fees and fines were decreased or added. Fire Department Overall, the Fire Department increased 64 fees, decreased 29 fees, and proposed the addition of 10 new fees. The majority of the increases and decreases were for event and annual operational permit fees, due to changes in staffing costs and time estimates. The new fees include two (2) event permit fees for carnivals and fairs (previously included under a general Special Event permit fee), the addition of a stand-by fee for an Assistant Fire Chief (previously grouped under the Chief Officer fee), and three (3) new Emergency Medical Service (EMS) fees that are set by Los Angeles County, but were not listed on the prior Fee Schedule. These three (3) fees are: 1. Basic Life Support (BLS): non-emergency response; 2. Advanced Life Support (ALS): non-emergency response; and 3. Night (request for service after 7pm and before 7am). Staff also added an Emergency Responder Radio Coverage System fee to recover the costs of mandatory inspections (as required by the California Fire Code, Section 510), a fee for as-needed fire inspections (i.e. for insurance purposes), an EMS Assessment Fee, and an EMS Medical Facility Fee. The EMS Assessment fee will be charged to patients when EMS personnel respond to a residence to provide medical services but do not transport the patient. The EMS Medical Facility fee will be charged to medical facilities when EMS personnel respond to a medical facility (normally staffed by trained medical personnel) to provide medical services but do not transport the patient. Medical facilities include medical offices where surgical procedures or dialysis are performed, hospitals, urgent care facilities, convalescent nursing facilities, and senior assisted living facilities. The West Covina Fire Department (WCFD) currently responds to over 9,100 calls for service each year, and more than two-thirds of those calls are related to emergency medical services. For each EMS call, the WCFD responds with one Engine and one Rescue Ambulance. The Engine is staffed with one Captain, one Engineer and one Firefighter/Paramedic, while the Rescue Ambulance is staffed with two Firefighter/Paramedics. Both emergency response vehicles are dispatched to all EMS calls to ensure the appropriate manpower is available for all EMS incidents. Establishment of New Fees and Changes to Existing Fees and Fines Page 6 of 8 – April 18, 2017 In the event of a non-transport EMS incident, the City is responsible for all costs incurred by the dispatch of WCFD personnel, as there is no fee to help recover the costs for providing these services. As the needs of the community have continued to grow, the costs of providing EMS services have also increased significantly, making it more difficult for the General Fund to support all the services provided by the WCFD. Staff anticipates that the volume of EMS calls will continue to rise and the two (2) new EMS fees will help the WCFD sustain high-levels of service while meeting the growing demands of the community. The Fire Department estimates that the addition of these proposed assessment fees could generate approximately $314,000 in revenues per year. Similar fees are charged by several Los Angeles County agencies, including: Alhambra, Arcadia, Beverly Hills, Burbank, Glendale, La Verne, Monterey Park, Pasadena, San Gabriel, San Marino, South Pasadena, and Torrance. The fees range from $150 to $732, depending on the actual costs of responding personnel. Community Services The most significant change occurred with the Community Services section of the Fee Schedule, where all specific fees were eliminated. The format and language of the schedule was updated to provide staff with the flexibility to charge fees based on market conditions, and to help keep fees consistent with those charged by surrounding cities. These fees are to continue being listed in the City’s quarterly Community Recreation Guide. Finance The Finance Department added a Late Payment Fee, a Collection Agency Fee, and a 2% Service Fee for all credit and debit card transactions. These fees will help alleviate General Fund subsidies for charges levied by 3rd party financial agencies by allowing the City to pass these fees on to the customer. In total, seven (7) fees were increased, five (5) were decreased, and three (3) new fees were added. City Clerk Several new fees were added to the City Clerk section of the Fee Schedule, including the Subpoena Fee for Witnesses and Notary Fee, which are both set by the State. Staff also recommended the addition of Document Certification and Life Verification fees, with different rates for residents and non-residents. In total, six (6) new fees were added, one (1) fee was increased, and one (1) fee was decreased. Establishment of New Fees and Changes to Existing Fees and Fines Page 7 of 8 – April 18, 2017 In an effort to make the Fee Schedule a comprehensive and public friendly resource, several formatting changes were also made to more clearly identify the department, service category, and all applicable deposit amounts or minimum charges. In summary, the purpose of a Fee Schedule is to set the rates that will be charged for those services which benefit a particular group or individual in a way that is outside the scope of those generally provided to all citizens within a community. The proposed Fee Schedule is meant to minimize the burden on the general taxpayer by setting fee amounts that allow for reasonable cost recovery in providing services and do not exceed the cost of providing the service. COUNCIL GOALS & OBJECTIVES: This item supports the 2016-17 City Council Goal of Build Financial Health and Economic Stability for the City. LEGAL REVIEW: The City Attorney’s office has participated in the review of the Fee Schedule to provide advice and recommendations regarding compliance with Proposition 218, the State Constitution and the Government Code. OPTIONS: The City Council has the following options: 1) Adopt staff’s recommendation; 2) Make changes to proposed fees; or 3) Provide alternative direction. FISCAL IMPACT: The revenue impact of these fee changes is estimated to have a significant impact on City revenues. From the standpoint of the fee-paying customer, the fiscal impact of the proposed Fee Schedule varies with the use of each service. Prepared by: Serena Bubenheim Management Analyst II Reviewed and Approved by: Establishment of new fees and changes to existing fees and fines Page 8 of 8 — April 18, 2017 Additional Approval: Approved via email Kimberly Hall Barlow City Attorney ATTACHMENTS: Attachment No. 1 — Description of New Fees Attachment No. 2 — Resolution No. 2017-20 Exhibit A — Proposed Fee Schedule Attachment No. 3 — Comprehensive User Fee Report Fee Description Proposed Fee Unit Justification Planning: Precise Plan of Design (Downtown Plan)Actual Cost per hour of staff time To address the higher anticipated burden on staff to evaluate projects in the downtown area. Special Exception Review (Downtown Plan)Actual Cost per hour of staff time To address the higher anticipated burden on staff to evaluate projects in the downtown area. Preliminary review meeting (Downtown Plan)Actual Cost per hour of staff time To address the higher anticipated burden on staff to evaluate projects in the downtown area. Second Unit Review Fee Actual Cost per hour of staff time Staff processes second unit reviews for no charge, so this service is being subsidized by the General Fund. Public Works: Copying of records - Ledger Size - Black and White $1.00 per page To add charges for copies of this size Copying of records - Ledger Size - Color $5.00 per page To add charges for copies of this size Copying of records - "D" Size - Black and White $5.00 per page To add charges for copies of this size Copying of records - "D" Size - Color $10.00 per page To add charges for copies of this size Copying of records - Standard Plan Set $10.00 per page To add charges for a complete set of City Standard drawings Landfill Inspection Fee Actual Cost per inspection The costs of mandatory landfill inspection fees are currently being subsidized by the General Fund. Overtime inspection for projects requesting same day inspection if the schedule is full FBHR of Staff per hour of staff time To recuperate overtime costs incurred by the City when same day inspection requests are made and staff are requested to work overtime to fulfill the request. Issuing permits to utility companies $58.00 each To recuperate staff costs for processing permits and billings to utility companies doing work in the City. Sewer Connection Permits $105.00 each Charges cover staff time to review plans, inspection and issuance of sewer permit. Change of Occupancy $330.00 each To recuperate inspection and plans review time to issue a new certificate of occupancy to new tenants where no tenant improvement permit is required. Fire Department: EMS Assessment Fee $289.00 per incident To recover costs incurred by the City for incidents in which EMS personnel respond to a residence to provide medical services, but do not transport the patient. EMS Medical Facility Fee $289.00 per incident To recover costs incurred by the City for incidents in which EMS personnel respond to a medical facility to provide medical services, but do not transport the patient. Emergency Responder Radio Coverage System $271.00 per inspection To recover costs incurred by the City for inspecting emergency responder radio coverage as required by California Fire Code Section 510. As-needed fire inspection $135.00 per hour To recover costs incurred by the City for performing fire inspections not related to a permit process (i.e. for insurance purposes). Finance and Administrative Services: Late Payment Fee $17.00 per transaction To recover personnel costs incurred to send late payment notifications and follow-up invoices. Collection Agency Fee Actual Cost per transaction To recover fees incurred for items sent to collections. Service Fee 2% per credit / debit card transaction To recover fees the City incurs for each credit / debit card transaction. Document Certification $25.00 each Staff processes document certifications for no charge, so this service is being subsidized by the General Fund. Document Certification - Non-Resident $35.00 each Staff processes document certifications for no charge, so this service is being subsidized by the General Fund. Life Verification $25.00 each Staff processes life verifications for no charge, so this service is being subsidized by the General Fund. Life Verification - Non Resident $50.00 each Staff processes life verifications for no charge, so this service is being subsidized by the General Fund. DESCRIPTION OF NEW FEES (not previously on the Fee Schedule and not set by the County, State, or Federal Government) Attachment No. 1 Attachment No. 2 RESOLUTION NO. 2017-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEW FEE SCHEDULE THAT ESTABLISHES NEW FEES AND CHANGES TO EXISTING FEES AND FINES WHEREAS, the City Council adopted Ordinance No. 1939 on August 16, 1994, a) establishing its policy as to the recovery of costs and more particularly the percentage of costs reasonably borne to be recovered from users of City services and b) directing staff as to the methodology for implementing that Ordinance; and WHEREAS, pursuant to Government Code Section 66018 the specific fees to be charged for services must be adopted by the City Council by resolution after providing notice and holding a public hearing; and WHEREAS, notice and publicly available data has been provided per Government Code Sections 66016 and 6062 (a), and the required public hearing held at which time oral and written presentations were made and received; and WHEREAS, staff has developed a revised Fee Schedule based on certain new or increased costs for operating expenses. NOW, THEREFORE, the City Council of the City of West Covina does resolve, determine, and order as follows: Section 1. Fee Schedule Adoption. The following Fee Schedule (the term fee includes service charges) shall be computed and applied by the various City departments and collected by the City’s Finance Department for the listed services when provided by the City or its designated contractors. Section 2. Separate Fee for Each Purpose. All fees set by this resolution are for each identified process. Where fees are indicated on a per unit of measurement basis the fee is for each identified unit or portion thereof within the indicated ranges of such units. A. Added Fees. Additional fees shall be required for each additional process or service that is requested or required including where the requestor’s delay increases costs, or if the original fee charged was too low or in error. B. Refunds. Unless otherwise provided in the West Covina Municipal Code or state law, in the event the person requesting the service withdraws his/her/its application or otherwise terminates the request for service before completion of the provision of the service, or if an error is made in calculating the fee, the City shall determine if any refund is owing, based on whether all costs reasonably borne have been incurred or committed, as well as the cost of refunding the fee. An amount not spent or committed shall be refunded, minus the cost of refunding. Any extra amount charged in error shall be refunded without deduction. Notwithstanding, refund amounts of $20 or less shall be refunded only upon request of the fee payor. C. Interpretation of Fee Schedule. Administrative interpretations of this resolution, including but not limited to provisions for waiver and appeal, shall be determined by the City Manager as set out in West Covina Municipal Code Section 2-407. Section 3. Fines. The fee schedule, in addition to fees, includes fines and penalties for violation of local and state law. Section 4. Fee Schedule. The fees and fines set out in Exhibit A, attached and incorporated here, are hereby approved and adopted. Section 5. Reasonable Cost Finding. The City Council specifically finds that based on the data made available to the public, the fees adopted do not exceed the reasonable cost of the service provided. Section 6. CEQA. The adoption of this resolution is statutorily exempt from CEQA as it sets fees only for operating expenses. Section 7. Repealer. Fees contained in this resolution supersede fees set by prior resolutions. Current fees set by prior resolutions, which are not changed by Exhibit “A,” remain in place. Section 8. Severability. If any portion of this resolution is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this resolution regardless of the absence of any such invalid part. Section 9. Effective Date. The fines and penalties contained in Exhibit “A” shall take effect immediately upon passage of this resolution and the newly established and revised fees shall take effect sixty (60) days after the passage of this resolution. PASSED, APPROVED AND ADOPTED this 18th day of April 2017. Corey Warshaw Mayor APPROVED AS TO FORM ATTEST Kimberly Hall Barlow Nickolas S. Lewis City Attorney City Clerk I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 18th day of April, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Nickolas S. Lewis City Clerk City of West Covina Fee Schedule Effective June 18, 2017 Exhibit A City of West Covina PLANNING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ADMINISTRATION A)DOCUMENTS 1 Zoning Conformance Letter Actual Cost FBHR of Staff. i $180 initial deposit for two hours. B)REPRODUCTION FEES 1 Blueprint 0.90$ per square foot minimum $11 2 Microfilm 2.00$ each minimum $11 3 Dubbing of video tapes 30.00$ each 4 Xerox - black and white 0.25$ per page 5 Xerox - color 0.60$ per page PLANNING COMMISSION PUBLIC HEARING ITEMS A)PRECISE PLAN OF DESIGN (PP) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $4,000 deposit is required per case. B)PRECISE PLAN OF DESIGN (DOWNTOWN PLAN) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $7,000 deposit is required per case. C)SPECIAL EXCEPTION REVIEW (DOWNTOWN PLAN) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $2,500 deposit is required per case. D)DEVELOPMENT PLAN (DP) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $2,500 deposit is required per case. E)CONDITIONAL USE PERMIT (CUP) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $3,000 deposit is required per case. F)VARIANCE REVIEW (VAR) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $3,000 deposit is required per case. G)CODE AMENDMENT PROPOSED BY APPLICANT (CA) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $2,500 deposit is required per case. Footnotes: i The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. - PLANNING - 2 City of West Covina PLANNING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE PLANNING COMMISSION PUBLIC HEARING ITEMS Cont'd H)ADULT ORIENTED BUSINESS PERMIT Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $2,500 deposit is required per case. I)ANNEXATION / DEANNEXATION PROCESSING Actual Cost per hour FBHR of Staff. i $2,500 deposit is required per case. J) $ 948.00 per extension K)GENERAL PLAN AMENDMENT (GPA) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $8,000 deposit is required per case. L)TENTATIVE PARCEL MAP (TPM) PROCESSING Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $4,000 deposit is required per case. M)TENTATIVE TRACT MAP (TTM) PROCESSING Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $8,000 deposit is required per case. N)ZONE CHANGE (ZC) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $8,000 deposit is required per case. MISCELLANEOUS PERMITS / REQUESTS A)ADMINISTRATIVE USE PERMIT (AU) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $770 deposit is required per case. 1 Large Family Daycare Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $500 deposit is required per case. 2 Second Driveway $ 745.00 each 3 Pot Bellied Pig 98.00$ each B)ADMINISTRATIVE REVIEW Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $440 deposit is required per case. Footnotes: i The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. EXTENSION OF TIME FOR PLANNING COMMISSION PUBLIC HEARING ITEMS - PLANNING - 3 City of West Covina PLANNING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE MISCELLANEOUS PERMITS / REQUESTS Cont'd C)ART IN PUBLIC PLACES REVIEW Actual Cost per hour FBHR of Staff. i $1,000 deposit is required per case. D)APPEAL TO PLANNING COMMISSION Filing fee is non-refundable E)APPEAL TO PLANNING COMMISSION - NON-HEARING ITEMS Filing fee is non-refundable F)APPEAL OF REVOCATION HEARING $750 deposit is required per case. G)APPEAL TO CITY COUNCIL Filing fee is non-refundable H)APPEAL TO CITY COUNCIL - NON-HEARING ITEMS Filing fee is non-refundable I)CODE, COVENANTS, & RESTRICTIONS (CC&R) REVIEW $ 1,094.00 each Plus cost of City Attorney J)CONCEPTUAL PLAN REVIEW Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $4,000 deposit is required per case. K)COVENANT PREPARATION FEE $ 559.00 each L)DESIGN SUBCOMMITTEE REVIEW 1 Addition of Floor Area $ 500.00 each 2 Non-Floor Area Revisions 100.00$ each M)FILM PERMIT 1 $ 2,696.00 each Plus security and cleaning deposit of $1,020. Normally, one police officer will be required on site at the FBHR per hour. 2 Film Permit (Photography / Motion Picture) Actual Cost each day of filming FBHR of Staff. i 3 Actual Cost each day of filming FBHR of Staff. i Security and cleaning deposit of $1,020. Normally, one police officer will be required on site at the FBHR per hour. $1,500 deposit is required per case. Footnotes: i The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. Application Fee - Film Permit (Photography / Motion Picture) $750 filing fee + FBHR of Staff i $348 filing fee + FBHR of Staff i Major Production Film Permit (including late at night or for long periods of time) $750 filing fee + FBHR of Staff i $348 filing fee + FBHR of Staff i FBHR of Staff i + 50% of the actual costs of preparing the administrative record - PLANNING - 4 City of West Covina PLANNING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE MISCELLANEOUS PERMITS / REQUESTS Cont'd N)HISTORIC PROPERTY CERTIFICATE OF APPROPRIATENESS $ 3,044.00 each O)COMMERCIAL LANDSCAPE / IRRIGATION PLAN CHECK AND INSPECTION Actual Cost per hour FBHR of Staff i + actual cost of consultant. $2,500 deposit is required per case. P)RESIDENTIAL LANDSCAPE / IRRIGATION PLAN CHECK AND INSPECTION Actual Cost per hour FBHR of Staff i + actual cost of consultant. $1,250 deposit is required per case. Q)MASSAGE TECHNICIAN REVIEW (MTR) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $1,300 deposit is required per case. R)MODEL HOME MARKETING COMPLEX (MHMC) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $1,300 deposit is required per case. S)PLANNING DIRECTOR MODIFICATION REVIEW Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $1,000 deposit is required per case. T)PRELIMINARY REVIEW MEETING $ 3,000.00 each U)PRELIMINARY REVIEW MEETING (DOWNTOWN) Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $3,000 deposit is required per case. V)PROSPECTIVE HOMEOWNER AWARENESS PACKAGE (PHAP) REVIEW $ 1,094.00 each Plus cost of City Attorney W)PUBLIC RIGHT-OF-WAY BANNER $ 693.00 per banner X)REASONABLE ACCOMMODATION PROCESSING Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $770 deposit is required per case. Y)SIGN REVIEW 1 Sign Criteria Review Actual Cost per hour FBHR of Staff. i $1,350 deposit is required per case. 2 Sign Permit Clearance 189.00$ per sign 3 Sign Administrative Review 550.00$ per sign Footnotes: i The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. - PLANNING - 5 City of West Covina PLANNING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE MISCELLANEOUS PERMITS / REQUESTS Cont'd Z)SLIGHT MODIFICATION 1 Slight Modification Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $1,300 deposit is required per case. 2 Slight Modification - Single Family Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $770 deposit is required per case. AA)SPECIAL EVENTS 1 Special Events Permit Review $ 347.00 each 2 Banner (Special Events) Permit $ 50.00 each AB)TEMPORARY USE PERMIT REVIEW FBHR of Staff i each 3 hour minimum. $800 deposit is required per case. AC)TREE REMOVAL - PRIVATE PROPERTY 1 Tree Removal Permit (TRP) $ 90.00 first tree 2 Tree Removal Permit (TRP) - each additional tree $ 50.00 each AD)PLANNING DEPARTMENT PLAN REVIEW SURCHARGE 0.238% % of the building valuation $45 minimum AE)SECOND UNIT REVIEW FEE Actual Cost per hour FBHR of staff i + actual cost of City Attorney. $1,000 deposit is required per case. AF)EXTENSION OF TIME FOR MISCELLANEOUS PERMITS / REQUESTS $ 175.00 per extension Footnotes: i The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. - PLANNING - 6 City of West Covina ENGINEERING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ADMINISTRATION A)REPRODUCTION FEES 1 Letter Size - Black and White 0.25$ per page Minimum: $11 2 Letter Size - Color 0.60$ per page Minimum: $11 3 Ledger Size - Black and White 1.00$ per page Minimum: $11 4 Ledger Size - Color 5.00$ per page Minimum: $11 5 "D" Size - Black and White 5.00$ per page Minimum: $11 6 "D" Size - Color 10.00$ per page Minimum: $11 7 Standard Plan Set 10.00$ each CLASS I PERMITS (PLAN CHECK REQUIRED) A)STREET IMPROVEMENTS 1 Under $20K 9.2%of estimated construction costs Minimum: $265 2 $20K - $100K 3.5%of estimated construction costs 3 Over $100K 3.1%of estimated construction costs B)STORM DRAIN SYSTEMS 1 Under $20K 9.2%of estimated construction costs Minimum: $265 2 $20K - $100K 3.5%of estimated construction costs 3 Over $100K 3.1%of estimated construction costs C)MAINLINE SEWERS, LATERALS, PUMPLING PLANTS AND PRE-TREATMENT PLANTS 1 Under $20K 9.2%of estimated construction costs Minimum: $265 2 $20K - $100K 3.5%of estimated construction costs 3 Over $100K 3.1%of estimated construction costs D)WALLS - RETAINING AND OVER HEIGHT 1 Under $20K 7.3%of estimated construction costs Minimum: $265 2 $20K - $100K 3.0%of estimated construction costs 3 Over $100K 2.9%of estimated construction costs Fees to be paid prior to the start of plan check,unless otherwise approved by the City Engineer.Agreement,100%Faithful Performance Guarantee,approved Engineer's Cost Estimate,Liability Insurance Certificate and Workers'Compensation Insurance Certificate for work in public areas, Contractor's License, City Business License, and approved plans required prior to issuance of permit. - ENGINEERING - 7 City of West Covina ENGINEERING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE CLASS I PERMITS (PLAN CHECK REQUIRED) Cont'd E)ONSITE IMPROVEMENTS (PAVING, CURBING, WALKS, DRAINAGE DEVICES, LIGHTING, ETC.) 1 Under $20K 8.4%of estimated construction costs Minimum: $265 2 $20K - $100K 3.3%of estimated construction costs 3 Over $100K 2.5%of estimated construction costs F)BRIDGES AND CULVERTS 1 Under $20K 6.3%of estimated construction costs Minimum: $265 2 $20K - $100K 2.4%of estimated construction costs 3 Over $100K 1.9%of estimated construction costs G)GRADING 1 100 cubic yd or less 350.00$ 2 101- 1,000 cy yd $350.00 + $223.00 each 100 cy over 100 cy or part thereof 3 1,001 - 10,000 cu yd $2,230.00 + $504.00 each 1,000 cy over 1,000 cy or part thereof 4 10,001 - 100,000 cu yd $5,040.00 + $849.00 each 10,000 cy over 10,000 cy or part thereof 5 100,001 cu yd or more $8,490.00 + $692.00 each 10,000 cy over 100,000 cy or part thereof H)PLAN REVISION CHECKING / AS-BUILT REVIEW 132.00$ per hour 1 hour minimum CLASS II PERMITS (NO PLAN CHECK REQUIRED) A)CURB AND GUTTER (REPAIR OR PLACEMENT)0.95$ per linear ft Deposit: $1,008 Minimum: $95 B)DRIVEWAY APPROACH 200.00$ each Deposit: $1,007 C)SIDEWALK 0.10$ per sq ft Deposit: $795 Minimum: $279 D)CURB DRAIN (4" CORE DRILL)78.00$ each Deposit: $161 E)CURB DRAIN (BOX CULVERT)95.00$ each Deposit: $398 Faithful Performance deposit as indicated,Insurance Certificate for work in public areas,Contractor's License for non-owner /builder,City Business License for non-owner / builder, and Work Certification Statement for owner / builder required prior to issuance of permit. Note:Individual deposits are not required if $4,000 Faithful Performance Bond is on file with the City by permittee and the required deposit(s) do not exceed $4,000 per month. - ENGINEERING - 8 City of West Covina ENGINEERING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE CLASS II PERMITS (NO PLAN CHECK REQUIRED) Cont'd F)A.C. PAVING 0.40$ per sq ft Deposit: $730 Minimum: $130 G)P.C.C. PAVING 1.17$ per sq ft Deposit: $730 Minimum: $252 H)EXCAVATION 0.26$ per sq ft Deposit: $398 Minimum: $113 I)TREE WELLS 95.00$ each Deposit: $530 J)SEWER CONSTRUCTION BY OWNER (INCLUDING CESSPOOL BACKFILL)88.00$ each Deposit: $344 K)SEWER CONNECTION AND ADDITION TO HOUSE CONNECTION 88.00$ each L)APPURTENANT ONSITE SEWER DEVICES (WITH SEWER CONNECTION)38.00$ each M)APPURTENANT ONSITE SEWER DEVICES (SEPARATE FROM SEWER 38.00$ each CONNECTION) N)SEWER SADDLE AND WYE 55.00$ each Deposit: $363 O)BACKFILL OF CESSPOOL AND SEPTIC TANK 79.00$ each P)SPECIAL SEWER CONNECTION AND ADDITION AND PRIVATE SEWER SYSTEM (OVER 100' IN LENGTH) 1 Under $20K 7.8%of estimated construction costs Minimum: $265 2 $20K - $100K 2.9%of estimated construction costs 3 Over $100K 2.2%of estimated construction costs Q)CAPPING SEWER CONNECTION 62.00$ each R)WATER WELLS 389.00$ each S)STREET TREES (INSTALLATION) 1 Residential 96.00$ each 2 Commercial 96.00$ each - ENGINEERING - 9 City of West Covina ENGINEERING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE CLASS III PERMITS (NON CONSTRUCTION) A)STREET OBSTRUCTION 1 Street Obstruction Permit 57.00$ per permit + 2.10/day Deposit: $265 Minimum: $59 2 Permit to place barriers/signs during planned power outage 118.00$ per permit Signs placed during regular work hours B)ENCROACHMENT 290.00$ per permit C)DYE TEST 158.90$ each D)INDUSTRIAL WASTE 180.00$ each E)PARKING PERMIT 1 Residential Parking Permit Processing 148.00$ per permit 2 Restricted Parking Area Processing 148.00$ per permit 3 Handicapped resident -$ per permit MISCELLANEOUS FEES A)AFTER HOURS PLAN CHECK AND/OR INSPECTION 110.60$ per hour 4 hour minimum B)LOT LINE ADJUSTMENT (RESIDENTIAL AND COMMERCIAL)453.00$ per lot C)CERTIFICATE OF COMPLIANCE 593.00$ per lot $1,188 minimum D)STREET AND ALLEY VACATION REQUEST 942.00$ each E)APPEAL OF GRADING REQUIREMENTS 402.00$ each F)APPEAL OF UNDERGROUND UTILITIES 936.00$ each G)RESIDENTIAL TREE REMOVAL REQUEST 15.00$ per inch of trunk diameter, per tree Plus administrative fee of $25 H)RESIDENTIAL TREE TRIMMING REQUEST 190.00$ per tree I)STREET NAME SIGNS (INSTALLED) 1 Single Name 448.00$ each 2 Double Name 548.00$ each J)STREET ADDRESS CHANGE REVIEW 200.00$ each K)EASEMENT PROCESSING 715.00$ each L)FINAL TRACT MAP 63.00$ per lot $1,094 minimum Faithful Performance deposit as indicated, Insurance Certificate for work in public areas required prior to issuance of permit. - ENGINEERING - 10 City of West Covina ENGINEERING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE MISCELLANEOUS FEES Cont'd M)FINAL PARCEL MAP 63.00$ per lot $662 minimum N)STREET LIGHT SYSTEM (DESIGN AND INSPECTION) 1 Under $20K 4.9%of estimated construction costs $265 minimum 2 $20K - $100K 3.3%of estimated construction costs 3 Over $100K 2.8%of estimated construction costs O)LANDFILL INSPECTION FEE Actual Cost per inspection 3rd Party Pass-thru from Consultant P)TRAFFIC COMMITTEE FEE 78.00$ Q)NATIONAL POLLUTANT DISCHARGE EMISSION SYSTEM (NPDES) 107.00$ per hour 1 hr minimum SITE INSPECTION R)STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP) Actual Cost per hour Plus 25% administrative CHECK/INSPECTION FEE fee S)STANDARD URBAN STROMWATER MITIGATION PROGRAM (SUSMP) Actual Cost per hour Plus 25% administrative CHECK/INSPECTION FEE fee - ENGINEERING - 11 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION PLAN CHECK & BUILDING PERMIT FEES A)PLAN CHECK AND BUILDING PERMIT FEES i VALUATION PLAN CHECK FEE PERMIT FEE $1 - $1,000 $52.06 $80.10 $1,001 - $1,100 $59.25 $91.15 $1,101 - $1,200 $66.43 $102.19 $1,201 - $1,300 $75.40 $116.00 $1,301 - $1,400 $85.28 $131.20 $1,401 - $1,500 $92.46 $142.24 $1,501 - $1,600 $100.54 $154.67 $1,601 - $1,700 $108.62 $167.10 $1,701 - $1,800 $115.80 $178.15 $1,801 - $1,900 $123.88 $190.58 $1,901 - $2,000 $133.75 $205.77 $2,001 - $3,000 $140.93 $216.82 $3,001 - $4,000 $148.11 $227.87 $4,001 - $5,000 $157.09 $241.68 $5,001 - $6,000 $165.17 $254.11 $6,001 - $7,000 $173.25 $266.54 $7,001 - $8,000 $180.43 $277.58 $8,001 - $9,000 $189.41 $291.39 $9,001 - $10,000 $197.48 $303.82 $10,001 - $11,000 $203.77 $313.49 $11,001 - $12,000 $212.74 $327.30 $12,001 - $13,000 $220.82 $339.73 $13,001 - $14,000 $228.00 $350.78 $14,001 - $15,000 $235.19 $361.82 $15,001 - $16,000 $241.47 $371.49 $16,001 - $17,000 $245.96 $378.40 $17,001 - $18,000 $253.14 $389.45 $18,001 - $19,000 $258.53 $397.73 $19,001 - $20,000 $265.71 $408.78 $20,001 - $21,000 $270.19 $415.68 $21,001 - $22,000 $276.48 $425.35 $22,001 - $23,000 $283.66 $436.40 $23,001 - $24,000 $289.94 $446.07 $24,001 - $25,000 $294.43 $452.97 $25,001 - $26,000 $301.61 $464.02 $26,001 - $27,000 $307.00 $472.31 $27,001 - $28,000 $312.38 $480.59 $28,001 - $29,000 $318.67 $490.26 $29,001 - $30,000 $324.95 $499.93 $30,001 - $31,000 $331.24 $509.59 Footnotes: i Building Valuations are based on the most up to date ICC and LA City Valuations published. - BUILDING - 12 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION PLAN CHECK & BUILDING PERMIT FEES Cont'd A)PLAN CHECK AND BUILDING PERMIT FEES Cont'd i VALUATION PLAN CHECK FEE PERMIT FEE $31,001 - $32,000 $338.42 $520.64 $32,001 - $33,000 $343.80 $528.93 $33,001 - $34,000 $350.98 $539.98 $34,001 - $35,000 $354.57 $545.50 $35,001 - $36,000 $361.76 $556.55 $36,001 - $37,000 $366.24 $563.45 $37,001 - $38,000 $373.43 $574.50 $38,001 - $39,000 $377.91 $581.41 $39,001 - $40,000 $384.20 $591.07 $40,001 - $41,000 $386.89 $595.22 $41,001 - $42,000 $392.28 $603.50 $42,001 - $43,000 $395.87 $609.03 $43,001 - $44,000 $400.36 $615.93 $44,001 - $45,000 $403.05 $620.07 $45,001 - $46,000 $407.54 $626.98 $46,001 - $47,000 $411.13 $632.50 $47,001 - $48,000 $414.72 $638.03 $48,001 - $49,000 $418.31 $643.55 $49,001 - $50,000 $422.80 $650.46 $50,001 - $51,000 $425.49 $654.60 $51,001 - $52,000 $429.98 $661.50 $52,001 - $53,000 $436.26 $671.17 $53,001 - $54,000 $439.85 $676.70 $54,001 - $55,000 $444.34 $683.60 $55,001 - $56,000 $447.93 $689.12 $56,001 - $57,000 $452.42 $696.03 $57,001 - $58,000 $455.11 $700.17 $58,001 - $59,000 $459.60 $707.08 $59,001 - $60,000 $463.19 $712.60 $60,001 - $61,000 $466.78 $718.13 $61,001 - $62,000 $469.47 $722.27 $62,001 - $63,000 $474.86 $730.55 $63,001 - $64,000 $477.55 $734.70 $64,001 - $65,000 $482.04 $741.60 $65,001 - $66,000 $487.43 $749.89 $66,001 - $67,000 $491.92 $756.79 $67,001 - $68,000 $496.40 $763.70 $68,001 - $69,000 $500.89 $770.60 $69,001 - $70,000 $503.59 $774.75 $70,001 - $71,000 $508.07 $781.65 Footnotes: i Building Valuations are based on the most up to date ICC and LA City Valuations published. - BUILDING - 13 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION PLAN CHECK & BUILDING PERMIT FEES Cont'd A)PLAN CHECK AND BUILDING PERMIT FEES Cont'd i VALUATION PLAN CHECK FEE PERMIT FEE $71,001 - $72,000 $511.66 $787.18 $72,001 - $73,000 $516.15 $794.08 $73,001 - $74,000 $518.85 $798.22 $74,001 - $75,000 $523.33 $805.13 $75,001 - $76,000 $527.82 $812.03 $76,001 - $77,000 $531.41 $817.56 $77,001 - $78,000 $535.90 $824.46 $78,001 - $79,000 $539.49 $829.99 $79,001 - $80,000 $543.08 $835.51 $80,001 - $81,000 $546.67 $841.04 $81,001 - $82,000 $552.96 $850.70 $82,001 - $83,000 $555.65 $854.85 $83,001 - $84,000 $561.04 $863.13 $84,001 - $85,000 $563.73 $867.28 $85,001 - $86,000 $567.32 $872.80 $86,001 - $87,000 $570.01 $876.94 $87,001 - $88,000 $576.30 $886.61 $88,001 - $89,000 $578.99 $890.75 $89,001 - $90,000 $583.48 $897.66 $90,001 - $91,000 $587.97 $904.56 $91,001 - $92,000 $591.56 $910.09 $92,001 - $93,000 $595.15 $915.61 $93,001 - $94,000 $600.53 $923.90 $94,001 - $95,000 $603.23 $928.04 $95,001 - $96,000 $608.61 $936.33 $96,001 - $97,000 $612.20 $941.85 $97,001 - $98,000 $616.69 $948.75 $98,001 - $99,000 $620.28 $954.28 $99,001 - $100,000 $624.77 $961.18 $101,000 - $500,000 65% of building permit fee $961.18 + $6.35 for ea. add'l $1K, or fraction thereof $500,000 and up 65% of building permit fee $3,433.19 + $5.25 for ea. add'l $1K, or fraction thereof Footnotes: i Building Valuations are based on the most up to date ICC and LA City Valuations published. - BUILDING - 14 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE PLAN CHECK & BUILDING PERMIT FEES Cont'd B)RECONVERT INSPECTIONS (investigation fee - work without permit)122.00$ each C)PLANNING DEPT PLAN REVIEWS SURCHARGE 0.238%% of the building valuation, $45 minimum D)GENERAL PLAN & ZONING CODE UPDATE SURCHARGE 17.7%of the building permit fee E)SMALL RESIDENTIAL ROOFTOP SOLAR PHOTOVOLTAIC SYSTEMS 1 Plan Review 230.50$ each 2 Building Permit Fee 109.50$ each F)WORK WITHOUT PERMIT Double the permit fee G)PERMIT DOCUMENTATION RETENTION FEE $10 minimum SUPPLEMENTAL PLAN CHECK & INSPECTION FEES A)HOURLY RATES 1 Building Inspector 122.00$ per hour 1 hour minimum 2 Building Official 225.00$ per hour 1 hour minimum 3 After Hours Inspection 122.00$ per hour 4 hour minimum 4 Overtime Inspection FBHR of Staff ii per hour 4 hour minimum (for projects requesting same day insepction if schedule is full) B)IN-HOUSE PLAN CHECK (after 1st and 2nd check)123.00$ each C)EXPEDITED FEE 1 In-house Actual Cost + 50% City Admin Fee each 2 Consultant Actual Cost + 50% City Admin Fee each D)P.M.E. PLAN CHECK 1 P.M.E. Plan Check Actual Cost + 50% City Admin Fee each 2 P.M.E. Expedited Actual Cost + 50% City Admin Fee each E)TEMPORARY CERTIFICATE OF OCCUPANCY (TCO)330.00$ each F)BUILDING PERMIT EXTENSION / REACTIVATION 166.00$ per permit G)CONSTRUCTION NOISE PERMIT 195.00$ per permit Footnotes: ii The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. 0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. To enable applicant to occupy the premises prior to completing all of the required work on the plans.Permit fee will be for additonal inspections,outside of the code required final inspections,to give owner a list of life-safety items to complete before occupying the space, thereby deferring the completion of non-life safety items until Final Inspection approval. - BUILDING - 15 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE SUPPLEMENTAL PLAN CHECK & INSPECTION FEES Cont'd H)ISSUING PERMITS TO UTILITY COMPANIES 58.00$ per permit I)SEWER CONNECTION PERMITS 105.00$ per permit J)CHANGE OF OCCUPANCY 330.00$ each Plans review and inspection for proposed change of occupancy without construction. K)ENERGY COMPLIANCE FEE Equal to 5% of the building permit fee $20 minimum (This applies to all new habitable addition, commercial or residential) L)STRONG MOTION INSTRUMENTATION PROGRAM (SMIP) iii (Does not apply to pools, spas, reroofs or signs with a foundation) 1 Residential $0.00013 x valuation $0.50 minimum 2 Commercial $0.00028 x valuation $0.50 minimum M)SB1473 - BUILDING STANDARDS ADMINISTRATION SPECIAL REVOLVING $0.00004 x valuation $1.00 minimum FUND iii N)CONSTRUCTION & DEMOLITION DEBRIS RECYCLING REVIEW FEE - CONSTRUCTION DEBRIS RECYCLING ORDINANCE iv 1 Administrative Cost Recovery Fee 75.00$ 2 Performance Security Deposit Valuation up to $100K 100.00$ deposit, per permit Valuation over $100K 250.00$ deposit, per permit Condominiums and Apartments 500.00$ deposit, per permit Commercial, industrial and other private covered projects: Valuation up to $100K 500.00$ deposit, per permit Valuation over $100K 1,000.00$ deposit, per permit Footnotes: iii Fee is set by the State and is subject to change. iv Exception: modification and alteration work to an existing condominium or apartment individual unit shall deposit the same amount as those specified to single family homes and duplexes. (Deposited with the Waste Diversion Plan of the Public Works Department.Deposit will be refunded after compliance with the Construction Debris Recycling ordinance.If Construction debris is not recycled,or if there are no records of having done so,the deposit will be forfeited.) - BUILDING - 16 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE PLUMBING FEES A)ISSUANCE FEE 36.46$ per permit B)ANY FIXTURE 23.00$ each C)GAS PIPING 1 1-5 Outlets 13.20$ each 2 Additional 4.40$ each D)POOL / SPA 90.63$ each E)PRIVATE SEWAGE SYSTEMS 90.63$ each F)INSTALLATION, ALTERATIONS, REPAIR PIPING 29.91$ each G)FLOOR SINKS / DRAINS 23.00$ each H)BACKFLOW SPRINKLER SYSTEMS 24.00$ each I)VACUUM BREAKERS 1 1-5 23.00$ each 2 Additional 13.20$ each J)P-TRAP 23.00$ each K)GREASE TRAP 45.31$ each L)INVESTIGATION FEE - WORK WITHOUT PERMIT 202.00$ M)WORK WITHOUT PERMIT Double the permit fee N)PERMIT DOCUMENTATION RETENTION FEE $10 minimum0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. - BUILDING - 17 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ELECTRICAL FEES A)ISSUANCE FEE 36.46$ per permit B)OUTLETS: LIGHTS, SWITCHES, RECEPTACLES 1 First 20 2.60$ each 2 Additional 1.79$ each C)LIGHTING FIXTURE 1 First 20 2.60$ each 2 Additional 1.79$ each D)FIXED APPLIANCE NOT OVER 1 H.P.19.00$ each E)POWER APPARATUS & LARGE APPLIANCE 1 Up to 1 19.00$ each 2 2 - 10 24.00$ each 3 11 - 50 29.00$ each 4 51 - 100 45.00$ each 5 Over 100 66.00$ each F)SERVICE 1 0-200 A. Under 600 V 55.00$ each 2 201-1000 A. Under 600 V 127.11$ each 3 Over 1000 A Under 600 V 182.81$ each G)TEMPORARY POWER POLE 24.00$ each H)SUB POLE 15.08$ each I)SIGN 1 Includes 1 circuit 36.00$ each 2 Additional circuits 10.01$ each J)POOL / SPA 65.00$ each K)POLE LIGHTING 1 1 - 6 9.03$ each 2 Over 6 5.61$ each L)INVESTIGATION FEE - WORK WITHOUT PERMIT 202.00$ M)WORK WITHOUT PERMIT Double the permit fee N)PERMIT DOCUMENTATION RETENTION FEE $10 minimum0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. - BUILDING - 18 City of West Covina BUILDING - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE MECHANICAL FEES A)ISSUANCE FEE 36.46$ per permit B)FAU AIR / FURNACE 1 Up to 100,000 BTU 24.00$ each 2 Over 100,000 BTU 45.83$ each C)HEATER (SUSPENDED, RECESSED, FLOOR)24.00$ each D)APPLIANCE VENT INSTALLED AND NOT INCLUDED IN APPLIANCE 24.00$ each PERMIT E)REFRIGERATION UNIT, COMFORT COOLING, ABSORBENT UNIT 24.00$ each F)COMPRESSOR OR BOILER 1 Not over 3 HP & up to 100,000 BTU 24.00$ each 2 3 HP - 15 HP or 100k - 500K BTU 28.80$ each 3 15 HP - 30 HP or 500K - 1 mil BTU 34.56$ each 4 30 HP - 50HP or 1 mil - 1.5 mil BTU 41.47$ each 5 Over 50 HP or over 1.5 mil BTU 49.77$ each G)AIR HANDLING UNIT 1 Not over 10,000 CFM 24.00$ each 2 Over 10,000 CFM 28.80$ each H)EVAPORATIVE COOLER 24.00$ each I)VENT FAN CONNECTED TO A SINGLE DUCT 24.00$ each J)VENTILATION SYSTEM NOT A PART OF FAU SYSTEM 24.00$ each K)HOOD SERVED BY A MECHANICAL EXHAUST 48.00$ each L)REGISTERS / INLETS / OUTLETS 17.81$ each M)FIRE DAMPERS 17.81$ each N)DUCT EXTENSION 17.81$ each O)INVESTIGATION FEE - WORK WITHOUT PERMIT 202.00$ P)WORK WITHOUT PERMIT Double the permit fee Q)PERMIT DOCUMENTATION RETENTION FEE $10 minimum0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. - BUILDING - 19 City of West Covina POLICE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ADMINISTRATIVE CITATIONS - ZONING CODE ENFORCEMENT A)SIGN PERMIT REQUIRED 1 First Citation 40.00$ per citation Applies to first citation 2 Late Fee 15.00$ per citation Applies to first citation 3 Subsequent Citations 80.00$ per citation All subsequent citations 4 Late Fee 30.00$ per citation All subsequent citations B)FAILURE TO SUBSCRIBE FOR RUBBISH COLLECTION SERVICE 1 First Citation 40.00$ per citation Applies to first citation 2 Late Fee 15.00$ per citation Applies to first citation 3 Subsequent Citations 80.00$ per citation All subsequent citations 4 Late Fee 30.00$ per citation All subsequent citations C)WASTE CONTAINERS IN VIEW 1 First Citation 40.00$ per citation Applies to first citation 2 Late Fee 15.00$ per citation Applies to first citation 3 Subsequent Citations 80.00$ per citation All subsequent citations 4 Late Fee 30.00$ per citation All subsequent citations D)UNAUTHORIZED WASTE CONTAINERS IMPOUND 1 First Citation i 500.00$ per citation 2 Second Offense i 1,000.00$ per citation E)PERMITTING WATER TO FLOW ON PUBLIC STREETS 1 First Citation 100.00$ per citation 2 Second Citation (within one year)200.00$ per citation 3 Third Citation (within one year)500.00$ per citation 4 Late Fee 10% of Fine per citation F)PRECISE PLAN COMPLIANCE 1 First Citation 100.00$ per citation 2 Second Citation (within one year)200.00$ per citation 3 Third Citation (within one year)500.00$ per citation 4 Late Fee 10% of Fine per citation G)DUMPING ON PUBLIC OR PRIVATE PROPERTY 1 First Citation 100.00$ per citation 2 Second Citation (within one year)200.00$ per citation 3 Third Citation (within one year)500.00$ per citation 4 Late Fee 10% of Fine per citation Footnotes: i Plus $25.00 per day of storage, and the Materials Recovery Facility (MRF) processing rate per ton of waste in the box. - POLICE - 20 City of West Covina POLICE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ADMINISTRATIVE CITATIONS - ZONING CODE ENFORCEMENT Cont'd H)ALL OTHER VIOLATIONS OF WEST COVINA MUNICIPAL CODE 1 First Citation 100.00$ per citation 2 Second Citation (within one year)200.00$ per citation 3 Third Citation (within one year)500.00$ per citation 4 Late Fee 10% of Fine per citation I)LATE PAYMENT PENALTY -- ADMINISTRATIVE CITATION Additional 30% 3rd Party Pass-thru from Vendor PARKING AND VEHICLE CODE CITATIONS A)PARKING ENFORCEMENT 3.00$ per citation Per SB 857, subject to change B)PARKING CITATION PENALTY 1 MC 15-12: Vehicle on Private Property ii 65.00$ per citation 2 MC 15-13A: Vehicle for sale offstreet pkg ii 85.00$ per citation 3 MC 15-13B8: Vehicle for sale offstreet pkg presumption ii 85.00$ per citation 4 MC 15-14A1: Inop vehicle front yard or public ii 130.00$ per citation 5 MC 22-9: No drv/park/stop City prop w/o permit ii 65.00$ per citation 6 MC 22-79: No veh/ped on bike lanes ii 65.00$ per citation 7 MC 22-166: No stopping/pkg zone signs ii 65.00$ per citation 8 MC 22-168A: No stop/stand/park divisional island ii 60.00$ per citation 9 MC 22-168B: No stop/stand/park public walkway ii 65.00$ per citation 10 MC 22-168C: No stop/stand/park posted/painted ii 60.00$ per citation 11 MC 22-168E: No stop/stand/park fire/police station ii 85.00$ per citation 12 MC 22-168G: No stop/stand/park/25 ft stop/yellow ii 60.00$ per citation 13 MC 22-168H: No stop/stand/park/20 ft crosswalk ii 60.00$ per citation 14 MC 22-169A: No stop/stand/park within parkway ii 60.00$ per citation 15 MC 22-169B: No stop/stand/park within intersection ii 60.00$ per citation 16 MC 22-171: No stop/stand/park in bus zone ii 60.00$ per citation 17 MC 22-172B: No pkg adjacent school property ii 60.00$ per citation 18 MC 22-173: Parking prohibited narrow street ii 60.00$ per citation 19 MC 22-173B: No parking on narrow street ii 60.00$ per citation 20 MC 22-174: No pkg certain day or hours posted ii 60.00$ per citation 21 MC 22-176: Curb zones & time limit parking ii 60.00$ per citation 22 MC 22-176A: Loading zone yellow curb ii 60.00$ per citation 23 MC 22-176B: White curb marked pass only 3 min ii 60.00$ per citation 24 MC 22-176C: White curb marked mail drop only ii 60.00$ per citation 25 MC 22-176D: Green curb marked pass cars only ii 60.00$ per citation 26 MC 22-176E: No park/stand times posted signs ii 60.00$ per citation Footnotes: ii The fee schedule will recoup the State surcharge and administrative costs incurred by the City. - POLICE - 21 City of West Covina POLICE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE PARKING AND VEHICLE CODE CITATIONS Cont'd B)PARKING CITATION PENALTY Cont'd 27 MC 22-176F: Blue curb handicapped parking only ii 350.00$ per citation 28 MC 22-178: No park/stand/stop load/unload ii 60.00$ per citation 29 MC 22-179B: Must park within space ii 60.00$ per citation 30 MC 22-180: Must park parallel unless marked ii 60.00$ per citation 31 MC 22-181A: Diagonal parking within limits ii 60.00$ per citation 32 MC 22-182A: Park lefthand curb unless sign pro ii 60.00$ per citation 33 MC 22-182B: No parking lefthand curb ii 65.00$ per citation 34 MC 22-183: No park selling/offering roadway ii 65.00$ per citation 35 MC 22-183B: No washing/serv/repair on highway ii 65.00$ per citation 36 MC 22-183C: No selling on roadway ii 65.00$ per citation 37 MC 22-184A: Parking of commercial veh/residential ii 65.00$ per citation 38 MC 22-185: Parking trailers, etc., prohibited ii 65.00$ per citation 39 MC 22-186: No park unattended haz mat vehicle ii 65.00$ per citation 40 MC 22-188C: No parking posted firelane private property ii 75.00$ per citation 41 MC 26-392A: No parking/storing commercial vehicle residential ii 220.00$ per citation 42 MC 26-392B: No park/store vehicle unpaved yard ii 60.00$ per citation 43 MC 26-581J: No parking commercial veh/outside sp com zone ii 260.00$ per citation 44 In designated Neighborhood Parking Protection Zones (NPPZ) Double the rate of WCMC Section 22-174 per citation Enhanced Penalty Schedule under Neighborhood Parking Protection Zones 45 VC 5200: Must have 2 license plates iii 65.00$ per citation 46 VC 5204: Must have current tab rear plate iii 108.00$ per citation 47 VC 5204A: Must have current tab iii 108.00$ per citation 48 VC 21113A: Parking on public grounds iii 60.00$ per citation 49 VC 22500A: No park/stand/stop within intersection iii 65.00$ per citation 50 VC 22500B: No park/stand/stop on crosswalk iii 65.00$ per citation 51 VC 22500D: No park/stand/stop 15 ft fire station iii 65.00$ per citation 52 VC 22500E: No park/stand/stop front driveway iii 65.00$ per citation 53 VC 22500F: No park/stand/stop on sidewalk iii 65.00$ per citation 54 VC 22500G: No park/stand/stop highway work iii 65.00$ per citation 55 VC 22500H: No park/stand/stop on roadway side of parked vehicle iii 65.00$ per citation 56 VC 22500I: No park/stand/stop marked bus stop iii 280.00$ per citation 57 VC 22500J: No park/tube or tunnel iii 55.00$ per citation 58 VC 22500K: No park/ upon a bridge iii 55.00$ per citation 59 VC 22500.1: No stop/stand/park firelane iii 85.00$ per citation 60 VC22502A: Must park within 18" from curb iii 60.00$ per citation Footnotes: ii The fee schedule will recoup the State surcharge and administrative costs incurred by the City. iii Fines may be subject to change in conformance with Uniform Bail and Penalty Schedules that may be adopted by the Judicial Council of California. - POLICE - 22 City of West Covina POLICE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE PARKING AND VEHICLE CODE CITATIONS Cont'd B)PARKING CITATION PENALTY Cont'd 61 VC 22507.8: No pkg stall/space disabled person iii 400.00$ per citation 62 VC 22507.8C: Obstructing handicapped access iii 195.00$ per citation 63 VC 22514: No park/stand/stop 15 ft fire hydrant iii 60.00$ per citation 64 VC 22522: No park within 3 ft sidewalk acc ramp iii 75.00$ per citation 65 Late payment penalty iii $ 40.00 per citation After 21 days from issuance date 66 Late payment penalty--parking citation Additional 30% 3rd Party Pass-thru from Vendor ADMINISTRATIVE PENALTIES A)MC 15-85: LOUD AND UNCESSARY NOISES PROHIBITED GENERALLY 1 First Offense 100.00$ per citation 2 Second Offense (within one year)200.00$ per citation 3 Subsequent Citations (within one year)500.00$ per citation B)MC 15-94: RADIOS, TELEVISION SETS, AND SIMILAR DEVICES 1 First Offense 100.00$ per citation 2 Second Offense (within one year)200.00$ per citation 3 Subsequent Citations (within one year)500.00$ per citation C)GRAFFITI 1 MC 15-100: Prohibition against causing or attempting to cause 1,000.00$ per citation graffiti iv 2 MC 15-101(a): Selling or loaning implement used to cause 1,000.00$ per citation graffiti iv 3 MC 15-102: Possession of graffiti implement iv 1,000.00$ per citation 4 MC 15-103: Removal of graffiti v 1,000.00$ per citation ALL OTHER POLICE DEPARTMENT FEES A)CIVIC CENTER PARKING FEES 1 Park and Ride (all day)1.00$ all day 2 Hourly 1.00$ per hour Maximum $5.00 Footnotes: iii Fines may be subject to change in conformance with Uniform Bail and Penalty Schedules that may be adopted by the Judicial Council of California. iv Parents or legal guardians are liable for the fines incurred by juvenile offenders. v Fine may be assessed to private and commercial property owners who refuse to clean up graffiti on their property after written notice. - POLICE - 23 City of West Covina POLICE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ALL OTHER POLICE DEPARTMENT FEES Cont'd B)FALSE ALARM 1 1st to 3rd response in a 365 day period No charge 2 4th to 6th false alarm in a 365 day period 150.00$ per response 3 7th and any subsequent false alarm in a 365 day period vi 200.00$ per response C)MULTIPLE POLICE RESPONSES 1 Party 250.00$ per response No charge for first warning 2 Bar 250.00$ per response No charge for first warning D)STORED / ABANDONED VEHICLE RELEASE 200.00$ per vehicle E)CLEARANCE LETTER PROCESSING 10.00$ per letter F)GUN PERMIT vii 1,000.00$ per permit G)ALCOHOLIC BEVERAGE PERMIT 390.00$ per permit On-site compliance inspection H)POLICE DEPARTMENT DUI ACCIDENT FEE Actual Cost per incident FBHR of Staff viii + Materials, maximum $12,000 I)JAIL BOOKING 150.00$ per prisoner J)JUVENILE DETENTION 30.00$ per qtr hour First hour free K)OUTSIDE SERVICE (SECURITY FOR COMMUNITY EVENTS) ix 70.00$ per hour L)SUPERVISOR FOR OUTSIDE SERVICE ix 80.00$ per hour M)FORECLOSED PROPERTIES REGISTRATION FEE 375.00$ per property, annually Persuant to Ordinance No. 2238 N)POLICE CRIME REPORT REPRODUCTION 0.25$ per page Or the full cost to the extent allowed by Public Records Act O)POLICE MEDIA REPRODUCTION 35.00$ each Footnotes: vi Activation will be discontinued for 30 days for each successive false alarm received. Failure to pay wtihin 30 days will result in the cessation of police response to further activations. vii All CCW Licenses are processed through the L.A. County Sheriff's Department. viii The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. ix The City reserves the right to fulfill service requests based on personnel availability and qualifications for the level of service requested. - POLICE - 24 City of West Covina FIRE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE FIRE ADMINISTRATION A)FALSE FIRE ALARM 1 1st and 2nd time (within a calendar year) 2 3rd and 4th time (within a calendar year)409.00$ per incident 3 5th and 6th time (within a calendar year)819.00$ per incident 4 7 or more times (within a calendar year)1,639.00$ per incident B)COPY OF AN EMERGENCY MEDICAL SERVICES (EMS) REPORT 20.00$ per report C)COPY OF AN INCIDENT REPORT 20.00$ per report FIRE PROTECTION SYSTEM - FIRE PLAN CHECK FEES A)APPLICATION FEE $ 99.00 flat fee B)EXPEDITE FEE $ 99.00 flat fee plus application fee C)NON COMPLIANCE - FAILURE TO COMPLY WITH ORDERS, TAGS, $ 550.00 flat fee OR NOTICES TYPES OF FIRE PROTECTION SYSTEM PERMITS: D)FLAMMABLE LIQUID STORAGE 1 Underground tank installation $406.00 + consultant fee per tank 2 Above-ground tank installation $406.00 + consultant fee per tank 3 Underground tank removal $406.00 + consultant fee per tank 4 Above-ground tank removal $406.00 + consultant fee per tank 5 Vapor recovery modifications $135.00 + consultant fee per recovery Copies of EMS/Incident reports can be obtained by contacting the Fire Administration office (City Hall - 2nd Floor, 626-939-8824, www.westcovina.org/fire). No charge To start the process,the applicant must visit the Fire Administration office (City Hall -2nd Floor)complete the application,submit 3 copies of the fire plans,and pay the application fee (regular/expedited).The regular plan check turnaround time is 14 business days from the date plans were submitted; whereas, the expedited plan check turnaround time is 7 business days. The permit fees listed in D-H include up to 3 inspections. If additional inspection time is required, the the Miscellaneous Fee (As-Needed Fire Inspection) is applicable. Fire plans are reviewed by a City consultant to ensure compliance with the California Fire Code,California Building Code,and applicaple adopted standards.After the initial consultant review,the applicant is notified to pick-up the approved plans and/or return the plans for subsequent consultant review.Once fire plans have been approved by the consultant and the Fire Prevention Bureau,the applicant will pay the applicable permit cost (C-G below)and consultant fees,then pick-up the finalized building plans (that include a stamp from the consultant and the Fire Prevention Bureau).Once all costs are paid,the applicant will receive a copy of the Fire Protection System Permit.The applicant has 6 months to complete the work/project and schedule required inspections with the Fire Prevention Bureau (the permit fee covers most of the inspection costs). If additional inspection time is required, the Miscellaneous Fee (As-Needed Fire Inspection) is applicable. The Fire Protection System - Fire Plan Check process is applicable when a fire protection system is installed, rehabilitated or modified. - FIRE - 25 City of West Covina FIRE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE FIRE PROTECTION SYSTEM - FIRE PLAN CHECK FEES Cont'd E)HIGH PILED STORAGE (FOR STORAGE RACK PLANS)338.00$ per plan F)FIRE ALARM SYSTEM 1 Fire alarm systems (new) with FACP $542.00 + consultant fee per submittal 2 Additional devices (each)$33.00 + consultant fee per add'l device 3 Modifications to existing systems $271.00 + consultant fee per submittal G)FIRE SPRINKLER SYSTEM 1 OH Sprinklers - Residential (unlimited heads)$338.00 + consultant fee per system 2 OH Sprinklers - Commercial (new and tenant $338.00 + consultant fee per system improvements) - Up to 50 heads 3 OH Sprinklers - Commercial (new and tenant $542.00 + consultant fee per system improvements) - 51 to 100 heads 4 OH Sprinklers - Commercial (new and tenant $677.00 + consultant fee per system improvements) - 101 to 250 heads 5 OH Sprinklers - Commercial (new and tenant $813.00 + consultant fee per system improvements) - more than 250 heads 6 Underground fire service supply - Private fire hydrants $677.00 + consultant fee per system & fire line - (per detector check connection) 7 Fire standpipe system/hose stations - Class I, II, III and $474.00 + consultant fee per system Article 81 - (per system/station) 8 Automatic fixed extinguishing system Kitchen hood suppression system (wet chemical)$338.00 + consultant fee per system FM 200 systems, Energen, etc.$474.00 + consultant fee per system 9 Fire pump Diesel pump $406.00 + consultant fee per pump Electric pump $406.00 + consultant fee per pump 10 Water storage tank Gravity tank $271.00 + consultant fee per tank Pressure tank $271.00 + consultant fee per tank 11 5-year certification test on sprinkler system 135.00$ per hour (Witnessed by a fire inspector; 1 hour minimum) H)PRIVATE FIRE PROTECTION SYSTEM TESTING 1 Smoke test 135.00$ per test 2 Hydrant flow test 135.00$ per test - FIRE - 26 City of West Covina FIRE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE NEW BUILDING / MODIFICATION - FIRE PLAN CHECK FEES A)BUILDING MODIFICATION - FIRE PLAN CHECK INSPECTION Minimum $25; includes 2 inspections B)APPLICATION FEE $ 99.00 flat fee C)EXPEDITE FEE $ 99.00 flat fee plus application fee D)NON COMPLIANCE - FAILURE TO COMPLY WITH ORDERS, TAGS, $ 550.00 flat fee OR NOTICES STATE MANDATED INSPECTION FEES A)State Mandated Inspection Types 1 State license (Form 850) inspection - Adult or Child 203.00$ per license 2 Daycare facility - Commercial - Adult or Child 338.00$ flat fee 3 Daycare facility - Residential - Adult or Child 135.00$ flat fee 4 Convalescent hospital 542.00$ flat fee 5 Hospital 1,016.00$ flat fee 6 Medical facility 542.00$ flat fee 7 High rise building (up to the 6th floor)1,016.00$ flat fee State mandated inspection fees are charged per calendar year.To start the process,please visit the Fire Admistration office (City Hall -2nd Floor),fill out an application,and pay the applicable fee.Next,the Fire Prevention Bureau will schedule an inspection (the paid fee covers most of the inspection costs). If additional inspection time is required, the Miscellaneous Fee (As-Needed Fire Inspection) is applicable. The New Building /Modification -Fire Plan Check process is applicable for all construction projects within the City.The process is mostly handled by the Building/Engineering Division;whereas,the Fire Prevention Bureau is responsible for reviewing plans to ensure compliance with the California Fire Code, California Building Code, and California Health & Safety Code. To start the process,the applicant must first visit the Building/Engineering Division (City Hall -2nd Floor)and complete an application.Next,the applicant will visit the Fire Administration office (City Hall -2nd Floor)to submit a copy of their Building/Engineering Division application,1 copy of the building plan,and pay the application fee (regular/expedited).The regular plan check turnaround time is 14 business days from the date the plans are submitted; whereas, the expedited turnaround time is 7 business days. Building plans are reviewed by a City consultant.After the initial consultant review,the applicant is notified to pick-up the approved plans and/or return the plans for subsequent consultant review.Once all revisions are finalized,the applicant will pay the applicable consultant charges, and pick-up the finalized building plans (that include a stamp from the consultant and the Fire Prevention Bureau). The applicant has 6 months to complete the work/project and schedule an inspection with the Fire Prevention Bureau (the 10%collected from the building permit fee covers most of the inspection costs).If additional inspection time is required,the Miscellaneous Fee (As-Needed Fire Inspection) is applicable. Note: The Building Inspector will not finalize any project until it has been inspected by the Fire Prevention Bureau. 10% of building permit fee California Health &Safety Code Section 13145 requires local fire protection districts to enforce the standards related to fire and panic safety adopted by the State Fire Marshal and published in the State Building Standards Codes,as well as other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic.The regulations mandate inspections of state-regulated buildings and structures including,but not limited to those used for public assembly,educational purposes, institutional facilities, multi-family residential dwellings and high-rise buildings. - FIRE - 27 City of West Covina FIRE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE STATE MANDATED INSPECTION FEES Cont'd 8 High rise building (per floor above the 6th floor)271.00$ per floor > 6 9 Hotels, motels, apartments (R-1): up to 20 units 327.00$ flat fee 10 Hotels, motels, apartments (R-1): 21 to 40 units 409.00$ flat fee 11 Hotels, motels, apartments (R-1): 41 to 60 units 491.00$ flat fee 12 Hotels, motels, apartments (R-1): over 60 units 573.00$ flat fee 13 Schools (public and private) CA FIRE CODE - OPERATIONAL PERMITS (AS-NEEDED) A)AS-NEEDED OPERATIONAL PERMIT TYPE 1 Asbestos removal: up to 20,000 square feet 327.00$ flat fee 2 Asbestos removal: more than 20,000 square feet 409.00$ flat fee 3 Bowling pin or alley refinishing 327.00$ flat fee 4 Candles and/or open flame in assembly area 163.00$ flat fee 5 Carnivals and fairs: up to 10 concession stands 199.00$ flat fee 6 Carnivals and fairs: more than 10 concession stands 299.00$ flat fee 7 Christmas tree lots 245.00$ flat fee 8 Exhibits and trade shows 245.00$ flat fee 9 Explosives or blasting agents 245.00$ flat fee 10 Fire hydrant use & water control valves 163.00$ flat fee 11 Fire hydrant (removal from service)163.00$ flat fee 12 Fireworks display: up to 115 devices 271.00$ + stand-by fee See hourly rates section plus stand-by fee (see hourly rates) 13 Fireworks display: more than 115 devices 338.00$ + stand-by fee See hourly rates section plus stand-by fee (see hourly rates) 14 Liquid/gas fueled vehicle or equipment in assembly area 163.00$ flat fee 15 Occupant load increase 203.00$ flat fee 16 Open pit barbecues/recreational fires/open burning 135.00$ flat fee 17 Parade floats 135.00$ flat fee 18 Production facilities - film permit 299.00$ + stand-by fee See hourly rates section plus stand-by fee (see hourly rates) 19 Pyrotechnical special effects material 271.00$ + stand-by fee See hourly rates section plus stand-by fee (see hourly rates) 20 Special events 299.00$ flat fee 21 Tents, canopies/temporary membrane structures 135.00$ flat fee No charge to schools In accordance with the California Fire Code Sections 105.1.1 through 105.7.18,the Fire Prevention Bureau issues operational permits that allow the applicant to conduct an operation or a business for which the permit is required.Buildings or businesses that had previously been inspected (where new construction has not been scheduled)but which require an annual inspection per the California Fire Code,will be charged an operational permit fee.To start the process,please visit the Fire Administration office (City Hall -2nd Floor),submit an application,and pay the applicable operational permit fee.Next,the Fire Prevention Bureau will schedule an inspection (the paid fee covers most of the inspection costs). If additional inspection time is required, the Miscellaneous Fee (As-Needed Fire Inspection) is applicable. - FIRE - 28 City of West Covina FIRE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE CA FIRE CODE - OPERATIONAL PERMITS (ANNUAL) A)ANNUAL OPERATIONAL PERMIT TYPE 1 Aerosol Products 327.00$ per year 2 Battery system, operation 245.00$ per year 3 Combustible fiber storage handling 327.00$ per year 4 Combustible material storage 327.00$ per year 5 Combustible rubbish handling operation 327.00$ per year 6 Compressed gases/medical gas system 327.00$ per year 7 Cryogenic fluids 327.00$ per year 8 Dry cleaning 327.00$ per year 9 Dust collection systems/producing operations 327.00$ per year 10 Flammable or combustible liquids 327.00$ per year 11 Garage - repair facility 245.00$ per year 12 Hazardous materials facility/vapor extraction 327.00$ per year 13 High piled combustible storage 327.00$ per year 14 Liquid/gas fueled equipment (generator)163.00$ per year 15 Liquefied petroleum gas storage 163.00$ per year 16 Lumber yards 327.00$ per year 17 Magnesium working 327.00$ per year 18 Malls/kiosks/concessions (assembly - vehicle display)163.00$ per year 19 Malls/carts/concessions 109.00$ per year 20 Motor vehicle fuel dispensing station 163.00$ per year 21 Organic coatings 327.00$ per year 22 Oven, industrial - baking and drying 327.00$ per year 23 Places of assembly (50 or more occupants)327.00$ per year 24 Radioactive materials 327.00$ per year 25 Refrigeration equipment (commercial)163.00$ per year 26 Spraying or dipping facility 327.00$ per year 27 Tire storage 327.00$ per year 28 Waste material handling plant 327.00$ per year 29 Welding and cutting operation 327.00$ per year 30 Wood products storage 327.00$ per year In accordance with the California Fire Code (Sections 105.1.1 through 105.7.18),the Fire Prevention Bureau issues annual operational permits that allow the applicant to conduct an operation or a business for which the permit is required.Buildings or businesses that had previously been inspected (where new construction has not been scheduled)but which require annual inspection per the California Fire Code,will be charged an annual operational permit fee.To start the process,please visit the Fire Administration office (City Hall -2nd Floor),submit an application, and pay the applicable fee.Next,the Fire Prevention Bureau will schedule an inspection (the paid fee covers most of the inspection costs).If additional inspection time is required, the Miscellaneous Fee (As-Needed Fire Inspection) is applicable. - FIRE - 29 City of West Covina FIRE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE HOURLY RATES (STAND-BY FEES) A)TYPE OF RESOURCE 1 Fire Chief 352.00$ per hour 2 Assistant Fire Chief 181.00$ per hour 3 Engine company 491.00$ per hour 4 Truck company (3-person)491.00$ per hour 5 Paramedic (2-person)327.00$ per hour 6 Fire Prevention 271.00$ per hour EMERGENCY MEDICAL SERVICE FEES A)TYPE OF SERVICE 1 Basic Life Support (BLS): non-emergency response i 1,183.00$ flat fee 2 Basic Life Support (BLS): emergency response i 1,268.00$ flat fee 3 Advanced Life Support (ALS): non-emergency response i 1,776.00$ flat fee 4 Advanced Life Support (ALS): emergency response i 1,900.00$ flat fee 5 Mileage rate - each mile or fraction thereof i 18.00$ per mile 6 Oxygen - charge per tank or fraction thereof i 92.00$ per tank 7 Disposal medical supplies i 27.00$ flat fee 8 Night response (request for service after 7pm and before 7am) i 20.00$ flat fee Added to the BLS or ALS response fee 9 Voluntary ambulance subscription program (per household)70.00$ per year MISCELLANEOUS FIRE FEES A)TYPE OF SERVICE 1 EMS Assessment Fee 289.00$ per incident 2 EMS Medical Facility Fee 289.00$ per incident 3 Emergency responder radio coverage system $271.00 + consultant fee per inspection 4 DUI accident response investigation Actual Cost per incident FBHR of Staff ii + Materials, maximum $12,000 5 Hazardous materials clean-up Actual Cost per incident FBHR of Staff ii + Materials 6 Weed abatement Actual cost of clean-up per incident + 130% administrative fee 7 As-needed fire inspection (add'l inspection, for insurance, etc.)135.00$ per hour Footnotes: i Based on LA County ambulance rates, subject to change. ii The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year. - FIRE - 30 City of West Covina COMMUNITY SERVICES - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE RECREATION AND COMMUNITY SERVICES i A)KEY SERVICES PROVIDED BY CITY: ii 1 Facility and Park Shelter Rentals 2 Licensed Daycare and Preschool Programs 3 Recreation Contract Classes 4 Special Events 5 Aquatics Program (swim team and swimming lessons) 6 Transit Services (Dial-A-Ride, Shuttle) 7 Senior Meal Program 8 Excursion Program 9 Recreation Sports Leagues B)ADMINISTRATIVE FEE iii 3%per transaction Footnotes: i Service offerings and fees for the above can be found in the current publication of the City of West Covina Community Recreation Guide. ii The services listed are subject to the following: -Charges for services provided by or requested of the City will be determined by staff based on the fully burdened hourly rate of staff, or a market determination for facility use. -SPORTS COUNCIL MEMBER youth teams are exempt based on in-kind maintenance services they provide throughout the year. -Security, chemical toilets, trash receptacle services, etc. may be required at participant's expense. -Fee waivers are not permitted on facility rentals between the peak hours of Friday at 5:00 p.m. through Sunday at 10:00 p.m. This policy applies to facility rentals only. Park fee waivers will still be available with City Manager or City Council approval. iii The administrative fee is charged on each transaction to recover a portion of costs related to the organization or programs and processing of requests. - COMMUNITY SERVICES - 31 City of West Covina FINANCE - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ADMINISTRATION A)RETURNED CHECK (NSF) PROCESSING 1 First check 25.00$ per check 2 Subsequent returned checks 35.00$ per check B)LATE PAYMENT FEE 17.00$ per transaction C)COLLECTION AGENCY FEE Actual Cost per transaction 3rd party pass-thru D)SERVICE FEE 2%per credit/debit card transaction BUSINESS LICENSE / PERMITS A)BUSINESS LICENSE 1 New/Changed Business License Application Review Actual Cost per application 3rd party pass-thru 2 New/Changed Business License Application Review (state fee)1.00$ per BL Per SB 1186, subject to change B)PERMITS 1 Home Occupation Review 10.00$ each 2 Bingo Permit 26.00$ per year 3 Solicitation Permit - first time 52.00$ per year 4 Solicitation Permit - renewal 39.00$ per year 5 Games of Skill or Science Permit i 52.00$ per game, per year Maximum of 3 games without an unclassified use permit 6 Hypnotist Permit 123.00$ per year Includes Public Safety Cost 7 Fortune Teller Permit 150.00$ per year Includes Public Safety Cost 8 Massage Therapist Permit - first time 150.00$ per year Includes Public Safety Cost 9 Massage Therapist Permit - renewal 137.00$ per year Includes Public Safety Cost 10 Massage Establishment Owner Permit 150.00$ per year Includes Public Safety Cost 11 Mobile Food Vendor Permit 32.00$ per year 12 Adult Oriented Business Performer Review/Renewal Fee 107.00$ per year Does not include cost of photos or fingerprints Footnotes: i Games can be video, coin operated, pool table, etc. - FINANCE - 32 City of West Covina CITY CLERK - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ADMINISTRATION A)REPRODUCTION FEES 1 Xerox - black and white 0.25$ per page 2 Xerox - color 0.60$ per page 3 Copies - under Fair Political Practices Commission (FPPC)0.10$ per page 4 Compact disc 5.00$ each 5 Dubbing of video tapes 30.00$ each 6 Microfilm 2.00$ each B)MUNICIPAL CODE BOOKS Full cost to the extent allowed by Public Records Act each CITY CLERK SERVICES A)NOTARY FEE 15.00$ per signature Set by State, subject to change B)DOCUMENT CERTIFICATION 1 Resident 25.00$ each 2 Non-Resident 35.00$ each C)LIFE VERIFICATION 1 Resident 25.00$ each 2 Non-Resident 50.00$ each D)RECORDS RESEARCH SERVICE 1 Research Request Full cost to the extent allowed by Public Records Act per request 2 Document Printing & Copying Full cost to the extent allowed by Public Records Act each E)SUBPOENA FEE FOR DOCUMENTS 15.00$ per service Set by State and Federal Governments, subject to change F)SUBPOENA FEE FOR WITNESSES 275.00$ per person Set by State and Federal Governments, subject to change - CITY CLERK - 33 City of West Covina CITY CLERK - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE PASSPORT SERVICES A)EXECUTION OF PASSPORT APPLICATION 25.00$ each Set by U.S. Department of State, subject to change B)OVERNIGHT DELIVERY 1 To processing center Actual Cost each Current Express Mail cost per USPS 2 From processing center Actual Cost each Current Express Mail cost per USPS C)PASSPORT PHOTOS (set of 2)15.00$ per set - CITY CLERK - 34 City of West Covina ANIMAL CONTROL - Fee Schedule Effective June 18, 2017 FEE DESCRIPTION FEE UNIT NOTE ANIMAL LICENSE / CONTROL i A)DOG LICENSE 1 Unaltered dog 60.00$ per year 2 Altered dog 22.00$ per year 3 Senior/disabled rate (altered dog) ii 10.00$ per year 4 Late Fee - senior citizen/disabled ii 1/2 of license fee per license In addition to license itself 5 Late Fee - all others Equal to one year license per license In addition to license itself B)CAT LICENSE 1 Unaltered cat 10.00$ per year 2 Altered cat 5.00$ per year 3 Late fee $ 20.00 per license In addition to license itself Footnotes: i Animal License Fees are evaluated annually and established by City Ordinance. ii Senior citizen discount criteria - 60 years of age or older, with a spayed or neutered pet. One discount per home. - ANIMAL CONTROL - 35 City of West Covina Comprehensive User Fee Study Report April 11, 2017 Corporate Office: Office Locations: 27368 Via Industria Anaheim, CA New York, NY Suite 200 Oakland, CA Orlando, FL Temecula, CA 92590 Sacramento, CA Tel: (951) 587‐3500 Tel: (800) 755‐6864 Fax: (951) 587‐3510 www.willdan.com Attachment No. 3 City of West Covina Comprehensive User Fee Study ii TABLE OF CONTENTS Executive Summary ............................................................................................................................. 1 User Fee Background ........................................................................................................................... 2 Background ........................................................................................................................................................... 2 California User Fee History ................................................................................................................................... 2 Additional Policy Considerations .......................................................................................................................... 3 Study Objective.................................................................................................................................... 4 Scope of the Study ................................................................................................................................................ 5 Aim of the Report ................................................................................................................................................. 5 Project Approach and Methodology ..................................................................................................... 6 Conceptual Approach ........................................................................................................................................... 6 Fully Burdened Hourly Rates ................................................................................................................................ 6 Summary Steps of the Study ................................................................................................................................. 7 Allowable Costs ..................................................................................................................................................... 7 Methodology ........................................................................................................................................................ 8 Quality Control / Quality Assurance ..................................................................................................................... 8 Reasons for Cost Increases / Decreases Over Current Fees ................................................................................. 9 City Staff Contributions ......................................................................................................................................... 9 West Covina User Fees ....................................................................................................................... 10 Cost Recovery ..................................................................................................................................................... 10 Subsidization ....................................................................................................................................................... 10 Impact on Demand (Elasticity) ............................................................................................................................ 11 Summary ............................................................................................................................................................. 11 Planning ............................................................................................................................................. 12 Public Works ...................................................................................................................................... 12 Police ................................................................................................................................................. 13 Fire .................................................................................................................................................... 14 Finance and Administrative Services .................................................................................................. 15 City of West Covina Comprehensive User Fee Study iii Community Services .......................................................................................................................... 16 Appendix A – Total Allowable Cost to be Recovered .......................................................................... 17 Appendix B – Fully Burdened Hourly Rates ......................................................................................... 18 Appendix C – Cost Recovery Analysis & Suggested Fee Levels ............................................................ 25 City of West Covina Comprehensive User Fee Study 1 EXECUTIVE SUMMARY The City of West Covina (the City) engaged Willdan Financial Services (Willdan) to determine the full costs incurred by the City to support the various activities for which the City charges user fees. Due to the complexity and the breadth of performing a comprehensive review of fees, Willdan employed a variety of fee methodologies to identify the full costs of individual fee and program activities. This report and the appendices herein identifies 100% full cost recovery for City services and the recommended level of recovery as determined through discussion with departmental staff. The reality of the local government fee environment is that significant increases to achieve 100% cost recovery can often not be feasible, desirable, or appropriate depending on policy direction ‐ particularly in a single year. The recommended fees identified herein are either at or less than full cost recovery. City of West Covina Comprehensive User Fee Study 2 USER FEE BACKGROUND BACKGROUND As part of a general cost recovery strategy, local governments have adopted user fees to fund programs and services that provide limited or no direct benefit to the community as a whole. As cities struggle to maintain levels of service and variability of demand, they have become increasingly aware of subsidies provided by the General Fund and have implemented cost‐recovery targets. To the extent that governments use general tax monies to provide individuals with private benefits, and not require them to pay the full cost of the service (and, therefore, receive a subsidy), the government is limiting funds that may be available to provide other community‐wide benefits. In effect, the government is using community funds to pay for private benefit. Unlike most revenue sources, cities have more control over the level of user fees they charge to recover costs, or the subsidies they can institute. Fees in California are required to conform to the statutory requirements of the California Constitution, Proposition 218, and the California Code of Regulations. The Code also requires that the City Council adopt fees by either ordinance or resolution, and that any fees in excess of the estimated total cost of rendering the related services must be approved by a popular vote of two‐thirds of those electors voting as the charge would then be considered a tax and not a fee. CALIFORNIA USER FEE HISTORY Before Proposition 13, California cities were less concerned with potential subsidies and recovering the cost of their services from individual fee payers. In times of fiscal shortages, cities simply raised property taxes, which funded everything from police and recreation to development‐related services. However, this situation changed with the passage of Proposition 13 in 1978. Proposition 13 established the era of revenue limitation in California local government. In subsequent years, the state saw a series of additional limitations to local government revenues. Proposition 4 (1979) defined the difference between a tax and a fee: a fee can be no greater than the cost of providing the service; and Proposition 218 (1996) further limited the imposition of taxes for certain classes of fees. As a result, cities were required to secure a supermajority vote in order to enact or increase taxes. Considering these regulatory changes, cities have little control and very few successful options for new revenues. Compounding this limitation, the State of California took a series of actions in the 1990’s and 2000’s to improve the State’s fiscal situation—at the expense of local governments. As an example, in the 2000’s, the Educational Revenue Augmentation Funds (“ERAF”) take‐away of property taxes and the reduction of Vehicle License Fees have severely reduced local tax revenues. In addition, on November 2, 2010, California voters approved Proposition 26, the “Stop Hidden Taxes Initiative,” which is aimed at defining “regulatory fees” as a special tax rather than a fee, thus requiring approval by two‐thirds vote of local voters. These regulatory fees are typically intended to mitigate the societal and environmental impacts of a business or person’s activities. Proposition 26 contains seven categories of exceptions. The vast majority of fees that cities would seek to adopt will most likely fall into one or more of these exemptions. City of West Covina Comprehensive User Fee Study 3 ADDITIONAL POLICY CONSIDERATIONS In recent years, there has been a growing trend for municipalities to update their fee schedules to reflect the actual costs of certain public services primarily benefitting users. User Fees recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes. In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover support costs. Support costs are those costs relating to a local government’s central service departments that are properly allocable to the local government’s operating departments. Central services support cost allocations were derived from the City’s Cost Allocation Plan. As labor effort and costs associated with the provision of services fluctuate over time, a significant element in the development of any fee schedule is that it has the flexibility to remain current. Therefore, it is recommended that the City include an inflationary factor in the resolution adopting the fee schedule to allow the City Council, by resolution, to annually increase or decrease the fees. The City may employ many different inflationary factors. The most commonly used inflator is some form of the Consumer Price Index (CPI) as it is widely well known and accepted. A similar inflator is the implicit price deflator for GDP, which is much like the CPI except that while the CPI is based on the same “basket” of goods and services every year, the price deflators’ “basket” can change year to year. Since the primary factor for the cost of a City’s services is usually the costs of the personnel involved, tying an inflationary factor more directly to the personnel costs can be suitable if there is a clear method for obtaining said factor. Each City should use an inflator that they believe works the best for their specific situation and needs. It is also recommended that the City perform this internal review annually with a comprehensive review of services and fees performed every three to five years, which would include adding or removing fees for any new or eliminated programs/services. City of West Covina Comprehensive User Fee Study 4 STUDY OBJECTIVE As the City of West Covina seeks to efficiently manage limited resources and adequately respond to increased service demands, it needs a variety of tools. These tools provide assurance that the City has the best information and the best resources available to make sound decisions, fairly and legitimately set fees, maintain compliance with state law and local policies, and meet the needs of the City administration and its constituency. Given the limitations on raising revenue in local government, the City recognizes that a User Fee Study is a very cost‐effective way to understand the total cost of services and identify potential fee deficiencies. Essentially, a User Fee is a payment for a requested service provided by a local government that primarily benefits an individual or group. The total cost of each service included in this analysis is based on the full cost of providing City services, including direct salaries and benefits of City staff, direct departmental costs, and indirect costs from central service support. This study determines the full cost recovery fee for the City to provide each service; however, each fee is set at the City’s discretion, up to 100% of the total cost, as specified in this report. The principle goal of the study was to help the City determine the reasonable full cost of the services that the City provides. In addition, Willdan established a series of additional objectives including:  Developing a rational basis for setting fees  Identifying subsidy amount, if applicable, of each fee in the model  Enhancing fairness and equity  Ensuring compliance with State law  Developing an updatable and comprehensive list of fees  Maintaining accordance with City policies and goals The study results will help the City better understand its true costs of providing services and may serve as a basis for making informed policy decisions regarding the most appropriate fees, if any, to collect from individuals and organizations that require individualized services from the City. City of West Covina Comprehensive User Fee Study 5 SCOPE OF THE STUDY The scope of this study encompasses a review and calculation of the user fees charged by the following West Covina departments and fee groups:  Planning  Public Works  Police  Fire  Community Services  Finance and Administrative Services The study involved the identification of existing and potential new fees, fee schedule restructuring, data collection and analysis, orientation and consultation, quality control, communication and presentations, and calculation of individual service costs (fees) or program cost recovery levels. AIM OF THE REPORT The User Fee Study focused on the cost of City services, as City staff currently provides them at existing, known, or reasonably anticipated service and staff levels. This report provides a summary of the study results, and a general description of the approach and methods Willdan and City staff used to determine the recommended fee schedule. The report is not intended to document all of the numerous discussions throughout the process, nor is it intended to provide influential dissertation on the qualities of the utilized tools, techniques, or other approaches. City of West Covina Comprehensive User Fee Study 6 PROJECT APPROACH AND METHODOLOGY CONCEPTUAL APPROACH The basic concept of a User Fee Study is to determine the “reasonable cost” of each service provided by the City for which it charges a user fee. The full cost of providing a service may not necessarily become the City’s fee, but it serves as the objective basis as to the maximum amount that may be collected. The standard fee limitation established in California law for property‐related (non‐discretionary) fees is the “estimated, reasonable cost” principle. In order to maintain compliance with the letter and spirit of this standard, every component of the fee study process included a related review. The use of budget figures, time estimates, and improvement valuation clearly indicates reliance upon estimates for some data. FULLY BURDENED HOURLY RATES The total cost of each service included in this analysis is primarily based on the Fully Burdened Hourly Rates (FBHRs) that were determined for City personnel directly involved in providing services. The FBHRs include not only personnel salary and benefits, but also any costs that are reasonably ascribable to personnel. The cost elements that are included in the calculation of fully burdened rates are:  Salaries & benefits of personnel involved  Operating costs applicable to fee operations  Departmental support, supervision, and administration overhead  Internal Service Costs charged to each department  Indirect City‐wide overhead costs calculated through the Cost Allocation Plan An important part of determining the fully burdened rate is in the calculation of productive hours for personnel. This calculation takes the available workable hours in a year of 2,080 and adjusts this figure to account for calculated or anticipated hours’ employees are involved in non‐billable activities such as paid vacation, sick leave, emergency leave, holidays, and other considerations as necessary. Dividing the full cost by the number of productive hours provides the FBHR. The FBHRs are then used in conjunction with time estimates, when appropriate, to calculate a fees' cost based on the personnel and the amount of their time that is involved in providing each service. City of West Covina Comprehensive User Fee Study 7 SUMMARY STEPS OF THE STUDY The methodology to evaluate most User Fee levels is straightforward and simple in concept. The following list provides a summary of the study process steps: ALLOWABLE COSTS This report identifies three types of costs that, when combined, constitute the fully burdened cost of a service (Appendix A). Costs are defined as direct labor, including salary and benefits, departmental overhead costs, and the City’s central services overhead, where departmental and central service overhead costs constitute support costs. These cost types are defined as follows:  Personnel Costs (Salary & Benefits): The costs related to staff salaries for time spent directly on fee‐ related services.  Departmental Overhead: A proportional allocation of departmental overhead costs, including operation costs such as supplies and materials that are necessary for the department to function.  Central Services Overhead: These costs, detailed in the City’s Cost Allocation Plan, represent services provided by those Central Services Departments whose primary function is to support other City departments. Data Analysis Department Interviews Time Estimates Labor Costs Cost Allocation Plan Building Cost Layers Direct Services Indirect Services Department Overhead City‐Wide Overhead Set Fees Define the Full Cost of Services Set Cost Recovery Policy City of West Covina Comprehensive User Fee Study 8 METHODOLOGY The two methods of analysis for calculating fees used in this report are the: Case Study Method (Standard Unit Cost Build‐Up Approach): This approach estimates the actual labor and material costs associated with providing a unit of service to a single user. This analysis is suitable when City staff time requirements do not vary dramatically for a service, or for special projects where the time and cost requirements are easy to identify at the project’s outset. Further, the method is effective in instances when a staff member from one department assists on an application, service or permit for another department on an as‐needed basis. Costs are estimated based upon interviews with City staff regarding the time typically spent on tasks, a review of available records, and a time and materials analysis. Programmatic Approach: The standard Case Study approach relies upon the detailed analysis of specific time estimates, salaries and benefits, expenditures, and overhead costs. In many instances, the underlying data are not available or vary widely, leaving a standard unit cost build‐up approach impractical. In addition, market factors and policy concerns (as opposed to actual costs) tend to influence fee levels more than other types of services. With these general constraints, and to maximize the utility of this analysis, Willdan employed a different methodology where appropriate that fit the programs needs and goals individually. Valuation Based Fees: This manner of collection is used when the valuation of the improvement can be used as a proxy for the amount of effort it would take for City staff to complete the service provided. More specifically, this approach is commonly used for certain User Fees in Public Works. QUALITY CONTROL / QUALITY ASSURANCE All study components are interrelated, thus flawed data at any step in the process will cause the ultimate results to be inconsistent and unsound. The elements of our Quality Control process for User Fee calculations include:  Involvement of knowledgeable City staff  Clear instructions and guidance to City staff  Reasonableness tests and validation  Normalcy/expectation ranges  Confirmation of staff hours  FTE balancing  Internal and external reviews  Cross‐checking City of West Covina Comprehensive User Fee Study 9 REASONS FOR COST INCREASES / DECREASES OVER CURRENT FEES Within the fee tables in Appendix C, the differences are identified between the full costs calculated through the study and the fee levels currently in effect. The reasons for differences between the two can arise from a number of possible factors including:  Previous fee levels may have been set at levels less than full cost intentionally, based on policy decisions  Staffing levels and the positions that complete fee and service activity may vary from when the previous costs were calculated  Personnel and materials costs could have increased at levels that differed from any inflationary factors used to increase fees since the last study  Costs that this study has identified as part of the full cost of services may not have been accounted for in a previous study o Departmental overhead and administration costs o Indirect overhead from the Cost Allocation Plan  Changes in processes and procedures within a department, or the city as a whole CITY STAFF CONTRIBUTIONS As part of the study process, Willdan received tremendous support and cooperation from City staff, which contributed and reviewed a variety of components to the study, including:  Budget and other cost data  Staffing structures  Fee and service structures, organization, and descriptions  Direct and indirect work hours (billable/non‐billable)  Time estimates to complete work tasks  Frequency and current fee levels  Review of draft results and other documentation A User Fee Study requires significant involvement of the managers and line staff from the departments—on top of their existing workloads and competing priorities. The contributions from City staff were critical to this study. We would like to express our appreciation to the City and its staff for their assistance, professionalism, positive attitudes, helpful suggestions, responsiveness, and overall cooperation. City of West Covina Comprehensive User Fee Study 10 WEST COVINA USER FEES COST RECOVERY The cost recovery models, by department/division fee type, are presented in detail in Appendix C. In General, full cost recovery is determined by summing the estimated amount of time each position (in increments of minutes or hours) spends to render a service. Time estimates for each service rendered were predominately determined by Willdan and City Staff through a time and materials survey conducted for each department/division fee included in the study. The resulting cost recovery amount represents the total cost of providing each service. The City’s current fee being charged for each service, if applicable, is provided in this section, as well, for reference. It is important to note that the time and materials survey used to determine the amount of time each employee spends assisting in the provision of the services listed on the fee schedule is essential in identifying the total cost of providing each service. Specifically, in providing services, numerous employees are often involved in various aspects of the process, spending anywhere from a few minutes to several hours on the service. The principle goal of this study was to identify the cost of City services, to provide information to help the City make informed decisions regarding the actual fee levels and charges. The responsibility to determine the final fee levels is a complicated task. City staff must consider many issues in formulating recommendations, and the City Council must consider those same issues and more in making the final decisions. City staff assumes the responsibility to develop specific fee level recommendations to present to the City Council. Unfortunately, there are no hard and fast rules to guide the City, since many of the considerations are based on the unique characteristics of the City of West Covina, and administrative and political discretion. However, in setting the level of full cost recovery for each fee, one should consider whether the service solely benefits one end user or the general community. SUBSIDIZATION Recalling the definition of a user fee helps guide decisions regarding subsidization. The general standard is that individuals (or groups) whom receive a wholly private benefit should pay 100% of the full cost of the services. In contrast, services that are simply public benefit should be funded entirely by the general fund’s tax dollars. Unfortunately, for the decision makers, a large number of services fall into the range between these two extremes (i.e., Recreation services). The graphic on the following page illustrates the potential decision basis. Further complicating the decision, opponents of fees often assert that the activities subject to the fees provide economic, cultural, “quality of life,” or other community benefits that exceed the costs to the City. It is recommended the City consider such factors during its deliberations regarding appropriate fee levels. City of West Covina Comprehensive User Fee Study 11 Of course, subsidization can be an effective public policy tool, since it can be used to reduce fees to encourage certain activities (such as sports programs and educational classes) or allow some people to be able to afford to receive services they otherwise could not at the full cost. In addition, subsidies can be an appropriate and justifiable action, such as to allow citizens to rightfully access services, without burdensome costs. Despite the intent, it is important for the City and public to understand that subsidies must be covered by another revenue source, such as the General Fund. Therefore, the general taxpayer will potentially help to fund private benefits, and/or other City services will not receive funds that are otherwise directed to cover subsidies. IMPACT ON DEMAND (ELASTICITY) Economic principles of elasticity suggest that increased costs for services (higher fees) will eventually curtail the demand for the services; whereas lower fees may spark an incentive to utilize the services and encourage certain actions. Either of these conditions may be a desirable effect to the City. However, the level of the fees that would cause demand changes is largely unknown. The Cost of Service Study did not attempt to evaluate the economic or behavioral impacts of higher or lower fees; nevertheless, the City should consider the potential impacts of these issues when deciding on fee levels. SUMMARY If the City’s overriding goal of this study were to maximize revenues from user fees, Willdan would recommend setting user fees at 100% of the full cost identified in this study. However, we understand that revenue enhancement is not the only goal of a cost of service study, and sometimes full‐cost recovery is not needed, desired, or appropriate. Other City and departmental goals, City Council priorities, policy initiatives, past experience, implementation issues, and other internal and external factors may influence staff recommendations and City Council decisions. In this case, the proper identification of additional services (new or existing services) and creation of a consistent and comprehensive fee schedule was the primary objective of this study. City staff has reviewed the full costs and identified the “recommended fee levels” for consideration by City Council. The attached appendices exhibit these unit fees individually. The preceding sections provide background for each department or division and the results of this study’s analysis of their fees. For the full list of each fee’s analysis, refer to Appendix C of this report. 100% 0% 100% Private Benefit Some Public Benefit Some Private Benefit 100% Public Benefit User Fees General Fund (Subsidy) General Fund (Subsidy)General Fund (Subsidy) User Fees User Fees City of West Covina Comprehensive User Fee Study 12 PLANNING The Planning Department focuses on planning and implementing standards that maintain the City’s physical environment and quality of life. Planning is the first point of contact for homeowners, business owners and developers that are intending to construct new structures on privately‐owned property. The Department administers the General Plan and the Zoning Code, two documents that establish standards and regulations for physical improvements on property and also for determining what types of businesses are allowed on each property. The Planning Department functions as the professional and technical adviser to the Planning Commission and City Council on policy matters and issues concerning physical development in the City. ANALYSIS Willdan individually reviewed the services provided by Planning. The review also consisted of an evaluation of existing services in an effort to update the fee schedule. The analysis of services in Planning fees relied primarily upon a standard unit cost build‐up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro‐ rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. It is recommended that the City set fees at or near 100% cost recovery for most fees. The suggested fee amounts would result in an average fee increase of 47% as detailed in Appendix C. PUBLIC WORKS The Public Works Department consists of three divisions: building, engineering, and maintenance services. Together, the divisions provide building plan review and inspections; development services; design and construction of capital improvements; and maintenance of City infrastructure, buildings, and facilities. The Engineering Division is responsible for a variety of functions in the City affecting all of the public works improvements, and many of the private developments and improvements. It is divided into two sections: Engineering Services and Traffic and Lighting Services. The Building Division enforces safety, health, welfare and property maintenance standards for both public and private development, and provides construction management oversight for public construction. It is divided into two sections: Building and Building Construction. The Maintenance Division is responsible for maintaining the infrastructure of the city. It provides maintenance of all streets, curbs and gutters, sidewalks, parks, open space, medians, and public areas as well as vehicle maintenance, traffic signal maintenance, sewers, and street tree maintenance. This Division is divided into four sections: streets/wastewater maintenance, parks maintenance, equipment maintenance, and environmental services. City of West Covina Comprehensive User Fee Study 13 ANALYSIS Willdan individually reviewed the services provided by Public Works. The review also consisted of an evaluation of existing services in an effort to update the fee schedule. The analysis of services in Public Works relied primarily upon a standard unit cost build‐up approach (outside of the Building Permit fees), whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro‐rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. For the Building Permit fees, valuation is used as a proxy for measuring the amount of effort needed to provide services. This method is an industry standard and is widely used by other jurisdictions to evaluate the cost of providing service. It is generally understood that the larger and more complex a project is, more time and effort that is required to provide the service. Project valuation also follows that trend, and so by using a combination of either project valuation or historical revenue figures along with a multiplier or cost recovery analysis for historical and anticipated future trends, current cost recovery along with variability in charges due to project type and scale is determined. Included at the end of Appendix C is the February 2017 Building Valuation Data (BVD) update from the International Code Council (ICC), which contains an explanation for the practice as well. West Covina’s current and anticipated practice is to use the ICC valuation figures along with a regional Los Angeles City modifier. It is recommended that the City set Public Works services at or near 100% cost recovery for most fees which would result in an average fee increase of 38%. POLICE The mission of the West Covina Police Department is to provide the highest level of service and protection to the community and to cooperatively enhance public safety as the Department progresses into the future. The Police Department has an authorized 2016‐17 full‐time workforce of 102 sworn officers and 67 civilians, including 18 dispatchers, and 2 community enhancement/code enforcement personnel. There are also numerous part‐time positions including reserve officers and other support staff. The department also utilizes volunteer programs, which are a very important part of the overall public safety effort. Although focused on front‐line law enforcement, the department is also engaged in important community partnerships with schools, businesses, and citizen organizations. The department has garnered outside awards honoring many sworn officers, our West Covina Police Volunteers program, domestic violence victim advocate, and K9 Officers. City of West Covina Comprehensive User Fee Study 14 ANALYSIS Willdan individually reviewed the services and programs associated with the Police Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule. The analysis of Police services relied primarily upon a standard unit cost build‐up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro‐rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee would recover the costs associated with the requested service. Most fees are proposed to stay at their current levels, with ten proposed to increase to or near 100% cost recovery. There are additional services included in the fee schedule that are set based on factors outside the control of the Department such as State codes and previously established resolutions. Those fees should remain at their designated levels. FIRE The Fire Department is comprised of a combination of dedicated career firefighters and civilian staff. The members of the provide a wide range of services, including: fire inspections, paramedic ambulance services, fire and emergency operations, public education, and disaster preparedness. The department delivers extremely high‐level advanced life support medical treatment, caring for approximately 6,000 patients each year and responding to more than 2,100 calls for other services ranging from infants locked in vehicles, chemical and product spills, inadvertent fire alarm activations, and responses to assist in adjacent communities through Automatic and Mutual Aid agreements. In addition, Fire Prevention Bureau staff ensure that fire and life safety systems are adequate by reviewing building plans and performing inspections to test for compliance with contemporary fire codes. ANALYSIS Willdan individually reviewed the services and programs associated with the Fire Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule. The analysis of Fire services relied primarily upon a standard unit cost build‐up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro‐rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee would recover the costs associated with the requested service. It is recommended that the City set Fire services at or near 100% cost recovery for most fees. The suggested average fee increase would be 8%. On an individual fee basis, there will be increases to some fees and decreases to others as detailed in Appendix C. City of West Covina Comprehensive User Fee Study 15 FINANCE AND ADMINISTRATIVE SERVICES The Finance Department is responsible for all financial affairs and information technology of the City of West Covina. The goal of the Finance Department is to maintain financial stability, provide accurate and timely financial information and recommendations to the City’s decision makers, and protect the City’s assets through the establishment of effective internal controls. The department also strives to provide valuable and responsive support services to the other City departments. The department consists of three main functions: Finance, Purchasing and Information Technology. The City Clerk’s Office provides support to the City Council, City departments, and the public. The department is responsible for the preparation, publication, and distribution of agenda materials; certifies and distributes ordinances and resolutions; receives claims, subpoenas, and lawsuits; and records documents with the Los Angeles County Registrar Recorder’s Office. In addition to these main support functions, the department coordinates all City elections, oversees the appointment process for the City’s Commissions and Advisory Boards, provides public information and responds to Public Records Requests, and serves as a designated Passport Application Acceptance Facility. ANALYSIS Willdan individually reviewed the services and programs associated with Finance and Administrative Services. The review also consisted of an evaluation of existing services in an effort to update the fee schedule. The analysis of Finance and Administrative Services relied primarily upon a standard unit cost build‐up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro‐rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee would recover the costs associated with the requested service. It is recommended that the City set Finance and Administrative services at or near 100% cost recovery for most fees. The suggested average fee increase would be 2%. On an individual fee basis, there will be increases to some fees and decreases to others as detailed in Appendix C. City of West Covina Comprehensive User Fee Study 16 COMMUNITY SERVICES Community Services includes a variety of leisure activities, including: youth and adult sports; senior services; aquatic programs; equestrian activities; educational, fitness, cultural, dance and art classes; nature programs; child‐care programs; Go West shuttle and dial‐a‐ride services; and a variety of family, cultural, and community events that promote the quality of life in West Covina. ANALYSIS Willdan individually reviewed the services and programs associated with Community Services. The review also consisted of an evaluation of existing services in an effort to update the fee schedule. Charges for services provided by or requested of the City will be determined by staff based on the full cost through the use of fully burdened hourly rates and material cost of each program or service offered. Fees for the use of City owned facilities and subsequently the residents of the City are used to offset the cost of related personnel and materials, improvement, maintenance, and eventual replacement of the facilities or property needs therein. City of West Covina Comprehensive User Fee Study 17 APPENDIX A – TOTAL ALLOWABLE COST TO BE RECOVERED Below are the total allowable costs that may be recovered through User Fees; however, only a percentage of the costs shown are realized as staff not only works on services related to User Fees, but also works on an array of other City functions during the operational hours of the City. City of West Covina ‐ User Fee Overhead Rate Calculations Department Salary and Benefits Department Operations & Administration Direct Overhead % CAP Allocation % City Manager 665,943 112,845 16.9% 0.0% City Clerk 331,019 92,200 27.9% 0.0% Finance Administration 1,236,227 237,716 19.2% 0.0% Reprographic Services 80,707 23,019 28.5% 0.0% Information Systems 421,779 35,664 8.5% 0.0% Human Resources 621,678 62,860 10.1% 0.0% Planning 656,215 223,686 34.1% 17.2% Redevelopment 140,597 ‐ 0.0% 7.6% Police 26,349,778 11,959,384 45.4% 11.8% Fire 14,367,664 5,139,715 35.8% 12.6% Public Works 886,468 496,282 56.0% 21.1% Park Maintenance 376,184 142,826 38.0% 0.0% City Buildings 225,428 143,965 63.9% 0.0% Community Services 1,452,445 446,491 30.7% 135.6% Integrated Waste Management 30,341 9,249 30.5% 25.3% Prop C 316,965 146,638 46.3% 6.5% Gasoline Tax 959,368 658,412 68.6% 13.3% AB 939 116,345 23,558 20.2% 13.4% Community Devel. Block Grant 217,815 10,330 4.7% 7.1% Fire‐Grant 1,912,227 ‐ 0.0% 6.2% L.A. County Park Bond 19,982 20,663 103.4% 17.1% Senior Meals Program 125,327 17,760 14.2% 14.9% Maintenance District #1 128,004 21,349 16.7% 15.7% Maintenance District #2 91,359 5,354 5.9% 10.0% WC CSS CFD 36,384 3,377 9.3% 7.1% Maintenance District #4 208,794 65,837 31.5% 11.0% Maintenance District #6 74,232 5,784 7.8% 6.6% Maintenance District #7 75,023 5,432 7.2% 11.7% Citywide Maintenance District 88,511 119,327 134.8% 5.4% Sewer Maintenance 1,366,832 273,631 20.0% 8.5% Measure R 58,415 5,000 8.6% 5.6% Fleet Management 603,910 24,700 4.1% 0.0% Police Enterprise 1,280,689 100,783 7.9% 13.2% Successor Agency Administration 125,629 48,163 38.3% 5.8% Housing 339,208 36,658 10.8% 6.9% City of West Covina Comprehensive User Fee Study 18 APPENDIX B – FULLY BURDENED HOURLY RATES Below are fully burdened hourly rates on an average department scale and at the staff position level for all City personnel. The FBHRs were used to determine the full cost of each service detailed in Appendix C. They include the salary and benefit costs for each position as well as all applicable overhead amounts for each position. For positions in central service departments, such as the City Clerk and Finance, the overhead of central service departments is not included, as that cost is recovered through the cost allocation plan. For any user fee service request that is outside the scope of the fees detailed in Appendix C, or for services for which there is no fee currently set up, the City can charge up to the full cost of the FBHR for personnel involved as well as any material cost required. City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Department Rates City Buildings 87.67 City Clerk 83.25 City Manager 102.54 Citywide Maintenance District 141.22 Community Devel. Block Grant 80.20 Community Services 163.10 Finance Administration 62.89 Fire 163.98 Park Maintenance 59.76 Planning 96.36 Police 142.40 Public Works 110.60 Position Rates AB 939 AB 939 ‐ Admin Assist I 68.03 AB 939 AB 939 ‐ Building Permit Technician 62.06 AB 939 AB 939 ‐ Contract Coordinator 84.27 AB 939 AB 939 ‐ Deputy Building Official 160.95 AB 939 AB 939 ‐ Management Analyst II 98.72 AB 939 AB 939 ‐ Operations Technician 64.24 AB 939 AB 939 ‐ Public Works Director 246.63 AB 939 AB 939 ‐ Sr Account Clerk 68.86 City Buildings City Buildings ‐ Building Maintenance Lead Worker 101.32 City Buildings City Buildings ‐ Electrician II 100.25 City Buildings City Buildings ‐ Maintenance Lead Worker 94.66 City Buildings City Buildings ‐ Sr Maintenance Worker 83.61 City Clerk City Clerk ‐ Admin Assist II 56.87 City Clerk City Clerk ‐ Assistant City Clerk 161.54 City Clerk City Clerk ‐ Deputy City Clerk 74.34 City of West Covina Comprehensive User Fee Study 19 City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Position Rates City Manager City Manager ‐ Admin Assist I 41.68 City Manager City Manager ‐ City Manager 261.92 City Manager City Manager ‐ Deputy City Manager 141.76 City Manager City Manager ‐ Executive Assistant to City Manager 68.97 Citywide Maintenance District Citywide Maintenance District ‐ Contract Coordinator 153.07 Citywide Maintenance District Citywide Maintenance District ‐ Electrician II 151.48 Citywide Maintenance District Citywide Maintenance District ‐ Management Analyst II 179.31 Citywide Maintenance District Citywide Maintenance District ‐ Operations Technician 116.68 Citywide Maintenance District Citywide Maintenance District ‐ Public Works Project Supervisor 234.16 Citywide Maintenance District Citywide Maintenance District ‐ Sr Admin Assist 128.59 Community Devel. Block Grant Community Devel. Block Grant ‐ Admin Assist II 53.83 Community Devel. Block Grant Community Devel. Block Grant ‐ Community Services Director 148.49 Community Devel. Block Grant Community Devel. Block Grant ‐ Management Analyst II 91.01 Community Services Community Services ‐ Admin Assist I 137.49 Community Services Community Services ‐ Admin Assist II 147.78 Community Services Community Services ‐ Community Services Coordinator 150.07 Community Services Community Services ‐ Community Services Director 407.61 Community Services Community Services ‐ Management Analyst II 249.83 Community Services Community Services ‐ Recreation Services Supervisor 180.70 Community Services Community Services ‐ Recreation Superintendent 286.70 Finance Administration Finance Administration ‐ Account Clerk 52.65 Finance Administration Finance Administration ‐ Accountant 68.82 Finance Administration Finance Administration ‐ Accounting Manager 95.87 Finance Administration Finance Administration ‐ Accounting Technician 59.04 Finance Administration Finance Administration ‐ Finance Director 154.20 Finance Administration Finance Administration ‐ Management Analyst I 85.35 Finance Administration Finance Administration ‐ Management Analyst II 74.76 Finance Administration Finance Administration ‐ Purchasing Manager 86.85 Finance Administration Finance Administration ‐ Sr Account Clerk 55.28 Finance Administration Finance Administration ‐ Sr Admin Assist 67.48 Fire Fire ‐ Admin Aide 77.71 Fire Fire ‐ Assistant Fire Chief 181.96 Fire Fire ‐ Fire Captain 139.77 Fire Fire ‐ Fire Chief 352.46 Fire Fire ‐ Fire Engineer 118.75 Fire Fire ‐ Fire Marshal 135.51 Fire Fire ‐ Firefighter 107.14 Fire Fire ‐ Firefighter/Paramedic 106.28 Fire Fire ‐ Management Analyst II 118.19 Fire Fire ‐ Sr Account Clerk 71.30 Fire Fire ‐ Sr Admin Assist 80.79 Fire-Grant Fire‐Grant ‐ Fire Engineer 69.28 Fire-Grant Fire‐Grant ‐ Firefighter/Paramedic 65.33 City of West Covina Comprehensive User Fee Study 20 City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Position Rates Fleet Management Fleet Management ‐ Admin Assist I 51.95 Fleet Management Fleet Management ‐ Admin Assist II 51.59 Fleet Management Fleet Management ‐ Equipment Maintenance Supervisor 88.99 Fleet Management Fleet Management ‐ Equipment Mechanic II 60.17 Fleet Management Fleet Management ‐ Equipment Mechanic Lead Worker 68.22 Fleet Management Fleet Management ‐ Maintenance Operations Manager 94.93 Fleet Management Fleet Management ‐ Maintenance Worker II 49.92 Fleet Management Fleet Management ‐ Management Analyst II 75.38 Fleet Management Fleet Management ‐ Operations Technician 49.05 Fleet Management Fleet Management ‐ Sr Account Clerk 52.58 Gasoline Tax Gasoline Tax ‐ Admin Assist I 95.34 Gasoline Tax Gasoline Tax ‐ Admin Assist II 94.68 Gasoline Tax Gasoline Tax ‐ Assistant City Engineer 214.21 Gasoline Tax Gasoline Tax ‐ Electrician II 116.87 Gasoline Tax Gasoline Tax ‐ Engineering Technician 96.33 Gasoline Tax Gasoline Tax ‐ Equipment Operator 105.64 Gasoline Tax Gasoline Tax ‐ Maintenance Lead Worker 106.72 Gasoline Tax Gasoline Tax ‐ Maintenance Operations Manager 174.24 Gasoline Tax Gasoline Tax ‐ Maintenance Worker I 79.19 Gasoline Tax Gasoline Tax ‐ Maintenance Worker II 93.13 Gasoline Tax Gasoline Tax ‐ Maintenance Worker III 96.44 Gasoline Tax Gasoline Tax ‐ Operations Technician 90.02 Gasoline Tax Gasoline Tax ‐ Public Works Director 345.62 Gasoline Tax Gasoline Tax ‐ Public Works Project Supervisor 180.66 Gasoline Tax Gasoline Tax ‐ Sr Account Clerk 96.50 Gasoline Tax Gasoline Tax ‐ Sr Admin Assist 99.21 Gasoline Tax Gasoline Tax ‐ Sr Maintenance Worker 100.64 Gasoline Tax Gasoline Tax ‐ Street Maintenance Supervisor 141.15 Housing Housing ‐ City Manager 265.20 Housing Housing ‐ Code Enforcement Supervisor 92.30 Housing Housing ‐ Community Enhancement Officer 57.63 Housing Housing ‐ Deputy City Manager 143.53 Housing Housing ‐ Econ Dev/Housing Manager 122.27 Housing Housing ‐ Economic Development Coordinator 64.84 Housing Housing ‐ Economic Development Specialist 67.75 Housing Housing ‐ Planning Director 156.16 Human Resources Human Resources ‐ HR Director 151.62 Human Resources Human Resources ‐ HR Technician 59.76 Human Resources Human Resources ‐ Management Analyst I 60.26 Human Resources Human Resources ‐ Management Analyst II 80.60 Information Systems Information Systems ‐ Computer Services Technician 64.92 Information Systems Information Systems ‐ Computer Systems Administrator 85.76 Information Systems Information Systems ‐ Finance Director 140.27 Information Systems Information Systems ‐ Information Systems Manager 113.11 City of West Covina Comprehensive User Fee Study 21 City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Position Rates Integrated Waste Management Integrated Waste Management ‐ Management Analyst II 118.41 Integrated Waste Management Integrated Waste Management ‐ Operations Technician 77.05 Integrated Waste Management Integrated Waste Management ‐ Public Works Director 295.82 Integrated Waste Management Integrated Waste Management ‐ Sr Admin Assist 84.92 L.A. County Park Bond L.A. County Park Bond ‐ Recreation Superintendent 221.81 Maintenance District #1 Maintenance District #1 ‐ Admin Assist I 64.07 Maintenance District #1 Maintenance District #1 ‐ Admin Assist II 66.90 Maintenance District #1 Maintenance District #1 ‐ Contract Coordinator 83.44 Maintenance District #1 Maintenance District #1 ‐ Electrician II 82.58 Maintenance District #1 Maintenance District #1 ‐ Maintenance Lead Worker 81.50 Maintenance District #1 Maintenance District #1 ‐ Maintenance Operations Manager 123.11 Maintenance District #1 Maintenance District #1 ‐ Maintenance Worker II 59.75 Maintenance District #1 Maintenance District #1 ‐ Management Analyst II 97.74 Maintenance District #1 Maintenance District #1 ‐ Operations Technician 63.60 Maintenance District #1 Maintenance District #1 ‐ Park Maintenance Supervisor 110.69 Maintenance District #1 Maintenance District #1 ‐ Public Works Director 244.19 Maintenance District #1 Maintenance District #1 ‐ Public Works Project Supervisor 127.65 Maintenance District #1 Maintenance District #1 ‐ Sr Account Clerk 68.18 Maintenance District #1 Maintenance District #1 ‐ Sr Maintenance Worker 64.79 Maintenance District #2 Maintenance District #2 ‐ Admin Assist I 55.26 Maintenance District #2 Maintenance District #2 ‐ Admin Assist II 57.70 Maintenance District #2 Maintenance District #2 ‐ Contract Coordinator 71.97 Maintenance District #2 Maintenance District #2 ‐ Electrician II 71.22 Maintenance District #2 Maintenance District #2 ‐ Maintenance Lead Worker 70.29 Maintenance District #2 Maintenance District #2 ‐ Maintenance Operations Manager 106.18 Maintenance District #2 Maintenance District #2 ‐ Maintenance Worker II 51.53 Maintenance District #2 Maintenance District #2 ‐ Management Analyst II 84.30 Maintenance District #2 Maintenance District #2 ‐ Operations Technician 54.86 Maintenance District #2 Maintenance District #2 ‐ Park Maintenance Supervisor 95.47 Maintenance District #2 Maintenance District #2 ‐ Public Works Director 210.61 Maintenance District #2 Maintenance District #2 ‐ Public Works Project Supervisor 110.09 Maintenance District #2 Maintenance District #2 ‐ Sr Account Clerk 58.80 Maintenance District #2 Maintenance District #2 ‐ Sr Maintenance Worker 57.99 Maintenance District #4 Maintenance District #4 ‐ Admin Assist I 69.28 Maintenance District #4 Maintenance District #4 ‐ Admin Assist II 72.33 Maintenance District #4 Maintenance District #4 ‐ Contract Coordinator 90.22 Maintenance District #4 Maintenance District #4 ‐ Electrician II 89.29 Maintenance District #4 Maintenance District #4 ‐ Maintenance Lead Worker 88.12 Maintenance District #4 Maintenance District #4 ‐ Maintenance Operations Manager 133.11 Maintenance District #4 Maintenance District #4 ‐ Maintenance Worker II 64.60 Maintenance District #4 Maintenance District #4 ‐ Management Analyst II 105.69 Maintenance District #4 Maintenance District #4 ‐ Operations Technician 68.77 Maintenance District #4 Maintenance District #4 ‐ Park Maintenance Supervisor 119.69 Maintenance District #4 Maintenance District #4 ‐ Public Works Project Supervisor 138.02 Maintenance District #4 Maintenance District #4 ‐ Sr Account Clerk 73.72 Maintenance District #4 Maintenance District #4 ‐ Sr Admin Assist 75.80 Maintenance District #4 Maintenance District #4 ‐ Sr Maintenance Worker 71.70 City of West Covina Comprehensive User Fee Study 22 City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Position Rates Maintenance District #6 Maintenance District #6 ‐ Admin Assist I 54.53 Maintenance District #6 Maintenance District #6 ‐ Admin Assist II 56.94 Maintenance District #6 Maintenance District #6 ‐ Contract Coordinator 71.02 Maintenance District #6 Maintenance District #6 ‐ Maintenance Lead Worker 69.36 Maintenance District #6 Maintenance District #6 ‐ Maintenance Operations Manager 104.78 Maintenance District #6 Maintenance District #6 ‐ Maintenance Worker II 50.85 Maintenance District #6 Maintenance District #6 ‐ Management Analyst II 83.19 Maintenance District #6 Maintenance District #6 ‐ Operations Technician 54.13 Maintenance District #6 Maintenance District #6 ‐ Park Maintenance Supervisor 94.21 Maintenance District #6 Maintenance District #6 ‐ Public Works Director 207.84 Maintenance District #6 Maintenance District #6 ‐ Public Works Project Supervisor 108.64 Maintenance District #6 Maintenance District #6 ‐ Sr Account Clerk 58.03 Maintenance District #6 Maintenance District #6 ‐ Sr Maintenance Worker 57.23 Maintenance District #7 Maintenance District #7 ‐ Admin Assist I 56.88 Maintenance District #7 Maintenance District #7 ‐ Admin Assist II 59.39 Maintenance District #7 Maintenance District #7 ‐ Contract Coordinator 74.07 Maintenance District #7 Maintenance District #7 ‐ Maintenance Lead Worker 72.35 Maintenance District #7 Maintenance District #7 ‐ Maintenance Operations Manager 109.28 Maintenance District #7 Maintenance District #7 ‐ Maintenance Worker II 53.04 Maintenance District #7 Maintenance District #7 ‐ Management Analyst II 86.77 Maintenance District #7 Maintenance District #7 ‐ Operations Technician 56.46 Maintenance District #7 Maintenance District #7 ‐ Park Maintenance Supervisor 98.27 Maintenance District #7 Maintenance District #7 ‐ Public Works Director 216.78 Maintenance District #7 Maintenance District #7 ‐ Public Works Project Supervisor 113.32 Maintenance District #7 Maintenance District #7 ‐ Sr Account Clerk 60.53 Maintenance District #7 Maintenance District #7 ‐ Sr Maintenance Worker 59.69 Measure R Measure R ‐ Community Services Director 151.75 Measure R Measure R ‐ Management Analyst II 93.01 Park Maintenance Park Maintenance ‐ Electrician II 84.41 Park Maintenance Park Maintenance ‐ Maintenance Lead Worker 78.96 Park Maintenance Park Maintenance ‐ Maintenance Worker I 57.19 Park Maintenance Park Maintenance ‐ Maintenance Worker II 63.12 Park Maintenance Park Maintenance ‐ Park Maintenance Supervisor 113.14 Park Maintenance Park Maintenance ‐ Sr Maintenance Worker 65.08 Planning Planning ‐ Planning Assistant 74.15 Planning Planning ‐ Planning Associate 101.69 Planning Planning ‐ Planning Director 207.33 Planning Planning ‐ Senior Planner 129.48 Planning Planning ‐ Sr Admin Assist 91.16 Police Police ‐ Admin Assist I 77.81 Police Police ‐ Code Enforcement Supervisor 126.69 Police Police ‐ Communications Manager 133.10 Police Police ‐ Communications Supervisor 120.59 Police Police ‐ Community Enhancement Officer 79.10 Police Police ‐ Community Services Officer 71.18 Police Police ‐ Computer Services Technician 93.07 City of West Covina Comprehensive User Fee Study 23 City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Position Rates Police Police ‐ Corporal 197.51 Police Police ‐ Criminal Justice Research Analyst I 100.41 Police Police ‐ Forensic Specialist 74.22 Police Police ‐ Jailer 76.85 Police Police ‐ Lieutenant 292.77 Police Police ‐ Officer 173.05 Police Police ‐ Police Admin Svcs Manager 164.13 Police Police ‐ Police Captain 327.37 Police Police ‐ Police Chief 373.83 Police Police ‐ Police Records Specialist I 67.97 Police Police ‐ Police Records Specialist II 72.88 Police Police ‐ Police Records Supervisor 125.05 Police Police ‐ Public Safety Dispatcher 80.21 Police Police ‐ Sergeant 224.65 Police Police ‐ Sr Admin Assist 83.25 Police Police ‐ Sr Communications Operator 99.88 Police Police ‐ Victim Advocate 74.63 Police Enterprise Police Enterprise ‐ Police Admin Svcs Manager 123.33 Police Enterprise Police Enterprise ‐ Software Developer 87.07 Police Enterprise Police Enterprise ‐ Software Development Manager 131.96 Police Enterprise Police Enterprise ‐ Sr Software Developer 115.94 Police Enterprise Police Enterprise ‐ User Support Specialist 69.79 Prop C Prop C ‐ Admin Assist II 74.76 Prop C Prop C ‐ Assistant City Engineer 174.70 Prop C Prop C ‐ Civil Engineering Assistant 86.94 Prop C Prop C ‐ Community Services Director 206.20 Prop C Prop C ‐ Engineering Technician 78.56 Prop C Prop C ‐ Management Analyst II 119.61 Prop C Prop C ‐ Planning Assistant 73.49 Prop C Prop C ‐ Planning Associate 100.79 Prop C Prop C ‐ Planning Director 205.48 Prop C Prop C ‐ Public Works Director 281.87 Prop C Prop C ‐ Public Works Project Supervisor 147.34 Prop C Prop C ‐ Recreation Services Supervisor 99.65 Prop C Prop C ‐ Senior Planner 128.32 Prop C Prop C ‐ Sr Admin Assist 80.92 Public Works Public Works ‐ Admin Assist I 79.41 Public Works Public Works ‐ Admin Assist II 93.63 Public Works Public Works ‐ Assistant City Engineer 211.83 Public Works Public Works ‐ Building Inspector 122.91 Public Works Public Works ‐ Building Permit Technician 87.51 Public Works Public Works ‐ Civil Engineering Assistant 105.42 Public Works Public Works ‐ Communications Technician 123.06 Public Works Public Works ‐ Deputy Building Official 223.04 Public Works Public Works ‐ Engineering Technician 95.26 Public Works Public Works ‐ Maintenance Operations Manager 172.30 City of West Covina Comprehensive User Fee Study 24 City of West Covina ‐ User Fee Fully Burdened Hourly Rate Calculation Department Position Fully Burdened Hourly Rate Position Rates Public Works Public Works ‐ Management Analyst II 136.80 Public Works Public Works ‐ Operations Technician 89.02 Public Works Public Works ‐ Public Works Director 341.77 Public Works Public Works ‐ Sr Account Clerk 95.42 Public Works Public Works ‐ Sr Admin Assist 98.11 Redevelopment Redevelopment ‐ Econ Dev/Housing Manager 111.14 Redevelopment Redevelopment ‐ Economic Development Coordinator 58.94 Redevelopment Redevelopment ‐ Economic Development Specialist 61.58 Reprographic Services Reprographic Services ‐ Reprographics Coordinator 63.19 Senior Meals Program Senior Meals Program ‐ Cook 68.27 Sewer Maintenance Sewer Maintenance ‐ Admin Assist I 58.92 Sewer Maintenance Sewer Maintenance ‐ Admin Assist II 64.52 Sewer Maintenance Sewer Maintenance ‐ Assistant City Engineer 145.98 Sewer Maintenance Sewer Maintenance ‐ Building Inspector 84.71 Sewer Maintenance Sewer Maintenance ‐ Building Permit Technician 60.15 Sewer Maintenance Sewer Maintenance ‐ Civil Engineering Assistant 72.65 Sewer Maintenance Sewer Maintenance ‐ Code Enforcement Supervisor 101.48 Sewer Maintenance Sewer Maintenance ‐ Community Enhancement Officer 63.36 Sewer Maintenance Sewer Maintenance ‐ Contract Coordinator 80.48 Sewer Maintenance Sewer Maintenance ‐ Electrician II 79.65 Sewer Maintenance Sewer Maintenance ‐ Engineering Technician 65.65 Sewer Maintenance Sewer Maintenance ‐ Equipment Operator 71.99 Sewer Maintenance Sewer Maintenance ‐ Maintenance Lead Worker 72.09 Sewer Maintenance Sewer Maintenance ‐ Maintenance Operations Manager 118.74 Sewer Maintenance Sewer Maintenance ‐ Maintenance Worker I 53.97 Sewer Maintenance Sewer Maintenance ‐ Maintenance Worker II 64.70 Sewer Maintenance Sewer Maintenance ‐ Maintenance Worker III 65.72 Sewer Maintenance Sewer Maintenance ‐ Management Analyst II 94.28 Sewer Maintenance Sewer Maintenance ‐ Operations Technician 61.35 Sewer Maintenance Sewer Maintenance ‐ Public Works Director 235.53 Sewer Maintenance Sewer Maintenance ‐ Public Works Project Supervisor 123.12 Sewer Maintenance Sewer Maintenance ‐ Sr Account Clerk 65.76 Sewer Maintenance Sewer Maintenance ‐ Sr Admin Assist 67.61 Sewer Maintenance Sewer Maintenance ‐ Sr Maintenance Worker 68.88 Sewer Maintenance Sewer Maintenance ‐ Street Maintenance Supervisor 96.19 Successor Agency Administration Successor Agency Administration ‐ Accounting Manager 117.69 Successor Agency Administration Successor Agency Administration ‐ City Manager 327.81 Successor Agency Administration Successor Agency Administration ‐ Deputy City Manager 177.41 Successor Agency Administration Successor Agency Administration ‐ Finance Director 189.29 WC CSS CFD WC CSS CFD ‐ Assistant City Engineer 131.20 WC CSS CFD WC CSS CFD ‐ Maintenance Worker II 51.79 WC CSS CFD WC CSS CFD ‐ Park Maintenance Supervisor 95.95 WC CSS CFD WC CSS CFD ‐ Public Works Project Supervisor 110.65 WC CSS CFD WC CSS CFD ‐ Sr Maintenance Worker 58.49 City of West Covina Comprehensive User Fee Study 25 APPENDIX C – COST RECOVERY ANALYSIS & SUGGESTED FEE LEVELS The following tables provide the results of the analysis, resulting full cost recovery amount, and recommended fees. For fees in which the full cost, percent targeted cost recovery level, or percent change is listed as “NA”, the amount or percentage was not calculable based on cost data or variable fee structure. This is most common when either the current or the suggested fee includes a variable component that is not comparable on a one to one basis, a full cost was not calculated (for penalties and fines), or when there is not a current fee amount to compare against. I. Planning# Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee ΔPlanning Commission Public Hearing Items1 Precise Plan of Design (PP)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $4,000 deposit is required per case.$90.00Variable0% Actual Cost NA2 Precise Plan of Design (Downtown Plan)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $7,000 deposit is required per case.NewVariable0% Actual Cost NA3 Special Exception Review (Downtown Plan)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $2,500 deposit is required per case.NewVariable0% Actual Cost NA4 Development Plan (DP)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $2,500 deposit is required per case.$90.00Variable0% Actual Cost NA5 Conditional Use Permit (CUP)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $3,000 deposit is required per case.$90.00Variable0% Actual Cost NA6 Variance Review ‐ Otherper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $3,000 deposit is required per case.$90.00Variable0% Actual Cost NA7Fee for Code Amendments proposed by applicants. Must be initiated by PC or CC.per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $2,500 deposit is required per case.$90.00Variable0% Actual Cost NA8 Adult Oriented Business Permitper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $2,500 deposit is required per case.$90.00Variable0% Actual Cost NA9 Annexation/Deannexation Processingper hour of staff timeFBHR of Staff. $2,500 deposit is required per case. $90.00Variable0% Actual Cost NA10 Extension of Discretionary Application per extension$500.00$948.060% $948.00$44811 General Plan Amendment (GPA)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $8,000 deposit is required per case.$90.00Variable0% Actual Cost NA12 Tentative Parcel Map (TPM) Processingper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $4,000 deposit is required per case.$90.00Variable0% Actual Cost NA13 Tentative Tract Map (TTM) Processingper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $8,000 deposit is required per case.$90.00Variable0% Actual Cost NA14 Zone Change (ZC)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $8,000 deposit is required per case.$90.00Variable0% Actual Cost NAMiscellaneous Permits/Requests15 Administrative Use Permits (AUP)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $770 deposit is required per case.$90.00Variable0% Actual Cost NA16 Large Family Day Careper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $500 deposit is required per case.$90.00Variable0% Actual Cost NA17 Administrative Use Permit ‐ Secondary drivewayeach$360.00$745.850% $745.00$38518 Pot Bellied Pigeach$55.00$98.870% $98.00$4319Administrative Review`(Application review by staff and Planning Director/ Section 26‐597 of WCMC)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $440 deposit is required per case.$90.00Variable0% Actual Cost NA20 Art in Public Places Reviewper hour of staff timeFBHR of Staff. $1,000 deposit is required per case. $90.00Variable0% Actual Cost NA21 Processing of Appeal to Planning Commissionper hour of staff time$750 filing fee (non‐refundable) plus FBHR per hour staff time$90.00$768.190% $750 + FBHR of Staff NA22 Processing of Appeal to Planning Commission for Non‐ hearing itemsper hour of staff time$348 filing fee (non‐refundable) plus FBHR per hour staff time$90.00$348.380%$348 + FBHR of Staff NACity of West CovinaComprehensive User Fee Study26 I. Planning# Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ23 Appeal of Revocation Hearing As provided in WCMC 26‐297.18per hour of staff time$750 deposit is required per case.$600.00Variable0%FBHR of Staff plus 50% of the actual costs of preparation of the administrative record. NA24 Processing of Appeal to City Councilper hour of staff time$750 filing fee (non‐refundable) plus FBHR per hour staff time$90.00$768.190% $750 + FBHR of Staff NA25 Processing of Appeal to City Council for Non‐hearing itemsper hour of staff time$348 filing fee (non‐refundable) plus FBHR per hour staff time$90.00$348.380% $348 + FBHR of Staff NA26 Covenants, Codes & Restrictions (CCR) Revieweach Plus cost of City Attorney.$860.00$1,094.260% $1,094.00 $23427Conceptual Plan Review ‐ Filing feeper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $4,000 deposit is required per case.$90.00Variable0% Actual Cost NA28 Covenant preparation feeeach$90.00$559.520% $559.00$46929 Addition of Floor Areaeach$230.00$1,230.9959% $500.00$27030 Non‐Floor Area Revisionseach$50.00$669.3485% $100.00$5031 Film Permits (Photography/Motion picture permit) ‐ Application fee eachSecurity and cleaning deposit of $1,020. Normally, one police officer will be required on site at the FBHR per hour.$725.00$2,696.460% $2,696.00 $1,97132 Film Permits (Photography/Motion picture permit)each day of filmingFBHR of Staff.$345.00Variable0% Actual Cost NA33Major Production Film Permit (Including late at night or for long periods of time)per hour of staff timeFBHR of Staff. Security and cleaning deposit of $1,020. Normally, one police officer will be required on site at the FBHR per hour. $1,500 deposit is required per case.$90.00Variable0% Actual CostNA34 Historic Property Certificate of Appropriatenesseach$250.00$3,044.450% $3,044.00 $2,79435 Commercial Landscape/Irrigation Plan Check and Inspectionper hour of staff timeFBHR of Staff plus hourly cost of consultant. $2,500 deposit is required per case.NewVariable0% Actual Cost NA36 Residential Landscape/Irrigation Plan Check and Inspectionper hour of staff timeFBHR of Staff plus hourly cost of consultant. $1,250 deposit is required per case.$90.00Variable0% Actual Cost NA37Massage Technician Review (MTR) and`Model Home Marketing Complex (MHMC)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $1,300 deposit is required per case.$90.00Variable0% Actual Cost NA38 Planning Director Modification Reviewper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $1,000 deposit is required per case.$90.00Variable0% Actual Cost NA39 Preliminary review meetingeach$1,350.00$3,596.8917% $3,000.00 $1,65040 Preliminary review meeting (Downtown)per hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $3,000 deposit is required per case.NewVariable0% Actual Cost NA41 Prospective Homeowner Awareness Package(PHAP) Revieweach Plus cost of City Attorney$860.00$1,094.260% $1,094.00 $23442Public Right‐of‐Way Banner ‐ Installation/removal of banners to approved non‐ profit organizationseach $175.00$693.390% $693.00 $51843 Reasonable Accomodation Processingper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $770 deposit is required per case.$90.00Variable0% Actual Cost NA44 Sign criteria review ‐ shopping centers (Sec 7‐138)per hour of staff timeFBHR of Staff. $1,350 deposit is required per case. $1,350.00Variable0% Actual Cost NA45 Sign review ‐ sign permit clearanceper sign$45.00$189.740% $189.00$14446 Sign review ‐ sign administrative reviewper sign$90.00$550.760% $550.00$46047 Slight Modificationper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $1,300 deposit is required per case.$90.00Variable0% Actual Cost NACity of West CovinaComprehensive User Fee Study27 I. Planning# Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ48 Slight Modification ‐‐ Single Familyper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $770 deposit is required per case.$90.00Variable0% Actual Cost NA49 Special events permit revieweach$180.00$347.970% $347.00$16750 Banner special events permiteach$28.00$87.9243% $50.00$2251 Temporary Use Permit Reviewper hour of staff timeFBHR of Staff. 3 hr minimum. Amount to be determined by staff prior to submittal. $800 deposit is required per case.$90.00Variable0% Actual Cost NA52 Tree Removal Permit for private propertyfirst tree$45.00$359.1775% $90.00$4553 Tree Removal Permit for private propertyeach addn'l tree$25.00$111.2355% $50.00$2554 Planning Dept plan reviews surcharge% of the building valuation$45 minimum0.238%Variable0% 0.238%$055 Second Unit Review Feeper hour of staff timeFBHR of Staff plus actual cost of the City Attorney. $1,000 deposit is required per case.NewVariable0% Actual Cost NA56EXTENSION OF TIME FOR MISCELLANEOUS PERMITS / REQUESTS (Expiring administrative approvals such as: administrative use permits, planning director's modification, administrative reviews, slight modification.)per request$90.00$175.850% $175.00$85Administration Fees57 Zoning conformance letterper half hr of staff timeFBHR of Staff. $180 initial deposit for two hours $45.00Variable0% Actual Cost NA58 Blueprintper square footminimum $110.90$0.900% $0.90$059 Microfilmeach minimum $112.00Variable0% $2.00$060 Dubbing of video tapesper tape/DVD30.00$30.000% $30.00$061 Xerox ‐ black and whiteper page0.25Variable0% $0.25$062 Xerox ‐ colorper page0.60Variable0% $0.60$0Notes:1. The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year.City of West CovinaComprehensive User Fee Study28 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee ΔEngineering FeesEngineering ‐ Reproduction Fees1 Copying of recordsLetter SizeLetter Size ‐ Black and Whiteper page$11 minimum$0.25$0.250% $0.25$0.002 Copying of recordsLetter SizeLetter Size ‐ Colorper page$11 minimum$0.60$0.600% $0.60$0.003 Copying of recordsLedger SizeLedger Size ‐ Black and Whiteper page$11 minimumNew$1.000% $1.00NA4 Copying of recordsLedger SizeLedger Size ‐ Colorper page$11 minimumNew$5.000% $5.00NA5 Copying of records"D" Size"D" Size ‐ Black and Whiteper page$11 minimumNew$5.000% $5.00NA6 Copying of records"D" Size"D" Size ‐ Colorper page$11 minimumNew$10.000% $10.00NA7 Copying of recordsStandard Plan Setper pageNew$10.000% $10.00NAEngineering ‐ Class I Permits (Plan Check Required)8 EngineeringStreet Improvement Plan Check/Inspection (Class I Permit) ‐ Under $20K% of estimated construction cost$265 minimum8.75%9.2%0% 9.2%0%9 EngineeringStreet Improvement Plan Check/Inspection (Class I Permit) ‐$20K‐$100K% of estimated construction cost7.50%3.5%0% 3.5%‐4%10 EngineeringStreet Improvement Plan Check/Inspection (Class I Permit) ‐Over $100K% of estimated construction cost6.00%3.1%0% 3.1%‐3%11 EngineeringStorm Drain System Plan Check/Inspection(Class I Permit) ‐ Under $20K% of estimated construction cost$265 minimum6.00%9.2%0% 9.2%3%12 EngineeringStorm Drain System Plan Check/Inspection(Class I Permit) ‐ $20K‐$100K% of estimated construction cost5.00%3.5%0% 3.5%‐1%13 EngineeringStorm Drain System Plan Check/Inspection(Class I Permit) ‐ Over $100K% of estimated construction cost3.50%3.1%0% 3.1% 0%14 EngineeringMainline sewers, laterals, pumping plants and pre‐ treatment plants (Class I Permit) ‐ Under $20K% of estimated construction cost$265 minimum6.00%9.2%0% 9.2%3%15 EngineeringMainline sewers, laterals, pumping plants and pre‐ treatment plants (Class I Permit) ‐ $20K‐$100K% of estimated construction cost5.00%3.5%0% 3.5%‐1%16 EngineeringMainline sewers, laterals, pumping plants and pre‐ treatment plants (Class I Permit) ‐ Over $100K% of estimated construction cost3.50%3.1%0% 3.1% 0%17 EngineeringWalls ‐ Retaining and Over Height Plan`Check/InspectionWalls‐retaining and overheight (Class I Permit) ‐ Under $20K% of estimated construction cost$265 minimum8.75%7.3%0% 7.3%‐1%18 EngineeringWalls ‐ Retaining and Over Height Plan`Check/InspectionWalls‐retaining and overheight (Class I Permit) ‐ $20K‐$100K% of estimated construction cost7.50%3.0%0% 3.0%‐5%19 EngineeringWalls ‐ Retaining and Over Height Plan`Check/InspectionWalls‐retaining and overheight (Class I Permit) ‐ Over $100K% of estimated construction cost6.00%2.9%0% 2.9%‐3%20 EngineeringEngineering On‐Site Plan Check/InspectionOn‐site improvements (paving, curbing, walls, drainage devices, lighting, etc.) ‐ Under $20K% of estimated construction cost$265 minimum5.00%8.4%0% 8.4%3%21 EngineeringEngineering On‐Site Plan Check/InspectionOn‐site improvements (paving, curbing, walls, drainage devices, lighting, etc.) ‐ $20K ‐ $100K% of estimated construction cost3.75%3.3%0% 3.3% 0%22 Engineering Engineering On‐Site Plan Check/InspectionOn‐site improvements (paving, curbing, walls, drainage devices, lighting, etc.) ‐ Over $100K% of estimated construction cost2.50%2.5%0% 2.5% 0%23 Engineering Engineering On‐Site Plan Check/Inspection Bridges and culverts‐ Under $20K% of estimated construction cost$265 minimum8.75%6.3%0% 6.3%‐2%24 EngineeringEngineering On‐Site Plan Check/Inspection Bridges and culverts ‐ $20K‐$100K% of estimated construction cost7.50%2.4%0% 2.4%‐5%25 EngineeringEngineering On‐Site Plan Check/Inspection Bridges and culverts ‐ Over $100K% of estimated construction cost6.00%1.9%0% 1.9%‐4%26 EngineeringGrading Plan Check and Inspection (Sec 7‐18.14 and`Sec 9.5) (Class I Permit)100 cubic yd or less$265.00$350.340% $350.00$85.0027 EngineeringGrading Plan Check and Inspection (Sec 7‐18.14 and`Sec 9.5) (Class I Permit)101‐ 1,000 cy ydeach 100 cy over 100 cy or part thereofPlus $350$199.00$223.540% $223.00$24.0028 EngineeringGrading Plan Check and Inspection (Sec 7‐18.14 and`Sec 9.5) (Class I Permit)1,001 ‐ 10,000 cu ydeach 1,000 cy over 1,000 cy or part thereofPlus $2230$265.00$504.170% $504.00$239.0029 EngineeringGrading Plan Check and Inspection (Sec 7‐18.14 and`Sec 9.5) (Class I Permit)10,001 ‐ 100,000 cu ydeach 10,000 cy over 10,000 cy or part thereof Plus $5040 $662.00$849.990% $849.00$187.0030 EngineeringGrading Plan Check and Inspection (Sec 7‐18.14 and`Sec 9.5) (Class I Permit)100,001 cu yd or moreeach 10,000 cy over 100,000 cy or part thereofPlus $8490$331.00$692.380% $692.00$361.0031 EngineeringEngineering Plan Revision Checking As Built Review per hour1 hour minimum$77.00$132.020% $132.00$55.00Engineering ‐ Class II Permits (No Plan Check Required)32 Curb Drain InspectionCurb and gutter (repair or replacment)‐‐no plan check requiredper linear ft Deposit: $1,008 Minimum: $95$0.62/lf, $62 minimum$95.860% $0.95/lf, $95 minimum Variable33Driveway Approach InspectioneachDeposit: $1,007$107.00$212.396% $200.00$93.0034 Sidewalk InspectionSidewalk (no plan check required)per sq ftDeposit: $795$0.10/sf, $265 minimum$279.760% $0.10/sf, $279 minimum Variable35 Curb Drain InspectionCurb drain (4" core drill)‐‐ no plan check required eachDeposit: $161$53.50$78.290% $78.00$24.5036 Curb Drain InspectionCurb drain (box culvert) ‐‐ no plan check required eachDeposit: $398$83.00$95.861% $95.00$12.0037Paving InspectionA.C. pavingper sq ftDeposit:$730 ; $130 minimum $0.40/sf, $119 minimum$131.170% $0.40/sf, $130 minimum Variable38 Paving InspectionP.C.C. pavingper sq ftDeposit: $1,060 min; $252.00 minimum$1.17/sf, $241 minimum$252.780% $1.17/sf, $252 minimum Variable39 EngineeringExcavation InspectionExcavation Inspectioneach sq ft Deposit: $398 ; $113 minimum $0.26/sf, $100 minimum$113.510% $0.26/sf, $113 minimum VariableCity of West CovinaComprehensive User Fee Study29 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ40 Tree Well InspectionTree Well InspectionTree wells (no plan check required)eachDeposit: $530 each$87.00$95.861% $95.00$8.0041 EngineeringSewer Connection Inspection (Class II Permit)Sewer construction by owner (including cesspool backfill) (Class II Permit)eachDeposit: $344$73.00$88.571% $88.00$15.0042 EngineeringSewer Connection Inspection (Class II Permit)Sewer connection and addition to house connection (Class II Permit)each$73.00$88.571% $88.00$15.0043 EngineeringSewer Connection Inspection (Class II Permit)Appurtenant onsite sewer devices (with sewer connection) (Class II Permit)each$6.15$38.401% $38.00$31.8544 EngineeringSewer Connection Inspection (Class II Permit)Appurtenant onsite sewer devices (separate from sewer connection) (Class II Permit)each$34.75$38.401% $38.00$3.2545 EngineeringSewer Connection Inspection (Class II Permit) Sewer saddle and wye (Class II Permit)eachDeposit: $363$55.50$55.972% $55.00‐$0.5046 EngineeringSewer Connection Inspection (Class II Permit) Backfill of Cesspool / Septic Tank Inspectioneach$75.00$79.781% $79.00$4.0047 EngineeringSewer Connection Inspection (Class II Permit)Special sewer connection and addition and private sewer system (over 100' in length) (Class II Permit) ‐ Under $20K% of estimated construction cost$265 minimum6.00%7.8%0% 7.8%2%48 EngineeringSewer Connection Inspection (Class II Permit)Special sewer connection and addition and private sewer system (over 100' in length) (Class II Permit) ‐ $20K‐$100K% of estimated construction cost5.00%2.9%0% 2.9%‐2%49 EngineeringSewer Connection Inspection (Class II Permit)Special sewer connection and addition and private sewer system (over 100' in length) (Class II Permit) ‐ Over $100K% of estimated construction cost3.50%2.2%0% 2.2%‐1%50 EngineeringSewer Connection Inspection (Class II Permit) Capping Sewer Connectioneach$92.00$62.210%$62.00‐$30.0051 EngineeringWater wells (Class II Permit)each$245.00$389.240% $389.00$144.0052 Tree Well InspectionTree Well Inspection: Other feesStreet trees (installed) ‐ residentialeach$33.00$105.529% $96.00$63.0053 Tree Well InspectionTree Well Inspection: Other feesStreet trees (installed) ‐ commercialeach$33.00$105.529% $96.00$63.00Engineering ‐ Class III Permits (Non Construction)54 EngineeringStreet Obstruction PermitStreet obstruction permit (non‐construction)per permit Deposit: $265; $59 minimum$42 plus $2.10/day, $44 minimum$58.590%$57 plus $2.10/day, $59 minimumVariable55 EngineeringStreet Obstruction PermitPermit to place barriers/signs during planned power outageper permitsigns placed during regular work hours$118.00$118.000% $118.00 $0.0056 Engineering Encroachment Permit Processingper permit$246.00$290.170% $290.00$44.0057 EngineeringSewer Connection Inspection (Class II Permit) Sewer Dye Testingeach$107.00$158.900% $158.90$51.9058All other Class III permits not previously listed ‐ eachIndustrial wasteeach$145.00$180.250% $180.00$35.0059Residential Parking Permit Processingper permit$55.00$148.210% $148.00$93.0060Restricted Parking Area Processingper permit$55.00$148.210% $148.00$93.0061Handicapped residentper permit$0.00NANA $0.00$0.00Engineering ‐ Miscellaneous Fees62 EngineeringEngineering On‐Site Plan Check/Inspection Misc fee ‐‐ After hours plan check and/or inspection per hour4 hour minimum$77.00$110.600% $110.60$33.6063 EngineeringLot Line Adjustment Review: Residentialper lot$162/lot, $324 minimum$453.040% $453.00Variable64 EngineeringLot Line Adjustment Review: Commercialper lot$455/lot, $910 minimum$453.040% $453.00Variable65 EngineeringCertificate of Compliance Processingper lot$1,188 minimum$463/lot, $926 minimum$593.550% $593.00Variable66 EngineeringStreet and Alley Vacation Processingeach$905.00$942.870% $942.00$37.0067 EngineeringMisc fee: Appeal of grading requirementseach$304.00$402.690% $402.00$98.0068 EngineeringUnderground Utilities Appeal Processingeach$909.00$936.770% $936.00$27.0069 Tree Well InspectionResidential Tree Removal RequestRequest for tree removal because tree blocks satellite dish, view or unwanted trees in the City easement that were never planted, maintained or approved by the Cityper in of trunk diameter, per treePlus administrative fee of $25. $15.00Contractor Cost100%$15.00, Plus administrative fee of $25$0.0070Residential Tree Trimming Request:Residential Tree Trimming RequestRequest for tree trimming more frequently than the City's scheduleper tree$190.00Contractor Cost100% $190.00$0.0071 EngineeringMisc fee: street name signs (installed) ‐ singleeach$304.00$448.330% $448.00$144.0072 EngineeringMisc fee: street name signs (installed) ‐ doubleeach$425.00$548.330% $548.00$123.0073 EngineeringStreet Address Change ReviewStreet address change revieweach$199.00$200.290% $200.00$1.0074 EngineeringEasement Processingeach$636.00$715.070% $715.00$79.0075 EngineeringFinal Tract Map Checkper lot$1,094 minimum$53.00$63.701% $63.00$10.0076 EngineeringFinal Parcel Map Checkper lot$662 minimum$26.75$63.701% $63.00$36.2577 EngineeringStreet Light System Plan Check/Inspection (Design and inspection) ‐ Under $20K% of estimated construction cost$265 minimum8.75%4.9%0% 4.9%‐4%78 EngineeringStreet Light System Plan Check/Inspection (Design and inspection) ‐ $20K‐$100K% of estimated construction cost7.50%3.3%0% 3.3%‐4%79 EngineeringStreet Light System Plan Check/Inspection (Design and inspection) ‐ Over $100K% of estimated construction cost6.00%2.8%0% 2.8%‐3%City of West CovinaComprehensive User Fee Study30 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ80Landfill Inspection Feeper inspection 3rd Party Pass‐ThruNewVariable0% Actual CostNA81 Special Inspection ServiceTraffic Committee fee ‐ requests to survey and study applications & requests for parking restrictions$55.00$78.521% $78.00 $23.0082 Special Inspection ServiceNational Pollutant Discharge Emission System (NPDES) ‐ site inspection feeper hour1 hr minimum$69.00$107.791% $107.00$38.0083 EngineeringEngineering On‐Site Plan Check/InspectionStorm Water Pollution Prevention Program (SWPPP)`check/inspection feeper hourplus 25% administrative fee Actual hourly costVariable0%Actual hourly cost plus 25% administrative feeNA84 EngineeringEngineering On‐Site Plan Check/InspectionStandard Urban Stormwater Mitigation Program`(SUSMP) check/inspection feeper hourplus 25% administrative fee Actual hourly costVariable0%Actual hourly cost plus 25% administrative feeNABuilding FeesBuilding ‐ Permit and Plan Check Fees85Building permit fees: PLAN CHECK fee structure*Valuation in $1‐1000$39.00$52.060% $52.06 $13.0686Building permit fees: PLAN CHECK fee structure*Valuation in $1001‐1100$45.00$59.250% $59.25$14.2587Building permit fees: PLAN CHECK fee structure*Valuation in $1101‐1200$50.00$66.430% $66.43$16.4388Building permit fees: PLAN CHECK fee structure*Valuation in $1201‐1300$56.00$75.400% $75.40$19.4089Building permit fees: PLAN CHECK fee structure*Valuation in $1301‐1400$61.00$85.280% $85.28$24.2890Building permit fees: PLAN CHECK fee structure*Valuation in $1401‐1500$66.00$92.460% $92.46$26.4691Building permit fees: PLAN CHECK fee structure*Valuation in $1501‐1600$71.00$100.540% $100.54$29.5492Building permit fees: PLAN CHECK fee structure*Valuation in $1601‐1700$75.00$108.620% $108.62$33.6293Building permit fees: PLAN CHECK fee structure*Valuation in $1701‐1800$83.00$115.800% $115.80$32.8094Building permit fees: PLAN CHECK fee structure*Valuation in $1801‐1900$90.00$123.880% $123.88$33.8895Building permit fees: PLAN CHECK fee structure*Valuation in $1901‐2000$96.00$133.750% $133.75$37.7596Building permit fees: PLAN CHECK fee structure*Valuation in $2001‐3000$102.00$140.930% $140.93$38.9397Building permit fees: PLAN CHECK fee structure*Valuation in $3001‐4000$109.00$148.110% $148.11$39.1198Building permit fees: PLAN CHECK fee structure*Valuation in $4001‐5000$113.00$157.090% $157.09$44.0999Building permit fees: PLAN CHECK fee structure*Valuation in $5001‐6000$120.00$165.170% $165.17$45.17100Building permit fees: PLAN CHECK fee structure*Valuation in $6001‐7000$124.00$173.250% $173.25$49.25101Building permit fees: PLAN CHECK fee structure*Valuation in $7001‐8000$129.00$180.430% $180.43$51.43102Building permit fees: PLAN CHECK fee structure*Valuation in $8001‐9000$136.00$189.410% $189.41$53.41103Building permit fees: PLAN CHECK fee structure*Valuation in $9000‐10000$140.00$197.480% $197.48$57.48104Building permit fees: PLAN CHECK fee structure*Valuation in $10001‐11000$149.00$203.770% $203.77$54.77105Building permit fees: PLAN CHECK fee structure*Valuation in $11001‐12000$153.00$212.740% $212.74$59.74106Building permit fees: PLAN CHECK fee structure*Valuation in $12001‐13000$159.00$220.820% $220.82$61.82107Building permit fees: PLAN CHECK fee structure*Valuation in $13001‐14000$167.00$228.000% $228.00$61.00108Building permit fees: PLAN CHECK fee structure*Valuation in $14001‐15000$170.00$235.190% $235.19$65.19109Building permit fees: PLAN CHECK fee structure*Valuation in $15001‐16000$175.00$241.470% $241.47$66.47110Building permit fees: PLAN CHECK fee structure*Valuation in $16001‐17000$179.00$245.960% $245.96$66.96111Building permit fees: PLAN CHECK fee structure*Valuation in $17001‐18000$184.00$253.140% $253.14$69.14112Building permit fees: PLAN CHECK fee structure*Valuation in $18001‐19000$186.00$258.530% $258.53$72.53113Building permit fees: PLAN CHECK fee structure*Valuation in $19001‐20000$190.00$265.710% $265.71$75.71114Building permit fees: PLAN CHECK fee structure*Valuation in $20001‐21000$195.00$270.190% $270.19$75.19115Building permit fees: PLAN CHECK fee structure*Valuation in $21001‐22000$199.00$276.480% $276.48$77.48116Building permit fees: PLAN CHECK fee structure*Valuation in $22001‐23000$206.00$283.660% $283.66$77.66117Building permit fees: PLAN CHECK fee structure*Valuation in $23001‐24000$209.00$289.940% $289.94$80.94City of West CovinaComprehensive User Fee Study31 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ118Building permit fees: PLAN CHECK fee structure*Valuation in $24001‐25000$213.00$294.430% $294.43$81.43119Building permit fees: PLAN CHECK fee structure*Valuation in $25001‐26000$217.00$301.610% $301.61$84.61120Building permit fees: PLAN CHECK fee structure*Valuation in $26001‐27000$222.00$307.000% $307.00$85.00121Building permit fees: PLAN CHECK fee structure*Valuation in $27001‐28000$226.00$312.380% $312.38$86.38122Building permit fees: PLAN CHECK fee structure*Valuation in $28001‐29000$233.00$318.670% $318.67$85.67123Building permit fees: PLAN CHECK fee structure*Valuation in $29001‐30000$236.00$324.950% $324.95$88.95124Building permit fees: PLAN CHECK fee structure*Valuation in $30001‐31000$240.00$331.240% $331.24$91.24125Building permit fees: PLAN CHECK fee structure*Valuation in $31001‐32000$243.00$338.420% $338.42$95.42126Building permit fees: PLAN CHECK fee structure*Valuation in $32001‐33000$248.00$343.800% $343.80$95.80127Building permit fees: PLAN CHECK fee structure*Valuation in $33001‐34000$251.00$350.980% $350.98$99.98128Building permit fees: PLAN CHECK fee structure*Valuation in $34001‐35000$257.00$354.570% $354.57$97.57129Building permit fees: PLAN CHECK fee structure*Valuation in $35001‐36000$262.00$361.760% $361.76$99.76130Building permit fees: PLAN CHECK fee structure*Valuation in $36001‐37000$266.00$366.240% $366.24$100.24131Building permit fees: PLAN CHECK fee structure*Valuation in $37001‐38000$270.00$373.430% $373.43$103.43132Building permit fees: PLAN CHECK fee structure*Valuation in $38001‐39000$274.00$377.910% $377.91$103.91133Building permit fees: PLAN CHECK fee structure*Valuation in $39001‐40000$278.00$384.200% $384.20$106.20134Building permit fees: PLAN CHECK fee structure*Valuation in $40001‐41000$281.00$386.890% $386.89$105.89135Building permit fees: PLAN CHECK fee structure*Valuation in $41001‐42000$283.00$392.280% $392.28$109.28136Building permit fees: PLAN CHECK fee structure*Valuation in $42001‐43000$286.00$395.870% $395.87$109.87137Building permit fees: PLAN CHECK fee structure*Valuation in $43001‐44000$290.00$400.360% $400.36$110.36138Building permit fees: PLAN CHECK fee structure*Valuation in $44001‐45000$293.00$403.050% $403.05$110.05139Building permit fees: PLAN CHECK fee structure*Valuation in $45001‐46000$296.00$407.540% $407.54$111.54140Building permit fees: PLAN CHECK fee structure*Valuation in $46001‐47000$298.00$411.130% $411.13$113.13141Building permit fees: PLAN CHECK fee structure*Valuation in $47001‐48000$301.00$414.720% $414.72$113.72142Building permit fees: PLAN CHECK fee structure*Valuation in $48001‐49000$302.00$418.310% $418.31$116.31143Building permit fees: PLAN CHECK fee structure*Valuation in $49001‐50000$306.00$422.800% $422.80$116.80144Building permit fees: PLAN CHECK fee structure*Valuation in $50001‐51000$308.00$425.490% $425.49$117.49145Building permit fees: PLAN CHECK fee structure*Valuation in $51001‐52000$310.00$429.980% $429.98$119.98146Building permit fees: PLAN CHECK fee structure*Valuation in $52001‐53000$316.00$436.260% $436.26$120.26147Building permit fees: PLAN CHECK fee structure*Valuation in $53001‐54000$319.00$439.850% $439.85$120.85148Building permit fees: PLAN CHECK fee structure*Valuation in $54001‐55000$321.00$444.340% $444.34$123.34149Building permit fees: PLAN CHECK fee structure*Valuation in $55001‐56000$324.00$447.930% $447.93$123.93150Building permit fees: PLAN CHECK fee structure*Valuation in $56001‐57000$326.00$452.420% $452.42$126.42151Building permit fees: PLAN CHECK fee structure*Valuation in $57001‐58000$329.00$455.110% $455.11$126.11152Building permit fees: PLAN CHECK fee structure*Valuation in $58001‐59000$334.00$459.600% $459.60$125.60153Building permit fees: PLAN CHECK fee structure*Valuation in $59001‐60000$336.00$463.190% $463.19$127.19154Building permit fees: PLAN CHECK fee structure*Valuation in $60001‐61000$338.00$466.780% $466.78$128.78155Building permit fees: PLAN CHECK fee structure*Valuation in $61001‐62000$342.00$469.470% $469.47$127.47156Building permit fees: PLAN CHECK fee structure*Valuation in $62001‐63000$345.00$474.860% $474.86$129.86City of West CovinaComprehensive User Fee Study32 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ157Building permit fees: PLAN CHECK fee structure*Valuation in $63001‐64000$347.00$477.550% $477.55$130.55158Building permit fees: PLAN CHECK fee structure*Valuation in $64001‐65000$350.00$482.040% $482.04$132.04159Building permit fees: PLAN CHECK fee structure*Valuation in $65001‐66000$354.00$487.430% $487.43$133.43160Building permit fees: PLAN CHECK fee structure*Valuation in $66001‐67000$356.00$491.920% $491.92$135.92161Building permit fees: PLAN CHECK fee structure*Valuation in $67001‐68000$360.00$496.400% $496.40$136.40162Building permit fees: PLAN CHECK fee structure*Valuation in $68001‐69000$361.00$500.890% $500.89$139.89163Building permit fees: PLAN CHECK fee structure*Valuation in $69001‐70000$363.00$503.590% $503.59$140.59164Building permit fees: PLAN CHECK fee structure*Valuation in $70001‐71000$366.00$508.070% $508.07$142.07165Building permit fees: PLAN CHECK fee structure*Valuation in $71001‐72000$370.00$511.660% $511.66$141.66166Building permit fees: PLAN CHECK fee structure*Valuation in $72001‐73000$373.00$516.150% $516.15$143.15167Building permit fees: PLAN CHECK fee structure*Valuation in $73001‐74000$377.00$518.850% $518.85$141.85168Building permit fees: PLAN CHECK fee structure*Valuation in $74001‐75000$380.00$523.330% $523.33$143.33169Building permit fees: PLAN CHECK fee structure*Valuation in $75001‐76000$383.00$527.820% $527.82$144.82170Building permit fees: PLAN CHECK fee structure*Valuation in $76001‐77000$385.00$531.410% $531.41$146.41171Building permit fees: PLAN CHECK fee structure*Valuation in $77001‐78000$390.00$535.900% $535.90$145.90172Building permit fees: PLAN CHECK fee structure*Valuation in $78001‐79000$392.00$539.490% $539.49$147.49173Building permit fees: PLAN CHECK fee structure*Valuation in $79001‐80000$394.00$543.080% $543.08$149.08174Building permit fees: PLAN CHECK fee structure*Valuation in $80001‐81000$397.00$546.670% $546.67$149.67175Building permit fees: PLAN CHECK fee structure*Valuation in $81001‐82000$400.00$552.960% $552.96$152.96176Building permit fees: PLAN CHECK fee structure*Valuation in $82001‐83000$403.00$555.650% $555.65$152.65177Building permit fees: PLAN CHECK fee structure*Valuation in $83001‐84000$406.00$561.040% $561.04$155.04178Building permit fees: PLAN CHECK fee structure*Valuation in $84001‐85000$408.00$563.730% $563.73$155.73179Building permit fees: PLAN CHECK fee structure*Valuation in $85001‐86000$410.00$567.320% $567.32$157.32180Building permit fees: PLAN CHECK fee structure*Valuation in $86001‐87000$413.00$570.010% $570.01$157.01181Building permit fees: PLAN CHECK fee structure*Valuation in $87001‐88000$418.00$576.300% $576.30$158.30182Building permit fees: PLAN CHECK fee structure*Valuation in $88001‐89000$419.00$578.990% $578.99$159.99183Building permit fees: PLAN CHECK fee structure*Valuation in $89001‐90000$421.00$583.480% $583.48$162.48184Building permit fees: PLAN CHECK fee structure*Valuation in $90001‐91000$425.00$587.970% $587.97$162.97185Building permit fees: PLAN CHECK fee structure*Valuation in $91001‐92000$429.00$591.560% $591.56$162.56186Building permit fees: PLAN CHECK fee structure*Valuation in $92001‐93000$431.00$595.150% $595.15$164.15187Building permit fees: PLAN CHECK fee structure*Valuation in $93001‐94000$436.00$600.530% $600.53$164.53188Building permit fees: PLAN CHECK fee structure*Valuation in $94001‐95000$438.00$603.230% $603.23$165.23189Building permit fees: PLAN CHECK fee structure*Valuation in $95001‐96000$441.00$608.610% $608.61$167.61190Building permit fees: PLAN CHECK fee structure*Valuation in $96001‐97000$445.00$612.200% $612.20$167.20191Building permit fees: PLAN CHECK fee structure*Valuation in $97001‐98000$447.00$616.690% $616.69$169.69192Building permit fees: PLAN CHECK fee structure*Valuation in $98001‐99000$449.00$620.280% $620.28$171.28193Building permit fees: PLAN CHECK fee structure*Valuation in $99001‐100000$452.00$624.770% $624.77$172.77194Building permit fees: PLAN CHECK fee structure*Valuation in $above $ 100,000 valuation65% of building permit feeVariable0% 65% of building permit fee Variable195Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1‐1000$58.00$80.100% $80.10$22.10City of West CovinaComprehensive User Fee Study33 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ196Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1001‐1100$66.00$91.150% $91.15$25.15197Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1101‐1200$74.00$102.190% $102.19$28.19198Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1201‐1300$84.00$116.000% $116.00$32.00199Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1301‐1400$95.00$131.200% $131.20$36.20200Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1401‐1500$103.00$142.240% $142.24$39.24201Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1501‐1600$112.00$154.670% $154.67$42.67202Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1601‐1700$121.00$167.100% $167.10$46.10203Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1701‐1800$129.00$178.150% $178.15$49.15204Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1801‐1900$138.00$190.580% $190.58$52.58205Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $1901‐2000$149.00$205.770% $205.77$56.77206Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $2001‐3000$157.00$216.820% $216.82$59.82207Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $3001‐4000$165.00$227.870% $227.87$62.87208Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $4001‐5000$175.00$241.680% $241.68$66.68209Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $5001‐6000$184.00$254.110% $254.11$70.11210Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $6001‐7000$193.00$266.540% $266.54$73.54211Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $7001‐8000$201.00$277.580% $277.58$76.58212Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $8001‐9000$211.00$291.390% $291.39$80.39213Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $9000‐10000$220.00$303.820% $303.82$83.82214Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $10001‐11000$227.00$313.490% $313.49$86.49215Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $11001‐12000$237.00$327.300% $327.30$90.30216Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $12001‐13000$246.00$339.730% $339.73$93.73217Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $13001‐14000$254.00$350.780% $350.78$96.78218Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $14001‐15000$262.00$361.820% $361.82$99.82219Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $15001‐16000$269.00$371.490% $371.49$102.49220Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $16001‐17000$274.00$378.400% $378.40$104.40221Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $17001‐18000$282.00$389.450% $389.45$107.45222Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $18001‐19000$288.00$397.730% $397.73$109.73223Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $19001‐20000$296.00$408.780% $408.78$112.78224Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $20001‐21000$301.00$415.680% $415.68$114.68225Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $21001‐22000$308.00$425.350% $425.35$117.35226Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $22001‐23000$316.00$436.400% $436.40$120.40227Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $23001‐24000$323.00$446.070% $446.07$123.07228Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $24001‐25000$328.00$452.970% $452.97$124.97229Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $25001‐26000$336.00$464.020% $464.02$128.02230Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $26001‐27000$342.00$472.310% $472.31$130.31231Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $27001‐28000$348.00$480.590% $480.59$132.59232Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $28001‐29000$355.00$490.260% $490.26$135.26233Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $29001‐30000$362.00$499.930% $499.93$137.93234Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $30001‐31000$369.00$509.590% $509.59$140.59City of West CovinaComprehensive User Fee Study34 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ235Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $31001‐32000$377.00$520.640% $520.64$143.64236Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $32001‐33000$383.00$528.930% $528.93$145.93237Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $33001‐34000$391.00$539.980% $539.98$148.98238Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $34001‐35000$395.00$545.500% $545.50$150.50239Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $35001‐36000$403.00$556.550% $556.55$153.55240Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $36001‐37000$408.00$563.450% $563.45$155.45241Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $37001‐38000$416.00$574.500% $574.50$158.50242Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $38001‐39000$421.00$581.410% $581.41$160.41243Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $39001‐40000$428.00$591.070% $591.07$163.07244Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $40001‐41000$431.00$595.220% $595.22$164.22245Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $41001‐42000$437.00$603.500% $603.50$166.50246Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $42001‐43000$441.00$609.030% $609.03$168.03247Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $43001‐44000$446.00$615.930% $615.93$169.93248Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $44001‐45000$449.00$620.070% $620.07$171.07249Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $45001‐46000$454.00$626.980% $626.98$172.98250Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $46001‐47000$458.00$632.500% $632.50$174.50251Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $47001‐48000$462.00$638.030% $638.03$176.03252Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $48001‐49000$466.00$643.550% $643.55$177.55253Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $49001‐50000$471.00$650.460% $650.46$179.46254Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $50001‐51000$474.00$654.600% $654.60$180.60255Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $51001‐52000$479.00$661.500% $661.50$182.50256Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $52001‐53000$486.00$671.170% $671.17$185.17257Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $53001‐54000$490.00$676.700% $676.70$186.70258Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $54001‐55000$495.00$683.600% $683.60$188.60259Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $55001‐56000$499.00$689.120% $689.12$190.12260Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $56001‐57000$504.00$696.030% $696.03$192.03261Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $57001‐58000$507.00$700.170% $700.17$193.17262Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $58001‐59000$512.00$707.080% $707.08$195.08263Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $59001‐60000$516.00$712.600% $712.60$196.60264Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $60001‐61000$520.00$718.130% $718.13$198.13265Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $61001‐62000$523.00$722.270% $722.27$199.27266Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $62001‐63000$529.00$730.550% $730.55$201.55267Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $63001‐64000$532.00$734.700% $734.70$202.70268Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $64001‐65000$537.00$741.600% $741.60$204.60269Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $65001‐66000$543.00$749.890% $749.89$206.89270Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $66001‐67000$548.00$756.790% $756.79$208.79271Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $67001‐68000$553.00$763.700% $763.70$210.70272Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $68001‐69000$558.00$770.600% $770.60$212.60273Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $69001‐70000$561.00$774.750% $774.75$213.75City of West CovinaComprehensive User Fee Study35 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ274Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $70001‐71000$566.00$781.650% $781.65$215.65275Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $71001‐72000$570.00$787.180% $787.18$217.18276Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $72001‐73000$575.00$794.080% $794.08$219.08277Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $73001‐74000$578.00$798.220% $798.22$220.22278Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $74001‐75000$583.00$805.130% $805.13$222.13279Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $75001‐76000$588.00$812.030% $812.03$224.03280Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $76001‐77000$592.00$817.560% $817.56$225.56281Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $77001‐78000$597.00$824.460% $824.46$227.46282Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $78001‐79000$601.00$829.990% $829.99$228.99283Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $79001‐80000$605.00$835.510% $835.51$230.51284Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $80001‐81000$609.00$841.040% $841.04$232.04285Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $81001‐82000$616.00$850.700% $850.70$234.70286Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $82001‐83000$619.00$854.850% $854.85$235.85287Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $83001‐84000$625.00$863.130% $863.13$238.13288Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $84001‐85000$628.00$867.280% $867.28$239.28289Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $85001‐86000$632.00$872.800% $872.80$240.80290Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $86001‐87000$635.00$876.940% $876.94$241.94291Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $87001‐88000$642.00$886.610% $886.61$244.61292Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $88001‐89000$645.00$890.750% $890.75$245.75293Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $89001‐90000$650.00$897.660% $897.66$247.66294Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $90001‐91000$655.00$904.560% $904.56$249.56295Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $91001‐92000$659.00$910.090% $910.09$251.09296Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $92001‐93000$663.00$915.610% $915.61$252.61297Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $93001‐94000$669.00$923.900% $923.90$254.90298Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $94001‐95000$672.00$928.040% $928.04$256.04299Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $95001‐96000$678.00$936.330% $936.33$258.33300Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $96001‐97000$682.00$941.850% $941.85$259.85301Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $97001‐98000$687.00$948.750% $948.75$261.75302Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $98001‐99000$691.00$954.280% $954.28$263.28303Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $99001‐100000$696.00$961.180% $961.18$265.18304Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $100,001‐500K: first $100K$696.00$961.180% $961.18$265.18305Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $100,001‐500K: ea addtl $1K, or fraction thereof, to $500K$4.60$6.350% $6.35$1.75306Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $500K and up: first $500K$2,486.00$3,433.190% $3,433.19$947.19307Building permit fees: PERMIT FEE (Sec 7‐18.3)*Valuation in $500K and up: each addttional $1K or fraction thereof$3.80$5.250% $5.25$1.45308Building permit fees: PLAN CHECK fee structure*Investigation fee‐‐work without permit (Sec7‐18.3) For reconvert inspections$96.00$122.911% $122.00$26.00309Building permit fees: PLAN CHECK fee structure*Planning Dept plan reviews surcharge% of the building valuation$45 minimum0.238%Variable0% 0.238%$0.00310Building permit fees: PLAN CHECK fee structure*General Plan and Zoning Code Update Surcharge% of the building permit fee10% of Planning Dept feesVariable0% 17.7% of Building Permit fees Variable311Building permit fees: PLAN CHECK fee structure*Small Residential Rooftop Solar Photovoltaic Systems ‐ Plan Revieweach$230.50$245.836% $230.50$0.00312Building permit fees: PLAN CHECK fee structure*Small Residential Rooftop Solar Photovoltaic Systems ‐ Building Permit Feeeach$109.50$151.7928% $109.50$0.00City of West CovinaComprehensive User Fee Study36 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ313Building permit fees: PERMIT FEE (Sec 7‐18.3)*Work without permitstipulated in Municipal Code Double the permit feeNANA Double the permit fee $0.00314 Plans and permit RetentionPermit Documentation Retention Fee. Storing permit and plans prmanently pursuant to health and safety code. 19850‐19853% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. 0.25% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $3.00 minimum charge to each permit0.25%VariableNA0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $10 minimum0.25%Building ‐ Supplemental Plan Check & Inspection Fees315Building Supplemental Plan Check & InspectionBuilding inspectorper hourOne ‐ hour minimum$73.00$122.911% $122.00$49.00316Building Supplemental Plan Check & InspectionBuilding officialper hourOne ‐ hour minimum$117.00$333.6433% $225.00$108.00317Building Supplemental Plan Check & InspectionAfter hours inspectionper hourCharged at minimum of 4 hours $73.00$122.91100% $122.00$49.00318 Same Day InspectionOvertime inspection for projects requesting same day inspection if the schedule is fullper hourCharged at minimum of 4 hours NewVariable0% FBHR of StaffNA319Building Supplemental Plan Check & InspectionAll in‐house plan checks after the 1st and 2nd check: one‐ time supplemental plan check fee when plans are incomplete or not correctedeach$117.00$333.6463% $123.00$6.00320Building Supplemental Plan Check & InspectionConsultants ‐ Expedited feeeachActual Cost plus 50% City administrative feeNA100%Actual Cost plus 50% City administrative fee$0.00321Building Supplemental Plan Check & InspectionIn‐house ‐ Expedited feeeachActual Cost plus 50% City administrative feeNA100%Actual Cost plus 50% City administrative fee$0.00322Building Supplemental Plan Check & InspectionP.M.E. Plan Checkper hour$165.00NA100%Actual Cost plus 50% City administrative fee$0.00323Building Supplemental Plan Check & InspectionP.M.E. Expeditedper hour$187.50NA100%Actual Cost plus 50% City administrative fee$0.00324Building permit fees: PERMIT FEE (Sec 7‐18.6)*Temporary Certificate of Occupancy(TCO)eachTo enable applicant to occupy the premises prior to completing all of the required work on the plans. Permit fee will be for additonal inspections, outside of the code required final inspections, to give owner a list of life‐safety items to complete before occupying the space, thereby deferring the completion of non‐life safety items until Final Inspection approval.$330.00$702.3853% $330.00$0.00325Building Permit Extension/Reactivationper permit$120.00$166.670% $166.00$46.00326Construction Noise Permit ‐ Permit authorizing noises prohibited (Sec 15‐95)per permit$29.00$195.991% $195.00 $166.00327 Issuing Engineering PermitsIssuing permits to utility companieseachNew$58.341% $58.00NA328Sewer Connection Permitsper permitNew$105.210% $105.00NA329Building permit fees: PERMIT FEE (Sec 17‐18.6)*Change of Occupancy eachPlans review and inspection for proposed change of occupancy without construction.New$514.9036% $330.00NA330Building permit fees: PERMIT FEE (Sec 7‐18.3)*Energy Compliance Fee$20 minimum; This applies to all new habitable addition, commercial or residential.Equal to 5% of the building permit feeNANAEqual to 5% of the building permit fee$0.00331Building permit fees: PERMIT FEE (Sec 7‐18.3)*Strong Motion Instrumentation Program (SMIP) fee (does not apply to pools, spas, reroofs or signs with a foundation)MinimumSMIP FEES ARE SET BY THE STATE. $0.50NANA $0.50$0.00332Building permit fees: PERMIT FEE (Sec 7‐18.3)*Strong Motion Instrumentation Program (SMIP) fee (does not apply to pools, spas, reroofs or signs with a foundation)ResidentialSMIP FEES ARE SET BY THE STATE. $0.00010 x valuationNANA $0.00013 x valuation $0.00333Building permit fees: PERMIT FEE (Sec 7‐18.3)*Strong Motion Instrumentation Program (SMIP) fee (does not apply to pools, spas, reroofs or signs with a foundation)CommercialSMIP FEES ARE SET BY THE STATE. $0.00021 x valuationNANA $0.00028 x valuation $0.00334SB1473 ‐ Building Standards Administration Special Revolving FundFEES ARE SET BY THE STATE. $1 minimumNewNANA $0.00004 x valuation $0.00335Construction and demolition debris recycling review feeAdministrative Cost Recovery FeeTo cover the cost of staff time and materials to review and process documentation related to the administration of the Construction Debris Recycling ordinance $75.00$131.2743% $75.00$0.00336Construction and demolition debris recycling review feePerformance Security Deposit (Deposited with theWaste Diversion Plan of the Public Works Department.Deposit will be refunded after compliance with the Construction Debris Recycling ordinance. If Construction debris is not recycled, or if there are no records of having done so, the deposit will be forfeited.Single family homes and duplexes:City of West CovinaComprehensive User Fee Study37 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ337Construction and demolition debris recycling review feeConstruction and demolition debris recycling review fee**Valuation up to $100Kper permit$100.00NANA $100.00$0.00338Construction and demolition debris recycling review feeConstruction and demolition debris recycling review fee**Valuation over $100Kper permit$250.00NANA $250.00$0.00339Construction and demolition debris recycling review feeConstruction and demolition debris recycling review fee**Condominiums and apartmentsper permit$500.00NANA $500.00$0.00340Construction and demolition debris recycling review feeConstruction and demolition debris recycling review fee**Commercial, industrial and other private covered projects: valuation up to $100,000per permit$500.00NANA $500.00 $0.00341Construction and demolition debris recycling review feeConstruction and demolition debris recycling review fee**Commercial, industrial and other private covered projects: valuation over $100,000per permit$1,000.00NANA $1,000.00 $0.00Building ‐ Plumbing Fees342PLUMBING PERMIT fees: (Sec 7‐88)Issuance fee ‐ PlumbingPer Permit$22.50$36.460% $36.46$13.96343PLUMBING PERMIT fees: (Sec 7‐88)Any fixtureEach$9.00$90.6375% $23.00$14.00344PLUMBING PERMIT fees: (Sec 7‐88)Gas piping (1‐5 outlets)Each$9.00$18.1327% $13.20$4.20345PLUMBING PERMIT fees: (Sec 7‐88)Gas piping (add'l outlets)Each$3.00$18.1376% $4.40$1.40346PLUMBING PERMIT fees: (Sec 7‐88)Pool/ spaEach$22.50$90.630% $90.63$68.13347PLUMBING PERMIT fees: (Sec 7‐88)Private sewage systemsEach$52.00$90.630% $90.63$38.63348PLUMBING PERMIT fees: (Sec 7‐88)Instl. Alt. Repair PipingEach$14.90$90.6367% $29.91$15.01349PLUMBING PERMIT fees: (Sec 7‐88)Floor Sinks/ drainsEach$9.00$90.6375% $23.00$14.00350PLUMBING PERMIT fees: (Sec 7‐88)Backflow, sprinkler systemEach$9.00$90.6374% $24.00$15.00351PLUMBING PERMIT fees: (Sec 7‐88)Vacuum breakers (1‐5)Each$9.00$24.275% $23.00$14.00352PLUMBING PERMIT fees: (Sec 7‐88)Vacuum breakers (over 5)Each$3.00$18.1327% $13.20$10.20353PLUMBING PERMIT fees: (Sec 7‐88)P ‐ TrapEach$9.00$90.6375% $23.00$14.00354PLUMBING PERMIT fees: (Sec 7‐88)Grease TrapEach$18.10$90.6350% $45.31$27.21355PLUMBING PERMIT fees: (Sec 7‐88)Investigation fee‐‐work without permit(sec7‐49.4) Each$202.00NANA $202.00$0.00356PLUMBING PERMIT fees: (Sec 7‐88)Work without permitstipulated in Municipal Code Double the permit feeNANA Double the permit fee $0.00357PLUMBING PERMIT fees: (Sec 7‐88)Permit Documentation Retention Fee% of the Building, Mechanical, Plumbing, or Electrical Permit Fee0.25% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $3.00 minimum charge to each permit0.25%VariableNA0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $10 minimum0.25%Building ‐ Electrical Fees358ELECTRICAL PERMIT fees: (Sec7‐49.4)Issuance fee ‐ ElectricalPer Permit$22.50$36.460% $36.46$13.96359ELECTRICAL PERMIT fees: (Sec7‐49.4)Outlets: Lights, switches, receptacles First 20Each$1.12$4.5343% $2.60$1.48360ELECTRICAL PERMIT fees: (Sec7‐49.4)Outlets: Lights, switches, receptacles : Add'lEach$0.77$4.5361% $1.79$1.02361ELECTRICAL PERMIT fees: (Sec7‐49.4)Lighting fixture: first 20Each$1.12$90.6397% $2.60$1.48362ELECTRICAL PERMIT fees: (Sec7‐49.4)Lighting fixture: add'lEach$0.77$90.6398% $1.79$1.02363ELECTRICAL PERMIT fees: (Sec7‐49.4)Fixed appliance not over 1 HPEach$6.00$90.6379% $19.00$13.00364ELECTRICAL PERMIT fees: (Sec7‐49.4)Power appraratus & Large appl: Up to 1 inclEach$6.00$90.6379% $19.00$13.00365ELECTRICAL PERMIT fees: (Sec7‐49.4)Power appraratus & Large appl: Over 1 to 10 incl. Each$9.00$90.6374% $24.00$15.00366ELECTRICAL PERMIT fees: (Sec7‐49.4)Power apparatus & Large appl: Over 10 to 50 incl. Each$21.00$90.6368% $29.00$8.00367ELECTRICAL PERMIT fees: (Sec7‐49.4)Power apparatus & Large appl: Over 50 to 100 incl. Each$45.00$90.6350% $45.00$0.00368ELECTRICAL PERMIT fees: (Sec7‐49.4)Power apparatus & Large appl: Over 100Each$66.00$90.6327% $66.00$0.00369ELECTRICAL PERMIT fees: (Sec7‐49.4)Service: 0‐200 A. Under 600 VEach$22.50$90.6339% $55.00$32.50370ELECTRICAL PERMIT fees: (Sec7‐49.4)Service: 201‐1000 A. Under 600 VEach$52.00$182.8130% $127.11$75.11City of West CovinaComprehensive User Fee Study38 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ371ELECTRICAL PERMIT fees: (Sec7‐49.4)Service: Over 1000 A Under 600 VEach$90.00$182.810% $182.81$92.81372ELECTRICAL PERMIT fees: (Sec7‐49.4)Temporary Power PoleEach$19.50$90.6374% $24.00$4.50373ELECTRICAL PERMIT fees: (Sec7‐49.4)Sub PoleEach$12.25$90.6383% $15.08$2.83374ELECTRICAL PERMIT fees: (Sec7‐49.4)Sign include 1 circuitEach$29.50$90.6360% $36.00$6.50375ELECTRICAL PERMIT fees: (Sec7‐49.4)Sign add'l circuitsEach$8.20$90.6389% $10.01$1.81376ELECTRICAL PERMIT fees: (Sec7‐49.4)Pool/spaEach$52.00$90.6328% $65.00$13.00377ELECTRICAL PERMIT fees: (Sec7‐49.4)Pole lighting: for 1‐6Each$7.40$15.1040% $9.03$1.63378ELECTRICAL PERMIT fees: (Sec7‐49.4)Pole lighting: over 6Each$4.60$15.1063% $5.61$1.01379ELECTRICAL PERMIT fees: (Sec7‐49.4)Investigation fee‐‐work without permit(sec7‐49.4) Each$202.00NANA $202.00$0.00380ELECTRICAL PERMIT fees: (Sec7‐49.4)Work without permitstipulated in Municipal Code Double the permit feeNANA Double the permit fee $0.00381ELECTRICAL PERMIT fees: (Sec7‐49.4)Permit Documentation Retention Fee% of the Building, Mechanical, Plumbing, or Electrical Permit Fee0.25% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $3.00 minimum charge to each permit0.25%VariableNA0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $10 minimum0.25%Building ‐ Mechanical Fees382 MECHANICAL FEES (Sec 7‐77)Issuance fee ‐ MechanicalPer Permit$22.50$36.460% $36.46 $13.96383 MECHANICAL FEES (Sec 7‐77)FAU Air/Furnace: up to 100,000 BTUEach$15.50$90.6374% $24.00$8.50384 MECHANICAL FEES (Sec 7‐77)FAU Air/Furnace: over 100,000 BTUEach$29.60$90.6349% $45.83$16.23385 MECHANICAL FEES (Sec 7‐77)Heater (suspended, recessed, floor)Each$15.50$90.6374% $24.00$8.50386 MECHANICAL FEES (Sec 7‐77)Appliance vent installed & not included in appliance permit Each$15.50$90.6374% $24.00$8.50387 MECHANICAL FEES (Sec 7‐77)Refrigeration unit, comfort cooling, absorbent unit Each$15.50$90.6374% $24.00$8.50388 MECHANICAL FEES (Sec 7‐77)Compressor or boiler: not over 3 HP & up to 100,000`BTU Each$18.10$90.6374% $24.00$5.90389 MECHANICAL FEES (Sec 7‐77)Compressor or boiler: 3 HP ‐ 15 HP or 100k ‐500K BTU Each$21.90$90.6368% $28.80$6.90390 MECHANICAL FEES (Sec 7‐77)Compressor or boiler: 15 HP ‐ 30 HP or 500K ‐ 1 mil`BTU Each$37.30$90.6362% $34.56‐$2.74391MECHANICAL FEES (Sec 7‐77)Compressor or boiler: 30 HP ‐ 50HP or 1 mil ‐ 1.5 mil`BTU Each$52.70$90.6354% $41.47‐$11.23392 MECHANICAL FEES (Sec 7‐77)Compressor or boiler: over 50 HP or over 1.75 mil BTU Each$66.70$90.6345% $49.77‐$16.93393 MECHANICAL FEES (Sec 7‐77)Air handling unit ‐ not over 10,000 CFMEach$15.50$90.6374% $24.00$8.50394 MECHANICAL FEES (Sec 7‐77)Air handling unit ‐ over 10,000 CFMEach$21.90$90.6368% $28.80$6.90395 MECHANICAL FEES (Sec 7‐77)Evaporative coolerEach$11.50$90.6374% $24.00$12.50396 MECHANICAL FEES (Sec 7‐77)Vent fan connected to a single ductEach$15.50$90.6374% $24.00$8.50397 MECHANICAL FEES (Sec 7‐77)Ventilation system not a part of FAU systemEach$15.50$90.6374% $24.00$8.50398 MECHANICAL FEES (Sec 7‐77)Hood served by a mechanical exhaustEach$15.50$90.6347% $48.00$32.50399 MECHANICAL FEES (Sec 7‐77)Registers / inlets / outletsEach$11.50$90.6380% $17.81$6.31400 MECHANICAL FEES (Sec 7‐77)Fire dampersEach$11.50$90.6380% $17.81$6.31401 MECHANICAL FEES (Sec 7‐77)Duct extensionEach$11.50$90.6380% $17.81$6.31402 MECHANICAL FEES (Sec 7‐77)Investigation fee‐‐ work without permit(Sec 7‐77) Each$202.00NANA $202.00$0.00403 MECHANICAL FEES (Sec 7‐77)Work without permitstipulated in Municipal Code Double the permit feeNANA Double the permit fee $0.00City of West CovinaComprehensive User Fee Study39 II. Public Works# Fee GroupFee Group 2Fee DescriptionUnitNoteCurrent FeeFull CostSubsidy % Suggested FeeFee Δ404 MECHANICAL FEES (Sec 7‐77)Permit Documentation Retention Fee% of the Building, Mechanical, Plumbing, or Electrical Permit Fee0.25% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $3.00 minimum charge to each permit0.25%VariableNA0.50% of the Building, Mechanical, Plumbing, or Electrical Permit Fee. $10 minimum0.25%Notes:1. The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year.*Building valuations are based on the most up to date ICC and LA City Valuations published.**Exception: modification and alteration work to an exisitng condominium or apartment individual unit shall deposit the same amount as those specified to single family homes and duplexes.City of West CovinaComprehensive User Fee Study40 III. Police# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee ΔAdministrative Citations ‐ Zoning Code Enforcement1 Zoning Code Enforcement Administrative citations sign permit requiredper citationFirst citation = $40; late fee = $15Subsequent citations = $80; late fee = $30NANAFirst citation = $40; late fee = $15Subsequent citations = $80; late fee = $30NA2 Zoning Code Enforcement Administrative citations failure to subscribe for rubbish collection service per citationFirst citation = $40; late fee = $15Subsequent citations = $80; late fee = $30NANAFirst citation = $40; late fee = $15Subsequent citations = $80; late fee = $30NA3 Zoning Code Enforcement Administrative citations waste containers in viewper citationFirst citation = $40; late fee = $15Subsequent citations = $80; late fee = $30NANAFirst citation = $40; late fee = $15Subsequent citations = $80; late fee = $30NA4 Zoning Code Enforcement Administrative citations Unauthorized Waste Containers Impoundper citation$500 ‐ first offenseNANA $500 ‐ first offenseNA5 Zoning Code Enforcement Administrative citations Unauthorized Waste Containers Impoundper citation$1,000 second offenseNANA $1,000 second offense NA6 Zoning Code Enforcement Administrative citations Unauthorized Waste Containers Impoundper citationPlus: $ 25 per day of storage, and the Materials Recovery Facility (MRF)processing rate per ton of waste in the box impounded.NANAPlus: $ 25 per day of storage, and the Materials Recovery Facility (MRF)processing rate per ton of waste in the box impounded.NA7 Zoning Code Enforcement Administrative citations Permitting water to flow on public streetsper citationFirst citation = $100NANA First citation = $100NA8 Zoning Code Enforcement Administrative citations Permitting water to flow on public streetsper citationSecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NANASecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NA9Zoning Code Enforcement Administrative citations Precise plan complianceper citationFirst citation = $100NANA First citation = $100NA10 Zoning Code Enforcement Administrative citations Precise plan complianceper citationSecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NANASecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NA11Zoning Code Enforcement Administrative citations Dumping on public or private propertyper citationFirst citation = $100NANA First citation = $100NA12 Zoning Code Enforcement Administrative citationsDumping on public or private propertyper citationSecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NANASecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NA13 Zoning Code EnforcementAdministrative citationsFor all other violations of WCMC:per citationFirst citation = $100NANA First citation = $100NA14 Zoning Code Enforcement Administrative citations For all other violations of WCMC:per citationSecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NANASecond citation within one year = $ 200; Third citation within one year = $500. Late fee = 10% of fine.NA15Late payment penalty‐‐administrative citationLate payment penalty‐‐administrative citationAdditional 30% (penalty fee; per City's vendor, Turbo Data)NANAAdditional 30% (penalty fee; per City's vendor, Turbo Data)$0Parking and Vehicle Citations16Parking Enforcementper citationSB 857, the court's funding trailer bill to the State's FY 2010‐2011 budget, imposed a new $3 fee on all parking citations collected by local agencies to fund trial court operations. The fee became operative on 12‐7‐2010. The sunset date of 7‐1‐2013 was removed.NANASB 857, the court's funding trailer bill to the State's FY 2010‐2011 budget, imposed a new $3 fee on all parking citations collected by local agencies to fund trial court operations. The fee became operative on 12‐7‐2010. The sunset date of 7‐1‐2013 was removed.$017MC 15‐12: Vehicle on private propertyper citation*$65.00NANA$65.00$018MC 15‐13A: Vehicle for sale offstreet pkgper citation *$85.00NANA $85.00$019MC 15‐13B8: Vehicle for sale offstreet pkg presumption per citation *$85.00NANA $85.00$020MC 15‐14A1: Inop vehicle front yard or publicper citation *$130.00NANA $130.00$021MC 22‐9: No drv/park/stop City prop w/o permit per citation *$65.00NANA $65.00$022MC 22‐79 : No veh/ped on bike lanesper citation*$65.00NANA $65.00$023MC 22‐166: No stopping/pkg zone signsper citation *$65.00NANA $65.00$024MC 22‐168A: No stop/stand/park divisional island per citation *$60.00NANA $60.00$025MC 22‐168B: No stop/stand/park public walkway per citation *$65.00NANA $65.00$0City of West CovinaComprehensive User Fee Study41 III. Police# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ26MC 22‐168C: No stop/stand/park posted/painted per citation *$60.00NANA $60.00$027MC 22‐168E: No stop/stand/park fire/police station per citation *$85.00NANA $85.00$028MC 22‐168G: No stop/stand/park/25 ft stop/yellow per citation *$60.00NANA $60.00$029MC 22‐168H: No stop/stand/park/20 ft crosswalk per citation *$60.00NANA $60.00$030MC 22‐169A : No stop/stand/park within parkway per citation *$60.00NANA $60.00$031MC 22‐169B: No stop/stand/park within intersection per citation *$60.00NANA $60.00$032MC 22‐171: No stop/stand/park in bus zoneper citation *$60.00NANA $60.00$033MC 22‐172B: No pkg adjacent school propertyper citation *$60.00NANA $60.00$034MC 22‐173: Parking prohibited narrow streetper citation *$60.00NANA $60.00$035MC 22‐173B: No parking on narrow streetper citation *$60.00NANA $60.00$036MC 22‐174: No pkg certain day or hours posted per citation *$60.00NANA $60.00$037MC 22‐176: Curb zones & time limit parkingper citation*$60.00NANA $60.00$038MC 22‐176A: Loading zone yellow curbper citation *$60.00NANA $60.00$039MC 22‐176B: White curb marked pass only 3 min per citation *$60.00NANA $60.00$040MC 22‐176C:White curb marked mail drop only per citation *$60.00NANA $60.00$041MC 22‐176D : Green curb marked pass cars only per citation *$60.00NANA $60.00$042MC 22‐176E: No park/stand times posted signsper citation*$60.00NANA $60.00$043MC 22‐176F: Blue curb handicapped parking only per citation *$85.00NANA $350.00$26544MC 22‐178: No park/stand/stop load/unloadper citation *$60.00NANA $60.00$045MC 22‐179B: Must park within spaceper citation *$60.00NANA $60.00$046MC 22‐180: Must park parallel unless markedper citation *$60.00NANA $60.00$047MC 22‐181A: Diagonal parking within limitsper citation *$60.00NANA $60.00$048MC 22‐182A: Park lefthand curb unless sign pro per citation *$60.00NANA $60.00$049MC 22‐182B :No parking lefthand curbper citation *$65.00NANA $65.00$050MC 22‐183: No park selling/offering roadwayper citation *$65.00NANA $65.00$051MC 22‐183B: No washing/serv/repair on highway per citation *$65.00NANA $65.00$052MC 22‐183C: No selling on roadwayper citation *$65.00NANA $65.00$053MC 22‐184A: Parking of commercial veh/residential per citation*$65.00NANA $65.00$054MC 22‐185: Parking trailers, etc., prohibitedper citation *$65.00NANA $65.00$055MC 22‐186: No park unattended haz mat vehicle per citation *$65.00NANA $65.00$056MC 22‐188C: No parking posted firelane private property per citation *$75.00NANA $75.00$057MC 26‐392A: No parking/storing commercial vehicle residentialper citation *$220.00NANA $220.00$058MC 26‐392B: No park/store vehicle unpaved yardper citation*$60.00NANA$60.00$059MC 26‐581J: No parking commercial veh/outside sp com zoneper citation *$260.00NANA $260.00$060In designated Neighborhood Parking Protection Zones`(NPPZ) ‐‐per citationEnhanced Penalty Schedule under Neighborhood Parking Protection Zones ‐ approved by City Council on 9‐7‐2004, Resolution # 2004‐74.Double the regular rate of WCMC Section 22‐174.NANADouble the regular rate of WCMC Section 22‐174.NA61VC 5200: Must have 2 license platesper citation **$65.00NANA $65.00$062VC 5204: Must have current tab rear plateper citation **$108.00NANA $108.00$063VC 5204A: Must have current tabper citation **$108.00NANA $108.00$064VC 21113A: Parking on public groundsper citation **$60.00NANA $60.00$065VC 22500A: No park/stand/stop within intersection per citation **$65.00NANA$65.00$066VC 22500B : No park/stand/stop on crosswalkper citation **$65.00NANA $65.00$067VC 22500D: No park/stand/stop 15 ft fire station per citation **$65.00NANA $65.00$068VC 22500E: No park/stand/stop front driveway per citation **$65.00NANA $65.00$069VC 22500F: No park/stand/stop on sidewalkper citation **$65.00NANA $65.00$070VC 22500G: No park/stand/stop highway workper citation **$65.00NANA $65.00$071VC 22500H :No park/stand/stop on roadway side of parked vehicleper citation **$65.00NANA $65.00$072VC 22500I: No park/stand/stop marked bus stop per citation **$280.00NANA $280.00$073VC 22500J: No park/tube or tunnelper citation **$55.00NANA $55.00$074VC 22500K: No park/ upon a bridgeper citation **$55.00NANA $55.00$075VC 22500.1: No stop/stand/park firelaneper citation **$85.00NANA $85.00$076VC22502A: Must park within 18" from curbper citation **$60.00NANA $60.00$077VC 22507.8: No pkg stall/space disabled person per citation **$400.00NANA$400.00$078VC 22507.8C: Obstructing handicapped accessper citation **$195.00NANA $195.00$0City of West CovinaComprehensive User Fee Study42 III. Police# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ79V C22514: No park/stand/stop 15 ft fire hydrant per citation **$60.00NANA $60.00$080VC 22522: No park within 3 ft sidewalk acc ramp per citation **$75.00NANA $75.00$081Late payment penaltyper citation **$40 after 6 weeks from issuance dateNANA$40 after 21 days from issuance dateNA82Late payment penalty‐‐parking citationLate payment penalty‐‐parking citationAdditional 30% (penalty fee; per City's vendor, Turbo Data)NANAAdditional 30% (penalty fee; per City's vendor, Turbo Data)$0Administrative Penalties83Administrative Penalties: MC 15‐85 ‐ Loud and unnecessary noises prohibited generally`MC 15‐94 Radios, television sets, and similar devicesper citationFee established by City Resolution # 2008‐65 effective January 3, 2009:First offense ‐ $100NANA First offense ‐ $100$084Administrative Penalties: MC 15‐85 ‐ Loud and unnecessary noises prohibited generally`MC 15‐94 Radios, television sets, and similar devicesper citationFee established by City Resolution # 2008‐65 effective January 3, 2009:Second offense within one year ‐ $200NANASecond offense within one year ‐ $200$085Administrative Penalties: MC 15‐85 ‐ Loud and unnecessary noises prohibited generally`MC 15‐94 Radios, television sets, and similar devicesper citationFee established by City Resolution # 2008‐65 effective January 3, 2009:Third and subsequent citations within one year ‐ $500NANAThird and subsequent citations within one year ‐ $500$086Administrative Penalties: MC 15‐100 ‐ Prohibition against causing or attempting to cause graffiti MC 15‐101 (a) ‐ Selling or loaning implement used to cause graffiti MC 15‐102 ‐ Possession of graffiti implementper citationFee established by City Council under Resolution # 2008‐82 effective February 13, 2009: Parents or legal guardian of of juvenile offenders would be liable for administrative fine of $1,000 (maximum allowed by law).NANAFee established by City Council under Resolution # 2008‐82 effective February 13, 2009: Parents or legal guardian of of juvenile offenders would be liable for administrative fine of $1,000 (maximum allowed by law)$087Administrative Penalties: MC 15‐103 ‐ Removal of graffitiper citationFee established by City Council under Resolution # 2008‐82 effective February 13, 2009:Private and commercial property owners who refuse to clean up graffiti on their propeprty after written notice may be subject to administrative fine of $1,000.NANAFee established by City Council under Resolution # 2008‐82 effective February 13, 2009:Private and commercial property owners who refuse to clean up graffiti on their propeprty after written notice may be subject to administrative fine of $1,000.$0All Other Police Department Fees88 Civic Center parking feesPark and Ride (all day)per day$1.00NANA $1.00$089 Civic Center parking feesHourlyper hour$1.00 per hour, $5.00 Max (all day)NANA$1.00 per hour, $5.00 Max (all day)$090Police False Alarm Response (Sec 4.5‐7)1st to 3rd response in a 365 day periodper response$0.00NANA $0.00$091Police False Alarm Response (Sec 4.5‐7)4th to 6th false alarm in a 365‐day periodper response$126.00NANA $150.00$2492Police False Alarm Response (Sec 4.5‐7)7th and any subsequent false alarm in a 365‐ day period per responseactivation will be discontinued for 30 days for each successive false alarm received. Failure to pay wtihin 30 days ‐‐ cessation of police false alarm response to further activations.$152.00NANA $200.00 $4893 Multiple (Police) Responsesper responseParty ‐ $213 after first warning; Bar ‐ $213 after first warning286.89NA $250.00$3794Stored/Abandoned Vehicle Releaseper vehicle$178.00320.6438% $200.00$2295Clearance Letter Processingper letter$9.00$11.3312% $10.00$196Gun Permit ***per permit or the maximum allowed by law $1,000.00VariableNA $1,000.00$097 Alcoholic Beverage PermitPolice Dept‐ provide on‐site compliance inspection per permit$224.00$393.151% $390.00$16698DUI Accident Response InvestigationPolice Dept DUI accident feeper incidentallowed under California Government Code Sections 53155; cannot exceed $12,000$1,200.00VariableNA Actual Cost, up to $12,000 NA99 Jail Bookingper prisoner$78.00$206.6327% $150.00$72100Juvenile Detentionper Qtr Hr first hr free, billed per qtr hr after $19.00$43.2631% $30.00$11101Outside Service (fee for providing security at community events ‐ billed at Corporal rate)per hour ****$65.00$197.5165% $70.00$0102Supervisor for Outside Service (fee for supervisor for security at community events ‐ billed at Sergeant rate)per hour ****$75.00$224.6564% $80.00$0City of West CovinaComprehensive User Fee Study43 III. Police# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ103 Special Inspection ServiceForeclosed Properties Registration Fee Pursuant to Ordinance No. 2238per property annually$375.00Contractor CostNA $375.00 $0104Police Crime Report Reproductionper pageIf Crime Report Is Over 5 Years Old, Add Actual Cost Of Retrieval From Private Storage Facility.$0.25 per page or the maximum allowed by Public Records Act.$0.25NA$0.25 per page or the maximum allowed by Public Records Act.$0105Police Media Reproductioneach$26.00$38.589% $35.00$9Notes:1. The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year.*The fee schedule below will recoup the State surcharge and administrative costs incurred by the City.**Fines may be subject to change in conformance with Uniform Bail and Penalty Schedules that may be adopted by the Judicial Council of California.*** All CCW Licenses are processed through the L.A. County Sheriff's Department**** The City reservces the right to fulfill service requests based on personnel availability and qualifications for the level of service requestedCity of West CovinaComprehensive User Fee Study44 IV. Fire# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee ΔFire ‐ Administration1Fire False Alarm Response 1st and 2nd time (within a calendar year) per incident $0.00NANA $0.00 $02Fire False Alarm Response 3rd and 4th time (within a calendar year) per incident $409.00$409.940% $409.00 $03Fire False Alarm Response 5th and 6th time (within a calendar year) per incident $818.00$819.890% $819.00 $14Fire False Alarm Response 7 or more times (within a calendar year) per incident $1,636.00$1,639.780% $1,639.00 $35 Miscellaneous Fire Incident and/or EMS Report Copyingper report$13 or maximum allowed by Public Records ActVariableNA $20.00NAFire ‐ Plan Check6Fire Plan Check Application Fee$100.00$99.710% $99.00‐$17Fire Plan Check (Expedited) Expedite Fee$100.00$99.860% $99.00 $08Fire Reinspection Non‐Compliance / ReinspectionsNon Compliance ‐ failure to comply with orders, tags, or notices$550.00NANA $550.00$09Fire Plan Check ReviewFlammable Liquid Storage Underground tank installationper tank Plus consultants' fees$450.00$406.540% $406.00‐$4410 Fire Plan Check ReviewFlammable Liquid Storage Above‐ground tank installationper tank Plus consultants' fees$450.00$406.540%$406.00‐$4411 Fire Plan Check ReviewFlammable Liquid Storage Under‐ground tank removalper tank Plus consultants' fees$450.00$406.540% $406.00‐$4412 Fire Plan Check ReviewFlammable Liquid Storage Above‐ground tank removalper tank Plus consultants' fees$450.00$406.540% $406.00‐$4413 Fire Plan Check ReviewFlammable Liquid Storage Vapor recovery modificationsper recovery Plus consultants' fees$100.00$135.510% $135.00$3514 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)High piled storage (for storage rack plan) ‐ exceeding 500 sq ftper plan$250.00$338.790% $338.00$8815Fire Alarm System Plan Check / Inspection FeesFire AlarmFire alarm systems ‐‐ (with FACP) ‐‐ base feeper submittal Plus consultants' fees$400.00$542.060% $542.00$14216Fire Alarm System Plan Check / Inspection FeesFire AlarmAdditional devicesper add'l devicePlus consultants' fees$25.00$33.883% $33.00$817Fire Alarm System Plan Check / Inspection FeesFire AlarmModifications to existing systemsper submittal Plus consultants' fees$150.00$271.030% $271.00$12118Fire Suppression Plan Check / InspectionFire Sprinkler SystemsOH sprinklers (residential) ‐ unlimited headsper system Plus consultants' fees$350.00$338.790% $338.00‐$1219Fire Suppression Plan Check / InspectionFire Sprinkler SystemsOH sprinklers (commercial) ‐ New construction and T.I.'s: Up to 50 headsper system Plus consultants' fees$350.00$338.790% $338.00‐$1220Fire Suppression Plan Check / InspectionFire Sprinkler SystemsOH sprinklers (commercial) ‐ New construction and T.I.'s: 51 to 100 headsper system Plus consultants' fees$475.00$542.060% $542.00$6721Fire Suppression Plan Check / InspectionFire Sprinkler SystemsOH sprinklers (commercial) ‐ New construction and T.I.'s: 101 to 250 headsper system Plus consultants' fees$675.00$677.570% $677.00$222Fire Suppression Plan Check / InspectionFire Sprinkler SystemsOH sprinklers (commercial) ‐ New construction and T.I.'s: more than 250 headsper system Plus consultants' fees$975.00$813.080% $813.00‐$16223Fire Suppression Plan Check / InspectionFire Sprinkler SystemsUnderground Fire Service Supply: Private fire hydrants & fire line (per detector check connection)per system Plus consultants' fees$500.00$677.570% $677.00$17724Fire Suppression Plan Check / InspectionFire Sprinkler SystemsFire standpipe System/Hose Stations: Class I, II, III and Article 81 (per system/station)per system Plus consultants' fees$300.00$474.300% $474.00$17425Fire Suppression Plan Check / InspectionFire Sprinkler SystemsAutomatic Fixed Extinguising Systems: Kitchen hood suppression system (wet chemical)per system Plus consultants' fees$300.00$338.790%$338.00$3826Fire Suppression Plan Check / InspectionFire Sprinkler SystemsAutomatic Fixed Extinguising Systems: FM 200 system, Energen, etc.per system Plus consultants' fees $200.00$474.300% $474.00 $27427Fire Suppression Plan Check / InspectionFire Sprinkler SystemsFire pumps: Diesel pumpsper pump Plus consultants' fees$300.00$406.540% $406.00$10628Fire Suppression Plan Check / InspectionFire Sprinkler SystemsFire pumps: Electric pumpsper pump Plus consultants' fees$300.00$406.540% $406.00$10629Fire Suppression Plan Check / InspectionFire Sprinkler SystemsWater Storage Tanks: Gravity tankper tank Plus consultants' fees$250.00$271.030% $271.00$2130Fire Suppression Plan Check / InspectionFire Sprinkler SystemsWater Storage Tanks: Pressure tankper tank Plus consultants' fees$250.00$271.030% $271.00$2131Fire Suppression Plan Check / InspectionFire Sprinkler Systems5‐ year Certification test on sprinkler systemsper hour 1 hr minimum$100.00$135.510% $135.00NA32 Private Fire Protection System TestingSmoke testper test$100.00$135.510% $135.00NA33 Private Fire Protection System TestingHydrant flow testper test$100.00$135.510% $135.00NACity of West CovinaComprehensive User Fee Study45 IV. Fire# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee ΔFire ‐ Archtectural Plan Check34 Architectural Plan Check Review Architectural Plan Check Review% of building permit feeMinimum $25; includes 2 inspections10%$0.000%10% of building permit fee$035 Architectural Plan Check Application Fee$100.00$99.710% $99.00‐$136 Architectural Plan Check (Expedited) Expedite Fee$100.00$99.860% $99.00‐$137 Fire Reinspection Non‐Compliance / ReinspectionsNon Compliance ‐ failure to comply with orders, tags, or notices$550.00NANA $550.00 $0Fire ‐ State Mandated Inspection Fees38 Fire Code Enforcement Inspection State‐Mandated Inspection License inspection (Adult or Child)per license$200.00$203.270% $203.00$339 Fire Code Enforcement Inspection State‐Mandated Inspection Day care ‐ commercial (Adult or Child)each$450.00$338.790% $338.00‐$11240 Fire Code Enforcement Inspection State‐Mandated Inspection Day care ‐ residential (Adult or Child)each$100.00$135.510% $135.00$3541 Fire Code Enforcement Inspection State‐Mandated Inspection Convalescent hospitaleach$500.00$542.060% $542.00$4242 Fire Code Enforcement Inspection State‐Mandated Inspection Hospitalseach$2,000.00$1,016.360% $1,016.00‐$98443 Fire Code Enforcement Inspection State‐Mandated Inspection Medical facilityeach$500.00$542.060% $542.00$4244 Fire Code Enforcement Inspection State‐Mandated Inspection High rise (up to 6th floor)each$1,600.00$1,016.360% $1,016.00‐$58445 Fire Code Enforcement Inspection State‐Mandated Inspection High rise (per floor above 6th floor)per floor$75.00$271.030% $271.00$19646 Fire Code Enforcement Inspection State‐Mandated Inspection Hotels, motels, apartment houses (R‐1): up to 20 units$200.00$327.960% $327.00$12747 Fire Code Enforcement Inspection State‐Mandated Inspection Hotels, motels, apartment houses (R‐1): 21 to 40 units$400.00$409.940% $409.00$948 Fire Code Enforcement Inspection State‐Mandated Inspection Hotels, motels, apartment houses (R‐1): 41 to 60 units$500.00$491.930% $491.00‐$949 Fire Code Enforcement Inspection State‐Mandated Inspection Hotels, motels, apartment houses (R‐1): over 60 units$600.00$573.920% $573.00‐$2750 Fire Code Enforcement Inspection State‐Mandated Inspection Schools ‐ publiceachNo charge to schoolsNANA No charge to schools $051 Fire Code Enfocement Inspection State‐Manadated Inspection Schools ‐ privateeachNo charge to schoolsNANA No charge to schools $0Fire ‐ Events Permits52 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Asbestos removal: up to 20,000 sq ft each $200.00$327.960% $327.00 $12753 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Asbestos removal: over $20,000 sq ft each $225.00$409.940% $409.00 $18454 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Bowling pin or alley refinishingannually$325.00$327.960%$327.00$255Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Candles & open flames in assembly areaseach$100.00$163.981% $163.00$6356 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Carnivals and fairs: Up to 10 concession standseachNew$199.660% $199.00$057 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Carnivals and fairs: More than 10 concession stands eachNew$299.490% $299.00$058 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Christmas tree lots and pumpkin patcheseach$213.00$245.970% $245.00$3259 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Exhibits and trade showseach$200.00$245.970% $245.00$4560 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Explosives or blasting agentseach$250.00$245.970% $245.00‐$561 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Fire hydrant use & water control valveseach$50.00$163.981% $163.00$11362 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Fire hydrant ‐ removal from serviceeach$100.00$163.981% $163.00$6363 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Fireworks display: Up to 115 deviceseachPlus cost of applicable Fire Personnel Stand‐by Fees$300.00$271.030% $271.00‐$2964 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Fireworks display: More than 115 deviceseachPlus cost of applicable Fire Personnel Stand‐by Fees$600.00$338.790% $338.00‐$26265 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Liquid/ gas fueled vehicles or equipment in assembly areas each$200.00$163.981% $163.00‐$3766 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Occupant load increaseeach$240.00$203.270% $203.00‐$3767 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Open pit barbecues/recreational fires/open burning each$50.00$135.510% $135.00$85City of West CovinaComprehensive User Fee Study46 IV. Fire# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ68 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Parade floats each $100.00$135.510% $135.00 $3569 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Production facilities ‐ film permit eachPlus cost of applicable Fire Personnel Stand‐by Fees$300.00$299.490% $299.00‐$170 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Pyrotechnical special effects materialeachPlus cost of applicable Fire Personnel Stand‐by Fees$150.00$271.030% $271.00$12171 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Special eventseach$250.00$299.490% $299.00$4972 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Tents, canopies & temp membrane structureseach$200.00$135.510% $135.00‐$65Fire ‐ Annual Operational Permits73 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Aerosol products annually $300.00$327.960% $327.00 $2774 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Battery system annually $275.00$245.970% $245.00‐$3075 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Combustible fiber storage handling annually $275.00$327.960% $327.00 $5276 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Combustible material storageannually$300.00$327.960% $327.00$2777 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Combustible rubbish handling operationannually$225.00$327.960% $327.00$10278 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Compressed gases / medical gas systemsannually$400.00$327.960% $327.00‐$7379 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Cryogensannually$300.00$327.960% $327.00$2780 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Dry cleaning plantsannually$250.00$327.960% $327.00$7781 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Dust collection systems/producing operationsannually$250.00$327.960% $327.00$7782 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Flammable or combustible liquidsannually$225.00$327.960% $327.00$10283 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Garages ‐ repairannually$300.00$245.970%$245.00‐$5584Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Hazardous production materialsannually$300.00$327.960% $327.00$2785 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)High piled combustible storageannually$250.00$327.960% $327.00$7786 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Liquid / gas fueled equipment (generator)annually$150.00$163.981% $163.00$1387 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Liquefied petroleum gas storageannually$150.00$163.981% $163.00$1388 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Lumber yardsannually$200.00$327.960% $327.00$12789 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Magnesium workingannually$125.00$327.960% $327.00$20290 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Malls/kiosks/concessions (assembly‐vehicle display) annually$200.00$163.981% $163.00‐$3791Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Malls/Carts/concessions annually$200.00$109.320% $109.00‐$9192 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Motor vehicle fuel dispensing stationannually$200.00$163.981% $163.00‐$3793 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Organic coatingsannually$225.00$327.960% $327.00$10294 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Oven, industrial baking & dryingannually$125.00$327.960% $327.00$20295 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Places of assembly ‐ 50 or more occupantsannually$300.00$327.960% $327.00$2796 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Radioactive materialsannually$175.00$327.960% $327.00$15297 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Refrigeration equipment (commercial)annually$200.00$163.981%$163.00‐$3798Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Spraying or dippingannually$200.00$327.960% $327.00$12799 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Tire storageannually$175.00$327.960% $327.00$152100 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Waste material handling plantannually$250.00$327.960% $327.00$77City of West CovinaComprehensive User Fee Study47 IV. Fire# Fee GroupFee Group 2Fee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ101 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Welding and cutting operations annually $100.00$327.960% $327.00 $227102 Fire Code Enforcement InspectionFire Code Permit Review (Sec 10‐27)Wood products storage annually $200.00$327.960% $327.00 $127Fire ‐ Stand‐by Fees103 Fire Company Stand‐By Fire Chief per hour $191.00$352.460% $352.00 $161104 Fire Company Stand‐By Assistant Fire Chief per hour New$181.961% $181.00 NA105 Fire Company Stand‐By Engine company per hour $415.00$491.930% $491.00 $76107 Fire Company Stand‐By Truck company (3‐ person) per hour $415.00$491.930% $491.00 $76108 Fire Company Stand‐By Paramedic (two) per hour $258.00$327.960% $327.00 $69109 Fire Company Stand‐By Fire prevention per hour $150.00$271.030% $271.00 $121Fire ‐ Emergency Medical Service Fees110 Emergency Medical Service Basic Life Support (BLS): non‐emergency responseBased on LA County Ambulance Rates.NewNANA$1,183.00, subject to change.NA111 Emergency Medical Service Basic Life Support (BLS): emergency responseBased on LA County Ambulance Rates.L.A. County rate. $1,033.50, subject to change.NANA$1,268.00, subject to change.NA112 Emergency Medical Service Advanced Life Support (ALS): non‐emergency responseBased on LA County Ambulance Rates.NewNANA$1,776.00, subject to change.NA113 Emergency Medical Service Advanced Life Support (ALS): emergency responseBased on LA County Ambulance Rates.L.A. County rate. $1,444.75, subject to change.NANA$1,900.00, subject to change.NA114 Emergency Medical Service Mileage rate ‐ each mile or fraction thereof per mileBased on LA County Ambulance Rates.L.A. County rate. $19.00 each mile or fraction thereof, subject to change.NANA$18.00 each mile or fraction thereof, subject to change.NA115 Emergency Medical Service Oxygen per tankBased on LA County Ambulance Rates.L.A. County rate. $65.75 , subject to change.NANA$92.00 , subject to change.NA116 Emergency Medical Service Disposal Medical suppliesBased on LA County Ambulance Rates.Actual cost plus 12% administrative feeNANA$27.00, subject to change.NA117 Emergency Medical Service Night (request for service after 7pm and before 7am)Based on LA County Ambulance Rates.NewNANA$20.00, subject to change.NA118 Emergency Medical Service Voluntary Ambulance Subscription Programper year per household$70.00NANA $70.00 $0Fire ‐ Miscellaneous Fire Fees119Fire Emergency Response EMS Assessment Feeper incidentNew$289.970% $289.00NA120Fire Emergency Response EMS Medical Facility Feeper incidentNew$289.970% $289.00NA121 DUI Accident Response InvestigationFire Dept ‐ special service DUI accidentper incidentallowed under California Government Code Sections 53155; cannot exceed $12,000$1,200.00VariableNAActual Cost, up to $12,000NA122Emergency Responder Radio Coverage System Plus consultants' feeNew$271.030% $271.00NA123Hazardous Materials Clean‐Upper incidentPlus cost of applicable Fire Personnel Stand‐by FeesActual cost of clean ‐ upVariableNA Actual cost of clean ‐ up NA124Weed AbatementActual cost of property clean up‐plus 130% administrative feeVariableNAActual cost of property clean up‐plus 130% administrative fee$0125As‐needed fire inspectionper houradditional inspection for insurance purposes, etc.New$135.510% $135.00NANotes:1. The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year.City of West CovinaComprehensive User Fee Study48 VI. Finance and Administrative Services# Fee GroupFee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee ΔFinance Fees1Returned Check (NSF) Processing (Sec 2‐5)per checkFor first check, $35 for susequent returned checks$25.00NANA $25.00$02Late Payment Feeper transactionNew$17.995% $17.00NA3Collection Agency Feeper transaction3rd Party Pass‐thru NewVariable0% Actual CostNA4Service Feeper credit / debit card transactionNewVariable0% 2%NA5New/Changed Business License Application Review (Sec 14‐44)Fee to recover cost of reviewing business license applicationsper application3rd Party Pass‐thru $45.00NANA Actual CostNA6New/Changed Business License Application Review (Sec 14‐44)State Fee ‐ per business license application or renewalper business licenseper SB 1186$1.00NANA $1.00$07Home occupation revieweach$22.00$10.575% $10.00‐$128 Special Business License Regulation* Bingo permit(Sec 5‐41)per year$55.00$26.331% $26.00‐$299 Special Business License Regulation* Solicitation permit ‐ First Timeper year$45.00$52.651% $52.00$710 Special Business License Regulation* Solicitation permit ‐ Renewalper year$23.00$39.491% $39.00$1611 Special Business License Regulation* Games of skill or science permit(sec 5‐84)per game per yearMaximum of 3 games without an unclassified use permit. Game can be video, coin operated pool table, etc.$45.00$52.651% $52.00$712 Special Business License Regulation* Hypnotist permitper year Includes Public Safety Cost $135.00$123.921% $123.00‐$1213 Special Business License Regulation* Fortune teller permitper year Includes Public Safety Cost $135.00$150.240% $150.00$1514 Special Business License Regulation* Massage therapist permit ‐ First Timeper yearIncludes Public Safety Cost $135.00$150.240% $150.00$1515 Special Business License Regulation* Massage therapist permit ‐ Renewalper year Includes Public Safety Cost $67.00$137.080% $137.00$7016 Special Business License Regulation*Massage Establishment Owner permit (NEW) Applies to owners of massage establishments who: a) do not provide massage services themselves; and b) are not certified by the California Massage Therapy Council (CMATC). City is allowed to perform background check and issue permit.per year Includes Public Safety Cost $135.00$150.240% $150.00 $1517 Special Business License Regulation* Mobile Food Vendor permitper year$60.00$32.502% $32.00‐$2818 Special Business License Regulation* Adult Oriented Business Performer Review/Renewal Fee per yearDoesn’t include cost of photos or fingerprints$140.00$107.450% $107.00‐$33City Clerk Fees19 Copying of recordsXerox ‐ black and whiteper page city to provide cost$0.25Variable0% $0.25$020 Copying of recordsXerox ‐ colorper page city to provide cost$0.60Variable0% $0.60$021Copies ‐ under Fair Political Practices Commission (FPPC) per page$0.10NANA $0.10$022 Copying of recordsCompact disceach$15.00$5.000% $5.00‐$1023Dubbing of video tapesper tape/DVD$30.00$30.000% $30.00$024 Citywide Reproduction fees Microfilmeach minimum $11$2.00Variable0% $2.00$0City of West CovinaComprehensive User Fee Study49 VI. Finance and Administrative Services# Fee GroupFee DescriptionUnit NoteCurrent FeeFull Cost Subsidy % Suggested FeeFee Δ25Municipal code bookseachFull cost to the extent allowed by Public Records ActVariable0%Full cost to the extent allowed by Public Records Act$026Notary feeper signature set by stateNewNANA $15.00NA27Document CertificationeachNew$36.4031% $25.00NA28Document Certification ‐ Non‐ResidenteachNew$36.404% $35.00NA29Life VerificationeachNew$54.6054% $25.00NA30Life Verification ‐ Non ResidenteachNew$54.608% $50.00NA31Records Research Serviceper requestFull cost to the extent allowed by Public Records ActVariableNAFull cost to the extent allowed by Public Records Act$032Document Printing & CopyingeachFull cost to the extent allowed by Public Records Act.Variable0%Full cost to the extent allowed by Public Records Act.$033Subpoena Fee for Documentsper service set by state and federal$15.00NANA $15.00$034Subpoena Fee for Witnessesper personset by state and federalNewNANA $275.00NA35Passport Application Acceptance Facility ServiceExecution of passport applicationeach set by U.S. Department of State $25.00NANA $25.00$036Passport Application Acceptance Facility ServiceOvernight delivery to processing centereachCurrent Express Mail cost per USPSVariable0%Current Express Mail cost per USPS$037Passport Application Acceptance Facility ServiceOvernight delivery from processing centereachCurrent Express Mail cost per USPSVariable0%Current Express Mail cost per USPS$038Passport Application Acceptance Facility ServicePassport photos ‐ set of 2per set$12.00$18.2018% $15.00 $3Animal License/Control Fees39 Animal License / Control (Sec 6‐38)* Dog license: Licensing fee: Unaltered dogper year$60.00ContractedNA $60.00$040 Animal License / Control (Sec 6‐38)* Dog license: Alteredper year$22.00ContractedNA $22.00$041 Animal License / Control (Sec 6‐38)* Dog license: ‐ Senior Rate for altered dogsper yearSenior citizen discount criteria ‐ 60 years of age or older, with a spayed or neutered pet. One discount per home.$10.00ContractedNA $10.00 $042 Animal License / Control (Sec 6‐38)* Dog license: Late Fee:Senior citizenper license1/2 of license feeContractedNA 1/2 of license fee $043 Animal License / Control (Sec 6‐38)* Dog license: All othersper license (in addition to the license itself) Equal to one year licenseContractedNAEqual to one year license$044 Animal License / Control (Sec 6‐38)* Cat license ‐ voluntary ‐ alteredper year $20 late fee$5.00ContractedNA $5.00$045 Animal License / Control (Sec 6‐38)* Cat license ‐ voluntary ‐ unalteredper year $20 late fee$10.00ContractedNA $10.00$0Notes:1. The FBHR is the fully burdened hourly rate of a position that includes the salary, benefits, and applicable overhead (for operational and administrative support), divided by the number of productive hours in a year.2. Any single purchase of any item of reproduction shall have a minimum cost of $11, except photocopies* Done by Los Angeles County Dept. of Animal Care and ControlCity of West CovinaComprehensive User Fee Study50 V.Recreation and Community Services *Key Services provided by City: **Facility and Park Shelter RentalsLicensed Daycare and Preschool ProgramsRecreation Contract ClassesSpecial EventsAquatics Program (swim team and swimming lessons)Transit Services (Dial‐A‐Ride, Shuttle)Senior Meal ProgramExcursion ProgramRecreation Sports LeaguesA 3% administrative fee is charged on each transaction to recover a portion of cost related to the organization or programs and processing of requests. ***Notes:*Service offerings and fees for the above can be found in the current publication of the City of West Covina Community Recreation Guide.** The services listed are subject to the following:‐‐‐‐‐***The administrative fee is charged on each transaction to recover a portion of costs related to the organization or programs and processing of requests.Charges for services provided by or requested of the City will be determined by staff based on the full cost of staff, or a market determination for facility use.SPORTS COUNCIL MEMBER youth teams are exempt based on in‐kind maintenance services they provide throughout the year.Security, chemical toilets, trash receptacle services may be required at participant's expense.Fee waivers are not permitted on facility rentals between the peak hours of Friday at 5:00 p.m. through Sunday at 10:00 p.m. This policy applies to facility rentals only. Park fee waivers will still be available with City Manager or City Council approval.Because Sports Council leagues do not pay for athletic fields, lights or gym usage, there is currently no consequence for non‐compliance. A fine penalizing leagues that fail to comply provides a method for securing the required documentation.City of West CovinaComprehensive User Fee Study51 Building Valuation Data – FEBRUARY 2017 The International Code Council is pleased to provide the following Building Valuation Data (BVD) for its members. The BVD will be updated at six-month intervals, with the next update in August 2017. ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their current code enforcement related activities. The BVD table provides the “average” construction costs per square foot, which can be used in determining permit fees for a jurisdiction. Permit fee schedules are addressed in Section 109.2 of the 2015 International Building Code (IBC) whereas Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a Permit Fee Multiplier, which is based on the total construction value within the jurisdiction for the past year. The Square Foot Construction Cost table presents factors that reflect relative value of one construction classification/occupancy group to another so that more expensive construction is assessed greater permit fees than less expensive construction. ICC has developed this data to aid jurisdictions in determining permit fees. It is important to note that while this BVD table does determine an estimated value of a building (i.e., Gross Area x Square Foot Construction Cost), this data is only intended to assist jurisdictions in determining their permit fees. This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not representative of specific construction. This degree of precision is sufficient for the intended purpose, which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a particular job and other associated factors do not affect the value of a building for determining the permit fee. Whether a specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because the cost of related code enforcement activities is not directly affected by the bid process and results. Building Valuation The following building valuation data represents average valuations for most buildings. In conjunction with IBC Section 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it should be noted that, when using this data, these are “average” costs based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As such, the use of Regional Cost Modifiers is subject to the authority having jurisdiction. Permit Fee Multiplier Determine the Permit Fee Multiplier: 1. Based on historical records, determine the total annual construction value which has occurred within the jurisdiction for the past year. 2. Determine the percentage (%) of the building department budget expected to be provided by building permit revenue. 3. Example The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees. The total annual construction value which occurred within the jurisdiction in the previous year is $30,000,000. Permit Fee The permit fee is determined using the building gross area, the Square Foot Construction Cost and the Permit Fee Multiplier. Permit Fee = Gross Area x Square Foot Construction Cost X Permit Fee Multiplier Example Type of Construction: IIB Area: 1st story = 8,000 sq. ft. 2nd story = 8,000 sq. ft. Height: 2 stories Permit Fee Multiplier = 0.0075 Use Group: B 1. Gross area: Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft. 2. Square Foot Construction Cost: B/IIB = $161.91/sq. ft. 3. Permit Fee: Business = 16,000 sq. ft. x $161.91/sq. ft x 0.0075 = $19,429 Bldg. Dept. Budget x (%) Total Annual Construction Value Permit Fee Multiplier = $300,000 x 75% $30,000,000 Permit Fee Multiplier = = 0.0075 Important Points • The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a given time period (1 year) is the sum of each building’s value (Gross Area x Square Foot Construction Cost) for that time period (e.g., 1 year). • The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, c Group (2015 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 229.26 221.37 216.01 207.16 194.94 189.29 200.61 178.00 171.48 A-1 Assembly, theaters, without stage 210.11 202.22 196.86 188.01 175.94 170.29 181.46 158.99 152.48 A-2 Assembly, nightclubs 179.28 174.08 169.68 162.81 153.48 149.24 157.08 138.97 134.26 A-2 Assembly, restaurants, bars, banquet halls 178.28 173.08 167.68 161.81 151.48 148.24 156.08 136.97 133.26 A-3 Assembly, churches 212.12 204.22 198.87 190.01 178.14 172.49 183.47 161.20 154.68 A-3 Assembly, general, community halls, libraries, museums 176.94 169.04 162.69 154.83 141.96 137.30 148.28 125.01 119.50 A-4 Assembly, arenas 209.11 201.22 194.86 187.01 173.94 169.29 180.46 156.99 151.48 B Business 182.98 176.21 170.40 161.91 147.69 142.14 155.55 129.66 123.97 E Educational 194.27 187.38 182.00 173.88 162.37 154.12 167.88 141.89 137.57 F-1 Factory and industrial, moderate hazard 109.64 104.60 98.57 94.77 85.03 81.17 90.78 71.30 66.75 F-2 Factory and industrial, low hazard 108.64 103.60 98.57 93.77 85.03 80.17 89.78 71.30 65.75 H-1 High Hazard, explosives 102.63 97.58 92.55 87.75 79.22 74.36 83.76 65.48 N.P. H234 High Hazard 102.63 97.58 92.55 87.75 79.22 74.36 83.76 65.48 59.94 H-5 HPM 182.98 176.21 170.40 161.91 147.69 142.14 155.55 129.66 123.97 I-1 Institutional, supervised environment 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19 I-2 Institutional, hospitals 307.93 301.16 295.35 286.86 271.68 N.P. 280.50 253.65 N.P. I-2 Institutional, nursing homes 213.36 206.59 200.78 192.29 179.07 N.P. 185.93 161.04 N.P. I-3 Institutional, restrained 208.19 201.43 195.62 187.12 174.39 167.85 180.76 156.37 148.68 I-4 Institutional, day care facilities 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19 M Mercantile 133.57 128.37 122.97 117.10 107.27 104.03 111.38 92.75 89.05 R-1 Residential, hotels 185.63 179.39 174.24 166.97 153.72 149.58 167.06 137.86 133.61 R-2 Residential, multiple family 155.74 149.50 144.35 137.09 124.57 120.43 137.17 108.71 104.47 R-3 Residential, one- and two-family d 145.23 141.28 137.64 134.18 129.27 125.87 131.94 120.96 113.85 R-4 Residential, care/assisted living facilities 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19 S-1 Storage, moderate hazard 101.63 96.58 90.55 86.75 77.22 73.36 82.76 63.48 58.94 S-2 Storage, low hazard 100.63 95.58 90.55 85.75 77.22 72.36 81.76 63.48 57.94 U Utility, miscellaneous 78.63 74.24 69.76 66.20 59.84 55.88 63.23 47.31 45.09 a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct 20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $21.00 per sq. ft. DATE: April 18, 2017 TO: AGENDA ITEMNO. 13 AGENDA STAFF REPORT City of West Covina I Office of the City Manager FROM: Mayor and City Council Chris Freeland City Manager BY: Jeff Anderson Planning Director SUBJECT: CODE AMENDMENT NO. 17-01 ACCESSORY DWELLING UNITS (SECOND DWELLING UNITS) GENERAL EXEMPTION RECOMMENDATION: It is Planning Commission and staffs recommendation that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 2316 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 17-01, RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND DWELLING UNITS) BACKGROUND: The California State Legislature passed two bills in 2016 that took effect on January 1, 2017, that regulate how cities can address second units. The legislation includes Senate Bill 1069 (SB 1069) and Assembly Bill 2299 (AB 2299). The bills render provisions of any city's second unit standards null and void if they conflict with the new standards. In addition, the bills replace the term "second unit" with "accessory dwelling unit". It is therefore incumbent on the City to address any necessary changes to the Municipal Code as soon as possible. Code Amendment No. 17-01 Accessory Dwelling Units Page2of6-April 18,2017 In addition, the State passed an additional bill, Assembly Bill 2406 (AB 2406), that allows cities to adopt an ordinance allowing Junior Accessory Dwelling Units (JADU). A JADU would allow a separate unit within a residence that is no greater than 500 square feet. Cities have discretion over whether they would like to adopt standards allowing JADU's. Municipal Code Requirements The City recently modified the standards for second dwelling units (sometimes referred to as "granny flats") in 2015 and for accessory living quarters (previously guest houses) in 2014. The Municipal Code currently requires the approval of a Second Dwelling Unit Review application, which is reviewed by staff with no notification to owners and occupants. Second dwelling units currently require the following development standards (WCMC Article XII, Division 11 ): • Minimum of 500 square feet and maximum of 640 square feet. • Require 1 covered parking space per bedroom. • 25-foot separation between second unit and primary imit. • Comply with 25-foot rear setback. • A minimum site size 6,000 square feet larger than the minimum lot size for the area district. • Second dwelling units must be behind the primary dwelling unit. • Property owner must live in primary or second dwelling imit. • Second unit must be architecturally compatible with primary unit. • No windows allowed when along a side property line if closer than 10 feet. Accessory Living Quarters (ALQ) currently require the approval of an administrative use permit, allowing for staff-level review with notification of the properties within 300 feet of the subject property. The two new bills do not directly affect the standards for accessory living quarters as they are not required by State law as second dwelling imits are. However, because the name is very similar to the new State terminology for second dwelling units, it is easy to confose the standards for the two, and it is important to be able to make a distinction between the two. Accessory Living Quarters currently require the following development standards (WCMC Article VIII, 26-391.5): • Maximum of 640 square feet. • Require 1 covered parking space. • 25-foot separation between second imit and primary unit. • Comply with 25-foot rear setback. • ALQ must be behind the primary dwelling unit. • ALQ must be architecturally compatible with primary unit. • No windows allowed when along a side property line if closer than 10 feet. The State is requiring cities to modify their standards, as California's housing production is not keeping pace with housing demand, thus affecting the affordability of housing costs. The State has expressed the reasons for the legislation stating the following: Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\CC Hearing\StaffReport.docx Code Amendment No. 17-01 Accessory Dwelling Units Page3 of6-April 18,2017 "ADU's (Accessory Dwelling Units) offer benefits that address common development barriers such as affordability and environmental quality. ADU's are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADU's are built with cost-effective one-or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADU's can provide as much living space as the new apartments and condominimns being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors." On January 24, 2017, the Planning Commission initiated a code amendment to consider modifying the standards for second dwelling units and the terminology for accessory living quarters. On February 28, 2017, the Planning Commission held a study session to review the changes to state requirements, recommendations, and alternatives. The Planning Commission directed staff to prepare a code amendment with the desired recommendations. Based on City Council direction, notification was provided to four individuals that had expressed interest when the second dwelling 1mit standards were last revised in 2015. A notice was also published in the newspaper on Thursday, April 6, 2017. DISCUSSION: The Second Dwelling Unit Code section has been in the Municipal Code since 1983. It was last modified in 2015 due to changes to State law at that time. The main changes that occurred in 2015 were that the requirement for a conditional use permit was removed (State law requires second dwelling 1mits be allowed by right) and a requirement that second units be located behind the primary dwelling unit was added. Recommended Code Amendment To meet the new requirements of SB 1069 and AB 2299, the Planning Commission held a study session on February 28, 2017. Based on the Commission recommendation, City staff prepared a code amendment that does the following: 1. Change the name for Second Dwelling Units to Accessory Dwelling Units, to be consistent with State law and terminology. Currently the Mtmicipal Code uses terminology of "Second Dwelling Unit". 2. Off-street parking requirements. The Municipal Code currently requires one covered parking space per bedroom. The new State regtilations do not allow a city to require covered parking Z:\Case Files\CODE AMEND\2017\17-01 ADU.Second Units\CC Hearing\StaffReport.docx Code Amendment No. 17-01 Accessory Dwelling Units Page 4 of 6-April 18, 2017 spaces for second dwelling units. However, they do allow cities to require uncovered parking spaces, except under the following circumstances, in which case no parking may be required. (1) The accessory dwelling unit is located within one-half mile of public transit (Using city streets, from the ADU, a person would have to walk no more than half a mile distance to a bus stop or train station). (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. ( 4) When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle (i.e. Zipcar) located within one block of the accessory dwelling unit. The draft code amendment would require one uncovered parking space except when one of the above exceptions is found. 3. Converting existing structures. The State regulations require that a city allow a second dwelling unit to be created from an existing portion of the primary house or the conversion of an existing permitted accessory building ( excluding garages). When an existing permitted accessory building is converted, minimum setbacks cannot be required. The accessory building must be allowed to be converted where it is located. It should be noted that converting the required garage for the primary unit will still require the construction of a new garage and the design of the second dwelling unit would need to match the primary unit. 4. The current minimum square footage for an accessory dwelling unit is 500 square feet, State law requires the allowance of efficiency units that could be as small as 70 square feet. The proposed change would state that units must comply with the minimum unit size requirements of the California Building Standards Code. 5. The current maximum size for an accessory dwelling unit is 640 square foot and the City Attorney's Office is recommending increasing that to 800 square feet to be more defensible based on the State requirements. 6. Currently the Mtmicipal Code is silent on the number of bedrooms allowed but does require one covered parking space per bedroom. Because the City can no longer require additional parking spaces in most cases, one method to reduce potential parking issues is by limiting the number of bedrooms. Based on the concept of increasing the maximum unit size from 640 square feet to 800 square feet, the proposed Code Amendment limits the number of bedrooms to two. 7. The current Municipal Code states that an attached accessory dwelling unit is limited to 30 percent of the primary unit dwelling area and State law requires that it is limited to 50 percent of the primary unit dwelling area. The proposed Code Amendment includes that change. Z:\Case Files\CODE AMEND\2017\17-01 ADU.Second Units\CC Hearing\StaffReport.docx Code Amendment No. 17-01 Accessory Dwelling Units Page5of6-April 18,2017 8. Terminology for Accessory Living Quarters (Fonnerly Guest Houses). Approximately two years ago Code Amendment No. 14-02 revised the Municipal Code to use the term "Accessory Living Quarters" instead of the historically used term "Guest House". This was done to avoid the confusion and enforcement on such structures that were used by members of the family or permanently. With the change to Accessory Dwelling Units (from Second Dwelling Units), Accessory Living Quarters will be changed to "Accessory Habitable Quarters" to help provide a better description and distinction between the two types of improvements. At the February 28, 2017 study session, the Planning Commission also discussed the concept of allowing Junior Accessory Dwelling Units, which was authorized by AB 2406. The Planning Commission did not feel it was currently appropriate to adopt such standards at that time, so it is not included in the proposed code amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on March 28, 2017. The Commissioners reviewed the draft code amendment. No public comment was received at the hearing. The Commissioners discussed the State requirements and time frame to complete the code amendment. There was also discussion about continuing to restrict the number of bedrooms to one and the possibility of continuing the hearing to receive additional information. At the conclusion of the hearing, the Commission voted 4-1 (Heng opposed) to adopt Planning Commission Resolution No. 17-5860 and recommend approval of the code amendment to the City C0tmcil. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed ordinance as to form and content, and has concluded that it is in compliance with both State and federal law. ENVIRONMENTAL REVIEW: The proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 1506l(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which does not have the potential for causing a significant effect on the environment. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\CC Hearing\StaffReport.docx Code Amendment No. 17-01 Access01y Dwelling Units Page 6 of6-April 18, 2017 FISCAL IMPACT: The proposed code amendment would not have any direct fiscal impact to the General Fund. Prepared by: Jef~IC·P-~~ Planning Director ATTACHMENTS: Attachment No. 1 -Draft Code Amendment Ordinance Attachment No. 2 -Planning Commission Resolution No. 17-5860 Attachment No. 3 -Planning Commission Staff Report, March 28, 2017 Attachment No. 4 -Planning Commission Minutes, March 28, 2017 Attachment No. 5 -Planning Commission Staff Report, February 28, 2017 Attachment No. 6 -Study Session Table, February 28, 2017 Attachment No. 7 -Planning Commission Minutes, February 28, 2017 Z:\Case Files\CODE AMEND\2017\17-01 ADU.Second Units\CC Hearing\StaffReport.docx ATTACHMENT NO. 1 0 R D I N A N C E N 0. 2 3 1 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 17-01, RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND DWELLING UNITS) WHEREAS, on the 24th day of January, 2017, the Planning Commission initiated a code amendment to evaluate standards relating to accessory dwelling units and requirements established by the state legislature; and WHEREAS, the Planning Commission held a study session on the 28tl1 day of February, 2017;and WHEREAS, the Planning Commission, upon giving required notice, did on the 28th day of March, 2017, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 17-5860j reconunending to the City Council approval of Code Amendment No. 17-01; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 181h day of April, 2017; and WHEREAS, studies and investigations made by the Planning Commission and on its behalf reveal the following facts: 1. The Municipal Code currently includes standards for accessory dwelling units (second units) and accessory living quarters in the City of West Covina. 2. The California State Legislature passed two bills in 2016 that took effect on January 1, 2017, regulating how cities can address second units: Senate Bill 1069 and Assembly Bill 2299. The bills render any city's second unit standards null and void if they conflict with the new standards. 3. The Planning Commission discussed the concept of allowing Junior Accessory Dwelling Units (JADU's) at their study session on February 28, 2017 and determined that it was not appropriate to adopt such standards at this time. 4. The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the enviromnent because there are only a limited number of accessory dwelling units that will be constructed in the city, and the revisions Ordinance No. 2313 CodeAmendmentNo. 17-01 April 18, 2017 -Page 2 established by this ordinance will not have significant impacts on neighbors, community aesthetics, noise, or any other significant environmental impact. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION N0.1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 17-01 is hereby found to be consistent with the West Covina General Plan and the implementation thereof and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 17-01. SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Coimcil of the City of West Covina that it approves Code Amendment No. 17-01 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted or published as required by law and it shall be effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED this __ day of ___ , 2017. ATTEST: Nickolas S. Lewis City Clerk Corey Warshaw Mayor Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\CC Hearing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Nickolas S. Lewis, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 181h day of April, 2017. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of __ _ 2017. AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney Nickolas S. Lewis City Clerk Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\CC Hearing\Ordinm1ce.doc Ordinance No. 2313 Code Amendment No. 17-0 I April 18, 2017 -Page 4 EXHIBIT A Chapter 26 -Zoning Article II -Definitions SECTION 1. Section 26-63 of Article II of Chapter 26 of the West Covina Mnnicipal Code, Notices, is amended to read as follows: Sec. 26-63. -Definitions. Accessory building or structure. A part or the whole of a building or structure, the use of which is subordinate and incidental to the main use and/or structure. Where fifty (50) percent or more of the wall of an accessory building or structure constitutes a common wall with the main building, or where less than fifty (50) percent of the wall of the accessory building or structure constitutes a common wall with the main building but in which wall there is contained an opening that permits direct pedestrian passage from one to the other, then such an accessory building or structure shall be considered a part of the main building. Accessory living habitable quarters. A permanently constructed living habitable quarters, separate from the primary residence, and having no kitchen facilities, which is clearly subordinate or incidental to the primary residence on the same lot. The accessory living habitable quarters may include only a sleeping area, living area, and bathroom within an attached or detached accessory structure and for use by guests or occupants of the primary residence. The accessory living habitable quarters shall not be separately rented, leased or let (by direct or indirect compensation) or otherwise occupied separately from the primary residence. Accessory use. A use of the land or building which is clearly incidental and subordinate to the principal use of the land or building (but which does not alter the main use), both of which uses are located on the same lot and/or within the same building. Article VIII -Residential Agricultural Zone/Single Family Zone Division 1 -Generally SECTION 2. Subsection (2) of Section 26-391 of Article VIII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: (2) Accessory buildings. a. Accessory 1-iving,habitable quarters as allowed per section 26-391.5. b. Sooeoo Accessory dwelling units as allowed per article XII, division 11. c. Nonhabitable accessory buildings or structures, including, but not limited to the following: 1. Garages; 2. Carports; 3. Workshops; Z:\Case Files\CODE AMEND\2017117-0 l ADU.Second Units\CC 1-learing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 5 4. Storage rooms or sheds; 5. Detached patio covers; 6. Pool bathroom or detached bathroom. SECTION 3. Section 26-391.5 of Article VIII, Division 1 of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-391.5. -Accessory buildings, habitable. Purpose. The following regulations apply to habitable accessory buildings. (1) Accessory lwmg habitable quarters as de.fined in section 26-63. These structures are regulated by the underlying development standards of the particular zone and area district in addition to the specific regulations contained in this section. An accessory living habitable quarters may only be located on lots with a primary residence and may be attached or detached. One (1) such accessory use is permitted per lot and is allowed to be constructed above a garage except when said garage is located in the rear yard as per section 26-407. The placement of windows on second story accessory living habitable quarters shall be sensitive to the privacy of adjacent property owners. The following regulations are established: a. Size. An accessory living habitable quarters shall be a maximum size of six hundred forty ( 640) square feet. b. Review process. An administrative use permit shall be obtained prior to the issuance of building permits to construct an accessory living habitable quarters as specified in article VI, division 5 of this chapter. c. Deed restriction. The property owner shall be required to record a deed restriction limiting the use of the accessory living habitable quarters as stated in section 26-63 of the West Covina Municipal Code, allowing an annual inspection by city staff, and providing the property owner shall be liable for cost recovery of any city enforcement efforts necessary, as stated in section 2-408, if the accessory living habitable quarters has been illegally modified. Said deed restriction shall be provided to the planning department prior to the issuance of a building permit. d. Interpretation. Whenever any expansion or alteration to a building, garage or accessory living habitable quarters is designed with multiple hallway entrances, multiple toilet and bath facilities or bar sink installations, so that it can be easily divided into or used for separate apartments or accessory living habitable quarters, then the planning director may determine that it is an accessory living habitable quarters. e. Parking requirement. One (1) covered parking space shall be required for the accessory living habitable quarters, in addition to parking requirements for the Z:\Case Files\CODE AMEND\2017117-0 I ADU.Second Units\CC Hearing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017-Page 6 primary house. In addition, accessory ffi'iHg habitable quarters shall count toward parking requirements specified in section 26-402. f. Distance between structures. The distance between the house and a detached accessory ffi'iHg habitable quarters shall be no less than twenty-five (25) feet. g. Rear setback. An accessory ffi'iHg habitable quarters shall comply with the required twenty-five-foot rear setback as specified in section 26-407. h. Windows on side property lines. Windows on accessory ffi'iHg habitable quarters are only allowed when the structure is located a minimum of ten (10) feet from a side property line, per Subcommittee review and approval. i. Architectural compatibility. The architectural style of the accessory habitable quarters guest heuse in design features, such as but not limited to, materials, colors, roofing, scale, exterior treatment and details shall match the primary residence. j. Floor plan. The accessory habitable quarters guest heuse shall be limited to bedroom sleeping area, living area and one (1) bathroom. k. Location. Accessory ffi'iHg habitable quarters may only be located behind the primary residence and shall not be located within the area between the front property line and a line parallel to the back of the primary residence. Accessory ffi'iHg habitable quarters (previously called guest houses) in existence prior to August 1, 2014 that became legally nonconforming due to the adoption of this section may continue in existence and continue to be maintained and repaired. If such a legal nonconforming accessory ffi'iHg habitable quarters is partially or wholly destroyed by fire, explosion, or other casualty or act of God, it may be rebuilt to the same size, location and configuration as it existed on August 1, 2014. Any accessory ffi'iHg habitable quarters that is rebuilt shall comply with the window standards (no. 8) and architectural compatibility (no. 9) of this section, and shall be reviewed by the subcommittee prior to the issuance of a building permit. The intentional destruction or any addition to, or expansion of, such structures, however, shall cause the requirements of this section to apply to the renovation or reconstruction of such structure. SECTION 4. Section 26-401.5 of Article VIII, Division 2 of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-401.5. -Maximum unit size. (a) The maximum size of units in developmental areas shall be governed by the following table: ,-------. ~~-----------~-------------------- : Lot size Maximum Unit Size I . (sq. ft.): (Gross Floor Area J ~--------------------·-------- Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\CC 1-Iearing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 7 in Sq. Ft.) I i . l All lots within Arie __ _ ------------< ! District-IA only r---·--·-------, _J 0.50 FAR for first 5,000 sq. ft. oflot area r-. 0.35 FAR for remaining lot area in excess of 5,000 sq. ft. _J Under 20,000 .35 FAR or 3,999, whichever is less i--------------+----·----------·----- 20,000-24,999 4,000 I ~·-------------·-----------·--- 1 ! 25,000-29,999 5,000 i r-·-3-0,-000---34-,-999---, ·----+---- _---_---------·-j 6~ [ ___ 35,000-39,999 I ~--·----------·Tl _________________ ·-·--- 1 40,000+ , ____ s_._oo_o ________ _ 7,000 I ______ J As these figures reflect the maximum allowable unit sizes, they shall not be regarded as an automatic right. Each proposal shall be reviewed on a case by case basis and requires approval of the planning director subject to the following findings: (i) The lot and proposed development is consistent with the general plan, zoning, and meets all other applicable code requirements. (ii) The development utilizes building materials, color schemes and a roof style which blend with the existing structure, if any, and results in a development which is harmonious in scale and mass with the surrounding residences. (iii) The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles. (iv) The development can be adequately served by existing or required infrastructure and services. (v) The design of the structure has given consideration to the privacy of surrounding properties through the usage and placement of windows and doors, cantilevers, decks, balconies, minimal retaining walls, trees and other buffering landscaping materials. (vi) The development is sensitive to the natural terrain, minimizes necessary grading, de- emphasizes vertical massing which could disrupt the profile of a natural slope, and does not impede any scenic vistas or views open to the public or surrounding properties. Z:\Case Filcs\CODE AMEND\2017117-01 ADU.Second Units\CC Hcaring\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 8 The decision of the planning director is appealable to the planning commission subject to the procedures outlined in section 26-212. (b) Detached accessory structures shall not be included in the above maximum unit size figures. A large expansion to the main building (as defined in section 26-296.llOO(a)) shall be subject to the approval of an administrative use permit pursuant to the procedures outlined in section 26-296.1200. (c) The above maximum unit sizes may be increased by up to twenty-five (25) percent subject to the approval of an administrative use permit pursuant to the procedures outlined in section 26-296.1200. Attached accessory structures, including but not limited to guest hettse accessory habitable quarters, seeend accessory dwelling units, and garages, shall be included in the twenty-five (25) percent figure. (d) An expansion of the above maximum unit sizes by more than twenty-five (25) percent may be granted subject to the approval of a conditional use permit (CUP) by the planning commission pursuant to the procedures outlined in sections 26-246 and 26-685.2000. ( e) Any new second-story addition, or second-story addition to an existing two-story house shall be subject to the approval of an administrative use permit pursuant to the procedures outlined in Article VI, Division 5 of this Chapter 26, commencing at section 26-270 and to findings outlined in section 26-296.1300. (t) Section 26-401.5(a) through (d) shall not apply to residential development within a specific plan zone nor residential development which utilizes the density transfer provisions in section 26-703. Article XII -Special Regulations for Unique Uses Division 11 -Seeoed Accessory Dwelling Units SECTION 5. Section 26-685.30 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-685.30. -Purpose. The purpose of this division is to meet the need for new housing as declared by the state by reducing the barriers to the provision of affordable housing with the creation of second dwelling units on existing single-family lots. SECTION 6. Section 26-685.32 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-685.32. -Definitions. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\CC Hearing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 9 Owner-occupant means or is that person, or persons, who demonstrates, to the satisfaction of the planning director, a fee-ownership interest in the subject property and, in addition thereto, resides in the existing single-family dwelling upon said property and is the applicant for a second unit. Primary unit, hereafter referred to as "primary unit," means or is an existing or proposed to be built, dwelling unit that conforms to all regulations of this Code relating to section 26-391(a) prior to the addition of a second dwelling unit. Seeend unit Accessory dwelling unit means or is a dwelling unit detached from, or attached to, a primary unit on a lot zoned for single-family residence. Such units do not affect the density designation of any specific or general plan. &eend unit Accessory dwelling unit lot means or is a lot containing a primary unit and a second unit, legally established in a single-family zone. (Ord. No. 1606, § 1, 9-26-83; Ord. No. 2140, § 3, 7-19-05; Ord. No. 2271, § 3(Exh. A), 3-3-15) SECTION 7. Section 26-685.34 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-685.34. -Development standards. (a) An seeond lH!it accessory dwelling unit may be constructed or established only on a lot containing a primary unit located in a single-family residential zone. (b) An seeond lHlit accessory dwelling unit shall have adequate water supply and sewer service. ( c) An seeond unit accessory dwelling unit review shall be obtained prior to the issuance of building permits for a an seeond unit accessory dwelling unit. ( d) Only an owner-occupant of a primary unit shall be eligible to file an application for an seeond unit accessory dwelling unit on the lot of the primary unit in which he or she resides. ( e) The development standards of the R-1 zone and the area district in which the seeond lH!it accessory dwelling unit is located shall apply (as specified in article VIII, division 2 of this chapter) unless this division specifically permits or prohibits otherwise. (f) A seeond unit An accessory dwelling unit shall include permanent provisions for living, sleeping, cooking and sanitation. (g) Specific development standards: (1) Minimum site sizes for seeond unit accessory dwelling unit lots shall be: Z:\Casc Files\CODE AMEND\2017117-01 ADU.Second Units\CC 1-learing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18,2017-Page 10 c-------- ____ l_,,. . --------S-ite-Si=-(~-~-~-ft-~):~-----------~-~-~J Area District IA r I II/IIA III ' 12,000 r 13,500 15,450 J J :---~------- I 20,400 J IV ----1 26,000 I L ___ _ V ---~ J---------------4~,ooo ~~----==-=i (2) The lot shall contain a primary unit conforming to all regulations of the single-family zone. (3) A seeend nnit An accessory dwelling unit shall have a minimHl'R dwelling area ef five hlclndred (500) square fue: comply with the minimum unit size requirements of the California Building Standards Code. ( 4) A detached seeend accessory dwelling unit shall be in a structure that is a single story with a maximum dwelling area of six hmdred ferty (640) eight hundred (800) square feet and limited to two bedrooms and limited te ene eedreem. ( 5) A seeond mit An accessory dwelling unit that is attached to the existing primary unit shall be limited to a maximum exterior expansion of thirty (30) fifty (50) percent of the dwelling area of the primary unit up to a maximum of eight hundred (800) square siJ. hlclndred ferty (64 0) feet. ( 6) A--seeend lclllit In general, in addition to the parking required for the primary dwelling unit (Section 26-402), an accessory dwelling unit shall require one ( 1) severed accessible off-street parking space (covered or uncovered) per bedroom. The plam1ing direetor may reqnire :hat the severed J3arking SJ3aee ee enelosed on three (3) sides and reofud, if readily visible from the street. GaFBges and eE1FJ3erts shall h1we a minimnm elear length ef t>.venty (20) fuet and a ,,vfdth ef ten ( l 0) fuet fer eaeh required spaee het\veen eolumns or walls. (2) Parking spaces for accessory dwelling units shall be a minimum eight (8) feet by sixteen (16) feet. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport for the primary dwelling unit, except as modified in section 26-402.5. These J3arking reqnirements are ill-addition to the reqnired J3arldng for main tlwe!ling mits as reqnired in seetien 26 402. Said parking may be located in an existing driveway, in a required setback, or as a tandem Z:\Case Files\CODE AMEND\2017\ 17-0 I ADU.Second Units\CC 1-learing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 11 design, but shall not impede access to the required parking for the primary residence. However, no parking is required for accessory dwelling units in any of the following circumstances: a. Using city streets, from the accessory dwelling unit, a person would have to walk less no more than 1/2 a mile to a bus stop or train station. b. The accessory dwelling unit is located within an architecturally and historically significant historic district. c. The accessory dwelling unit 1s part of the existing primary residence or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. e. When there is a car share vehicle located within 500 feet of the accessory dwelling unit. (7) New or replacement Ggarages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line. (8) When an existing legal accessory building is converted, minimum setbacks are not required. (&)QQLDistance between structures. The distance between the primary unit and a detached seeenEI unit accessory dwelling unit shall be no less than twenty-five (25) feet. AA{l l) Rear yard. a. A detached seeeoo unit accessory dwelling unit shall have a required rear yard as provided in sections 26-406 and 26-407, except that no building other than one (1) two-cal' carport or garage shall be located in the required rear yard. b. SeeenEI units accessory dwelling units may only be located behind the primary residence and shall not be located within the area between the front property line and a line parallel to the back of the primary residence. For reversed corner lots where a house is facing and located fronting on a street side property line, a seeencl clwelling unit an accessory dwelling unit shall not be located within the area between the street side property line and a line parallel to the most distant part of the house from the street side property line. fl-01(12) The entrance to an attached seeencl llllit accessory dwelling unit shall be installed in a manner as te negate an ebvieHs inclieatien ef twe (2) units in :he same s1rue:we separate from the entrance to the primary unit and shall not be prominently visible from the right of way. Z:\Case Files\CODE AMEND\2017\17-0 I ADU.Second Units\CC 1-Iearing\Ordinance.doc Ordinance No. 2313 Code Amendment No. 17-01 April 18, 2017 -Page 12 a. No overhead utility lines are permitted to service the seeond unit accessory dwelling unit. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of a second unit, such lines shall be converted to underground services. b. The numerical street address of the lot shall remain as one (I) number with the primary unit being designated as "A" and the seeond unit accessory dwelling unit being designated as "B." c. Utility services to the seeond unit accessory dwelling unit may remain and are encouraged through single source points except where not permitted by the utility company. d. Park development fees for the seeena--unit accessory dwelling unit shall be paid in accordance with section 26-204. fB)(13) The architectural style of the seeond unit accessory dwelling unit in design features, such as, but not limited to, materials, colors, roofing, scale, exterior treatment and details shall match the primary unit. @(14) A seeond unit An accessory dwelling unit shall not be allowed on a lot with an accessory 1-iviflg habitable-quarters (guest houses) as allowed in section 26-391.5. @(15) A six-foot-high wall or solid fence shall be provided and maintained on the rear yard boundary of any lot containing an accessory dwelling seeond unit. Said wall or solid fence shall be in compliance with this Code in relation to height and location as approved by the planning director. f-14f-OO Windows on side property lines. Windows on seeond units accessory dwelling unit are only allowed when the structure is located a minimum of ten (I 0) feet from a side property line. (h) Notwithstanding any other provision of this section to the contrary, the city will approve an application for a building permit if all of the following apply: (1) the application is to create within either the Residential Agricultural (RA) zone or the Single Family (RI) zone one accessory dwelling unit per single family lot; (2) the accessory dwelling unit is contained entirely within the existing space of a legal single-family residence or a legal accessory structure (excluding garages): (3) the unit has independent exterior access from the existing residence: ( 4) the side and rear setbacks are sufficient for fire safety: and (5) the structure complies with all other applicable legal requirements. Z:\Case Files\CODE AMEND\2017\17-01 ADU.Second Uni!s\CC Hearing\Ordinance.doc Ordinance No. 2313 CodeAmendmentNo.17-01 April 18, 2017 -Page 13 SECTION 8. Section 26-685.38 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-685.38. -Conditions of approval for an seeoml m1it accessory dwelling unit. (a) The seeond unit accessory dwelling unit may be rented but shall not be sold except in conjunction with the entire lot and the primary unit. (b) Chapter 7 of this Code and all applicable building codes adopted by the city which apply to additions and construction of single-family dwellings shall apply to seeond units accessory dwelling units. ( c) Adequate water and sewer services shall be available or supplied by the applicant for a seeond unit an accessory dwelling unit. ( d) The accessory dwelling unit shall not be sold separate from the primary residence, but may be rented. The accessory dwelling unit and the primary residence cannot simultaneously be used by one or more parties unless the owner resides in either the accessory dwelling unit or the primary residence. One (1) unit shall be oeeHpied by the owner of the lot as long as the seeond ooit eids:s. A deed restriction shall be recorded to memorialize these requirements this effeet. A covenant running with the land shall be recorded by a seeond unit an accessory dwelling unit applicant, permitting the city to enforce these provisions at the cost of the owner. Proof of recordation shall be sent to the planning director and kept on file. ( e) Nothing in this section is intended to authorize circumvention of section 26-273( c )(3) of the Municipal Code (relating to rooming or hording uses). Letting (renting or leasing) of rooms is prohibited in both Hnits of a seeond ooit lot. SECTION 9. Section 26-685.39 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows: Sec. 26-685.39. -Review process. The applicant shall submit an application for a seeond ooit an accessory dwelling unit review by the planning director for compliance with the provisions of this section. If it is determined that the application and evidence submitted show that the see&nd unit accessory dwelling unit complies with the requirements of this section, the application shall be approved; otherwise the application shall be denied. Z:\Casc Files\CODE AMEND\2017117-01 ADU.Second Units\CC 1-leal'ing\Ordinance.doc ATTACHMENT NO. 2 PLANNING COMMISSION R E S O L U T I O N N 0. 17-5860 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 17-01, RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND DWELLING UNITS) CODE AMENDMENT NO. 17-01 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide WHEREAS, on the 24th day of January, 2017, the Planning Commission initiated a code amendment to evaluate standards relating to accessory dwelling units and requirements established by the state legislature; and WHEREAS, the Planning Commission held a study session on the 28tl1 day of February, 2017;and WHEREAS, the Planning Commission, upon giving the required notice, did on the 281h day of March, 2017, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and on its behalf reveal the following facts: 1. The Municipal Code currently includes standards for accessory dwelling units (second units) and accessory living quarters in the City of West Covina. 2. The California State Legislature passed two bills in 2016 that took effect on January 1, 2017, that regulate how cities can address second units: Senate Bill 1069 and Assembly Bill 2299. The bills render any city's second unit standards null and void if they conflict with the new standards. Z:\Case Files\CODE AMEND\2017\17-01 ADU.Second Units\pC Hearing\Reso.Final.doc Planning Commission Resolution No. 17-5860 Code Amendment No. 17-01 March 28. 2017 -Page 2 3. The Planning Commission discussed the concept of allowing Junior Accessory Dwelling Units (JADU's) at their study session on February 28, 2017 and determined that it was not appropriate to adopt such standards at this time. 4. The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment because there are only a limited number of accessory dwelling units that will be constructed in the city, and the revisions established by this ordinance will not have significant impacts on neighbors, community aesthetics, noise, or any other significant environmental impact. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 14-04 is hereby found to be consistent with the West Covina General Plan and the implementation thereof and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 17-01. SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 17-01 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. [ continued on next page] 2 Z:\Resos\2017 Resos\l 7-5860CA 17-01 ADU's.doc Planning Connnission Resolution No. 17-5860 Code Amendment No. 17-01 Mal'ch 28, 2017 -Page 3 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 28th day of March, 2017, by the following vote. AYES: Holtz, Jimenez, Redholtz, Castellanos NOES: Heng ABSTAIN: None ABSENT: None DATE: March 28, 2017 Z:\Resos\2017 Resos\17-5860 CA 17-01 ADU's.doc 3 o Castellanos, Chairman Planning Commission derson, Secretary Pl nning Commission ATTACHMENT NO. 3 AGENDA ITEM NO. __ 4~--- DATE March 28, 2017 PLANNING DEPARTMENT STAFF REPORT CODE AMENDMENT NO. 17-01 GENERAL EXEMPTION APPLICANT: City of West Covina Citywide LOCATION: I. SUMMARY II. The proposal is to amend the Municipal Code to comply with state law changes for Second Dwelling Units (now changed to Accessory Dwelling Units). BACKGROUND The California State Legislature passed two bills in 2016 that took effect on January 1, 2017, that regulate how cities can address second units. The legislation includes Senate Bill 1069 and Assembly Bill 2299. The bills render provisions of any city's second unit standards null and void if they conflict with the new standards. In addition, the bills replace the term "second unit" with "accessory dwelling unit". It is therefore incumbent .---~---~ ___ __nn__the City to.address all:)[_necessar.)LChanges___toJhe.Municipal Code as.soon as possible. ____ _ Municipal Code Requirements The City recently modified the standards for second dwelling units in 2015 and for accessory living quarters (previously guest houses) and in 2014. The Municipal Code currently requires the approval of a Second Dwelling Unit Review application which is reviewed by staff with no notification. Second dwelling units currently require the following development standards (WCMC Article XII, Division 11 ). • Minimum of 500 square feet and maximum of 640 square feet. • Require 1 covered parking space per bedroom. • 25-foot separation between second unit and primary unit. • Comply with 25-foot rear setback. • A minimum site size 6,000 square feet larger than the minimum lot size for the area district. • Second dwelling units must be behind the primary dwelling unit. Z:\Case Files\CODE AMEND\2017117-01 ADU.Seeond Units\PC 1-Iearing\Statf Repmt.doc Code Amendment No. 17-01 Accessory Dwelling Units March 28, 2017 -Page 2 • Property owner must live in primary or second dwelling unit. • Second unit must be architecturally compatible with primary unit. • No windows allowed when along a side property line if closer than 10 feet. Accessory Living Quarters (ALQ) currently require the approval of an administrative use permit, allowing for staff-level review with notification of the properties within 300 feet of the subject property. The two new bills do not directly affect the standards for accessory living quarters as they are not required by State law as second dwelling units are. However, because the name is very similar to the new State terminology for second dwelling Units, it is easy to confuse the standards for the two, and it is important to be able to make a distinction between the two. Accessory Living Quarters currently require the following development standards (WCMC Article VIII, 26-391.5); • Maximum of 640 square feet. • Require 1 covered parking space. • 25-foot separation between second unit and primary unit. • Comply with 25-foot rear setback. • ALQ must be behind the primary dwelling unit. • ALQ must be architecturally compatible with primary unit. • No windows allowed when along a side property line if closer than 10 feet. The State has declared that cities modify their standards as California's housing production is not keeping pace with housing demand and affecting the affordability of housing costs. The state has expressed the reasons for the legislation stating the following. "ADU's (Accessory Dwelling Units) offer benefits that address common development barriers such as affordability and environmental quality. ADU's ---·----~-ar-e-an-·· affordafile-type oflfome to construct ui Cahforrua because they aono_t ____ . require paying for land, major new infrastructure, structured parking, or elevators. ADU's are built with cost-effective one-or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADU's can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors." On January 24, 2017, the Planning Commission initiated a code amendment to consider modifying the standards for second dwelling units and the terminology for accessory living quarters. On February 28, 2017, the Planning Commission held a study session to review the changes to state requirements, recommendations, and alternatives. The Planning Commission directed staff to prepare a code amendment with the desired recommendations. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\PC Hearing\StaffReport.doe CodeA.mendmentNo. 17-01 Accessory Dwelling Units March 28, 2017 -Page 3 Based on City Council direction, notification was provided to four individuals that had expressed interest when the second dwelling unit standards were last revised in 2015. A notice was also published in the newspaper. III. PROJECT DESCRIPTION AND ANALYSIS The Second Dwelling Unit Code section has been in the Municipal Code since 1983. It was last modified in 2015 due to changes to state law at that time. The main changes that occurred were that that the requirement for a conditional use permit was removed ( state law requires second dwelling units by allowed by right) and a requirement that second units be located behind the primary dwelling unit was added. Recommended Code Amendment Based on discussion and direction :from the Planning Commission during the study session on February 28, 2017, staff has prepared a code amendment that does the following. 1. Change the name for Second Dwelling Units. Currently the Municipal Code uses terminology of "Second Dwelling Unit". The new state requirements modify the terminology in state regulations to "Accessory Dwelling Unit". The purpose of modifying the terminology is to use the new term "Accessory Dwelling Unit" that is utilized in state law. 2. Off-street parking requirements. The Municipal Code currently requires one covered parking space per bedroom. The new state regulations do not allow a city to require covered parking spaces for second dwelling units. However, they do allow cities to require uncovered parking spaces except under the following circumstances in which case no parking may be regl!ii:e1!.~-~ ____ _ (!) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. ( 4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. ( 5) When there is a car share vehicle located within one block of the accessory dwelling unit. The draft code amendment would require one uncovered parking spaces except when one of the above exceptions is found. 3. Converting existing structures. The state regulations require that a city allow a second dwelling unit to be created from an existing portion of the primary house or the conversion of an existing permitted accessory building (excluding garages). Z:\Case Files\CODE AMEND\2017117-0 I ADU.Second Units\PC Hearing\StaffReport.doc CodeAmendmentNo.17-01 Accessory Dwelling Units March 28, 2017 -Page 4 When an existing permitted accessory building is converted, m1mmum setbacks cannot be required. The accessory building must be allowed to be converted where it is located. It should be noted that converting the required garage for the primary unit will still require the construction of a new garage and the design of the second dwelling unit would need to match the primary unit 4. Terminology for Accessory Living Quarters (Formerly Guest Houses). Approximately two years ago Code Amendment No. 14-02 revised the Municipal Code to use the term "Accessory Living Quarters" instead of the historically used term "Guest House". This was done to avoid the confusion and enforcement on such structures that were used by members of the family or permanently. With the change to Accessory Dwelling Units (from Second Dwelling Units), Accessory Living Quarters will be changed to Accessory Habitable Quarters to help provide distinction between the two types of improvements. These changes have been made to the draft Code amendment as directed. After the study session of the Planning Commission on February 28, 2017, staff worked with the city attorney's office to prepare a draft code amendment. During that preparation, the city attorney's office provided further advice on the required changes specified by state law and the current standards for second dwelling units. Ordinarily we would include discussion on these type of issues in a study session. However, given the desire to complete this amendment in an expeditious manner and that the notice had already been posted in the newspaper, it was decided to go ahead with the hearing. The Commission could continue the hearing to allow for further discussion or allow for the attendance of a representative from the city attorney's office if you choose. The following recommended changes in the draft ordinance were not discussed in the study session. --------·-"·-----------------·--~ 1. The current minimum square footage for an accessory dwelling unit is 500 square feet, state law requires the allowance of efficiency units that could be as small as 70 square feet. The suggested change would state that units must comply with the minimum unit size requirements of the California Building Standards Code. 2. The current maximum size for an accessory dwelling unit is 640 square foot and the city attorney's office is recommending increasing that to 800 square feet to be more defensible based on the state requirements. 3. At the study session, the staff analysis included discussion on limiting the number of bedrooms allowed. Currently the Code is silent on the number of bedrooms allowed but does require one covered parking space per bedroom. The discussion at the study session was to limit the number of bedrooms allowed to one within a maximum 640 square foot structure. Based on the concept of increasing the maximum unit size from 640 square feet to 800 square feet, it does not seem reasonable to limit the number of bedrooms to one, therefore the draft Code limits the number of bedrooms Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\PC Hearing\StaffReport.doc Code Amendment No. 17-0 I Accessory Dwelling Units March 28, 2017 -Page 5 to two. Other alternatives include no limit on the number of bedrooms (as it is currently) oflimiting the number of bedrooms to three. 4. The current Code states that an attached accessory dwelling unit is limited to 30 percent of the primary unit dwelling area and state law requires that it is limited to 50 percent of the primary unit dwelling area. The Planning Commission discussed the concept of allowing Junior Accessory Dwelling Units which was authorized by a third bill, AB 2406. This bill establishes standards for cities to adopt but it is voluntary. The Planning Commission did not feel it was currently appropriate to adopt such standards. IV. CONCLUSION The proposed amendment has been drafted and the code text is attached to the resolution for your review (Attachment No. 1). If the Planning Commission chooses to recommend approval of the proposed code amendment, the City Council will hold a public hearing to consider adopting the proposed amendments. If the Planning Commission would like to continue the hearing, staff would recommend to continue the hearing until April 25, 2017. V. ENVIRONMENTAL DETERMINATION The proposed code amendment is exempt from the prov1S1ons of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which does not have the potential for causing a significant effect on the environment. VI. STAFF RECOMMENDATION ----· ----------·---~·---~-----Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 17-01 to the City Council. Planning Director Attachments: Attachment No. 1 -Code Amendment Resolution Attachment No. 2-Planning Commission Minutes, February 28, 2017 Attachment No. 3 -Planning Commission Staff Report, Study Session, February 28, 2017 Attachment No. 4-Planning Commission Study Session Table, February 28, 2017 Z:\Case Files\CODE AMEND\2017\17-01 ADU.Second Units\PC Hearing\StaffRcport.doc Planning Connnission Minutes Page 5 -March 28. 2017 ATTACHMENT NO. 4 ChEM:¥.m:oo Cast@llan@s said tft@s€ a@tisns ar@ final ttlttGss &]?~@ah~@: ts th@ City Cew@il ;vithin t@a €lays. 4. CODEAMENDMENTN0.17-01 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of an amendment to the Zoning section of the West Covina Municipal Code to modify standards and terminology regarding Second Dwelling Units. Planning Director Jeff Anderson presented the staff report. During his presentation he reviewed the matters discussed at the previous study session, and the new State requirements. He also informed the Commission that, based on additional infonnation provided by the City Attorney during the drafting of the ordinance, staff was recommending a few amendments to the proposed code. Mr. Anderson told the Connnission that minimum unit sizes were mandated by the State, but maximum unit size could be determined by the City. He also said a recommendation by the City Attorney was that the maximum unit size be 800 feet, which would allow for two bedrooms. He also told the Commission that attached accessory dwellings must be allowed to be 50% of the main tmit size. There was a short discussion by the Commission regarding the recommendations from the City Attorney's office. Connnissioner Holtz asked if they could require a variance for a second bedroom. Connnissioner Heng suggested this matter be continued to allow the Connnission more time to uoderstand the recommendations. It was the consensus of the Commission to continue address the issues and take action on the code amendment. Chairman Castellanos opened the public hearing. No one spoke in favor of, or in opposition to, the proposed code amendment. Chainnan Castellanos closed the public hearing. Chairman Castellanos expressed his support of the code amendment. Motion by Castellanos, seconded by Redholtz, to waive further reading and adopt Resolution No. 17-5860 recommending to the City Council, approval of Code AmendmentNo.17-01. Motioncarried4-1 (Heng opposed.) WON IHlAR'IP!G IT1lMS N@oo CONTIN-lJ.ATION OF ORAL COMMUNICATIONS \\Storage! lplandata\PLANCOM\MINUTES\2017 MINUTES\3.28.17 minutes.doe ATTACHMENT NO. 5 City of West Covina Memorandum AGENDA TO: Planning Connnission ITEM N0 .. __ -'7~-- FROM: Planning Department DATE: February 28, 2017 SUBJECT: STUDY SESSION CODE AMENDMENT NO. 17-01 ACCESSORY DWELLING UNIT (SECOND DWELLING UNIT) STANDARDS I. DESCRIPTION On January 24, 2017, the Planning Commission adopted Resolution No. 17-5846 initiating Code Amendment No. 17-01 related to evaluating second dwelling unit standards. The initiation of this code amendment requires that a proposed code amendment be presented to the Planning Commission. The Planning Commission will then make a recommendation and the code,·. amendment will be presented to the City Council. II. BACKGROUND The California State Legislature passed two bills in 2016 that took effect on January 1, 2017, that regulate how cities can address second units. The legislation includes Senate Bill 1069 and Assembly Bill 2299. The bills render any city's second unit standards null and void if they conflict with the new standards. In addition, the bills replace the tenn "second unit" with "accessory dwelling 1mit". It is therefore incumbent on the City to address any necessary changes to the Mwicipal Code as soon as possible. In addition, the state passed an additional bill, AB 2406 that allows cities to adopt an ordinance allowing Junior Accessory Dwelling Units (JADU). A JADU would allow a separate unit within a residence that is no greater than 500 square feet. Cities have discretion over whether they would like to adopt standards allowing JADU. The City recently modified the standards for second units in 2015 and for accessory living quarters (previously guest houses) in 2014. The Municipal Code currently requires the approval of a Second Dwelling Unit Review application which is reviewed by staff with no notification. Second Units require the following development standards (WCMC Article XII, Division 11 ). • Minimum of 500 square feet and maximum of 640 square feet. • Require 1 covered parking space. • 25-foot separation between second unit and primary unit. • Comply with 25-foot rear setback. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\Staff Report.doc ( Code Amendment I 7-0 I Second Dwelling Units/ Accessory Dwelling Units February 28, 2017 -Page 2 ( • A minimum site size 6,000 square feet larger than the minimum lot size for the area district. Accessory Living Quarters require the approval of an administrative use permit, allowing for staff-level review with notification of the properties within 300 feet of the subject property. The two new bills do not directly affect the standards for accessory living quarters as they are not required by State law as Second Units are. However, since the name is very similar to the new State terminology for Second Units, it is easy to confuse the standards for the two, and it is important to be able to make a distinction between the two. Accessory Living Quarters require the following development standards (WCMC Article VIII, 26-391.5). • Maximum of 640 square feet. • Require I covered parking space. • 25-foot separation between second nnit and primary nnit. • Comply with 25-foot rear setback. TI1e State has declared tlmt cities modify their standards as California's housing production is not keeping pace with housing demand and affecting the affordability of housing costs. The California Department of Housing and Community Development developed an informational brochure (Attachment No. 2) that expresses the reasons for the legislation, summary of changes, and frequently asked questions. On Page I of the document, it expresses the following. "ADU's (Accessory Dwelling Units) offer benefits that address common development baniers such as affordability and environmental quality. ADU's are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADU's are built with cost-effective one-or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADU's can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors." The state is therefore requiring that cities comply with standards for Accessory Dwelling Units, which the City has historically refeffed to as Second Dwelling Units. The state does not require that cities allow Accessory Living Quarters (which used to be refeffed to as guest houses). III. DISCUSSION The purpose of this study session is to familiarize the Planning Commission with the current standards for second dwelling units and provide information on state requirements adopted in 2016. As previously discussed, the primary purpose of the Code amendment is to comply with Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\StaffReport.doc ( Code Amendment 17-01 Second Dwelling Units/ Accessory Dwelling Units February 28, 2017 -Page 3 ( State law. Staff has worked with the City Attorney's office regarding State law requirements and the current Code standards. Staff has prepared a table for the study sessions that provides topics, a discussion on the topic, options, and a staff recommendation on the options. Topics to be discussed at the study session include changing the name from Second Dwelling Units to Accessory Dwelling Units, off-street parking requirements, allowance in existing primary residence of accessory building, standards for the number of bedrooms, accessory living quarters terminology, and Junior Accessory Dwelling Units. These will be the topics under discussion at the study session. IV. CONCLUSION The purpose of the study session is to provide the Planning Commission with information and discussion on the issues. After discussion on the issues, the Commission may ask for additional information to be provided which will necessitate another study session. Alternatively, the Plarming Cormnission may come to a consensus on moving forward with the code amendment. If the Planning Commission comes to an agreement, then the next step will be to schedule a public hearing before the Planning Commission. Subsequent to Planning Commission review, a public hearing will be scheduled for the City Council to determine if changes to the code are appropriate. V. RECOMMENDATION Staff recommends that the Planning Commission review the information in the staff report and provide appropriate direction to staff regarding standards to be included in the code amendment. Je 1derson, AICP Planning Director ATTACHMENTS: Attachment No. 1 -Study Session Table Attachment No. 2 -Existing Second Dwelling Unit Code Standards Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\StaffRcport.doc Item 1. Name Change of Second Dwelling Unit to Accessory Dwelling Units ATTACHMENT NO. 6 Code Amendment No. 17-01, February 28, 2017 Second Dwelling Units (Accessory Dwelling Units) Discussion Options Currently the Municipal Code uses terminology of "Second Option 1 -Continue to use term Dwelling Unit". The new state requirements modify the "Second Dwelling Unit". terminology in state regulations to "Accessory Dwelling Unit". Staff would reco=end that the terminology be revised in the Option 2 -Change the term to Municipal Code to use the new term "Accessory Dwelling Unit". "Accessory Dwelling Unit". Approximately two years ago Code Amendment No. 14-02 revised the Municipal Code to use the term "Accessory Living Quarters" instead of the historically used term "Guest House". This was done to avoid the confusion and enforcement on such structures that were used by members of the family or permanently. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\SSTable.PC.doc Page I Recommendation Option 2 -It is more user fuendly to utilize the same name that it used in state law. Item 2. Off-Street Parking Requirement ATTACHMENT NO. 6 Code Amendment No. 17-01, February 28, 2017 Second Dwelling Units (Accessory Dwelling Units) Discussion The Municipal Code currently requires one covered parking space per bedroom. The new state regulations do not allow a city to require covered parking spaces for second dwelling units. However, they do allow cities to require open parking spaces except under the following circumstances. (!) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. ( 4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. Public transit includes trains and buses. This will reduce the ability for the City to require covered parking for second dwelling units in a significant portion of the City as bus lines run on streets such as Azusa Avenue, Lark Ellen Avenue, Glendora Avenue, Sunset Avenue, Amar Road, Nogales Street, Cameron Avenue, and Workman Avenue. The majority oflots in the City that allow second dwelling units will not require additional parking spaces. Options Option I Delete the requirement for additional parking for all proposed second dwelling units. Option 2 -Add the exceptions required by the state but continue to require covered parking spaces in all other areas. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\SSTable.PC.doc Page2 Recommendation Option 2 -While it will increase the time to review second dwelling unit requests, there are areas of the City that do not fit any of those circumstances. Item 3. Allowed in Existing Primary Residence or Accessory Building 4. Standards for the Number of Bedrooms ATTACHMENT NO. 6 Code Amendment No. 17-01, February 28, 2017 Second Dwelling Units (Accessory Dwelling Units) Discussion Options The state regulations require that a city allow a second dwelling None unit to be created from an existing portion of the primary house or the conversion of an existing accessory building. When an existing permitted accessory building is converted, minimum setbacks cannot be required. The accessory building must be allowed to be converted where it is located. It should be noted that converting the required garage for the primary unit will still require the construction of a new garage and the design of the second dwelling unit will need to match the primary unit. Although the City cannot require covered parking for second Option 1 -Make no changes. dwelling units, the City can consider limiting the number of bedrooms allowed in a second dwelling unit. Currently the Code Option 2 -Limit the number of is silent on the number of bedrooms allowed but does require one bedrooms to two. covered parking space per bedroom A 640 square foot structure can accommodate two small bedrooms, but is unlikely to Option 3 -Limit the number of accommodate more than two bedrooms. bedrooms to one. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\SSTable.PC.doc Page3 Recommendation Change Code to reflect state requirements. Option 2 -Limit the number of bedrooms to two, which is the maximum number that are normally accommodated in a structure of 640 square feet. Item 5. Accessory Living Quarters terminology 6. Junior Accessory Dwelling Units ATTACHMENT NO. 6 Code Amendment No. 17-01, February 28, 2017 Second Dwelling Units (Accessory Dwelling Units) Discussion Options Approximately two years ago Code Amendment No. 14-02 Option 1 -Continue to use the revised the Municipal Code to use the term "Accessory Living term Accessory Living Quarters. Quarters" instead of the historically used term "Guest House". This was done to avoid the confusion and enforcerneut on such Option 2 -Change to Accessory structures that were used by members of the family or Habitable Quarters permanently. Option 3 -Change to Accessory Should the term "Accessory Living Quarters" be modified Quarters because it is too similar to "Accessory Dwelling Unit"? Option 4 -Change to Secondary Quarters A separate bill (AB 2406) authorizes cities to permit Junior Option I -Do not adopt Accessory Dwelling Units, but does not require cities to adopt standards for J ADU' s ordinances allowing them. A Junior Accessory Dwelling Unit (JADU) would be allowed on a single-family lot, must be 500 Option 2 -Adopt standards as square feet or less, must be owner occupied, must be located provided by the state within the residence (attached), have its own separate entrance, include an efficieucy kitchen, and may have its own bathroom or Option 3 -Adopt standards as share with the primary residence. provided by the state but limit the size to 400 square feet. Z:\Case Files\CODE AMEND\2017117-01 ADU.Second Units\SS PC 2.28.17\SSTable.PC.doc Page4 Recommendation Option 2 -Change to Accessory Habitable Quarters. It is the most restrictive term and the term "Living'' and "Dwelling'' are very similar terms. Option I -The required changes will allow second dwelling units with no additional parking and the Code currently allows accessory living quarters through the approval of an AUP up to 640 square feet. Planning Commission Minutes Page 6 Februaiy 28, 2017 6. 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C@mmissi@nrM IIsltz aslrnd ifth@y itlt@ft9:@€i t@ r~la@@ ths ~misting sign Y,r-ith a lQQ fust pyl@11 sig11 that v:as f@€_l:u@81:@tl oo.§: ~~f€v.•s@ Sy the@ Planni:ag C@:81fflissi@Fl a W.v y@aFS ag@. },4@ti~n1 :Sy Cast@llan:@s, s@@@ntl@d ~y Jim@n@z, t@ ~'r)f@Y@ Plan.-ning C@mmissi@n Atim@riz@S Plooning Dir@@t@r' 8 t4@ aiii@ati@n }T@. 16 3 §. P,i@ti@n ®arri@d 5 Q. 7. STUDY SESSION -CODE AMENDMENT NO. 17-01 Accessory Dwelling Unit (Second Dwelling Unit) Standards Planning Director Jeff Anderson presented the staff report. He explained that this matter was before them because the State of California had adopted certain new regulations to create more affordable housing in the State, and some of the terminology could cause confusion with terminology used in the West Covina Municipal Code. Mr. Anderson presented information and requested direction on the following matters; nmne change of second dwelling units to accessory dwelling units, off street parking requirements, allowing a second dwelling unit to be created in an existing dwelling unit or accessory building, accessory living quarters' terminology, and the adoption of junior accessory dwelling units. At the conclusion of the discussion, it was the consensus of the Commission to direct staff to draft a Code and schedule a public hearing before the Planning Commission when it is ready. CONTINU,'\TION OF ORJ.L COMMUNICATI01'!8 Z:\PLANCOM\MINUTES\2017 MINUTES\2.28.17 minutes.doc ( AGENDA ITEMNO. 14 AGENDA STAFF REPORT DATE: TO: FROM: April 18, 2017 Mayor and City Council Chris Freeland City Manager City of West Covina I Office of the City Manager SUBJECT: ADOPTION OF SEWER SYSTEM MANAGEMENT PLAN 2016 UPDATE RECOMMENDATION: It is recommended that the City Council conduct a public hearing and adopt the Sewer System Management Plan 2016 Update. BACKGROUND: The Public Works Department is responsible for the operations and maintenance (O&M) of approximately 227 miles of sanitary sewer mains, 5,187 sewer manholes, 6 sewer lift stations and appurtenances. The department's annual O&M program consists of the following activities: • Routine cleaning and hydro-jetting of 150 miles of sewer mains • Conducting closed circuit television (CCTV) inspections of 40 miles of sewer lines • Replacement and "point" repairs of damaged or cracked sewer lines • Regular inspections of sewer lift stations • Replacement of pumps, motors, and equipment at sewer lift stations as necessary On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, which established General Waste Discharge Requirements (WDR) for all publicly owned or operated sanitary sewer systems in California. The WDR mandated owners and operators of sanitary sewer systems to: (1) report Sanitary Sewer Overflows (SSOs) to the Board, and (2) develop and implement a Sewer System Management Plan (SSMP). In August 2009, the City of West Covina adopted its SSMP. The SSMP set forth goals and actions to be followed, and guidelines for various activities involved in managing, operating, maintaining, repairing, replacing, and expanding the City's sewer system. The SSMP included chapters describing legal authorities for managing the system, and ministerial actions required in monitoring, auditing, reporting and communicating with the public and regulators. The SSMP is required to be audited every two years to assess its effectiveness, identify areas for improvement, and make revisions to the SSMP elements; and to be updated every five years. Adoption of Sewer System Management Plan 2016 Update Page 2 of7 -April 18, 2017 DISCUSSION: In October 2015, the City Council approved a professional services agreement with Willdan in the amount of $68,550 (including 10% contingencies) for the preparation of the SSMP 2016 Update. Willdan's scope of services included the following tasks: • Reviewed and updated the Goals element • Reviewed and updated the Organization element • Reviewed and updated the Legal Authority element • Reviewed and updated the Operations and Maintenance (O&M) Program • Reviewed and updated the Design and Performance Provisions • Reviewed and updated the Overflow Emergency Response (OER) Plan • Reviewed and updated the Fats, Oils and Grease (FOG) Program • Reassessed the System Evaluation and Capacity Assurance Plan (SECAP) • Revised the Monitoring, Measurement and Program Modifications component • Reviewed the Communications Program • Created a GIS layer of the sewer system • Evaluated the City's sewer service charge and rate structure necessary to sustain O&M activities and Capital Improvement Program (CIP) implementation All updates to the different elements of the SSMP have been completed. Some of the significant updates include: Overflow Emergency Response Plan The OER Plan describes actions that the Public Works Department follows when responding to SSOs within the community, including reporting obligations. The department provides 24-hour emergency response services to investigate and act upon notifications received from the public and/or other valid sources. These services include stopping the SSOs, containing and recovering any wastewater that may have been discharged, preventing entry of any wastewater discharge to the storm drain system, and clean-up. The department then reports the SSOs (depending on the volume of discharge) to various regulatory agencies, including the Los Angeles Regional Water Quality Control Board, Los Angeles County Health Department, State Office of Emergency Services, Los Angeles County Flood Maintenance Division and Los Angeles County Sanitation District. FOG Source Control Program There have been seven SSOs reported since 2009, either due to FOG, root intrusion or a combination of both. As recommended in the report, SSOs caused by FOG and root intrusion can be prevented by conducting regular CCTV inspections and cleaning of sewer lines, embarking on a rigorous public education program, and enforcing the FOG Ordinance. FOG prone areas or "hot spots" in the City are inspected and cleaned either by hydro-jetting or rodding on a monthly basis. Solidified FOG found in. the sewer lines are trapped, collected and disposed at designated dump sites. New food service establishments (FSEs), including restaurants and similar businesses are required, as part of the project approval process, to install grease traps or interceptors when they are issued their building permits. These grease removal devices are required to be fully pumped out and maintained at least once every four months. Adoption of Sewer System Management Plan 2016 Update Page 3 of7 -April 18, 2017 ( The City provides homeowners and FSEs information regai-ding proper disposal of FOG and other SSO prevention measures, including installation of grease removal devices; installation of backflow prevention devices; and proper sewer lateral maintenance through information posted on the City's website, Discover City newsletter, utility bills, and brochures. In addition, City staff has been handing out posters and brochures of Best Management Practices for the Food Service Industry, Restaurants, Gas Stations and Auto Repair Shops, and Industrial Facilities as part of the City's FOG inspection program. ( ( The City has on its staff, two Community Enhancement Officers and an on-call consulting firm available to conduct FOG inspections at FSEs. FSEs found not in compliance with the City's FOG Ordinance are issued Notices of Violation. The notices include the nature of the violation(s), corrective actions to be taken, timeline to complete corrections and potential penalties if the problems are not addressed. System Evaluation and Capacity Assurance Plan (SECAP) The last major upgrade to a sewer lift station was performed in 1988 while the last major sewer main replacement project was completed in 1994. Since then, no other major capital improvements to the sewer system have been completed. The SECAP identifies approximately 49,000 feet or 9.3 miles of sewer mains that need to be upgraded or replaced, including 19,000 feet that are critically capacity-deficient (greater than 85% full) and 30,000 feet that are seriously capacity-deficient (between 65% and 85% full). The segments identified as critically capacity-deficient are classified Priority 1, while seriously capacity-deficient segments are classified as Priority 2. In addition, the SECAP identifies upgrades to the existing sewer lift stations, including complete redesign and rehabilitation of the Azusa Sewer Lift Station, and installation of emergency generators and Supervisory Control and Data Acquisition (SCAD A) systems at all six sewer lift stations. Finally, the SECAP recommends implementing annual CCTV Inspection and Cured In-Place Pipe (CIPP) Lining Program to correct pipe structural deficiencies and thus, minimize the risk of SSOs. These improvements or upgrades are estimated to cost $13. 7 million over the next nine years. For Fiscal Year 2016-17, the City Council has already approved over $2.1 million on the following projects: I. Cameron Avenue Sewer Main Rehabilitation -this project will replace approximately 2,000 feet of existing 10-inch sewer main with 14-inch pipe from Citrus Street to 700 feet east of Inman Avenue. Total estimated cost of the project is $800,000 and construction is underway. 2. Azusa Sewer Lift Station -this project will replace the existing sewer pumps, equipment, controls, conduits, wiring and appurtenances in order to comply with WDR requirements. The project will also provide sufficient emergency storage capacity, install an emergency generator and SCAD A monitoring system in order to minimize !isle of SSOs. Total estimated cost of the upgrades is $600,000. This project is currently under design. 3. Purchase of Combination Sewer Cleaning Truck -this equipment is used primarily for the routine cleaning and hydro-jetting of approximately 150 miles of sewer mains (including "hot spots") and 1,800 manholes every year. This equipment can also. be used to clean storm drain lines and catch basins and to respond to SSOs. Total cost of the combination sewer cleaning truck was $423,000. This equipment has been in service since December 2016. Adoption of Sewer System Management Plan 2016 Update Page4 of7-April 18, 2017 4. Purchase of Sewer Camera System and Truck -as part of the Public Works Department's O&M program, maintenance crews perform CCTV inspections on approximately 40 miles of sewer mains annually for root intrusion, joint cracks, structural defects, blockage, debris, settling, sagging, etc. Pipes with minor structural defects, including joint cracks, settling and sagging will be prioritized and repaired as part of the department's annual CIPP Lining Program. Total cost of the sewer camera system and truck was $188,000. Staff is anticipating that the camera system and truck will be delivered sometime in August or September 2017. 5. Purchase of Three Sewer Pick-up Trucks -the three existing sewer trucks are vital to the day- to-day sewer maintenance operations. They range in age between 13 and 26 years old, have between 65,000 and 87,000 miles on them, and have exceeded their useful life expectancies. Total cost of the three new trucks was $114,000. Staff is anticipating that the trucks will be delivered sometime in June or July 2017. Sewer System Revenue Sufficiency Analysis Based on the proposed Sewer CIP, Willdan conducted an analysis of existing revenues and other sources of funds to determine whether total revenues are sufficient to meet the proposed expenditures. The City's Sewer Service Charge Budget for Fiscal Year 2016-17 shows that the total projected revenues is approximately $2.9 million, which include sewer assessments, ad valorem taxes, and interest income. This is based on the current sewer service charge of $4.69 per dwelling unit per month or $56.24 per dwelling unit per year. The total operating expenditures, which include personnel costs, materials and services, and overhead, is approximately $1.9 million. This leaves $1,000,000 available for capital improvements and operating reserves per year. In order to determine appropriate levels of sewer service charges, thus funding over the next eight years, Willdan compared four financial plans for the City's consideration. The following is a summary of the four scenarios: Scenario 1 -Cash Fund CIP; Maintain 9 Months of Operating Reserves This scenario considers funding the full $13.7 million of CIP over the 9-year period (or approximately $1.5 million annually) using sewer assessment revenues while maintaining at least nine months of working capital or operating reserves. The analysis shows that sewer assessments will need to increase by 54.5% over the 9-year period, including an initial increase of 36.5% in Fiscal Year 2017-18. The following is a summary of sewer assessment increases per year: FY2016-17 1.7 $4.69 $56.24 FY2017-18 36.5 $6.40 $76.80 FY 2018-19 1.7 $6.51 $78.12 FY 2019-20 1.7 $6.62 $79.44 FY 2020-21 1.7 $6.73 $80.76 FY 2021-22 1.7 $6.84 $82.08 FY2022-23 1.7 $6.96 $83.52 FY 2023-24 1.7 $7.08 $84.96 FY 2024-25 1.7 $7.20 $86.40 Adoption of Sewer System Management Plan 2016 Update Page 5 of7-April 18, 2017 ( Scenado 2 -Cash Fund CIP; Maintain 6 Months of Operating Reserves ( This scenado considers funding the full $13.7 million of CIP over the 9-year period (or approximately $1.5 million annually) using sewer assessment revenues while maintaining at least six months of working capital or operating reserves. The analysis shows that sewer assessments will need to increase by 69% over the 9-year period, including an increase of 20% in FY2017-18. The following is a summary of sewer assessment increases per year: . »:. FY2016-17 1.7 $4.69 $56.24 FY2017-18 20 $5.63 $67.56 FY 2018-19 5 $5.91 $70.92 FY 2019-20 5 $6.21 $74.52 FY 2020-21 5 $6.52 $78.24 FY 2021-22 5 $6.85 $82.20 FY 2022-23 5 $7.19 $86.28 FY2023-24 5 $7.55 $90.60 FY 2024-25 5 $7.93 $95.16 Scenario 3 -Cash Fund $1 Million of CIP Annually Given the magnitude of sewer assessment increases needed to fully fund the CIP, this scenario was developed as an alternative to explore the level of sewer rate increases needed to fund only $1 million (instead of an average of $1.5 million) of CIP annually. The analysis shows that sewer assessments will need to increase by 36.5% over the 9-year period, including increases of 11 % in Fiscal Year 2017- 18 and Fiscal Year 2018-19. The following is a summary of sewer assessment increases per year: Jt!~!~ff1i;(lff FY 2016-17 1.7 $4.69 $56.24 FY 2017-18 11 $5.21 $62.52 FY 2018-19 11 $5.78 $69.36 FY 2019-20 1.7 $5.88 $70.56 FY 2020-21 1.7 $5.98 $71.76 FY 2021-22 1.7 $6.08 $72.96 FY 2022-23 1.7 $6.18 $74.16 FY2023-24 1.7 $6.29 $75.48 FY2024-25 1.7 $6.40 $76.80 Scenario 4 -Use Debt Service to Fund CIP Scenario 4 is similar to Scenario 1, except that this scenario uses debt (not sewer assessment revenues) to fund the CIP. The analysis assumes the City will issue debt in 3-year increments -$2.6 million in Fiscal Year 2017-18; $3.6 million in Fiscal Year 2020-21, and $3 million in Fiscal Year 2023-24. The analysis shows that sewer assessments will need to increase by 37.1 % over the 9-year period with annual increases of 4% from Fiscal Year 2018-19 through Fiscal Year 2024-25. Adoption of Sewer System Management Plan 2016 Update Page 6 of7-April 18, 2017 The following is a summary of sewer assessment increases per year: ""' FY2016-17 1.7 $4.69 FY2017-18 4 $4.88 FY 2018-19 4 $5.08 FY2019-20 4 $5.28 FY 2020-21 4 $5.49 FY2021-22 4 $5.71 FY 2022-23 4 $5.94 FY 2023-24 4 $6.18 FY2024-25 4 $6.43 $56.24 $58.56 $60.96 $63.36 $65.88 $68.52 $71.28 $74.16 $77.16 For comparison, Public Works staff conducted a survey of sewer rates of neighboring San Gabriel Valley cities. The results of the survey are as follows: ~ ~i!',c'M~ntliivfS~Wi~~'!ij~Jt \:0Q\giilill'S~wi~i).{Jtli''~~~ Whittier $22.75 $273.00 Azusa $14.51 $174.12 Pasadena $12.32 $147.82 Covina $10.82 $129.84 San Gabriel $9.75 $117.00 Monrovia $9.01 $108.12 Arcadia $7.76 $93.12 El Monte $7.22 $86.64 La Puente $7.00 $84.00 West Covina $4.69 $56.24 Baldwin Park* $4.21 $50.52 Diamond Bar* $4.21 $50.52 Duarte* $4.21 $50.52 Glendora* $4.21 $50.52 Industry* $4.21 $50.52 Irwindale* $4.21 $50.52 Rosemead* $4.21 $50.52 San Dimas* $4.21 $50.52 South El Monte* $4.21 $50.52 TemnleCity $4.21 $50.52 Walnut $4.21 $50.52 *Consolidated Sewer Maintenance District -Los Angeles County The SWRCB requires that the final SSMP be approved or adopted by the City Council at a public meeting. The reasoning behind this requirement is to ensure that the City Council is aware of the SSMP Program, and potential impacts, such as recotnrnended sewer system improvements, budget needs and new ordinances. Copies of the SSMP 2016 Update and Technical Memorandum -Sewer System Revenue Sufficiency Analysis are available for review at the offices of the City Engineer and City Clerk. ( ( Adoption of Sewer System Management Plan 2016 Update Page 7 of7 -April 18, 2017 OPTIONS: The City Council has the following options: 1. Adopt SSMP 2016 Update as recommended; 2. Direct staff to revise certain elements of the SSMP; or 3. Provide alternate direction. FISCAL IMPACT: There is no fiscal impact associated with the adoption of the SSMP 2016 Update. However, implementation of the Sewer CIP will cost approximately $13.7 million over the next nine years. Depending on the level of funding/scenario selected by the City Council, sewer assessment rates may need to be increased in order to fund the necessary capital improvements. Although sewer charges are exempt from voter approval under Proposition 218, if a new or increased sewer charge is to be imposed more than the Consumer Price Index (CPI), the City Council must conduct a protest hearing 45 days after mailed notice to property owners. If more than 50% of the property owners protest against the fees, the fees may not be imposed. Prepared by: Del o "Chino',;rdics~'.1#' P .E. Public Works D~ity Engineer ( ( AGENDA ITEMNO. 15 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: FROM: Mayor and City Council Chris Freeland City Manager SUBJECT: AMENDMENT TO ORDINANCE NO. 2294-PENALTIES FOR IMPROPER USE OF FIREWORKS RECOMMENDATION: It is recommended that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 2315 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 15-68 (ADMINISTRATIVE FINES), 15-69 (RIGHT TO AN ADMINISTRATIVE HEARING), 15-70 (ADMINISTRATIVE HEARING- PROCEDURES), AND 15-71 (HEARING DECISION -RIGHT TO APPEAL) BACKGROUND: Since 1988, safe and sane fireworks have been banned in the City of West Covina. On April 5, 2016, Ordinance No. 2294 was passed, approved and adopted by the City Council, adding Sections 15-63 through 15-72 to Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Related to Public Health and Safety) of the West Covina Municipal Code, imposing penalties for the improper use of fireworks. DISCUSSION: After Ordinance No. 2294 was approved, the City of West Covina contracted with "Turbo Data" to handle the processing and management of parking and administrative citations to include the collecting of fines, fees, and mitigating citation disputes on the City's behalf. Due to this change, Amendment to Ordinance No. 2294 Page2 of2-April 18,2017 Ordinance No. 2294 needs to be amended to modify the system of fee collection and dispute procedures through the City, to include the new process and procedures through "Turbo Data." Sections 15-68 through 15-71 of the proposed ordinance were amended to reflect this change. Also, a typographical error was discovered in Section 15-68 (C) of the original Ordinance. For the first penalty, the total amount of penalty plus late charge should equal $425.00 instead of the listed $345.00. Prepared by: Support Services Lieutenant Additional Approvals: via e-mail Kimberly Hall Barlow City Attorney ATTACHMENT(S): Attachment No. 1 -Ordinance No. 2294 Attachment No. 2-Proposed Ordinance No. 2315 Approved by: Dou Murray Acting Chief of Police ( ( ATTACHMENT NO. 1 ORDINANCE NO. 2294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTIONS 15-63 THROUGH 15-72 TO ARTICLE III (FIREWORKS) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL CODE IMPOSING PENALTIES FOR THE IMPROPER USE OF FIREWORKS. WHEREAS, Article XI, Section 7 of the California Constitution grants the City of West Covina authority to enact and enforce ordinances for the public welfare; and WHEREAS, Government Code section 53069.4 authorizes the City of West Covina to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty; and WHEREAS, Health and Safety Code section 12557 authorizes the City of West Covina to impose administrative penalties for the use of dangerous fireworks; and WHEREAS, West Covina Municipal Code section 15-62 prohibits the sales, possession or use of safe and sane fireworks in the City of West Covina; and WHEREAS, Health and Safety Code section 12557 provides that a local ordinance relating to dangerous fireworks must either be the model ordinance developed by the State Fire Marshall or must contain certain provisions and be limited to persons who possess or seizures of 25 pounds or less of dangerous fireworks; and WHEREAS, the City Council fmds that both dangerous fireworks and "safe and sane fireworks" can cause injury, fires and damage to both public and private property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: Section 15-63 (Dangerous Fireworks) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: · 15.63 DANGEROUS FIREWORKS Except as provided in Chapter 10 of the West Covina Municipal Code, adopting an amended version of Section 5608.2 of the California Fire Code, the sale, use and discharge of dangerous fireworks is prohibited within the city. SECTION NO. 2: Section 15-64 (Prohibited Conduct) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15.64 PROHIBITED CONDUCT A. Any person who causes, allows, permits, aids, or abets any discharge of fireworks (including a public display) without having first obtained a permit therefor :from the Fire Marshal, including a property owner who knows or should know of the discharge, shall be in violation of this Article, unless otherwise permitted by ordinance. B. Any person who stores fireworks, including those classified as Safe and Sane by the California State Fire Marshal, except as expressly allowed by a permit issued by the Fire Marshall or his designee under Chapter 10 of this Code, shall be in violation of this Article. C. Administrative citation. Upon identification of an unpermitted discharge or illegal storage of fireworks, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge of fireworks. Law enforcement shall notify those responsible persons present at the unpermitted discharge or illegal storage that further violation of the ordinance may result in the issuance of increased fines and assessment of response costs. SECTION NO. 3: Section 15-65 (Purpose) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15.65 PURPOSE A. This Article authorizes the imposition of administrative fmes on any person who violates any provision of this Article or Chapter 10 of this Code in order to encourage and obtain compliance with the provisions of this Article and the City of West Covina' s adopted Fire Code (Chapter 10) for the benefit and protection of the entire community. This Article governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: (i) the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (ii) the use of "safe and sane fireworks" as defmed in California Health and Safety Code Section 12500, et seq. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city. B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of this code by any person. By adopting this Atiicle, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which this city may otherwise pursue. C. The imposition of fmes related to "dangerous fireworks" under this Article shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks. D. Fines collected pursuant to this Article related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. E. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of ( ( ( surrounding properties and to the public health, safety and welfare, this Article imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. SECTION NO. 4: Section 15-66 (Definitions) of Alticle III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15-66 DEFINITIONS For purposes of this Alticle, all words not herein defined shall have the same meanings ascribed to them as under the State Fireworks Law (Health and Safety Code Section 12500, et seq.) and regulations promulgated thereunder. The following definitions apply to the use of these terms for the purposes of this Article: A. "Code" means the West Covina Municipal Code. B. "Code Enforcement Officer" (CEO) means any employee or agent of the City of West Covina designated by the City Manager or City Council to enforce any provision of this code. C. Fireworks shall mean any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. For the purposes of this Alticle, "fireworks" includes both "dangerous fireworks" and "safe and sane fireworks" as defined by the California Health and Safety Code. D. "Issuance" or "Issued" means any of the following: 1. The preparation and service of an administrative fine citation to a citee in the same manner as a sunnnons in a civil action in accordance with Article III ( commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or 2. Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the County Assessor; or 3. By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows: a. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by First Class Mail, postage pre-paid, a copy to the recipient at the address where the copy was left; or b. In the event the responsible party cannot be served by First Class Mail, postage pre- paid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by First Class Mail, postage pre-paid, to the responsible party in violation at the address of the property where the violation exists. E. "Prope1ty" shall mean private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation. F. "Response costs" means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unperrnitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unperrnitted discharge or illegal storage of fireworks including, but not limited to: 1. Salaries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unperrnitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and 2. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and 3. The cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpe1mitted discharge or illegal storage of fireworks. G. "Responsible party" includes, but is not limited to: I. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property; 2. The person(s) in immediate control of the residence or other private property; and 3. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks. If the residence or other private property is rented or leased, the landlord or lessor is not covered by this Article unless they fall within the category of persons described under subsection G.2. or 3., herein above. A landlord or lessor can only be held responsible under subsection G.3. if they have knowledge that fireworks (including a public display) are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Marshal. H. "Residence" or "other private property" means a home, yard, apartment, condominium, hotel or motel room, other dwelling unit, a hall or meeting room, or commercial property, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation. I. "Violation" or "Violates" refers to any violation of any provision of this code as well as means the failure to comply with any additional requirement imposed on any license and/or approval issued to a person under or pursuant to a city ordinance. SECTION NO. 5: Section 15-67 (Issuance of Administrative Citation -Contents) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15.67 ISSUANCE OF ADMINISTRATIVE CITATION-CONTENTS A. Whenever a Police Officer or Code Enforcement Officer (CEO) determines that a violation of the code has occurred, the Police Officer or CEO may issue an administrative citation on a city- approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this Article. ( ( ( B. Furthennore, an administrative fine or fines may be imposed on any person for failure to comply with any condition or requirement imposed on any license and/or approval issued under or pursuant to this code. C. Each administrative citation shall contain the following information: I. The name, mailing address, date of birth, CDL number, and home or business telephone number of the responsible person charged with any violation of this code; 2. The address or description of the location of the violation; 3. The date or dates on which the person violated this code; 4. The section or sections of this code that were violated; 5. A description of the violation(s); 6. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorney's fees; 7. Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely); 8. The names, addresses and telephone numbers of any witnesses to the violation(s); 9. The name and signature of the Officer or CEO who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code; 10. Any other information deemed necessary by the City Manager or his designee for enforcement or collection purposes. SECTION NO. 6: Section 15-68 (Administrative Fines) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15.68 ADMINISTRATIVE FINES A. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of offense in 1 year period Amount of Late Charge Total Amount of Administrative Penalty plus Late Penaltv Charee First $ 1,000 $ 250 $ 1,250 Second $2,000 $ 500 $2,500 Third $3,000 $ 1,000 $4,000 B. A person who fails to obtain a license or approval from the city when such a person is required by the code shall be subject to administrative fme or fines under this Article. Number of offense Amount of Late Charge Total Amount of in 1 year period Administrative Penalty Penalty plus Late Chari!e First $ 500 $ 125 $ 625 Second $1,000 $ 250 $ 1,250 Third $ 1,500 $ 500 $2,000 C. Each person who sells, possesses or uses "safe and sane fireworks" in the City shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of offense in 1 Amouutof Late Charge Total Amount of year period Administrative Penalty Penalty plus Late Charge First $ 350 $75 $ 345 Second $ 700 $ 150 $ 850 Third $1000 $ 300 $ 1,300 D. In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within 3 0 calendar days from the issuance of the administrative fine citation, aod the citee shall be required to abate the violation, aod sunender all daogerous fireworks or the safe and sane fireworks to the CEO, immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed aod must be paid to the city by the citee. Fines not paid within the time established by this Article shall accrue interest at the legal rate. On the second and each subsequent time that a person is issued a citation for the same violation in any 12-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines. E. All administrative fmes and any late charges and interest due shall be paid to the city at such a location or address as stated on the citation, or as may otherwise be designated by the City Manager. Payment of any fine or fines shall not excuse the citee from complying with the provision of the code so violated. The issuance of the citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations aod/or criminal prosecution. F. Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which. may be collected in aoy manner allowed by law for collection of judgments including but not limited to recordation to create a lien on aoy real property owned by the responsible person. The city shall be entitled to recover its attorney's fees aod costs incurred in collecting aoy administrative fines, late charges and/or interest. ( ( ( G. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code. SECTION NO. 7: Section 15-69 (Administrative Hearing) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15-69 RIGHT TO AN ADMlNISTRATIVE HEARING A. Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing on a city-approved form with the City Clerk's office within 30 calendar days from the issuance date of a citation. If the City Clerk's office does not receive the request in the required time period, the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final. B. No fees shall be charged for the filing of a request for a hearing. C. Citees must deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them if the citation is overturned. D. A request for a hearing shall contain the following: 1. The citation number; 2. The name, address; telephone number and any facsimile numbers and e-mail addresses of each person contesting the citation; 3. A statement of the reason(s) why a citation is being contested; 4. The date and signature of the citee(s). E. · The city will notify all persons who filed a request for a hearing in writing by First Class Mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this Article. F. The hearing will be conducted within 60 days of the date a timely and complete request is received by City Clerk's Office. G. If the CEO or Police Officer submits an additional written report concerning the citation to the city for consideration at the hearing, the CEO or Police Officer shall also serve a copy of such repo1t by First Class Mail on the person requesting an administrative hearing no less than 7 calendar days prior to the date of the hearing. Failure to receive said rep01t shall not invalidate the citation or any hearing, city action or proceeding pursuant to this Article. SECTION NO. 8: Section 15-70 (Administrative Hearing Procedures) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15-70 ADMINISTRATIVE HEARING-PROCEDURES A. The hearing officer designated or appointed by the City Manager shall hear all requests for administrative hearings of administrative fmes in accordance with the procedures established herein. The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. B. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The citation is prima facie evidence of the violation, however, and the CEO who issued the citation is not required to attend or participate at the hearing. The citee(s) and CEO, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the city therefore. The hearing officer may question any person who presents evidence or who testifies at any hearing. C. A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in suppmt thereof shall be tendered to and received by the city at least 7 business days prior to the hearing. If the citee fails to attend or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed confirmed. D. Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause. SECTION NO. 9: Section 15-71 (Right of Appeal) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: 15-71 HEARING DECISION-RIGHT OF APPEAL A. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation and shall state the reasons therefor. B. The hearing officer shall serve citee(s) by First Class Mail with a copy of the written decision. The date the decision is deposited with U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, city action or proceeding conducted pursuant to this Article. C. Decisions of the hearing officer are final. D. Right to judicial review. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Comt in accordance with the timelines and provisions set forth in California Government Code Section 53069 .4. SECTION NO. 10: Section 15-72 (Additional Penalties/Response Costs) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby added as follows: ( ( ( 15.72 ADDITIONAL PENALTIES AND RESPONSE COSTS A. Nothing in this Article shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. B. In addition to the penalties described above, any person described in Section 15-64.A. shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00, imprisonment in the county jail for a period not exceeding six months, or both, if the discharge of fireworks: 1. Is a substantial factor in causing harm to persons or property; and 2. Causes serious bodily injury to persons, defined as the serious impairment of physical condition, and may include but is not limited to loss of consciousness, concussion, bone :fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and/or serious disfigurement; and/or 3. Causes damage to real or physical property in excess of$1,000.00. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this Article or any other law, statute, ordinance or regulation. C. City's response costs. A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of this ordinance may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this Article. To incur liability for response costs imposed by this Article, the responsible person for the unpermitted discharge or illegal storage of fireworks need not be present at the event that causes the response giving rise to the imposition of response costs. This Article therefore imposes vicarious as well as direct liability upon a responsible person. D. Recovery of administrative fines and costs. 1. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means, including filing a civil lawsuit. 2. Any person who fails to pay any obligation shall be liable in any action brought by the City for all costs incutTed in securing payment of the delinquent amount, including, but not limited to, administrative costs, and attorneys' fees. 3. Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation. 4. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation. E. State Marshal Cost Recovery. In addition to all other amounts which are authorized to be collected by the City for fines, late charges, penalties, interest or costs, a Responsible Party shall pay to the City, which shall in turn remit the amount to the State Fire Marshal, the actual cost for transportation and disposal by the Office of the State Marshal, to be determined and remitted as set forth in adopted regulations, rules, policies or procedures of the State of California or State Fire Marshal. Unless and until said regulations have been adopted by the State of California, the city shall hold in trust $250 or 25% of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks." SECTION NO. 11: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this ordinance may have a significant effect on the environment. The ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section l5061(b) (3) of Title 14 of the California Code of Regulations. SECTION NO. 12: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION NO. 13: This ordinance shall talce effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law. PASSED, APPROVED AND ADOPTED on this 5th day of April, 2016. APPROVED AS TO FORM: Kimberly · all Barlow City Attorney ~m~ ayor ATTEST: ' I ~~L Nidk~lasls. Lewis .· City Clerk · ( ( I, NICKOLAS S. LEWIS, CITY CLERIC of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 1'1 day of March, 2016. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Johnnson, Warshaw, Wu, Toma Spence None ' . I None ,,---,-::>~C Nickolas 8.Lewis City Clerk ATTACHMENT NO. 2 ORDINANCE NO. 2315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 15-68 (ADMINISTRATIVE FINES), 15-69 (RIGHT TO AN ADMINISTRATIVE HEARING), 15-70 (ADMINISTRATIVE HEARING-PROCEDURES), AND 15-71 (HEARING DECISION -RIGHT TO APPEAL) WHEREAS, Article Xl, Section 7 of the California Constitution grants the City of West Covina authority to enact and enforce ordinances for the public welfare; and WHEREAS, Government Code section 53069.4 authorizes the City of West Covina to malce any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty; and WHEREAS, Health and Safety Code section 12557 authorizes the City of West Covina to impose administrative penalties for the use of dangerous fireworks; and WHEREAS, West Covina Municipal Code section 15-62 prohibits the sales, possession or use of safe and sane fireworks in the City of West Covina; and WHEREAS, Health and Safety Code section 12557 provides that a local ordinance relating to dangerous fireworks must either be the model ordinance developed by the State Fire Marshal or must contain certain provisions and be limited to persons who possess or seizures of 25 pounds or less of dangerous fireworks; and WHEREAS, the City Council finds that both dangerous fireworks and "safe and sane fireworks" can cause injury, fires and damage to both public and private property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: Section 15-68 C. (Administrative Fines) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby amended to read as follows, with regard to the fines for safe and sane fireworks: C. Each person who sells, possesses or uses "safe and sane fireworks" in the City shall be subject to the imposition and payment of an administrative fine or fines as provided below: ( ( ( Number of offense(s) in 1 Amount of Late Charge Total Amount of year period Administrative Penalty plus Late Penalty Charge First $ 350 $ 75 $425 Second $ 700 $ 150 $ 850 Third $1,000 $ 300 $ 1,300 SECTION NO. 2: Section 15-69 (Administrative Hearing) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relatip.g to Public Health and Safety) of the West Covina Municipal Code is hereby amended to read as follows: 15-69 RIGHT TO AN ADMINISTRATIVE HEARING A. Any citee may contest the violation(s), or that he or she is a responsible person, by requesting an administrative hearing within 30 calendar days from the issuance date of a citation. This administrative hearing request shall be done online on the City of West Covina' s website by entering the citation number and following the prompts. For those individuals who do not have access to a computer, they can utilize, free of charge, the ldosks located in the Police Department Lobby and/ or The Plaza (second floor-Police Department Office, adjacent to the Security Office) to complete this function. If the request is not received within the required time period (30 calendar days), the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final. B. No additional fees shall be charged for the filing of a request for a hearing. C. Citees must deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them if the citation is overturned. D. A request for an administrative hearing shall be done online by logging onto the City of West Covina website and providing complete information required by the prompts to request a hearing. E. The citees will be notified via U.S. Mail of a hearing date within 30 days of filing the request. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this Article. F. The hearing will be conducted within 90 days of the date a timely and complete request is received by City Clerk's Office. 15-69 RlGHT TO AN ADMINISTRATIVE HEARlNG SECTION NO. 3: Section 15-70 A. (Administrative Hearing Procedures) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code 15-70 ADMINISTRATIVE HEARING-PROCEDURES A. The designated hearing officer shall hear all requests for administrative hearings of administrative fines in accordance with the procedures established herein. The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. SECTION NO. 4: Section 15-71 B. (Right of Appeal) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby amended to read as follows: 15-71 HEARING DECISION -RlGHT OF APPEAL B. The citee will be notified of the written decision via U.S. Mail. The date the decision is deposited with U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, city action or proceeding conducted pursuant to this Article. SECTION NO. 5: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this ordinance may have a significant effect on the environment. The ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b) (3) of Title 14 of the California Code of Regulations. SECTION NO. 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. ( SECTION NO. 7: This ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law. ( ( PASSED, APPROVED AND ADOPTED on this day of , 2017. --- Corey Warshaw, Mayor ATTEST: CITY CLERK I, , CITY CLERI( of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the_ day of 2017. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the_ day of 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk APPROVED AS TO FORM: City Attorney DATE: April 18, 2017 AGENDA ITEMNO. 16 AGENDA STAFF REPORT City of West Covina I Office of the City Manager TO: Mayor and City Council FROM: Chris Freeland City Manager SUBJECT: AW ARD OF CONTRACT FOR SERVICE AREA 2 TOWING RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a three-year contract for towing in Service Area 2 with Jan's Towing Inc., subject to City Attorney approval. BACKGROUND: In March of 2016, the City Council inquired as to the performance of the City's two towing service providers. The City Attorney submitted a report to the City Council that outlined performance deficiencies with the Service Area 2 provider at that time. The City Council subsequently directed City Staff to: (1) Terminate the Service Area 2 tow provider's contract, and (2) Issue a Request for Proposals (RFP) in order to select an alternate provider. On July 7, 2016, the City terminated its towing contract with Bob's Towing and the current Service Area 1 towing provider, Royal Coaches, assumed responsibility of Service Area 2 to ensure continuity of service. The City of West Covina Police Department issued an RFP on January 3, 2017, through the City of West Covina's website to solicit vendors for towing. The RFP was also sent to 272 subscribers through the City's RFP e-notification system, and published in the San Gabriel Valley Tribune on January 6, 2017. DISCUSSION: After advertising the RFP, five proposals were received by the deadline of January 30, 2017. The objective of the RFP was to select a vendor who can best provide towing service to the City, including the towing of disabled vehicles, lockouts, stored and impounded vehicles at the request of the Police Department, or other relevant services to the community. Award ofRFP for Service Area 2 Towing Contract Page 2 of 6 -April 18, 2017 Contractors were scored according to the revenue and scope of service as outlined in the RFP, with a total point value of 100 points: Rating Category Possible Point Value Revenue to the City 50 Experience 10 Equipment 10 Storage Facility 10 References of Municipalities 10 Auxiliary Equipment 10 Total 100 Points The City's RFP Towing Review Committee (Committee), which consisted of staff from the Police Department, Public Works Department and Community Services Department, also visited each towing yard to conduct a site visit in addition to the evaluation of the written RFP submittals. The onsite visit focused on the evaluation of the storage facilities for inside and outside stored vehicles. The evaluation also included the general and physical condition of the locations, overall lot security, and geographical location with respect to servicing Area 2. The Committee also took notice of the onsite equipment, number and types of vehicles present at the time of the visit, and any onsite auxiliary equipment. Below is a table outlining the RFP results and a summary of each tow contractor's RFP evaluation: Company Jan's Towing Inc. Royal Coaches Navarro's Towing Pepe's Towing Al & Sons Towing Inc. Jan's Towing Inc. 1045 West Kirkwall St. Azusa, CA 91702 Revenue Score 36% of Gross Revenue 99.25 30% of Gross+ 5% bonus 94.5 35% of Gross+ 40%@ 91.3 Check Points 30% of Gross Revenue 77.3 No Specification 48.5 Jan's bid for Service Area 2 was the highest with respect to revenue to the City from all bidders. During the onsite inspection, the Committee noticed how professional the employees were. Jan's has new state of the art equipment that was clean and fully operational. Jan's received an overall score of99.25 out of 100 total points. They are located 4.1 miles from the Police Department and Award ofRFP for Service Area 2 Towing Contract Page 3 of 6 -April 18, 2017 approximately 7.8 miles from a predetermined point of interest (Valley Blvd and Nogales St.) in Service Area 2. Jan's Towing by all accounts is an outstanding tow company. Jan's received favorable responses from their references, their tow yard is equipped with ample storage space to handle hundreds of vehicles, including storage for vehicles held for evidence. Jan's has the overall experience and an adequate number of employees to serve the City of West Covina. In addition, Jan's Towing possessed the most high end specialty towing vehicles out of all the towing companies. Their entire fleet was very impressive and Jan's also provided sufficient security for their property. They take part in the Department of Motor Vehicle Pull Program and their vehicles meet the California Highway Patrol standards. Jan's Towing has had several police towing contracts during their years of service in the towing industry. Jan's Towing is a supporter of community events and believes in giving back to the community it serves. With over 30 years of experience, Jan's Towing meets the requirements of the RFP and they are capable of providing quality service to the City of West Covina. Royal Coaches Auto Body & Towing 14827 Ramona Blvd. Baldwin Park, CA 91706 Royal Coaches Auto Body & Towing's bid for Service Area 2 was the third highest with respect to revenue to the City from all bidders but came in second in the overall RFP results. They are located 2 miles from the Police Department and approximately 8.5 miles from a predetermined point of interest (Valley Blvd and Nogales St.) in Service Area 2. Royal Coaches is the incumbent tow provider and has provided tow service to the City since 2006. During their tenure, they have provided outstanding service to the City of West Covina. During the onsite inspection, the Committee met with personnel for a tour of the facility. There were several newer style trucks onsite, clean and fully operational. Royal Coaches received an overall score of 94.5 out of 100 total points. Currently, Royal Coaches is providing tow service for both Service Area 1 and Service Area 2 in the absence of the previous provider. Royal Coaches has performed extremely well for the City and has generated only one notable complaint which was quickly resolved with no further incidents. Royal Coaches has received favorable responses from their references, their tow yard is equipped with the storage space to accommodate hundreds of vehicles to include secure storage space for vehicles held for evidence. Royal Coaches has over 30 years of experience, an adequate number of employees to serve the City's needs and their facility is protected with sufficient security measures. Royal Coaches has consistently supported City functions, both schools and businesses alike. Royal Coaches is part of the Department of Motor Vehicle Pull Program and its vehicles meet the California Highway Patrol standards. Royal Coaches meets the requirements of the RFP and the company has demonstrated that they are equipped to handle the tow services for the City of West Covina. Award ofRFP for Service Area 2 Towing Contract Page 4 of 6 -April 18, 2017 Navarro's Towing 1122 N. Azusa Canyon Rd West Covina, CA 91 790 Navarro's bid for Service Area 2 was the second highest with respect to revenue to the City from all bidders. During the onsite inspection, the Committee took notice of how clean the location was. The employees were friendly and professional. There were notably fewer tow vehicles than other bidders at their tow yard but they were clean, newer model trucks. Navarro's received an overall score of 91.3 out of 100 total points which was third overall. They are located within the city limits and are 2.1 miles from the Police Department. Navarro's is approximately 6.8 miles from a predetermined point of interest (Valley Blvd and Nogales St.) in Service Area 2. Navarro's received favorable responses from their references. Navarro's tow yard is the second smallest of the group, but there seemed to be enough space to receive and store vehicles. The space designated for evidence was on an elevated platform which requires a ramp or assistance from the tow truck to raise the vehicle into position. This was of some concern to the Committee due to the potential for damage to vehicles, however the Committee has not received any reports that supports any damage has occurred to a vehicle by placing them on the raised platform. Navarro's has adequate security measures in place to protect stored vehicles. Navarro's has 22 years of overall experience, has an adequate number of employees to service the City, and has four locations to pull resources. The company is part of the Department of Motor Vehicle Pull Program and their vehicles meet the California Highway Patrol standards. Navarro's believes in giving back to the community and they support many community organizations from schools to businesses. Navarro's Towing meets the requirements of the RFP and they appear capable of providing quality service to the city. Pepe's Towing 810 E. Main St. Ontario, CA 91762 Pepe's bid for Service Area 2 met the proposed minimum revenue set by the City. The Committee met onsite and were able to view several vehicles in the yard. The trucks were clean and fully operational. Pepe's received an overall score of 77.3 out of 100 total points which was fourth overall. They are located 20 miles from the Police Department and approximately 17 miles from a predetermined point of interest (Valley Blvd and Nogales St.) in Service Area 2. Pepe's has received very favorable responses from their references. They have ample room to hold several hundred vehicles and a secure section big enough to hold several vehicles for evidence. Pepe's has adequate security measures in place to protect all stored vehicles on the lot. Pepe's has over 30 years of overall experience, other locations to pull resources from, and enough employees to handle the City's towing needs. Pepe's has a long standing relationship with the community and has provided support for over 20 years. It is unknown if Pepe's is part of the Department of Motor Vehicle Pull Program, however, Award ofRFP for Service Area 2 Towing Contract Page 5 of 6 -April 18, 2017 their vehicles meet the California Highway Patrol standards. The Committee had concerns over the distance from Service Area 2 to their tow yard, which is more than double of any other provider. There were also concerns over the distance the residents would have to travel to recover their vehicles. During peak traffic, response times and vehicle recovery could be negatively impacted. As part of their deployment, Pepe's stated they would stage a tow truck in the City to accommodate the response time issue and would build a tow yard within or near the City limits to provide better service. Pepe's meets the requirements of the RFP and they have demonstrated that their towing service is equipped to handle the tow services for the City of West Covina. Al & Son's Towing Inc. 2810 Valley Blvd. Pomona, CA 91768 Al & Son's bid for Service Area 2 with respect to revenue was not addressed in the RFP. Al & Son's is a small company with few tow trucks. Upon the Committee's site visit, it was asked of the tow yard representative about the lack of response with respect to the revenue section of the RFP. The Committee was told that the company would meet the proposed minimum revenue set by the City in the RFP. During the onsite inspection, two of the seven trucks were on the lot. They were clean, newer model trucks that were fully operational. Al & Son's is located 10 miles from the Police Department and approximately 6.6 miles from a predetermined point of interest (Valley Blvd and Nogales St.) in Service Area 2. Al & Son's received an overall score of 48.5 out of 100 total points which was fifth overall. Al & Son's have received favorable responses from their references, however, their tow yard is the smallest of the group. On the day of the visit the tow yard had several stored vehicles on the lot. There was enough space to receive additional stored vehicles however, it appeared that an influx of vehicles could cause storage issues. The Committee did not see a place to secure and hold vehicles for evidence. However, we were shown a structure on the lot that could be converted into a secure storage facility to hold approximately four vehicles. This structure is currently being used for personal storage by the owner. The security measures in place to protect stored vehicles on the property were adequate. Al & Son's is family owned and operated and has 19 years of towing experience. The company participates in the Department of Motor Vehicle Pull Program and their vehicles meet the California Highway Patrol standards. The Committee has some concerns with them only having seven vehicles available and providing service to other organizations. Overall, the Committee does not feel Al & Sons would be the best company to properly serve the City of West Covina's towing needs. Conclusion: Jan's is being recommended based on the quality of their storage facility with regard to security, amenities, state of the art vehicles including specialty equipment, and the highest guaranteed revenue to the City of West Covina. Once the City Council selects a vendor, the selected vendor and City Manager ( and other City staff including the City Attorney and City Clerk) will sign a standard professional service agreement. Award ofRFP for Service Area 2 Towing Contract Page 6 of 6 -April 18, 2017 OPTIONS: The City Council has the following options: 1) Authorize the City Manager to execute a three-year contract for towing in Service Area 2 with Jan's Towing Inc. paying the City 36% of gross towing revenue annually; 2) Select a different contractor from the list above; 3) Do not authorize the contract and direct staff to advertise a new RFP to solicit proposals for towing services in Service Area 2; or 4) Provide alternate direction. FISCAL IMPACT: The fiscal impact to the City is difficult to accurately determine because there is no way to know how many vehicles would be towed and released over a one year period. Due to issues with the previous towing contractor, records are incomplete for the current year. Based on the revenue provided to the City of West Covina between July 1, 2015 and June 30, 2016 there were approximately 248 vehicles towed in Service Area 2 by the previous vendor. Estimated annual revenue is anticipated to be approximately $30,000 to $50,000. (Calculated at 1 day storage, plus tow fees.). This is excluding any Lien sales fees. Prepared by: ~~&!_J( llichard Bell Police Captain Reviewed and Approved by: Doug Murray Acting Police Chief ( ( AGENDA ITEMNO. 17 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: FROM: Mayor and City Council Chris Freeland City Manager S~JECT: WEST COVINA CITYWIDE SEWER SERVICE CHARGE SETTING A PUBLIC HEARING DATE ON THE METHOD OF COLLECTION AND FEE INCREASE RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-31-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JUNE 6, 2017, FOR A PUBLIC HEARING ON THE METHOD OF COLLECTION AND FEE INCREASES BACKGROUND: From 1968 to 1978, the CityofWest Covina funded the costs of sewer maintenance and operation through the Improvement Act of 1911, which provided an ad valorem ( according to value) levy used to pay for these costs. With the passage of Proposition 13, the revenues generated from the 1911 Act were reduced considerably and made it necessary to find an alternative method of funding sewer maintenance and operation costs. In Fiscal Year 1978-1979, the City Council established the Citywide Sewer Service Charge pursuant to Section 38902 of the Government Code as that alternative method. The Sewer Service Charge funds the maintenance and operation of the City's sewer system ( assuring that lines are clear and flowing properly. This includes routine video inspections, jetting, and cleaning of sewer lines. The fees also fund capital improvements including the purchase of sewer equipment, and rehabilitation/replacement of sewer mainlines and appurtenances. Citywide Sewer Service Charge Setting A Public Hearing Date Page 2 of 4 -April 18, 2017 The Sewer Service Charge is based on general land use categories: residential and non-residential. A fixed fee is charged for each dwelling unit for residential property and every 667 square feet of floor area for other types of non-residential developments. Additionally, properties not connected to the sewer main lines are exempt from the charge. DISCUSSION: State law requires that a specific procedure be followed to collect the Citywide Sewer Service Charge on the annual property tax bill. The initial step is to adopt a resolution setting a date for a pl,lblic hearing on the proposed rates and method of collection. The proposed hearing date is June 6, 2017. The process requires that a public notice be published in a locally circulated newspaper announcing the public hearing. Mailing notices to each property owner is only required when the charges are increased above the current Consumer Price Index (CPI). Although sewer charges are exempt from voter approval under Proposition 218, if a new or increased sewer charge is to be imposed (more than the CPI), the City Council must conduct a protest hearing 45 days after mailed notice to property owners. If more than 50% of the property owners protest against the fees, the fees may not be imposed. In addition, the property owners are given an opportunity to voice their concerns on the method of collection. The most efficient and least costly method of collecting the Citywide Sewer Service Charge is to place it on the annual property tax bill. The Citywide Sewer Service Charge will then be collected at the same time and in the same manner as the general property taxes. At this time, staff is proposing to increase the Sewer Service Charge by 20% beginning Fiscal Year 2017-2018. The proposed rate increase was based on one of the options analyzed as part of the Sewer System Revenue Sufficiency Analysis in conjunction with the Sewer System Management Plan (SSMP) update as conducted by Willdan Engineering. As part of the SSMP update, Willdan Engineering, in conjunction with the City, identified a series of sewer capital projects that comprise the Sewer Capital Improvement Program (CIP) in the total amount of $13,689,100. In order to reduce the impact of the initial assessment increase, the working capital balance is allowed to fall below 9 months of operating expenses, targeting a working capital balance of 6 months of operating expenses. The proposed annual increase to the Sewer Service Charge is from $56.24 to $67.49 (an increase of about 94 cents per month or $11.25 per year) for residential dwelling units, and per 667 square feet of floor area for commercial units. LEGAL IU:VIEW: The City Attorney has reviewed and approved the resolution. ( ( ( Citywide Sewer Service Charge Setting A Public Hearing Date Page3 of4-April 18,2017 OPTIONS: The City Council has the following options: 1. Adopt staff's recommendation to increase assessment rate by 20% based on the SSMP update Sewer System Revenue Sufficiency Analysis to increase revenues and stabilize the reserves. Because the proposed rate increase is more than the CPI, the City Council must conduct a protest hearing 45 days after mailed notice to the property owners; or 2. Select any of the other three options evaluated as part of the SSMP Update Sewer System Revenue Sufficiency analysis. Copies of the SSMP 2016 Update and Technical Memorandum -Sewer System Revenue Sufficiency Analysis are available for review at the offices of the City Engineer and City Clerk. Because the proposed rate increases are more than the CPI, the City Council must conduct a protest hearing 45 days after mailed notice to the property owners; or 3. Maintain the assessment rates at their current level; reserves would be depleted sooner and result in the need to reduce services or subsidize the district with General Funds. FISCAL IMPACT: For Fiscal Year 2017-2018, the Citywide Sewer Service Charge rates are proposed to be increased by 20% from $56.24 to $67.49 per unit per year and generate an additional $807,816 in sewer service charge. The total proposed sewer rate is projected to generate a total of $3,155,862. In addition, $190,000 is projected to be received from the pre-existing ad valorem and $2,500 from cash balance interest. The total projected revenue is $3,348,362. Including the $1,500,844 balance from the previous year, the total funding available is $4,849,206. The preliminary operating budget for Fiscal Year 2017-2018 is $1,935,344. This includes an administration and overhead charge of $126,463. The administration and overhead costs are derived from support services provided by various departments including: City Manager's Office, City Attorney's Office, City Clerk's Office, Finance Department, and Human Resources Department. Support services include, but are not limited to payroll, personnel recruitment, insurance claims, audits, budgets, and purchasing. In addition, staff is proposing to add four new capital improvement projects, namely: 1) sewer main replacements at a cost of $1,500,000; 2) cured- in-place pipe lining (CIPP) at a cost of$152,600; 3) upgrades to City Hall sewer lift stations at a cost of $600,000; 4) design and installation of Supervisory Control and Data Acquisition (SCADA) controls and back-up generators at a cost of$140,000; and 5) upgrades to Azusa sewer lift station at a cost of $300,000. The total cost of the proposed capital improvement projects is $2,692,600 for Fiscal Year2017-2018. The Preliminary Financial Report for Fiscal Year 2017-2018 contains the following components: 1. Budget Summary and Reserve 2. Estimated Revenue Summary 3. Proposed Charge 4. Revised Projected Reserve (Fiscal Year 2016-2017) Citywide Sewer Service Charge Setting A Public Hearing Date Page4of4-April 18,2017 There are no legal requirements or formal guidelines for the amount of reserves; however, at least 50% is required to cover cash flow. A reserve between I 00% and 200% is recommended by staff to cover cash flow, future capital improvement projects, emergencies, and as a benefit it also provides interest income. Prepared by: ,tff~M -el H7mandez tiblic Works Project Supervisor ATTACHMENTS: Attachment No. I -15 Year Rate History Reviewed and Approved by: D lfino "Chino" 90 unji, P .E. Public Works Dj!ft, tor/ City Engineer ~ Finance Director Attachment No. 2 -Preliminary Financial Rep01i for Fiscal Year 2017-2018 Attachment No. 3 -Forecasted Utility Operating Results -Cash Fund Capital Program; 6 Months Working Capital Attachment No. 4-Resolution No. 2017-31 ( ( ( ATTACHMENT NO. 1 WEST COVINA CITYWIDE SEWER SERVICE CHARGE 15 YEAR RATE HISTORY FISCAL YEAR PER DWELLING PER DWELLING UNIT/MONTH UNIT/YEAR 2016-2017 $ 4.69 $ 56.24 2015-2016 $ 4.61 $ 55.30 2014-2015 $ 4.59 $ 55.02 2013-2014 $ 4.54 $ 54.48 2012-2013 $ 4.44 $ 53.31 2011-2012 $ 4.36 $ 52.26 2010-2011 $ 4.19 $ 50.25 2009-2010 $ 3.81 $ 45.68 2008-2009 $ 2.76 $ 33.10 2007-2008 $ 2.34 $ 28.05 2006-2007 $ 2.16 $ 25.97 2005-2006 $ 2.00 $ 24.05 2004-2005 $ 1.93 $ 23.17 2003-2004 $ 1.90 $ 22.74 ATTACHMENTN0.2 City of West Covina Citywide Sewer Service Charge 2017 /2018 PRELIMINARY FINANCIAL REPORT Intent Meeting: April 18, 2017 Public Hearing: June 06, 2017 W'WILLDAN ( WWILLDAN BUDGET AND REVENUE SUMMARY ( 2017/2018 City of West Covina Citywide Sewer Service Charge Page 1 of 2 ( WwtLLDAN PROPOSED ASSESSMENT RATE For FY 2017/2018, the Citywide Sewer Service Charge rate is proposed to be increased by 20% from $56.24 to $67.49 per unit, per year, for an increase of approximately 94 cents per month or $11.2!5 per year. REVISED PROJECTED RESERVE PRELIMINARY SEWER CHARGE ROLL The FY 2017/18 preliminary se,wer charge roll is voluminous, has been submitted to the City Clerk, and is hereby included by reference. 2017/2018 City of West Covina Citywide Sewer Service Charge Page 2 of2 ATTACHMENT NO. 3 ( ( ,, ( ATTACHMENT NO. 4 RESOLUTION NO. 2017-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JUNE 6, 2017, FOR A PUBLIC HEARING ON METHOD OF' COLLECTION AND FEE INCREASES WHEREAS, Section 3 8902 of the Government Code authorizes a City to establish an annual Sewer Service Charge;,and WHEREAS, pursuant to Section 38902, the City Council of the City of West Covina, adopted Resolution No. 5726 on June 26, 1978, establishing such a Sewer Service Charge exclusively for sewer operation, maintenance, and capital costs, and collects the Sewer Service Charge as part of the annual County Secured Property Tax Bill; and WHEREAS, as part Resolution No. 5726, the City also established that the Sewer Service Charge could be increased or decreased annually as of July 1 of each calendar year based upon the Consumer Price Index ("CPI adjustment" herein); and WHEREAS, as part of Resolution No. 8019, which was adopted by the City Council on April 27, 1987, the City adjusted the schedule of charges to include that the fees collected bear a reasonable relationship to the cost of providing the services; and WHEREAS, the proposed potential adjustment of a 20% increase to the Sewer Service Charge does constitute an "increase" under Proposition 218; and WHEREAS, State law requires a public hearing be held on this method of collecting the Sewer Service Charge. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1. That the City Council of the City of West Covina does hereby declare its intention to collect a Sewer Service Charge as part of the annual County Secured Property Tax Bill, which shall include the proposed potential adjustment of a 20% increase of the Sewer Service Charge for Fiscal Year 2017-2018, and hereby set June 6, 2017, as the date for a Public Hearing on this method of collecting the service charges and the adoption of the proposed Schedule of Charges. The public hearing will be held as follows: Public Hearing at 7:00 P.M. or soon thereafter at City Hall Council Chambers 1444 W. Garvey Avenue South West Covina, California 91790 Schedule of Charges: The proposed annual charge shall be computed on a unit basis in accordance with the following schedule of charges. Rate: $67.49 per unit Residential: One dwelling unit equals one unit Commercial: 667 sq. ft. of floor area equals one unit SECTION 2. That the City Clerk is hereby authorized, designated and directed to give notice of said Public Hearing in time, form, and manner as required by law. SECTION 3. That the San Gabriel Valley Tribune, a daily newspaper of general circulation, published and circulated within the said City of West Covina, California, is hereby designated as the newspaper in which such notice shall be published. SECTION 4. That the City Clerk of the City of West Covina shall certify to the adoption of this resolution. SECTION 5. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under § 15273 of the Guidelines. In addition, the capital improvements proposed for Citywide Sewer Service Charge are of a minor nature and, therefore, categorically exempt from the requirements for Environmental Impact Report as Negative Declaration of Environmental Impact Report. APPROVED AND ADOPTED this 181h day of April, 2017. Mayor Corey Warshaw ATTEST: City Clerk Nickolas S. Lewis I NICKOLAS S. LEWIS HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the l 8tl1 day of Ap1il, 2017, by the following vote of the Council: AYES: NOES: ABSENT: APPROVED AS TO FORM: I<imberly Hall Barlow City Attorney City Clerk Nickolas S. Lewis DATE: Aprill8,2017 AGENDA ITEMNO. 18 AGENDA STAFF REPORT City of West Covina J Office of the City Manager TO: Mayor and City Council FROM: Chris Freeland City Manager SUBJECT: REQUEST FROM MAYOR WARSHAW FOR CITY COUNCIL TO TAKE A FORMAL POSITION OPPOSING AB 186 (EGGMAN) -CONTROLLED SUBSTANCES: SAFER DRUG CONSUMPTION PROGRAM RECOMMENDATION: It is recommended that the City Council take a formal position opposing AB 186, as well as direct staff to inform the Community and Senior Services Commission of Council's adopted position and/or direction regarding supervised ( or commonly called safe) injection sites. BACKGROUND: Community and Senior Services Commissioner Cox requested for an item to be agendized for the March 14, 2017, Community and Senior Services Commission (Commission) meeting regarding "Safe Injection Houses." The item was under Commissioner Reports and in that report, Commissioner Cox provided an overview of what safe injection sites are and their purpose to provide a safe and clean environment, along with supportive services, to help those addicted to drugs. A discussion was had by the Commission about the need for more information regarding illegal drug activity and issues in the community. A motion was made by Commissioner Cox and seconded by Commissioner Kennedy to direct staff to return to a future Commission meeting with more information on safe iajection sites, and if there is a need for them in West Covina. The motion passed 7-3. Subsequently, Mayor Warshaw requested that an item be agendized for discussion by City Council regarding supervised (or commonly called safe) injection sites. DISCUSSION: Formal Position Opposing AB 186 (Eggman) Page2 of3-April 18, 2017 Supervised ( or commonly called safe) injection site facilities are currently illegal under California State law. It is also illegal under Federal law to operate a facility where illegal drugs are used. Assemblywoman Susan Eggman has introduced Assembly Bill (AB) 186 that would allow select counties or cities with the Counties of Alameda, Fresno, Humboldt, Los Angeles, Mendocino, San Francisco, San Joaquin, and Santa Cruz to open up supervised injection sites on a pilot basis. Assemblywoman Eggman introduced a similar bill last year (AB 2495), but it failed to make it out of the committee. AB 186 is currently in the Assembly Committee on Public Safety, after being reviewed by the Assembly Committee on Health. AB 186 (Eggman) Summary: Existing law malces it a crime to possess specified controlled substances or paraphernalia. Existing law makes it a crime to use or be under the influence of specified controlled substances. Existing law additionally makes it a crime to visit or be in any room where specified controlled substances are being unlawfully used with lmowledge that the activity is occurring, or to open or maintain a place for the purpose of giving away or using specified controlled substances. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances. This bill would, until January 1, 2022, authorize specified counties or cities within those counties to authorize the operation of supervised injection services programs for adults that satisfies specified requirements, including, among other things, a space supervised by healthcare professionals or other trained staff where people who use drugs can consume preobtained drugs, sterile consumption supplies, and access to referrals to addiction treatment. The bill would require any entity operating a program under its provisions to provide an annual report to the city, county, or city and county, as specified. The bill would exempt a person from existing criminal sanctions, while he or she is using or operating a supervised injection services program for adults authorized by a city, county, or city and county. According to the West Covina Police Department, there has not been an increase in heroin use in West Covina in recent years. Nationally, however there has been an increase in synthetic heroin sales and use, particularly along the east coast. At the time of this report, The League of California Cities (League) is "watching" AB 186 (Eggman) as it is still in Committee. Organizations that have registered their opposition to AB 186 include: Association for Los Angeles Deputy Sheriffs, California Association of Code Enforcement Officers, California College and University Police Chiefs Association, California Narcotic Officers' Association, California Police Chiefs Association, California State Sheriffs' Association, Los Angeles County Professional Peace Officers Association, Los Angeles Police Protective League, and the Riverside Sheriffs Association. There are currently about 100 safe injection sites open in nine countries: Switzerland, Germany, the Netherlands, Norway, Luxembourg, Spain, Denmark, Australia and Canada. Earlier this year, Seattle and King County in Washington State announced plans to open the first safe injection site in the United States. No specific site locations in Washington or funding for those locations have been announced, as of the time of this report. Formal Position Opposing AB 186 (Eggman) Page3 of3-April 18,2017 The attachments provided are the latest version of the Assembly Bill available, at the time of this report (Attachment No. 1), the bill analysis by the Assembly Committee on Health (Attachment No. 2), and two recent articles regarding the proposed locations in Washington State. FISCAL IMP ACT: There is no fiscal impact associated with taking a formal position opposing AB 186. Prepared by: Approved Via Email Laura Minnich Deputy City Manager Reviewed and Approved by: Nikole Bresciani Community Services Director ATTACHMENTS: Attachment No. 1 -Assembly Bill 186 (Eggman) Dave Faulkner Chief of Police --------·-··--·-·----- Attachment No. 2 -Bill Analysis by Assembly Committee on Health Attachment No. 3 -Article from The Seattle Times dated January 27, 2017 Attachment No. 4-Article from The Washington Post dated January 27, 2017 AMENDED IN ASSEMBLY MARCH 23, 2017 CALIFORNIA LEG1SLATURE-20l7-l8 REGULAR SESSION ASSEMBLY BILL Introduced by Assembly Member Eggman (Principal coauthor: Senator Wiener) (Coauthor: Assembly Member Friedman) January 19, 2017 No.186 An act to add and repeal Section 11376.6 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGEST AB 186, as amended, Eggman. Controlled substances: safer drug consumption program. Existing law makes it a crime to possess specified controlled substances or paraphernalia. Existing law makes it a crime lo use or be under the influence of specified controlled substances. Existing law additionally makes it a crime to visit or be in any room where specified controlled substances are being unlawfully used with knowledge that the activity is occurring, or to open or maintain a place for the purpose of giving away or using specified controlled substances. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances. This bill wcrnlcl at1thc,ri~e a eiey', eotlflt)', or eit) and eOttllt) would, until January 1, 2022, authorize specified counties or cities within those counties to authorize the operation of supervised injection services programs for adults that satisfies specified requirements, including, among other things, a space supervised by healthcare professionals or 98 ATTACHMENT No. 1 ,_ AB 186 -2- other trained staff where people who use drugs can consume preobtained drugs, sterile consumption supplies, and access to referrals to addiction treatment. The bill would require any entity operating a program under its provisions to provide an annual report to the city, county, or city and county, as specified. The bill would exempt a person from existing criminal sanctions while he or she is using or operating a supervised injection services program for adults authorized by a city, county, or city and county. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: I SECTION I. Section 11376.6 is added to the Health and Safety 2 Code, to read: 3 11376.6. (a) Notwithstanding any other law, a eiey, etmnty, 4 or a eity ancl eottney, ni!h or .. i!hout a health clt>j'lartmell:t, the 5 Counties, or cities within the Counties, of Alameda, Fresno, 6 Humboldt, Los Angeles, Mendocino, San Francisco, San Joaquin, 7 and Santa Cruz, may approve entities to establish and operate a 8 safer drug consumption program for persons 18 years of age or 9 older that satisfies the requirements set forth in parf1,i;rfljlh 10 subdivision (b). 11 (b) In order for an entity to be approved to operate a safer drug 12 consumption program pursuant to this section, the entity shall 13 demonstrate that it will, at a minimum: 14 (1) Provide a space supervised by heal+heare health care 15 professionals or other trained staff where people who use drugs 16 can conswne preobtained drugs. 17 (2) Provide sterile consumption supplies, collect used 18 hypodermic needles and syringes, and provide secure hypodermic 19 needle and syringe disposal services. 20 (3) Answer questions on safe consumption practices. 21 ( 4) Administer first aid, if needed, monitor participants for 22 potential overdose, and provide treatment as necessary to prevent 23 fatal overdose. 24 (5) Provide access or referrals to addiction treatment services, 25 medical services, and social services. 26 ( 6) Educate participants on the risks of contracting mv and 27 viral hepatitis. 98 -3-AB 186 1 (7) Provide overdose prevention education and access to or 2 referrals to obtain naloxone. 3 (8) Educate participants regarding proper disposal ofhypodermic 4 needles and syringes. 5 (9) Provide reasonable security of the program site. 6 (10) Establish operating procedures for the program that are 7 publicly noticed, including, but not limited to, standard hours of 8 operation, a minimum number of personnel required to be on site 9 during those hours of operations, an established maximum number 10 of individuals that can be served at one time, and an established 11 relationship with the nearest emergency care facility, as well as 12 eligibility criteria for program participants. 13 (11) Train staff members to deliver services offered by the 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 program. (12) Establish a good neighbor policy to address neighborhood concerns and complaints. (13) Establish a policy for informing local government officials and neighbors about the approved entity's complaint procedures, and the contact number of the operator of the approved entity. ( c) An entity operating a safer drug consumption program under this section shall provide an annual report to the approving city, county, or city and county at a date set by the city, county, or city and county which shall include: (1) The number of program participants. (2) Aggregate information regarding the characteristics of program participants. (3) The number of hypodermic needles and syringes distributed for use onsite. ( 4) The number of overdoses experienced and the number of overdoses reversed onsite. (5) The number of individuals directly and formally referred to other services and the type of service. ( d) Notwithstanding any other law, a person or entity, including, but not limited to, property owners, managers, employees, volunteers, and clients or participants, shall not be arrested, charged, or prosecuted pursuant to See!itms Section 11350, 11364, 11365, 11366, 11366.5, or 11377, or subdivision (a) of Section 11550, including for attempt, aiding and abetting, or conspiracy to commit a violation of any of those sections, or have his or her property subject to forfeiture, or otherwise be penalized solely for 98 AB 186 -4- 1 involvement in a safer drug consumption services program 2 approved by a city, county, or a city and county pursuant to 3 subdivision (a). 4 (e) This section shall remain in effect only until January 1, 2022, 5 and as of that date is repealed. 0 98 ATTACHMENT No. 2 Date of Hearing: March 21, 2017 ASSEMBLY COMMITIEE ON HEALTH Jim Wood, Chair AB 186 (Eggman) -As Introduced January 19, 2017 SUBJECT: Controlled substances: safer drug conswnption program. AB 186 Page 1 SUMMARY: Permits a city, county, or a city and county, with or without a health department, to approve entities to establish and operate a safer drug consumption program for persons 18 years of age or older, as specified. Specifically, this bill: 1) Authoriz.es a city, county, or city and county to approve entities to establish and operate a safer drug consrnnption program for persons age 18 or older. 2) Requires an entity that is approved by a city, county, or a city and county, to operate a safer drug consumption program if it fulfills the following minimum requirements: a) Provide a space supervised by healthcare professionals or other trained staff where people who use drugs can consLUTie pre-obtained drugs; b) Provide sterile consumption supplies, collect used hypodermic needles and syringes, and provide secure hypodermic needle and syringe disposal services; c) Answer questions on safe consmnption practices; d) Administer first aid, if needed, monitor participants for potential overdose, and provide treatment as necessary to prevent futal overdose; e) Provide access or referrals to addiction treatment services, medical services, and social services; f) Educate participants on the risks of contracting HIV and viral hepatitis; g) Provide overdose prevention education and access to or referrals to obtain naloxone; h) Educate participants regarding proper disposal of hypodermic needles and syringes; i) Provide reasonable security of the program site; j) Establish operating procedures for the program as well as eligibility criteria for program participants; and, k) Train staff members to deliver services offered by the program. 3) Requires an entity operating a safer drug consmnption program to provide an annual report to the approving city, county, or city and county that must include: a) The nLUTiber of program participants; b) Aggregate information regarding the characteristics of program participants; c) The number of hypodermic needles and syringes distributed for use onsite; AB 186 Page 2 d) The number of overdoses experienced and the number of overdoses reversed onsite; and, e) The number of individuals directly and formally rererred to other services and the type of service. 4) Prohibits, a person or entity, including, but not limited to, property owners, managers, employees, volunteers, and clients or participants from being charged, or prosecuted as specified, including for attempt, aiding and abetting, or conspiracy to comnit a violation, or have his or her property subject to forfeiture, or otherwise be penalized solely for involvement in a safer drug consumption services program, as specified. EXISTING LAW: 1) Establishes the California Uniform Controlled Substances Act, which strictly regttlates the distribution of controlled substances within California. 2) Prohibits the prescription, administration, or dispensing of a controlled substance to an addict, except under certain circumstances. 3) Defines "opioid overdose prevention and treatment training program'' as any program operated by a local health jurisdiction or that is registered by a local health jurisdiction to train individuals to prevent, recognize, and respond to an opiate overdose, and that provides, at a minimum, training in all of the following: a) The causes of an opiate overdose; b) Mouth to mouth resuscitation; c) How to contact appropriate emergency medical services; and, d) How to administer an opioid antagonist. 4) Permits a licensed health care provider who is authorized by law to prescribe an opioid antagonist to, if acting with reasonable care, prescribe and subsequently dispense and issue standing orders for the distribution of an opioid antagonist to a person at risk of an opioid- related overdose or to a fumily member, friend, or other person in a position to assist a person at risk of or reasonably suspected of experiencing an opioid-related overdose. 5) Requires a person who is prescribed or possesses an opioid antagonist pursuant to a standing order to receive the training provided by an opioid overdose prevention and treatment training program. 6) Specifies that a person who is prescribed an opioid antagonist directly from a licensed prescriber is not required to receive training from an opioid prevention and treatment training program. 7) Exempts specified persons from being subjected to a civil action or criminal prosecution for issuing a prescription or order, possession, distribution, or administration of opioid antagonist, as specified. ,_ AB 186 Page 3 8) Exempts a person who possesses or distributes an opioid antagonist pursuant to a prescription or standing order, and a person who is trained to administer an opioid antagonist and who acts within reasonable care in administering an opioid antagonist, in good faith and not for compensation, from being subject to professional review, liability in a civil action, or from being subject to criminal prosecution for this administration, possession, or distribution. FISCAL EFFECT: None. COMMENTS: 1) PURPOSE OF TIDS BILL. According to the author, across the United States, heroin and opiate use and overdose is on the rise. Legislation in many states, including California, has improved access to sterile needles to prevent the spread of HIV and viral hepatitis; broadened the use of the life-saving drug naloxone, which reverses the impact of opiate overdose; and, expanded the use of effective treatment and drug diversion programs. However, with 125 Americans dying every day, and California hospitals treating one overdose every 45 minutes, we must continue to look for innovative strategies for addressing this epidemic. The author states that this bill would extend the harm reduction strategies we are already using in Califomia by enabling local health jurisdictions to permit programs to provide drug users a safe and hygienic space to use pre-obtained drugs under the supervision of trained staff, in order to save lives, connect individuals with vital services like detoxification, treatment, medical care, and housing, and reduce public nuisance and safety concerns such as improperly disposed syrk1ges. Approxknately I 00 such programs are currently operating in 66 cities around the world in IO countries (Switzer land, Germany, the Netherlands, Norway, Luxembourg, Spain, Denmark, France, Australia, and Canada). The author referred to extensive scientific research on these programs demonstrating that they reduce overdose mortality and transmission of infectious diseases, public injection, litter from drug use, and public nuisance, all while increasing access to treatment, safe use behaviors, and entrance into detoxification services. For example, in Canada, a supervised consumption facility made more than 2,000 referrals to community-based services: 37% were for addiction counseling; 12% for detoxification; 16% for community health centers; 4% for methadone maintenance therapy; and, 3% for long-term recovery houses. The research also shows no increase in the number of people who use drugs, drug trafficking or consumption crimes, or relapse rates. A simulation of the population of Vancouver suggests that their program has contributed to the prevention of 1,1911-IIV infections and 54 hepatitis C virus infections, and saved over 1,300 years of life and $14 million. A recent study in California projects that a single supervised consumption program could save $3.5 million in San Francisco annually. 2) BACKGROUND. In June of2016, the Department of Public Health (DPH) released a report entitled, "The State of California Strategies to Address Prescription Drug (Opioid) Misuse, Abuse, and Overdose Epidemic in California" (DPH Report). According to the DPH Report, in Califurnia, all opioid-related deaths increased by 34% from 2006 to 2009 from an age-adjusted rate of3.3 to 4.4 per 100,000. By 2013, tl1ere were 1,934 opioid-related deaths in California (4.2/100,000). Opioid pharmaceutical-related deaths also showed a peak of 1,616 deaths in 2009 and represented 82% of the total opioid-related deaths. In 2013, the rate was 3.1 per 100,000 but pharmaceutical opioids accounted for only 73% of all opioid- AB 186 Page 4 related deaths. As also seen nationally, heroin-related deaths in Califurnia have increased by 67% since 2006 with a 2013 age-adjusted rate of!.! per 100,000. By 2013, heroin-related deaths in California accounted for 25% of all opioid-related deaths. California data mirror the increasing national trends in opioid-related deaths through 2009 but have leveled off over the past five years. The exception to this trend is heroin, which appears to have spilrnd in 2013. a) California Heroin Overdose Epidemic. According to the Office of Statewide Health and Planning Development (OSHPD) data, emergency department (ED) encounters for individuals with heroin poisoning have increased dramatically since 2005. Overall, ED visits among heroin users of all ages increased, but the sharpest was among the state's young adults aged 20 to 29. About 1,300 ED visits by California's millennials poisoned by heroin were logged in 2015 compared with fewer than 1,000 in 2012. For individuals aged 30 -39, ED encounter rates rose from approximately 400 in 2012 to 600 in 2014. All other age groups experienced a small increase in encounter rates. b) Opioids and Opioid Abuse. Opioids are a class of narcotic drugs that include medications such as hydrocodone (e.g. Vicodin), oxycodone (e.g., OxyContin, Percocet), morphine (e.g., Kadian, Avinza) codeine, and other related drugs. Taken as prescribed, opioids can be used to manage pain safely and effectively. However, opioids may also produce other efrects, and according to the National Institute on Drug Abuse (NIDA), some individuals experience a euphoric response to opioid medications since these drugs affect the regions of the brain involving reward response. NIDA states that those who abuse opioids may seek to intensify their experience by taking the drug in ways other than those prescribed. For example, Oxycontin is an oral medication used to treat moderate to severe pain through a slow, steady release of the opioid. However, NIDA states that people who abuse the drug may crush or dissolve the drug in order snort or inject it, thereby increasing their risk fur serious medical complications, including overdose. NIDA states that when abused, even a single large dose of opioids can cause severe respiratory depression and death According to DPH, in the past, prescription opioids were prescribed for relieving short- term, acute pain. However, today, they are increasingly being used for long-term (chronic) pain management. As a result, sales of opioid pain relievers quadrupled in the past 10 years. By 2010, enough opioid pain relievers were sold to medicate every American adult (about 240 million people) every four hours for an entire month. DPI-I states that in California, deaths involving opioid prescription medications have increased 16.5% since 2006. In 2012, there were more than 1,800 deaths from all types ofopioids, and 72% involved prescription opioids. c) Supervised Injection Facilities. Supervised llliection facilities (SIFs), also known as supervised injection sites and drug consumption rooms (DCRs) are controlled health care settings where drug users can iaject their own personally acquired illicit drugs under supervision and receive health care, coU11Se!ing and refurral to social, health, and drug use treatment services. At the beginning of 2009 there were 92 facilities operating in 61 cities, including 30 cities in the Netherlands, 16 cities in Germany and 8 cities in Switzerland. Demnark passed a Jaw allowing municipalities to run "fix rooms" in 2012, and by the end of 2013 there were three open. Below are examples of such facilities: AB 186 Page 5 i) Vancouver, Canada. INSITE, in Vancouver, Canada, became the first SIF established in North America in 2003. IN SITE was designed as part of a continuum ofcare for people with addiction, mental illness and HIV/AIDS. For many iqjection drug users living in the area, housing is either unstable or nonexistent and having a safe, clean place to inject drugs prevents people from transmitting infectious diseases and provides the opportunity to access health care services, including primary care and addiction treatment. In 2015, INSITE had 263,713 visits to the site by 6,532 unique individuals with an average of722 visits per day and an average of 440 injection room visits per day. There were 5,359 clinical treatment interventions, and 5,368 referrals to other social and health services. Additionally, there were 464 admissions into their adjoining detox treatment facility, which recorded a program completion rate of 54%. ii) Boston, Massachusetts. In April 2016, the Boston Health Care for the Homeless Program (BHCHP) opened the "Supportive Place for Observation and Treatment" or "SPOT." SPOT provides people with opioid use disorder a safe space where they are monitored during periods of sedation after taking substances. The SPOT is not a safe injection facility -injection of substances is not permitted on-site. Participants are also offured connection to medical and addiction services. This innovative "harm reduction" approach aims to reduce the risk of overdose and is one strategy in a continuum of care to help address the growing opioid crisis among vuh1erable populations. BHCHP anticipates serving approximately 300 people through the SPOT over the course of a year. iii) Seattle and King County, Washington. In January 2017, officials in Seattle and King County, Washington voted to create two safe-consumption sites for drug users, the first of their kind in the country, as part of an eff01t to halt the surge of heroin and prescription opioid overdose deaths in the region. The sites will be stocked with opioid antagonists and aim to save lives and connect people dealing with addiction to treatment services. The vote to approve the facilities is part of efforts to implement all of the recommendations made by the joint city and county Heroin and Prescription Opiate Addiction Task Force that met throughout 2016. Other recommendations of the task force include: (1) Promote safe storage and disposal of medications; (2) Leverage and aug111ent existing screening practices in schools and health care settings to prevent and identify opioid use disorder; (3) Create access to buprenorphine in low-barrier modalities close to where individuals live for all people in need of services; (4) Develop treatment on demand for all modalities of substance use disorder treatment services; and, (5) Alleviate barriers placed upon opioid treatment programs, including the number ofclients served and siting ofclinics. d) Potential Cost Reduction. An article published in the Journal of Drug Issues titled, "A Cost-Benefit Analysis of a Potential Supervised Injection Facility in San Francisco, Califurnia, USA" by Irwin, Jozaghi, Bluthenthal, and Kral (ltwin study) discusses the esti1mted economic costs and benefits of establishing a potential SIF in San Francisco. Using mathematical models that combine local public healtl1 data with previous research AB 186 Page 6 on the effects of existing SIPs, the Irwin study considers potential savings from five outcomes: averted HIV and hepatitis C virus infections, reduced skin and soft tissue infection, averted overdose deaths, and increased medication-assisted treatment uptake. The study concludes that each dollar spent on a SIP would generate $2.33 in savings, for total annual net savings of $3 .5 million for a single 13-booth SIP. The Irwin study analysis suggests that a SIP in San Francisco wottld not only be a cost-effective intervention but also a significant boost to the public health system. e) Recent substance use treatment reforms. On August 13, 2015, the Department of Health Care Services (DHCS) announced that the Centers for Medicare & Medicaid Services (CMS) approved California's Drug Medi-Cal Organiz.ed Delivery System (DMC-ODS) Waiver. Counties participating in the DMC-ODS waiver program will administer, or arrange for, substance use disorder treatment for Medi-Cal beneficiaries. The DMC-ODS demonstration will be approved for five years. The DMC-ODS waiver provides a continuum of care modeled after the American Society of Addiction Medicine (ASAM) Criteria for substance use disorder (SUD) treatment services. As part of their participation in the DMC-ODS, CMS requires all residential providers to meet the ASAM requirements and obtain a DHCS-issued ASAM designation. The ASAM criteria is a nationally accepted set of treatment criteria for SUD care and is being adopted beyond Medi-Cal beneficiaries as the SUD industry standard. As ofMarch 14, DHCS has designated 168 residential alcohol and/or other drug treatment fucilities with the appropriate ASAM level of care. DHCS has initiated a phased-in implementation of the DMC-ODS waiver and established five regions throughout the state. DHCS determined the order of implementation based on location, population, and cotmty and provider readiness, in five phases. f) Federal Controlled Substances Act. The Federal Controlled Substances Act prohibits knowingly opening, leasing, renting, using, or maintenance of any place, whether permanently or temporarily, for the purpose of manufucturing, distributing, or using any controlled substance. Additionally, it is unlawful to manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mmtgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufucturing, storing, distributing, or using a controlled substance. The provisions of this bill would appear to be inconsistent with federal law. 3) SUPPORT. The American Civil Liberties Union of California (ACLU) states in support of the bill that supervised consumption services have been shown to reduce health and safety problems associated with drug use, including public drug use, discarded syringes, HIV and hepatitis infections, and overdose deaths. People who used such programs in Canada were more likely to enter treatment and to stop using drugs. The ACLU argues that this bill provides narrow exemptions to certain controlled snbstances laws for programs permitted by cities or counties and would allow communities to choose to offer these effective and safe programs. The California Association of Alcohol and Drug Program Executives, Inc., (CAADPE) states tl1at this is a common-sense public health and public safety approach to harms-related drug use and follows California's successful model for needle exchange programs that began with ,_ AB186 Page 7 the same model, which is, authorizing local communities to make their own decisions about harm reduction programs. CAADPE states that under this bill, local health officials will be able to permit local programs to prevent drug overdose deaths, prevent public drug use, curb the transmission of diseases including IDV and Hepatitis-C, and provide effective referrals for treatment to people who inject drugs. The California Consortiwn of Addiction of Programs and Professionals (CCAPP) states that addressing the harm caused when addicts self-administer drugs orally or by irtjection in unsupervised and dangerous environments is a life and death effurt. Death and injury for thousands of Californians each year calls for urgent attention to this matter. CCAPP concludes that regardless of a client's motivation to seek treatment at any particular given time, the need to preserve li:fe and reduce the impact of overdose is a necessity. 4) OPPOSITION. The California Police Chiefs Association (CPCA) states in opposition to this bill that while these locations may remedy immediate symptoms of drug use, such as public irtjection and litter, they fall short in supporting long-term healing. Harm reduction devoid of a path to treatment and medical care does not reduce harm in the long term, something we are committed to. CPCA states that this bill will put California law enforcement in the inappropriate position of enforcing a state law at odds with federal law. While the federal government has opined on the issue of state marijuana laws diverging from :federal law, there has been no indication that the federal goverrnnent will take a hands-off approach surrounding safe irtjectio n sites. The California State Sheriffs' Association (C SSA) states in opposition to this bill that existing law prohibits the possession of drug paraphernalia, being in a location where controlled substances are being used, and being under the influence of controlled substances. CSSA also argues that this bill would exempt specified persons from criminal liability for these offenses in order to permit local goverrnnents to allow the operation of "sa:fe drug consumption programs." 5) PREVIOUS LEGISLATION. a) AB 2495 (Eggman) of 2016, would have decriminalized conduct connected to the use and operation ofan adult public health or medical intervention facility that is permitted by state or local health departments and intended to reduce death, disability, or injury due to the use of controlled substances. AB 2495 was held in the Assembly Public Safety Committee. b) SB 41 (Yee), Chapter 738, Statutes of 2011, authorizes a county or city to authorize a licensed pharmacist to sell or fornish 10 or :fewer hypodermic needles or syringes to a person 18 or older for human use without a prescription. c) AB 635 (Amrniano), Chapter 707, Statutes of 2014, expands the pilot program authorized by SB 767 (Ridley-Thomas), Chapter 477, Stattrtes of 2008, by removing the restriction to only seven cow1ties, authorizing licensed health care providers to also prescribe naloxone to third parties (fumily members, friends, or other persons in a position to assist a person at risk of an opioid-related overdose), as well as to issue standing orders for the distribution and/or administration of naloxone. AB 186 Page 8 d) AB 2145 (Ammiano), Chapter 545, Statutes of 2010, expands who can administer opioid antidote to include persons not otherwise licensed to administer an opioid antidote, in an emergency without fee, as specified, and extends the provisions of SB 767 to 2015. e) SB 767 authorizes, until January 1, 2011, a pilot project in the counties of Alameda, Fresno, Humboldt, Los Angeles, Mendocino, San Francisco, and Santa Cruz . which authorized a licensed health care provider, who is already permitted pursuant to existing law to prescribe an opioid antagonist, as de:fined, if acting with reasonable care, to prescribe and subsequently dispense or distribute an opioid antagonist in co1~unctio n with an opioid overdose prevention and treatment training program, as de:fined, without being subject to civil liability or criminal prosecution. Requires a local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program to collect prescribed data and report it to the legislature as speci:fied by January 1, 2010. f) SB 1159 (Vasconcellos), Chapter 608, Statutes of 2004, establishes a five-year pilot program to allow California pharmacies, when authorized by a local government, to sell up to 10 syringes to adults without a prescription. 6) SUGGESTED AMENDMENTS. a) Limit Participating Counties & Sunset. This bill permits the establishment of safer drug consumption programs to safely supervise drug consumers. While the City of Seattle has authorized the establishment of a facility, it is not yet in operation and no other similar program has been established in the United States. In an effort to evaluate the effectiveness and public bene:fit of these programs, the Committee may wish to limit the application of this bill to counties with demonstrated need and/or desire to establish such a pilot. b) Additional Specification. The Committee may wish to consider specifying requirements for entities established by this bill, including: i) Establishing a good neighbor policy; ii) Requiring the notification of local governments and neighbors about complaint procedures; iii) Standard operating hours; iv) Establishing a minimum number of required staff on site; and, v) Establishing relationship with the nearest emergency care facility. c) Mental Health Referrals. This bill authorizes established safer drug consumption programs to provide access or referrals to addiction treatment services. The Committee may wish to consider including mental health treatment services to the list of services to which SIFs must provide access or referrals. 7) DOUBLE REFERRAL. This bill is double referred, upon passage of this Connnittee, it will be referred to the Assembly Committee on Public Safety. REGISTERED SUPPORT /OPPOSITION: Support Drug Policy Alliance (sponsor) Aegis Treatment Centers AIDS Community Research Conso1tium American Civil Liberties Union of California A New PATH APLA Health California Association of Alcohol and Drug Program Executives, Inc. California Consortium of Addiction Programs and Professionals California Hepatitis Alliance California Psychiatric Association California Opioid Maintenance Providers Center for Living and Learning Coalition on Homelessness San Francisco Dataway Gender Health Center -Sacramento Equality California Harm Reduction Services HealthRIGHT 360 HEPPAC Homeless Healthcare LA Homeless Youth Alliance Humboldt Area Center for Hann Reduction Law Enforcement Action Partnership Los Angeles Overdose Taskforce Los Angeles LGBT Center Los Angeles Regional Reentry Project National Association of Social Workers National Viral Hepatitis Roundtable Orange County Needle Exchange Program Positive Women's Network Project Inform Tarz.ana Treatment Centers The Glide Foundation The Gubbio Project San Francisco AIDS Foundation St. Anthony Foundation Saint Francis Foundation St. James Infirmary Union Station Homeless Services Opposition Association for Los Angeles Deputy Sheriffs California Association of Code Enforcement Officers California College and University Policy Chiefs Association California Narcotic Officers' Association AB 186 Page 9 California Police Chiefu Association, Inc. California State Sheriffs' Association Los Angeles Collllty Professional Peace Officers Association Los Angeles Police Protective League Riverside Sheriffs Association Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 AB 186 Page 10 ATTACHMENT No. 3 <!r~e Seattle <!rtmes Crime Seattle, l{ing County move to open nation's first safe injection sites for drug users f Ill w Originally published January 27, 2017 at 1:32 pm Updated January 28, 20·17 at 11:22 am p Search King County Executive Dow Constantine, left, and Mayor Ed Murray presented eight recommendations to focus on prevention, increasing access to treatment on demand and reducing the number of fatal overdoses. At right is King County public health officer Jeff Duchin, MD. Hidden behind Duchin is King County Sheriff John Urquhart. (Greg Gilbert/The Seattle Times) Seattle and King County want to create two safe sites for people dealing with addiction to consume or inject drugs, the first of their kind in the country, Mayor Ed Murray and County Executive Dow Constantine announced. But no locations or funding have been identified yet. By David Gutman 'ii Seattle Times staff reporter Seattle and King County will create two safe-consumption sites for drug users, the first of their kind in the country, as part of an effort to halt the surge of heroin and prescription opioid overdose deaths in the region, Mayor Ed Murray and County Executive Dow Constantine announced Friday. The sites, stocked with the overdose-reversing drug naloxone, aim to save lives and connect people dealing with addiction to treatment services. Murray and Constantine said they will move forward with all the recommendations of the Heroin and Prescription Opiate Addiction Task Force that they convened last year, the most controversial of which are the safe drug-use sites. Other recommendations include increasing access to naloxone and medication assisted treatment drugs like Suboxone. Most Read Stories 0 • Lawsuit alleges Seattle Mayor Ed Murray sexually abused troubled teen in 1980s liill WATCH Ex-Seahawk fights team over painkiller handouts that kept him playing NFL games while hurt liill WATCH Powerful storm moves through Puget Sound region after 60 mph gusts hit Oregon C, Jury: Virginia Mason should pay couple $8.5M in disfigured-penis case C, Why we are publishing the allegations against Mayor Ed Murray, but didn't in 2008 "The crisis is growing beyond anything we have seen before," Murray said. "We can do something about that." No locations or funding have been announced, but Murray said the first of the two sites will be in Seattle, and the second will be outside the city. He also acknowledged that getting funding may be more difficult with the new presidential administration. There are still big battles to come, as an "implementation work group," chaired by Patty Hayes, the director of Public Health -Seattle and King County, tries to determine funding and locations for the sites, which are likely to spur protests from surrounding neighborhoods. "These things have to exist, physically, somewhere," said Daniel Malone, director of the Downtown Emergency Service Center, and a task force member. "There is significant trepidation about a location becoming an area that gets really damaged by having this particular activity happen there." Both Murray and Constantine were resolute that they could deal with any political blow back caused by the locations of the sites. "Whatever our discomfort with this as elected officials, as a community, put yourself in the place of a parent who is trying to save his or her child," Constantine said. "We can put up with a little discomfort in order to be able to help that family heal and help that child recover." Said Murray: "Our biggest challenge is ahead of us, making it operational." The sites aim to quell the flood of overdose deaths and to connect drug users with health care and long-term treatment. They also aim to move drug abuse off sidewalks and out of alleys. More than 600 used needles were found in Seattle's urban core in November, said Brad Finegood, a task force member with the county Department of Community and Human Services. "People use drugs all throughout our country," said Caleb Banta-Green, a public health professor at the University of Washington specializing in drug abuse, and a task force member. "People use in public; they don't want to use in public, and the public doesn't want them using in public." Although no such sites exist in the United States, Vancouver, B.C., has had one since 2003. Drug users come to get clean needles and inject in a safe, supervised environment. Naloxone is used multiple times a day and is credited with preventing nearly 5,000 overdoses at the site in Vancouver. But the site has not stopped overdose deaths outside its walls. There were 914 overdose deaths in British Columbia, which has about double the population of King County, in 2016. That's a record number, one largely driven by the rise of fentanyl, a powerful synthetic painkiller that is as much as 100 times more powerful than morphine. Heroin overdoses killed 132 people in King County in 2015. The death toll rises to 209 when overdoses from prescription opioids -which are, molecularly, virtually identical to heroin -are included. In the state Legislature, Sen. Mark Miloscia, R-Federal Way, has introduced legislation that would ban safe injection sites throughout the state. "We must stop the push for decriminalization of drugs," Miloscia said earlier this month. "Standing idly by while addicts abuse illegal drugs is not compassionate, and it does not solve the problem." Another potential complication: While local law enforcement is on board with the sites and Gov. Jay Inslee has said they are a local decision, the task force has not consulted with any federal agency to discuss a possible federal law-enforcement reaction. Task-force members compared the consumption sites to needle-exchange programs, which the federal government initially opposed but nevertheless allowed localities to implement. "This is an extension of our needle exchange. We're treating this as a local issue and we're using tools that we have," said Dr. Jeff Duchin, the county public health officer and the task force's co-chair. "We don't routinely, and we haven't in this case, consulted any other authority, and we don't think we need to." David Gutman: 206-464-2926 or dgutman@seattletimes.com. On Twitter @davidlgutman Email Newsletter Sign-up Custom-curated news highlights, delivered weekday mornings. address ATTACHMENT No. 4 Politics Awash in overdoses, Seattle creates safe sites for addicts to inject illegal drugs By Katie Zezima January 27 Officials in Seattle on Friday approved the nation's first "safe-injection" sites for users of heroin and other illegal drugs, calling the move a drastic but necessary response to an epidemic of addiction that is claiming tens of thousands of lives each year. The sites -which offer addicts clean needles, medical supervision and quick access to drugs that reverse the effects of an overdose -have long been popular in Europe. Now, with the U.S. death toll rising, the idea is gaining traction in a number of American cities, including Boston, New York City and Ithaca, N.Y. While opponents say the sites promote illegal drug use, supporters say they can keep people alive and steer them toward treatment. They compare supervised injection facilities to the needle exchanges that became popular in the 1980s and 1990s as a way to stanch the spread of HN and hepatitis C among intravenous drug users. "These sites save lives and that is our goal in Seattle/King County," Seattle Mayor Ed Murray (DJ said in a statement. The sites are not currently legal under federal law, according to Kelly Dineen, a professor of health law at Saint Louis University School of law. A provision of the Controlled Subs!~ces Act makes it illegal to operate facilities where drugs are used, she said. According to the Centers for .Q\§.<:~<c.<;:s,ntr()La11dJ'reyentio11, a record 33,000 people died from opioid overdoses in 2015. Opioids now kill more people each year than car accidents. In 2015, the number of heroin deaths nationwide surpassed the number of deaths from gun homicides. In addition to heroin, the deaths are caused by powerful prescription painkillers and fentanyl, a synthetic opiate so potent a tiny amount can ldll people within minutes -leaving little time for help to arrive. "If you want to really bend this curve of death, [safe injection sites are] going to have to be part of the strategy," said Jessie Gaeta, chief medical officer of the Boston Health Care for the Homeless Program, which treats many victims of overdose. In Seattle, the King County Board of Health voted unanimously earlier this month to endorse two sites, one to be located in the city and the other to be located in the surrounding county. Murray and King County Executive Dow Constantine (DJ gave them final approval Friday. In 2015, 132 people died of heroin overdoses in the connty. "We see this as a public health emergency," said Jeff Duchin, the health officer for Seattle and King County. "Clearly the status quo isn't working anywhere, and clearly we need to look at new tools." Dnchin said officials hope to open the Seattle site within a year. Both sites will be aimed primarily at homeless drug users, he said, with a goal of providing them basic health services and ultimately drug treatment. "The real goal is not to open a day spa where people can come in and have a good time and use drugs, but to engage them in treatment," Duchin said. "They inject in a place where there's a health-care worker who can save their lives if they overdose." Duchin said all drug users will be supervised at all times. If a person exhibits signs of an overdose, he said, a health- care worker will administer N aloxone, a drug that reverses the effects of opioids. Over the next three years, officials plan to study the sites and collect data on how many people they attract, whether overdose deaths are being prevented and whether users of the sites enter drug treatment. Possession of heroin is illegal under federal law, but, Duchin said, "We're not really seeing this as a legal problem right now. If there are legal issues that come up, we'll have to address them." The Justice Department did not respond to a request for comment. King County Sheriff John Urquhart (D) has been supportive ofthe idea, though he said the "jury is still out" on whether the sites will reduce the number of overdoses. He said his deputies will not arrest anyone coming or going from the sites, but he warned that the federal government "could camp out in front of the site and arrest anyone in possession." Meanwhile, the idea is running into opposition outside the city, with some suburban mayors malting clear they are not eager to host one of the sites. State Sen. MarkMiloscia (R), who represents Federal Way, in the southern reaches of King County near Tacoma, introduced a bill barring safe injection facilities from opening anywhere in the state. It will have a hearing Monday. "The people in my district, Democrat or Republican, would come unglued if we put a safe injection site in Federal Way," Miloscia said. "Saving lives is about getting people off heroin and not tolerating it." Worldwide, at least 90 facilities have been created to permit people to inject illegal drugs under medical supervision. The first opened in Berne, Switzerland, in 1986. France opened its first facility in October. A supervised injection site in Vancouver, B.C., is the only such site inNorthAmerica. After that facility opened in 2003, researchers found that overdose deaths in the surrounding community dropped 35 percent in just two years. Still, British Columbia recorded 9142verdose deaths last:year, up So percent from 2015. Closer to home, the New York City Council last year appropriated $100,000 to study opening a safe-injection facility. San Francisco Mayor Ed Lee (D) dropped his longtime opp!]_@ion to the sites, saying recently that he is now "open" to them. And in Ithaca, N.Y., home to Cornell University, Mayor Svante Myrick (D) has been pJ:1s1'J.ngto bring a site to his city. Myrick's father suffered from drug addiction. He won a recommendation from a city task force last year. That effort has since stalled amid rising opposition from the city's police chief and state lawmal,ers. Cornell law professor William Jacobson has argned that the sites amount to a "government-run heroin shooting gallery," though he recently acknowledged that the sites might help to prevent overdoses. "The heroin scourge is real," Jacobson said in an email. "I'm just not sure normalizing the use helps the problem." In Massachusetts, state Sen. William Brownsberger (D) recently introduced.legislation to permit safe-injection sites throughout the state. Currently, Boston Health Care for the Homeless offers medical monitoring to people who have injected illegal drugs, but they are not permitted to use drugs onsite. The program, which started in April, has 10 chairs where addicts can sit while a nurse monitors vital signs and administers Naloxone in case of an overdose. Gaeta said 400 people have used the facility 2,679 times. About 10 percent of them have gone directly from the room into treatment, a number she called "miraculous." Katie Zezima is a national correspondent covering drugs, guns, gambling and vice in America. She covered the 2016 election and the Obama White House for The Post. W Follow@katiezez AGENDA ITEMNO. 19 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: FROM: Mayor and City Council Chris Freeland City Manager SUBJECT: REQUEST FROM MAYOR WARSHAW FOR CITY COUNCIL TO TAKE A FORMAL POSITION SUPPORTING AB 1180 (HOLDEN) - CALIFORNIA TIRE FEE: STORMWATER PERMIT COMPLIANCE FUND RECOMMENDATION: It is recommended that the City Council take a formal position supporting AB 1180 (Holden), as well as, direct staff to send a letter to the author and our local legislators. BACKGROUND: Mayor Warshaw requested that this item be agendized for discussion. AB 1180 (Holden) Summary: The California Tire Recycling Act, until January 1, 2024, requires a person who purchases a new tire to pay a California tire fee of $1. 75 per tire, for deposit, except for 1 1/2% retained by retailers and as provided below, in the California Tire Recycling Management Fund, for expenditure by the Department of Resources Recycling and Recovery upon appropriation by the Legislature for prescribed purposes related to disposal and use of used tires. Commencing January 1, 2024, existing law reduces the California tire fee to $0.75 per tire, and changes the retailers share to 3%. This bill would increase the California tire fee by $1.50. The bill would deposit the additional moneys in the Stormwater Permit Compliance Fund, which would be established by the bill, and would make the moneys available to the State Water Resources Control Board Division of Financial Assistance. The bill would continuously appropriate moneys in the fund for competitive grants for projects and programs for municipal storm sewer system permit compliance requirements that would prevent or remediate zinc pollutants caused by tires in the state, and for an annual audit of the fund. Moneys in the fund would be available upon appropriation for the Formal Position Supporting AB 1180 Page 2 of2-April 18, 2017 requirements that would prevent or remediate zinc pollutants caused by tires in the state, and for an annual audit of the fund. Moneys in the fund would be available upon appropriation for the administrative expenses of the fund, not to exceed 3% of the overall revenue annually deposited in the fund, except as specified. This bill contains other related provisions and other existing laws. The table below includes the current status of the bill, at the time of this report, and the position (if any) adopted by the League of California Cities (League). Bill Number Title Status League Position AB 1180 (Holden) California tire fee: Stonnwater In Committee Support Pennit Comnliance Fund The attachments provided are the latest version of the Assembly Bill available at the time of this report (Attachment No. 1) and a sample letter of support (Attachment No. 2). The City of West Covina has actively participated in discussions regarding the impacts of the Los Angeles Coimty Regional Water Quality Control Board MS4 Permit. An MS4 Permit stands for Mtmicipal Separate Storm Sewer System Stonnwater Permit. The total estimated capital cost for Los Angeles County to comply exceeds $20 Billion. The total estimated capital cost for San Gabriel Valley Council of Govermnent Cities exceeds $6 Billion. The estimated cost for the City of West Covina is $190 Million based on estimates from the Enhanced Watershed Management Plan (EWMP) that was approved by the Los Angeles County Regional Water Quality Control Board. The costs are excessive to say the least. Assembly Bill 1180 would provide a small dent in the much needed new revenue sources to assist local agencies with funding these exorbitant costs. The League is recommending local agencies support this bill along with continued efforts to reform the MS4 Permit costs and impacts. FISCAL IMPACT: There is no fiscal impact associated with sending a formal letter of support for AB 1180 (Holden). Prepared by: J 4t/J . ······~ p';; . . ,,/ {2£,v<.A-I ~<5-.. (.,,faui:Minnich { Deputy City Manager ATTACHMENTS: Attachment No. 1 -AB 1180 (Holden) Attachment No. 2 -Draft Letter of Support Attachment No. 3 -Letter of Support signed by the League of California Cities CALIFORNIA LEGISLA'rURB-20l7-l8 REGULAR SESSION ASSEMBLY BILL No. 1180 Introduced by Assembly Member Holden February 17, 2017 An act to amend Sections 42885 and 42889 of, and to add Section 42888.5 to, the Public Resources Code, relating to tires, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1180, as introduced, Holden. California tire fee: Stormwater Permit Compliance Fund. The California Tire Recycling Act, until January I, 2024, requires a person who purchases a new tire to pay a California tire fee of $1.75 per tire, for deposit, except for I Y, % retained by retailers and as provided below, in the California Tire Recycling Management Fund, for expenditure by the Department of Resources Recycling and Recovery upon appropriation by the Legislature for prescribed purposes related to disposal and use of used tires. Commencing January 1, 2024, existing law reduces the California tire fee to $0.75 per tire and changes the retailers, share to 3%. Existing law, until January 1, 2024, requires that $0.75 per tire on which the California tire fee is imposed be deposited in the Air Pollution Control Fund with these moneys to be available upon appropriation by the Legislature for use by the State Air Resources Board and local air districts to fund programs and projects that mitigate or remediate air pollution caused by tires in the state, as provided. This bill would increase the California tire fee by $1.50. The bill would deposit the additional moneys in the Stonnwater Permit 99 ATTACHMENT No.1 AB 1180 -2- Compliance Fund, which would be established by the bill, and would make the moneys available to the State Water Resources Control Board Division of Financial Assistance. The bill would continuously appropriate moneys in the fund for competitive grants for projects and programs for municipal storm sewer system permit compliance requirements that would prevent or remediate zinc pollutants caused by tires in the state and for an annual audit of the fund. Money in the fund would be available upon appropriation for the administrative expenses of the fund, not to exceed 3% of the overall revenue annually deposited in the fund, except as specified. This bill would make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute. Vote: :Vi. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 42885 of the Public Resources Code, as 2 amended by Section 31 of Chapter 401 of the Statutes of 2013, is 3 amended to read: 4 42885. (a) For purposes of this section, "California tire fee" 5 means the fee imposed pursuant to this section. 6 (b) (1) A person who purchases a new tire, as defined in 7 subdivision (g), shall pay a California tire fee of ene clellar ancl 8 se,ent) lhe eents ($1.75) three dollars and twenty-jive cents 9 ($3.25) per tire. 10 (2) The retail seller shall charge the retail purchaser the ammmt 11 of the California tire fee as a charge that is separate from, and not 12 included in, any other fee, charge, or other amount paid by the 13 retail purchaser. 14 (3) (A) The retail seller shall collect the California tire fee from 15 the retail purchaser at the time of sale and may retain 1 Y, percent 16 of the fee as reimbursement for any costs associated with the 17 collection of the fee.--'Fhe 18 (BJ The retail seller shaU remit the remainder to the state on a 19 quarterly schedule for deposit in the California Tire Recycling 20 Management Fund, which is hereby created in the State Tteasury. 21 Treasury, the Air Pollution Control Fund, and the Stormwater 22 Permit Compliance Fund, established pursuant to Section 42888. 5. 99 -3-AB 1180 l Of this amount, for each tire subject to the California Tire Fee, 2 seventyjive cents ($0. 75) shall be deposited in the Air Pollution 3 Control Fund pursuant to Section 42889, one dollar and.fifty cents 4 ($1.50) shall be deposited in the Stormwater Permit Compliance 5 Fund, and the balance shall be deposited in the California Tire 6 Recycling Management Fund. 7 ( c) The department, or its agent authorized pursuant to Section 8 42882, shall be reimbursed for its costs of collection, auditing, and 9 making refunds associated with the California Tire Recycling 10 Management Fund, but not to exceed 3 percent of the total annual 11 revenue deposited in the fund. 12 (d) The California tire fee imposed pursuant to subdivision (b) 13 shall be separately stated by the retail seller on the invoice given 14 to the customer at the time of sale. Any other disposal or 15 transaction fee charged by the retail seller related to the tire 16 purchase shall be identified separately from the California tire fee. 17 ( e) A person or business-whe that knowingly, or with reckless 18 disregard, makes a false statement or representation in a document 19 used to comply with this section is liable for a civil penalty for 20 each violation or, for continuing violations, for each day that the 21 violation continues. Liability under this section may be imposed 22 in a civil action and shall not exceed twenty-five thousand dollars 23 ($25,000) for each violation. 24 (f) In addition to the civil penalty that may be imposed pursuant 25 to subdivision (e), the department may impose an administrative 26 penalty in an amount not to exceed five thousand dollars ($5,000) 27 for each violation of a separate provision or, for continuing 28 violations, for each day that the violation continues, on a person 29 who intentionally or negligently violates a permit, rule, regulation, 30 standard, or requirement issued or adopted pursuant to this chapter. 31 The department shall adopt regulations that specify the amount of 32 the administrative penalty and the procedure for imposing an 33 administrative penalty pursuant to this subdivision. 34 (g) For purposes of this section, "new tire" means a pneumatic 35 or solid tire intended for use with enread on-road or off-road motor 36 37 38 39 vehicles, motorized equipment, construction equipment, or farm equipment that is sold separately from the motorized equipment, or a new tire sold with a new or used motor vehicle, as defined in Section 42803.5, including the spare tire, construction equipment, 99 AB 1180 -4- 1 or farm equipment. "New tire" does not include retreaded, reused, 2 or recycled tires. 3 (h) The California tire fee shall not be imposed on a tire sold 4 with, or sold separately for use on, any of the following: 5 (1) A self-propelled wheelchair. 6 (2) A motorized tricycle or motorized quadricycle, as defined 7 in Section 407 of the Vehicle Code. 8 (3) A vehicle that is similar to a motorized tricycle or motorized 9 quadricycle and is designed to be operated by a person who, by 10 reason of the person's physical disability, is otherwise unable to 11 move about as a pedestrian. 12 (i) This seetio11 shall 1 email'! il'l effcet ol'lly tmtil Jfr11t1M) 1, 282 4 , 13 al'!d as of that date is repealed, unless a later el'!aeted statttte, that 14 is ettaeted before Jat1t1at) 1, 2{l24, deletes 01 eitle11ds that date. 15 This section shall remain in effect only until January I, 2024, 16 and as of that date is repealed, unless a later enacted statute that 17 is enacted before January I, 2024, deletes or extends that date. 18 SEC. 2. Section 42885 of the Public Resources Code, as 19 amended by Section 32 of Chapter 401 of the Statutes of 2013, is 20 amended to read: 21 42885. (a) For purposes of this section, "California tire fee" 22 means the fee imposed pursuant to this section. 23 (b) (I) Every-A person who purchases a new tire, as defined in 24 subdivision (g), shall pay a California tire fee of seventy five eents 25 ($8.75) two dollars and twenty-five cents ($2.25) per tire. 26 (2) The retail seller shall charge the retail purchaser the amount 27 of the California tire fee as a charge that is separate from, and not 28 included in, any other fee, charge, or other amount paid by the 29 retail purchaser. 30 (3) (A) The retail seller shall collect the California tire fee from 31 the retail purchaser at the time of sale and may retain 3 percent of 32 the fee as reimbursement for any costs associated with the 33 collection of the fee.--'fhe 34 (B) The retail seller shall remit the remainder to the state on a 35 quarterly schedule for deposit in the California Tire Recycling 36 Management Fund, which is hereby created in the State Treast1ry. 37 Treasury, and the Stormwater Permit Compliance Fund, 3 8 established pursuant to Section 42888. 5. Of this amount, for each 39 tire subject to the California Tire Fee, one dollar and fifty cents 40 ($1.50) shall be deposited in the Stormwater Permit Compliance 99 -5-AB 1180 l Fund and the balance shall be deposited in the California Tire 2 Recycling Management Fund. 3 ( c) The department, or its agent authorized pursuant to Section 4 42882, shall be reimbursed for its costs of collection, auditing, and 5 making refimds associated with the California Tire Recycling 6 Management Fund, but not to exceed 3 percent of the total annual 7 revenue deposited in the ftmd. 8 ( d) The California tire fee imposed pursuant to subdivision (b) 9 shall be separately stated by the retail seller on the invoice given IO to the customer at the time of sale. Any other disposal or 11 transaction fee charged by the retail seller related to the tire 12 purchase shall be identified separately from the California tire fee. 13 ( e) Aey--A person or business-woo that knowingly, or with 14 reckless disregard, makes-tmy a false statement or representation 15 in-tmy a document used to comply with this section is liable for a 16 civil penalty for each violation or, for continuing violations, for 17 each day that the violation continues. Liability under this section 18 may be imposed in a civil action and shall not exceed twenty-five 19 thousand dollars ($25,000) for each violation. 20 (f) In addition to the civil penalty that may be imposed pursuant 21 to subdivision ( e ), the department may impose an administrative 22 penalty in an amount not to exceed five thousand dollars ($5,000) 23 for each violation of a separate provision or, for continuing 24 violations, for each day that the violation continues, on-atty a 25 person who intentionally or negligently violates-aey a permit, rule, 26 regulation, standard, or requirement issued or adopted pursuant to 27 this chapter. The department shall adopt regulations that specify 28 the amount of the administrative penalty and the procedure for 29 imposing an administrative penalty pursuant to this subdivision. 30 (g) For purposes of this section, "new tire" means a pneumatic 31 or solid tire intended for use with enrnad on-road or off-road motor 32 vehicles, motorized equipment, construction equipment, or farm 33 equipment that is sold separately from the motorized equipment, 34 or a new tire so Id with a new or used motor vehicle, as defined in 35 Section 42803.5, including the spare tire, construction equipment, 36 or farm equipment. "New tire" does not include retreaded, reused, 37 or recycled tires. 38 (h) The California tire fee-may shall not be imposed on-tmy a 39 tire sold with, or sold separately for use on, any of the following: 40 (I) Atty-A self-propelled wheelchair. 99 AB 1180 -6- I (2) Aey--A motorized tricycle or motorized quadricycle, as 2 defined in Section 407 of the Vehicle Code. 3 (3) Aey--A vehicle that is similar to a motorized tricycle or 4 motorized quadricycle and is designed to be operated by a person 5 who, by reason of the person's physical disability, is otherwise 6 unable to move about as a pedestrian. 7 (i) This section shall become operative on January 1, 2024. 8 SEC. 3. Section 42888.5 is added to the Public Resources Code, 9 to read: 10 42888.5. (a) The Stormwater Permit Compliance Fund is 11 hereby established in the State Treasury. Moneys in the Stormwater 12 Permit Compliance Fund shall be available to the State Water 13 Resources Control Board Division of Financial Assistance as 14 follows: 15 (I) Notwithstanding Section 13340 of the Government Code, l 6 moneys in the fund shall be continuously appropriated, without 17 regard to fiscal year, for the following purposes: 18 (A) Competitive grants to fund projects and programs for 19 municipal separate storm sewer system permit compliance 20 requirements that would prevent or remediate zinc pollutants 21 caused by tires in the state. Grants that are issued under this 22 subparagraph shall address zinc impairments and zinc total 23 maximum daily loads under the federal Clean Water Act (33 U.S.C. 24 Sec. 1251), and priority shall be given to applicants with zinc levels 25 that exceed the total maximum daily loads. Grants issued under 26 this subparagraph are authorized for the development, 27 administration, and operation of a program to fund a municipal 28 permittee's compliance with municipal separate storm sewer 29 system permit requirements and the costs associated with that 30 31 32 33 34 35 36 37 38 39 40 program. (B) An annual audit of the Storm water Permit Compliance Fund on the financial status of the Stormwater Permit Compliance Fund as of June 30. The audit shall be submitted to the State Water Resources Control Board and shall be posted on the State Water Resources Control Board's Division of Financial Assistance Internet Web site. (2) Moneys in the fund shal1 be available upon appropriation by the Legislature for the administrative overhead cost of the Stormwater Permit Compliance Fund, not to exceed 3 percent of the total revenue deposited in the Stormwater Permit Compliance 99 -7-AB 1180 1 Fund annually, or an amount otherwise specified in the annual 2 Budget Act. If moneys for administrative expenses are not timely 3 appropriated, those expenses shall be advanced from the 4 Stormwater Permit Compliance Fund. Expenses advanced pursuant 5 to this paragraph shall be reimbursed in full to the Stormwater 6 Permit Compliance Fund upon enactment of an annual Budget Act 7 that appropriates those moneys. 8 (b) Except as provided in paragraph (2) of subdivision (a), 9 moneys in the fund shall not be used or borrowed for any other 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 purpose. SEC. 4. Section 42889 of the Public Resources Code, as amended by Section 152 of Chapter 35 of the Statutes of 2014, is amended to read: 42889. (a) Of the moneys collected pursuantto subparagraph (B) of paragraph (3) of subdivision (b) a/Section 42885, att ffi11eaftt eqttal te se,ent, the eents ($8.75) per tire en whieh the fee is impesed the amount designated there for deposit in the Air Pollution Control Fund shall be transferred by the State Board of Equalization to the Air Pe!ldtien Centre! Fund. that fimd. The state board shall expend those moneys, or allocate those moneys to the districts for expenditure, to ftmd programs and projects that mitigate or remediate air pollution caused by tires in the state, to the extent that the state board or the applicable district determines that the program or project remediates air pollution harms created by tires upon which the fee descrihed in Section 42885 is imposed. (b) The remaining moneys eelleeted remitted pursuant to subparagraph (B) of paragraph (3) of subdivision (b) a/Section 42885 that are designated for deposit in the California Tire Recycling Management Fund shall be used to fund the waste tire program, and shall be appropriated to the department in the annual Budget Act in a manner consistent with the five-year plan adopted and updated by the department. These moneys shall be expended for the payment of refunds under this chapter and for the following purposes: (1) To pay the administrative overhead cost of this chapter, not to exceed 6 percent of the total revenue deposited in the fund ammally, or an amount otherwise specified in the annual Budget Act. (2) To pay the costs of administration associated with collection, making reftmds, and auditing revenues in the fund, not to exceed 99 AB 1180 -8- 1 3 percent of the total revenue deposited in the fund, as provided 2 in subdivision (c) of Section 42885. 3 (3) To pay the costs associated with operating the tire recycling 4 program specified in Article 3 ( commencing with Section 42870). 5 ( 4) To pay the costs associated with the development and 6 enforcement of regulations relating to the storage of waste tires 7 and used tires. The department shall consider designating a city, 8 county, or city and county as the enforcement authority of 9 regulations relating to the storage of waste tires and used tires, as 10 provided in subdivision ( c) of Section 42850, and regulations 11 relating to the hauling of waste and used tires, as provided in 12 subdivision (b) of Section 42963. If the department designates a 13 local entity for that purpose, the department shall provide sufficient, 14 stable, and noncompetitive funding to that entity for that purpose, 15 based on available resources, as provided in the five-year plan 16 adopted and updated as provided in subdivision (a) of Section 17 42885 .5. The department may consider and create, as appropriate, 18 financial incentives for citizens who report the illegal hauling or 19 disposal of waste tires as a means of enhancing local and statewide 20 waste tire and used tire enforcement programs. 21 (5) To pay the costs of cleanup, abatement, removal, or other 22 remedial action related to waste tire stockpiles throughout the state, 23 including all approved costs incurred by other public agencies 24 involved in these activities by contract with the department. Not 25 less than six million five hundred thousand dollars ($6,500,000) 26 shall be expended by the department during each of the following 27 fiscal years for this purpose: 2001---02 to 2006---07, inclusive. 28 ( 6) To make studies and conduct research directed at promoting 29 and developing alternatives to the landfill disposal of waste tires. 30 (7) To assist in developing markets and new technologies for 31 used tires and waste tires. The department's expenditure offtmds 32 for purposes of this subdivision shall reflect the priorities for waste 33 management practices specified in subdivision (a) of Section 34 40051. 35 (8) To pay the costs associated with implementing and operating a waste tire and used tire hauler program and manifest system pursuant to Chapter 19 (commencing with Section 42950). 36 37 38 39 (9) To pay the costs to create and maintain an emergency reserve, which shall not exceed one million dollars ($1,000,000). 99 -9-AB 1180 1 (10) To pay the costs of cleanup, abatement, or other remedial 2 action related to the disposal of waste tires in implementing and 3 operating the Farm and Ranch Solid Waste Cleanup and Abatement 4 Grant Program established pursuant to Chapter 2.5 ( commencing 5 with Section 48100) of Part 7. 6 (11) To fund border region activities specified in paragraph (8) 7 of subdivision (b) of Section 42885.5. 8 (12) For expenditure pursuant to paragraph (3) of subdivision 9 (a) of, and paragraph (3) of subdivision (b) of, Section 17001. 10 ( c) This section shall remain in effect only until January l, 2024, 11 and as of that date is repealed, unless a later enacted statute that 12 is enacted before January 1, 2024, deletes or extends that date. 13 SEC. 5. Section 42889 of the Public Resources Code, as 14 amended by Section 153 of Chapter 35 of the Statutes of 2014, is 15 amended to read: 16 42889. Ft1HdiHg fur The moneys remitted pursuant to 17 subparagraph (B) of paragraph (3) of subdivision (b) of Section 18 42885 that are not for deposit in the Stormwater Permit 19 Compliance Fund shall be used to fund the waste tire program and 20 shall be appropriated to the department in the annual Budget Act. 21 The moneys in the fund shall be expended for the payment of 22 refunds under this chapter and for the following purposes: 23 (a) To pay the administrative overhead cost of this chapter, not 24 to exceed 5 percent of the total revenue deposited in the fund 25 annually, or an amount otherwise specified in the annual Budget 26 Act. 27 (b) To pay the costs of administration associated with collection, 28 making refunds, and auditing revenues in the fund, not to exceed 29 3 percent of the total revenue deposited in the ftmd, as provided 30 in subdivision-fbj (c) of Section 42885. 31 (c) To pay the costs associated with operating the tire recycling 32 program specified in Article 3 (commencing with Section 42870). 33 (d) To pay the costs associated with the development and 34 enforcement of regulations relating to the storage of waste tires 35 and used tires. The department shall consider designating a city, 36 county, or city and county as the enforcement authority of 3 7 regulations relating to the storage of waste tires and used tires, as 38 provided in subdivision (c) of Section 42850, and regulations 39 relating to the hauling of waste and used tires, as provided in 40 subdivision (b) of Section 42963. If the department designates a 99 AB 1180 -10- 1 local entity for that purpose, the department shall provide sufficient, 2 stable, and noncompetitive funding to that entity for that purpose, 3 based on available resources, as provided in the five-year plan 4 adopted and updated as provided in subdivision (a) of Section 5 42885.5. The department may consider and create, as appropriate, 6 financial incentives for citizens who report the illegal hauling or 7 disposal of waste tires as a means of enhancing local and statewide 8 waste tire and used tire enforcement programs. 9 ( e) To pay the costs of cleanup, abatement, removal, or other 10 remedial action related to waste tire stockpiles throughout the state, 11 including all approved costs incurred by other public agencies 12 involved in these activities by contract with the department. Not 13 less than six million five hundred thousand dollars ($6,500,000) 14 shall be expended by the department during each of the following 15 fiscal years for this purpose: 2001-02 to 2006-07, inclusive. 16 (f) To fund border region activities specified in paragraph (8) 17 of subdivision (b) of Section 42885.5. 18 (g) For expenditure pursuant to paragraph (3) of subdivision (a) 19 of, and paragraph (3) of subdivision (b) of, Section 17001. 20 (h) This section shall become operative on January I, 2024. 21 SEC. 6. This act is an urgency statute necessary for the 22 immediate preservation of the public peace, health, or safety within 23 the meaning of Article IV of the California Constitution and shall 24 go into immediate effect. The facts constituting the necessity are: 25 To help grant recipients achieve mtmicipal separate storm sewer 26 system permit compliance requirements that would prevent or 27 remediate zinc pollutants caused by tires in the state at the earliest 28 possible time, it is necessary that this act--sltttH take effect 29 immediately. 0 99 *********Sample Letter ********** April 20, 2017 The Honorable Chris Holden California State Assembly, District 41 State Capitol P.O. Box 942849 Sacramento, CA 94249-0041 VIAFAX: 916-319-2141 RE: AB 1180 (Holden). California Tire Fee: Stormwater Permit Compliance Fnnd Notice of Snpport Dear Assemblymember Holden: Attachment No. 2 The City of West Covina supports your AB 1180 to create the Stormwater Permit Compliance Fund to offer competitive grants for statewide and regional programs. The City of West Covina is very concerned about the costs associated with the municipal separate storm sewer permit (MS4) compliance requirements. As a member of the Los Angeles Regional Water Quality Control Board, along with 87 other cities, the City of West Covina has participated in several discussions regarding the impacts associated with the MS4 permit. AB 1180 would offer a much needed ftmding tool and provide local govermnents the ability to ftmd projects that benefit the state's water quality and supply. For these reasons, the City of West Covina supports your AB 1180. Sincerely, Corey Warshaw Mayor City of West Covina cc: Assemblymernber Blanca Rubio Assemblymember Phillip Chen Jason Gonsalves, Joe A. Gonsalves & Son Jennifer Quan, League of CA Cities Regional Public Affairs Manager, jguan@cacities.org Meg Desmond, League of California Cities, mdesmond@cacities.org ATTACHMENT No. 3 LEAGUE® OF CALIFORNIA CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org March 24, 2017 The Honorable Chris R. Holden California State Assembly State Capitol, Room 5136 Sacramento, CA 95814 RE: RE: AB 1180 (Holden) Stormwater Permit Compliance Fnnd. Notice of SUPPORT Dear Assembly Member Holden: The League is pleased to support your AB 1180 to create the Stormwater Permit Compliance Fund to offer competitive grants for statewide and regional programs that address the effect of metals and contaminants in stormwater runoff. AB 1180 increases the California tire fee by a modest $1.50 to raise revenue to fund projects and programs for municipal separate storm sewer permit (MS4) compliance requirements that would limit zinc pollutants caused by tires or other sources. When a vehicle is driven, the rubber tire tread slowly wears off and mixes with other materials, like pavement debris and soils, which eventually are washed into storm drains. This is becoming a high-level water quality threat to the current collection of stormwater. The League of California Cities supports policies that promote clean water and regulations that safeguard against chemical stormwater runoff. The Stormwater Permit Compliance Fund will create a competitive grant program to fund municipal storm water system compliance requirements, further helping cities improve the quality of their watersheds. AB 1180 offers a much-needed funding tool to offset the costs of zinc pollutants and invests resources into local and regional projects that benefit the state's water quality and supply. For these reasons, the League supports your AB 1180. If you have any questions, or if! can be of assistance, please contact me at (916) 658-8250. Sincerely, Erin Evans-Fudem Legislative Representative League of California Cities cc: Chair and Members, Assembly Natural Resources Co1111nittee Elizabeth MacMillan, Consultant, Assembly Natural Resources Committee John Kennedy, Consultant, Assembly Republican Caucus AGENDA ITEMNO. 20 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: Mayor and City Coimcil FROM: Chris Freeland City Manager SUBJECT: REQUEST FROM MAYOR WARSHAW FOR CITY COUNCIL TO TAKE A FORMAL POSITION SUPPORTING AB 1326 (COOPER) -PETTY THEFT: SUBSEQUENT CONVICTIONS RECOMMENDATION: It is recommended that the City Council take a formal position supporting AB 1326 (Cooper), as well as direct staff to send a letter to the author and our local legislators. BACKGROUND: Mayor Warshaw requested that this item be agendized for discussion. AB 1326 (Cooper} Summary: Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisomnent in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. This bill would expand those enhanced petty theft penalties to a person who has a prior conviction for any serious or violent felony, and to any person who as 3 or more prior convictions for crimes such as petty theft, grand theft, and burglary. This bill contains other existing laws. The attachments provided are the latest version of the Assembly Bill available, at the time of this report (Attachment No. 1 ), the letter of support authored by the League of California Cities (Attachment No. 2), and a draft sample letter of support (Attachment No. 3). At the time of this Formal Position Supporting AB 1326 (Cooper) Page 2 of2 -April 18, 2017 report, no bill analysis has been provided by the Assembly Public Safety Committee that is currently reviewing the bill. The California Police Chiefs' Association is a sponsor of AB 1326 and the League of California Cities is in support of the bill. In 2014, the monetary value that triggered a felony grand theft charge was raised from $450 to $950. Statewide data collected from over 300 municipal police departments show California's property crime rate increased 7.26 % in 2015, compared with 2014. According to the California Department of Justice, the value of stolen property in 2015 was $2.467 billion, an increase of $287.8 million (+13.2 %) over 2014, the largest year-over-year increase in at least ten years (Statistics provided by the California Police Chiefs' Association). Stories of repeat offenders who have committed numerous crimes without facing commensurate consequence have been reported throughout state and national media outlets. In November of 2015, the Los Angeles Times ran the story of a 30-year-old from Hacienda Heights who was arrested 16 times for repeat offenses without ever facing a more stringent penalty than a misdemeanor. The Associated Press and numerous local outlets have also reported on the sudden rise in property crime. AB 1326 would target serial shoplifters by malcing it a felony if the aggregate value of items stolen in a 12-month period exceeds $950. AB 1326 will hold those offenders, who are contributing to the increase in property crime, accountable by ensuring that their conviction reflects the totality of their crimes. FISCAL IMPACT: There is no fiscal impact associated with sending a formal letter of support for AB 1326 (Cooper). Prepared by: Approved Via Email Laura Minnich Deputy City Manager ATTACHMENTS: Attachment No. 1 -Assembly Bill 1326 (Cooper) Attachment No. 2 -Letter of Support signed by the League of California Cities Attachment No. 3 -Draft Support Letter CALIFORNIA LEGISLATURB-2017-18 REGULAR SESSION ASSEMBLY BILL No. 1326 Introduced by Assembly Members Cooper and Cervantes (Coauthor: Assembly Member Bocanegra) February 17, 2017 An act to amend Sections 459;5, 473, 476a, 490.2, and 496 of the Penal Code, relating to theft. LEGISLATIVE COUNSEL'S DIGEST AB 1326, as introduced, Cooper. Theft: aggregate valuation. The Safe Neighborhoods and Schools Act (act), enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provided that for a number of theft and theft-related offenses, where the value of the property involved does not exceed $950, the offenses are punishable as a misdemeanor, unless the defendant has suffered a prior conviction for one or more specified crimes, in which case the offenses may be punished as a felony. The act created the offense of shoplifting, and applied the $950 limit to that crime and to the crimes of forgery of certain financial instruments, passing a check or certain other instruments knowing there are insufficient funds for payment of the check or instrument, petty theft, and buying or receiving stolen property, as specified. This bill would additionally provide that those offenses may be punishable as a felony if the property involved in the multiple commission of those offenses within a 12-month period has a value in the aggregate exceeding $950, as specified. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. 99 ATTACHMENT No. 1 AB 1326 -2- This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the statewide general election. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: I SECTION I. Section 459.5 of the Penal Code is amended to 2 read: 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined 4 as entering a commercial establishment with intent to commit 5 larceny while that establishment is open during regular business 6 hours, where the value of the property that is taken or intended to 7 be taken does not exceed nine hundred fifty dollars ($950). Any 8 other entry into a commercial establishment with intent to commit 9 larceny is burglary. Shoplifting shall be punished as a IO misdemeanor, except that a person with one or more prior 11 convictions for an offense specified in clause (iv) of subparagraph 12 (C) of paragraph (2) of subdivision (e) of Section 667 or for an 13 offense requiring registration pursuant to subdivision ( c) of Section 14 SWB 290, or a person convicted of multiple shoplifting offenses 15 within a 12-month period where the value of the property in the 16 aggregate that is taken or intended to be taken for those offenses 17 exceeds nine hundred fifty dollars ($950), may be punished 18 pursuant to subdivision (h) of Section 1 l 70. 19 (b) Any act of shoplifting as defined in subdivision (a) shall be 20 charged as shoplifting. No person who is charged with shoplifting 21 may also be charged with burglary or theft of the same property. 22 SEC. 2. Section 4 73 of the Penal Code is amended to read: 23 473. (a) Forgery is punishable by imprisonment in a county 24 jail for not more than one year, or by imprisonment pursuant to 25 subdivision (h) of Section 1170. 26 (b) Notwithstanding subdivision (a), any person who is guilty 27 of forgery relating to a check, bond, bank bill, note, cashier's check, 28 traveler's check, or money order, where the value of the check, 29 bond, bank bill, note, cashier's check, traveler's check, or money 30 order does not exceed nine hundred fifty dollars ($950), shall be 31 puttishable punished by imprisonment in a county jail for not more 32 than one year, except that-mteh the person may instead be punished 99 -3-AB 1326 1 pursuant to subdivision (h) of Section 1170 if that person has one 2 or more prior convictions for an offense specified in clause (iv) of 3 subparagraph (C) of paragraph (2) of subdivision (e) of Section 4 667 or for an offense requiring registration pursuant to subdivision 5 ( c) of Section~ 290, or if the amount of the checks, bonds, bank 6 bills, notes, cashier's checks, traveler's checks, or money orders 7 in the aggregate for multiple forgeries under this section within a 8 12-month period exceeds nine hundred fifty dollars ($950). This 9 subdivision shall not be applicable to any person who is convicted 10 both of forgery and of identity theft, as defined in Section 530.5. 11 SEC. 3. Section 476a of the Penal Code is amended to read: 12 476a. (a) Any person who, for himself or herself, as the agent 13 or representative of another, or as an officer of a corporation, 14 willfully, with intent to defraud, makes or draws or utters or 15 delivers a check, draft, or order upon a bank or depositary, a person, 16 a firm, or a corporation, for the payment of money, knowing at 17 the time of that making, drawing, uttering, or delivering that the 18 maker or drawer or the corporation has not sufficient funds in, or 19 credit with the bank or depositary, person, firm, or corporation, 20 for the payment of that check, draft, or order and all other checks, 21 drafts, or orders upon funds then outstanding, in full upon its 22 presentation, although no express representation is made with 23 reference thereto, is punishable by imprisonment in a county jail 24 for not more than one year, or pursuant to subdivision (h) of 25 Section 1170. 26 (b) He,.e,e1, Notwithstanding subdivision (a), if the total 27 amount of all checks, drafts, or orders that the defendant is charged 28 with and convicted of making, drawing, or uttering does not exceed 29 nine hundred fifty dollars ($950), the offense is punishable only 30 by imprisonment in the county jail for not more than one year, 31 except that-sttelt the person may instead be punished pursuant to 32 subdivision (h) of Section 1170 if that person has one or more 33 prior convictions for an offense specified in clause (iv) of 34 subparagraph (C) of paragraph (2) of subdivision ( e) of Section 35 667 or for an offense requiring registration pursuant to subdivision 36 (c) of Section~ 290, or if the amount of the checks, drqfts, or 37 orders in the aggregate that the defendant is charged with and 38 convicted of making, drawing, or uttering within a 12-month period 39 exceeds nine hundredfifly dollars ($950). This subdivision shall 40 not be applicable if the defendant has previously been convicted 99 AB 1326 -4- 1 of three or more violations of Section 470,475, or 476, or of this 2 section, or of the crime of petty theft in a case in which defendant's 3 offense was a violation also of Section 470,475, or 476 or of this 4 section or if the defendant has previously been convicted of any 5 offense under the laws of any other state or of the United States 6 which, if committed in this state, would have been punishable as 7 a violation of Section 470, 475 or 476 or of this section or if-he 8 the defendant has been so convicted of the crime of petty theft in 9 a case in which, if defendant's offense had been committed in this 10 state, it would have been a violation also of Section 470,475, or 11 476, or of this section. 12 ( c) Where the check, draft, or order is protested on the ground 13 of insufficiency of funds or credit, the notice of protest shall be 14 admissible as proof of presentation, nonpayment, and protest and 15 shall be presumptive evidence of knowledge of insufficiency of 16 funds or credit with the bank or depositary, person, firm, or 17 corporation. 18 ( d) In any prosecution under this section involving two or more 19 checks, drafts, or orders, it shall constitute prima facie evidence 20 of the identity of the drawer of a check, draft, or order if both of 21 the following occur: 22 ([) When the payee accepts the check, draft, or order from the 23 drawer, he or she obtains from the drawer the following 24 information: name and residence of the drawer, business or mailing 25 address, either a valid driver's license number or Department of 26 Motor Vehicles identification card number, and the drawer's home 27 or work phone number or place of employment. That information 28 may be recorded on the check, draft, or order itself or may be 29 retained on file by the payee and referred to on the check, draft, 30 or order by identifying number or other similar means. 31 (2) The person receiving the check, draft, or order witnesses 32 the drawer's signature or endorsement, and, as evidence of that, 33 initials the check, draft, or order at the time ofreceipt. 34 ( e) The word "credit" as used herein shall be construed to mean 35 an arrangement or LJ11derstanding with the bank or depositary, 36 person, firm, or corporation for the payment of a check, draft, or 37 order. 38 (f) If any of the preceding paragraphs, or parts thereof, shall be 39 found unconstitutional or invalid, the remainder of this section 99 -5-AB 1326 1 shall not thereby be invalidated, but shall remain in full force and 2 effect. 3 (g) A sheriff's department, police department, or other law 4 enforcement agency may. collect a fee from the defendant for 5 investigation, collection, and processing of checks referred to their 6 agency for investigation of alleged violations of this section or 7 Section 476. 8 (h) The amount of the fee shall not exceed twenty-five dollars 9 ($25) for each bad check, in addition to the amount of any bank 10 charges incurred by the victim as a result of the alleged offense. 11 If the sheriff's department, police department, or other law 12 enforcement agency collects a fee for bank charges incurred by 13 the victim pursuant to this section, that fee shall be paid to the 14 victim for any bank fees the victim may have been assessed. In no 15 event shall reimbursement of the bank charge to the victim pursuant 16 to this section exceed ten dollars ($10) per check. 17 SEC. 4. Section 490.2 of the Penal Code is amended to read: 18 490.2. (a) Notwithstanding Section 487 or any other provision 19 oflaw defining grand theft, obtaining any property by theft where 20 the value of the money, labor, real or personal property taken does 21 not exceed nine hundred fifty dollars ($950) shall be considered 22 petty theft and shall be punished as a misdemeanor, except that 23 Stteh the person may instead be punished pursuant to subdivision 24 (h) ofSection 1170 if that person has one or more prior convictions 25 for an offense specified in clause (iv) of subparagraph (C) of 26 paragraph (2) of subdivision (e) ofSection 667 or for an offense 27 requiring registration pursuant to subdivision ( c) of Section-±9{}; 28 290, or if the value of the money, labor, real or personal property 29 taken in the aggregate for multiple thefts under this subdivision 30 committed within a 12-month period exceeds nine hundred fifty 31 dollars ($950). 32 (b) This section shall not be applicable to any theft that may be 33 charged as an infraction pursuant to any other provision of law. 34 ( c) This section shall not apply to theft of a firearm. 35 SEC. 5. Section 496 of the Penal Code is amended to read: 36 496. (a) (1) Every person who buys or receives any property 3 7 that has been stolen or that has been obtained in any manner 3 8 constituting theft or extortion, !mowing the property to be so stolen 39 or obtained, or who conceals, sells, withbolds, or aids in 40 concealing, selling, or withholding any property from the owner, 99 AB 1326 -6- 1 knowing the property to be so stolen or obtained, shall be punished 2 by imprisonment in a county jail for not more than one year, or 3 imprisonment pursuant to subdivision (h) of Section 1170. 4 However, if the value of the property does not exceed nine hundred 5 fifty dollars ($950), the offense shall be a misdemeanor, punishable 6 only by imprisonment in a county jail not exceeding one year, if 7 1ltlefl the person has no prior convictions for an offense specified 8 in clause (iv) of subparagraph (C) of paragraph (2) of subdivision 9 ( e) of Section 667 or for an offense requiring registration pursuant 10 to subdivision (c) of Section 290. However, if the value of the 11 property in the aggregate for multiple offenses under this 12 subdivision committed within a 12-month period exceeds nine 13 hundred fifty dollars ($950), the person may be punished pursuant 14 to subdivision (h) of Section 1170. 15 -A 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (2) A principal in the actual theft of the property may be convicted pursuant to this section. However,"'ffll a person may not be convicted both pursuant to this section and of the theft of the same property. (b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. -Every (2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained 99 -7-AB 1326 1 in any manner constituting theft or extortion, under circumstances 2 that should cause the person, agent, employee, or representative 3 to make reasonable inquiry to ascertain that the person from whom 4 the property was bought or received had the legal right to sell or 5 deliver it, without making a reasonable inquiry, shall be guilty of 6 a misdemeanor. 7 (c) Any person who has been injured by a violation of 8 subdivision (a) or (b) may bring an action for three times the 9 amount of actual damages, if any, sustained by the plaintiff, costs 10 of suit, and reasonable attorney's fees. 11 (d) Notwithstanding Section 664, any attempt to commit any 12 act prohibited by this section, except an offense specified in the 13 accusatory pleading as a misdemeanor, is punishable by 14 imprisonment in a county jail for not more than one year, or by 15 imprisonment pursuant to subdivision (h) of Section 1170. 16 SEC. 6. Sections 1 to 5, inclusive, of this act amend the Safe 17 Neighborhoods and Schools Act, Proposition 47, an initiative 18 statute, and shall become effective only when submitted to and 19 approved by the voters at a statewide election. The Secretary of 20 State shall submit Sections 1 to 5, inclusive, of this act for approval 21 by the voters at a statewide election in accordance with Section 22 9040 of the Elections Code. 0 99 LEAGUE® OF CALIFORNIA CITIES March 9, 2017 The Honorable Jim Cooper State Capitol, Room 6025 Sacramento, CA 95814 ATTACHMENT No. 2 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org RE: AB 1326 (Cooper). Theft. Aggregate Valuation. (As Introduced) Notice of Support Dear Assembly Member Cooper: On behalf of the League of California Cities, I am pleased to announce our support for Assembly Bill 1326. Since the Fall of 2012, roughly one year after the enactment of AB 109, Public Safety Realigmnent, the League has been receiving anecdotal evidence from local law enforcement entities that property crimes have been on the rise. There has been a significant increase in such reports since the approval by California voters of Proposition 47, the Safe Neighborhoods and Schools Act. Proposition 47 in particular has helped fuel both a sustained increase in individual incidents of shoplifting, as well as organized retail theft operations. The reason is that one of the key provisions in Prop. 47 increased the threshold amount for grand theft, a felony, to goods or property ammmting to a total value of $950.00. As a result, individuals apprehended while allegedly shoplifting or attempting to commit another form of larceny can only be charged with a misdemeanor unless the value of the goods they are caught with meets or exceeds the $950.00 threshold. Those who habitually commit such crimes are aware of this new law, and theft crimes continue unabated. A related factor contributing to reduced incidence of incarceration for misdemeanor offenses, is that prior to Public Safety Realignment, many of California's county jails in the more populous counties were already operating under court-ordered or self-imposed population caps. With Realignment came still more jail population pressures as offenders who had previously been sentenced to state prison began instead serving their time in county jail. This in turn has lead to a "revolving door syndrome" at county jails. Against that backdrop, Proposition 47 has led to a larger proportion of misdemeanor offenders apprehended for theft crimes simply being booked and released, since bed space in county jails is increasingly reserved for more serious offenders. The net result is that whatever deterrent was in place against misdemeanor theft offenses has been comprised, eroding public safety in our cities. Many businesses are losing a significant percentage of their merchandise to petty theft, some of it brazen in nature, without meaningful consequences for the perpetrators. Sales tax revenues to local governments are correspondingly under threat. Assembly Bill 1326 will address this situation by allowing law enforcement authorities to aggregate the monetary value of property stolen by ai1 individual over the course of a year, and authorize felony prosecution if that monetary value meets the $950.00 threshold. For these reasons, the League of California Cities strongly supports this legislation. We applaud your leadership and that of the California Police Chiefs Association in bringing this measure forward. If you have ai1y questions regarding the League's position on this bill, please contact me at (916) 658-8252. Respectfully, Tim Cromartie Legislative Representative cc: Jonathan Feldman, Legislative Representative, California Police Chiefs Association Sean Hoffman, California District Attorneys Association Angela Manetti, California Retailers Association DRAFT SUPPORT LETTER April 24, 2017 The Honorable Jim Cooper California State Assembly District 9 State Capitol, Room 6025 Sacramento, CA 95814 Via FAX: (916) 319-2109 ATTACHMENT No. 3 RE: Notice of Support AB 1326 (Cooper): Theft. Aggregate Valuation. Dear Assembly Member Cooper: On April 18, 2017, the West Covina City Council voted __ ~in support of Assembly Bill (AB) 1326. Since the Fall of 2012, roughly one year after the enactment of AB 109, Public Safety Realignment, the League has been receiving anecdotal evidence from local law enforcement entities that property crimes have been on the rise. There has been a significant increase in such reports since the approval by California voters of Proposition 47, the Safe Neighborhoods and Schools Act. Proposition 47 in particular has helped fuel both a sustained increase in individual incidents of shoplifting, as well as organized retail theft operations. The reason is that one of the key provisions in Prop. 4 7 increased the threshold amount for grand theft, a felony, to goods or property amounting to a total value of $950.00. As a result, individuals apprehended while allegedly shoplifting or attempting to commit another form of larceny can only be charged with a misdemeanor unless the value of the goods they are caught with meets or exceeds the $950.00 threshold. Those who habitually connnit such crimes as aware of this new law, and theft crimes continue unabated. A related factor contributing to reduced incidence of incarceration for misdemeanor offenses, is that prior to Public Safety Realignment, many of California's c01mty jails in the more populous counties were already operating under court-ordered or self-imposed population caps. With Realignment came still more jail population pressures as offenders who had previously been sentenced to state prison began instead serving their time in county jail. This is turn has lead to a "revolving door syndrome" at county jails. Against that backdrop, Proposition 47 has led to a larger proportion of misdemeanor offenders apprehended for theft crimes simply being booked and released, since bed space in county jails is increasingly reserved for more serious offenders. The net result is that whatever deterrent was in place against misdemeanor theft offenses has been comprised, eroding public safety in our cities. Many businesses are losing a significant percentage of their merchandise to petty theft, some of it brazen in nature, without meaningful consequences for the perpetrators. Sales tax revenues to local governments are correspondingly under threat. Assembly Bill 1326 will address this situation by allowing law enforcement authorities to ATIACHMENTNo. 3 aggregate the monetary value of property stolen by an individual over the course of a year, and authorize felony prosecution if that monetary value meets the $950.00 threshold. For these reasons, the City of West Covina strongly supports this legislation. We applaud your leadership and that of the California Police Chiefs Association in bringing this measure forward. Respectfully, Corey Warshaw Mayor City of West Covina Cc: Assembly Member Phillip Chen Assembly Member Blanca Rubio Jason Gonsalves, Joe A. Gonsalves & Son Jennifer Quan, League of CA Cities Regional Public Affairs Mgr, jguan@cacities.org Meg Desmond, League of California Cities, mdesmond@cacities.org Jonathan Feldman, CA Police Chiefs Association, jfeldman@californiapolicechiefs.org Dave Faulkner, City of West Covina Police Chief, dave.faulkner@wcpd.org AGENDA ITEMNO. 21 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: Mayor and City Council FROM: Chris Freeland City Manager SUBJECT: REQUEST FROM MAYOR WARSHAW FOR CITY COUNCIL TO TAKE A FORMAL POSITION SUPPORTING SB 541 (ALLEN) -SCHOOL FACILITIES: SCHOOL FACILITY WATER CAPTURE PRACTICES RECOMMENDATION: It is recommended that the City Council take a formal position supporting SB 541 (Allen), as well as direct staff to send a letter to the author and our local legislators. BACKGROUND: Mayor Warshaw requested that this item be agendized for discussion. SB 541 (Allen) Summary: Existing law requires the Energy Resources Conservation and Development Commission, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, to recommend best design practices that include energy efficiency measures for all new public schools, and to report the recommendations to the Governor and the Legislature by October I, 2003. This bill would require the State Department of Education, the State Water Resources Control Board, the regional water quality control boards, and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, to consult and recommend best desigo and use practices that include school facility water capture practices for all new, reconstructed, or altered public schools, including school grounds. The bill would require these recommendations to be reported to the Governor and the Legislature on or before January I, 2019. The bill would define "school facility water capture practices" for these purposes. The table below includes the current status of the bill, at the time of this report, and the position (if any) adopted by the League of California Cities (League). Formal Position Supporting SB 541 (Allen) Page 2 of2-April 18, 2017 Bill Number Title SB 541 (Allen) School facilities: school facility water capture practices Status League Position In Committee Support The attachments provided are the latest version of the Senate Bill available at the time of this report (Attachment No. 1 ), the analysis by the Senate Committee on Education (Attachment No. 2), and a draft sample letter of support (Attachment No. 3). This bill would require that public school districts partner with cities in the capture and reuse of stormwater. Public schools are not subject to municipal planning reviews and water boards have been reluctant to adopt stormwater capture standards for schools, as they have adopted such standards for cities. Local and statewide voters have approved billions of dollars for school construction bonds and these funds are available for new facilities and renovations. SB 541 would require the State Architect to develop low impact development standards for public schools to capture stormwater, similar to standards that cities and developers are required to follow when constructing new projects or completing substantial renovations. School sites offer a unique opportunity to partner with municipalities to capture and treat stormwater. During construction or reconstruction, a campus can be retrofitted to capture, treat, store and use rainwater with rain gardens, bioswales, cisterns, and native plants. Additionally, City of West Covina staff are currently partnering with the Los Angeles County Department of Public Works, Bassett Unified School District and the City of La Puente in developing a stormwater capture project that could potentially be constructed at the Bassett High School campus. SB 541 provides useful guidelines and best practices standards for schools to partner with cities to locate stormwater projects that improve water quality and sustainability. FISCAL IMPACT: There is no fiscal impact associated with sending a formal letter of support for SB 541 (Allen). Prepared by: Approved Via Email Laura Minnich Deputy City Manager ATTACHMENTS: Attachment No. 1 -Senate Bill 541 (Allen) Attachment No. 2 -Analysis by Senate Committee on Education Attachment No. 3 -Draft Support Letter SENATE BILL No. 541 Introduced by Senator Allen February 16, 2017 An act to add Section 17255.5 to the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGEST SB 541, as introduced, Allen. School facilities: water capture design standards. Existing law requires the Energy Resources Conservation and Development Commission, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, to recommend best design practices that include energy efficiency measures for all new public schools, and to report the recommendations to the Governor and the Legislature by October 1, 2003. This bill would require the State Department of Education, the State Water Resources Control Board, and the Division of the State Architect and the Office of Public School Construction within in the Department of General Services, to consult and reconunend best design practices that include water capture design standards for all new, reconstructed, or altered public schools, including school grounds. The bill would require these recommendations to be reported to the Governor and the Legislature on or before January I, 2019. The bill would define "water capture" for these purposes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 99 ATTACHMENTNo. 1 SB541 -2- The people of the State of California do enact as follows: 1 SECTION 1. Section 17255.5 is added to the Education Code, 2 to read: 3 17255.5. (a) The State Department of Education, the State 4 Water Resources Control Board, and the Division of the State 5 Architect and the Office of Public School Construction within the 6 Department of General Services, shall consult and recommend 7 best design practices that include water capture design standards 8 for all new, reconstructed, or altered public schools, including 9 school grounds. 10 (b) These recommendations shall be reported to the Governor 11 and the Legislature on or before January 1, 2019. 12 ( c) For purposes of this section "water capture" means to control 13 water pollutants, pollutant loads, and water runoff volume to the 14 maximum extent feasible by minimizing impervious surface area 15 and controlling runoff from impervious surfaces through 16 infiltration, evapotranspiration, bio-retention, and rainfall harvest 17 and use. Water capture may be used in open space, parks, fields, 18 rooftops, streetscapes, parking lots, sidewallcs, and medians. 19 (d) (1) The reporting requirement pursuant to subdivision (b) 20 shall be inoperative on January 1, 2023, pursuant to Section 21 10231.5 of the Government Code. 22 (2) A report submitted by the Legislature pursuant to subdivision 23 (b) shall be submitted in compliance with Section 9795 of the 24 Government Code. 0 99 SENATE COMMITTEE ON EDUCATION Senator Benjamin Allen, Chair 2017 -2018 Regular ATTACHMENT No. 2 Bill No: SB 541 Hearing Date: March 29, 2017 Author: Allen Version: February 16, 2017 Urgency: No Fiscal: Yes Consultant: Lynn Lorber Subject: School facilities: water capture design standards NOTE: This bill has been referred to the Committees on Education and Environmental Quality. A "do pass" motion should include referral to the Committee on Environmental Quality. SUMMARY This bill requires the California Department of Education, the State Water Resources Control Board, and the Division of the State Architect and Office of Public School Construction (within the Department of General Services), to consult and recommend best design practices that include water capture design standards for all new, reconstructed, or altered public schools, including school grounds. BACKGROUND Existing federal law, the Clean Water Act: 1) Establishes the structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. 2) Makes it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. 3) Provides that the National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Municipal governments (as well as other facilities) are required to obtain NPDES permits to control their discharges go directly to surface waters, including stormwater. 4) Authorizes states to implement and enforce the NPDES permit program as long as the state's provisions are as stringent as the federal requirements. In California, the State Water Resources Control Board is the delegate agency responsible for the NPDES permit program. (United States Code, Title 33 §1251 et seq) Existing state law requires the State Water Resources Control Board to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with the federal Clean Water Act. (Water Code§ 13383.7) SB 541 (Allen) ANALYSIS Page 2 of3 This bill requires several state entities to consult and recommend best design practices that include water capture design standards for all new, reconstructed, or altered public schools, including school grounds. Specifically, this bill: 1) Requires the California Department of Education, the State Water Resources Control Board, and the Division of the State Architect and Office of Public School Construction (within the Department of General Services), to consult and recommend best design practices that include water capture design standards for all new, reconstructed, or altered public schools, including school grounds. 2) Defines "water capture" to control water pollutants, pollutant loads, and water runoff volume to the maximum extent feasible by minimizing impervious surface areas and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bio-retention, and rainfall harvest and use. This bill authorizes water capture to be used in open space, parks, fields, rooftops, streetscapes, parking lots, sidewalks, and medians. 3) Requires the recommendations to be reported to the Governor and Legislature by January 1, 2019, and sunsets the reporting requirement on January 1, 2023. STAFF COMMENTS 1) Need for the bill. According to the author, "Cities and counties are required to ensure stormwater discharges meet water quality standards, but many struggle to find adequate funding and open space sites needed to clean up the pollution, particularly in Los Angeles County. Cities are working with their local park districts to find suitable open space sites to capture and begin to treat stormwater, but in many urban areas, school sites are among the largest parcels in otherwise fully built-out municipalities. However, because schools are not currently subject to a stormwaler permit, there are no standards or best practices for schools to follow lo encourage their partnership. This has made partnership between municipalities and school districts harder." 2) Stormwater. Stormwater is defined as the runoff generated when precipitation from rain and snowmelt events flows over land or impervious surfaces without percolating into the ground. Stormwater is often considered a nuisance because it mobilizes pollutants such as motor oil and trash. In most cases, stormwater flows directly to water bodies through sewer systems, contributing a major source of pollution to rivers, lakes, and the ocean. The Municipal Storm Waler Permitting Program, through the State Water Resources Control Board (a division of the California Environmental Protection Agency) regulates storm water discharges from municipal separate storm sewer systems (MS4s). 3) No guidance for schools. According to the State Water Resources Control Board, they have not traditionally issued guidance for stormwater capture systems. The State Water Resources Control Board's Storm Water Resource SB 541 (Allen) Page 3 of3 Plan Guidelines include methods for identification and prioritization of stormwater capture projects, including integrated metrics-based analysis. The analysis helps to determine if stormwater systems achieve standards, but the specific designs are determined by the permitted entity. [http://www.waterboards.ca.gov/wa ter_issues/programs/gra nts _loans/swgp/docs/ prop1/swrp_finalguidelines_dec2015.pd~ The City of Los Angeles Department of Water and Power utilizes a Stormwater Capture Master Plan, but that plan does not include guidance to schools on water capture design standards. [hltps://www .ladwp.com/ladwp/faces/wc nav _ externa I Id /a-w- stormwatercapturemp;jsessionid=bRb rWgM h7vrX3Dyp0 NvqJwtVy5 YWhFbvJs n Y252kLLHFrmpWFDn!- 168235981? _ afrloop=23187576910085& _ afrWi ndowMode=O& _ afrWi ndowld=nu 11#%40%3F _afrWindowld%3Dnull%26 _afrloop%3D23187576910085%26_afrWi ndowMode%3D0%26_adf.ctrl-state%3Dxucs5pzx3_ 4] The California Stormwater Quality Association has a Best Management Practices handbook, but the handbook does not include guidance to schools on water capture design standards. [https://www.casqa.org/asca/los-ange les-sto rmwater- capture-master-plan-ha rvesti ng-loca 1-sto rmwater-m unicipal-supp ly] 4) Senate Environmental Quality Committee. This bill has been double-referred to the Environmental Quality Committee. The main policy considerations of this bill are within that committee's jurisdiction. SUPPORT City of Glendora OPPOSITION None received ··END·· April 24, 2017 The Honorable Ben Allen California State Senate State Capitol, Room 2054 Sacramento, CA 95814 FAX: (916) 651-4026 Attachment No. 3 ***DRAFT LETTER OF SUPPORT*** RE: SB 541 (Allen) Stormwater Guidelines for Schools. NOTICE OF SUPPORT Dear Senator Allen: On April 18, 2017, the West Covina City Council voted in support of your SB 541 which encourages school districts to partner with local municipalities to address stormwater pollution by calling on the State Water Resources Control Board, the State Department of Education, and the Office of the State Architect to develop best practices for water capture design standards for all new school construction and reconstruction. Under the 2012 Mlmicipal Separate Storm Sewer System (MS4) permit, adopted by the Los Angeles Regional Water Quality Control Board, cities in Los Angeles County must meet some of the strongest water quality regulations in the country. In order to meet these standards, municipalities must spend billions of dollars upgrading infrastructure and stormwater capture technology. The total estimated capital cost for Los Angeles County to comply exceeds $20 Billion. The total estimated capital cost for San Gabriel Valley Council of Government Cities exceeds $6 Billion. The estimated cost for the City of West Covina is $190 Million based on estimates from the Enhanced Watershed Management Plan (EWMP) that was approved by the Los Angeles County Regional Water Quality Control Board. In many cases cities are working with their local park districts to find suitable open space sites to capture and treat stormwater, but in many urban areas particularly in Los Angeles County and the Bay Area, school sites are among the largest parcels in otherwise fully built-out cities. School sites offer a unique opportunity to partner with municipalities to capture and treat stormwater. During construction or reconstruction, a campus can be retrofitted to capture, treat, store and use rainwater with rain gardens, bioswales, cisterns, and native plants. Adding these natural features will also offer students more healthy environments that have been shown to improve concentration, reduce stress, and stimulate creativity. SB 541 provides useful guidelines and best practices standards for schools to partner with cities to locate stormwater projects that improve water quality mid sustainability while improving our campuses for generations. For these reasons the City of West Covina supports your SB 541. Sincerely, Corey Warshaw Mayor City of West Covina cc: Senator Josh Newman Senator Ed Hernandez Jason Gonsalves, Joe A. Gonsalves & Son Tina Andolina, Office of Senator Ben Allen, tina.andolina@sen.ca.gov Jennifer Quan, League of CA Cities Regional Public Affairs Manager, jguan@cacities.org Meg Desmond, League of California Cities, mdesmond@cacities.org Attachment No. 3 AGENDA ITEMNO. 22 AGENDA STAFF REPORT DATE: TO: FROM: City of West Covina I Office of the City Manager April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: REQUEST FROM MAYOR WARSHAW FOR CITY COUNCIL TO TAKE A FORMAL POSITION SUPPORTING SB 589 (HERNANDEZ) - MUNICIPAL SEPARATE STORM SEWER SYSTEMS: FINANCIAL CAPABILITY ANALYSIS RECOMMENDATION: It is recommended that the City Council take a formal position supporting SB 589 (Hernandez), as well as direct staff to send a letter to the author and our local legislators. BACKGROUND: Mayor Warshaw requested that this item be agendized for discussion. SB 589 (Hernandez) Summary: Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the federal national pollutant discharge elimination system permit program. Existing law requires the state board or the regional boards to issue waste discharge requirements that apply and ensure compliance with the federal Clean Water Act and any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance. This bill would require the state board to establish financial capability assessment guidelines by an unspecified date. The bill would require the California Regional Water Quality Control Board, Los Angeles region to use the guidelines in a pilot project conducted by an independent or educational entity for assessing the financial capability of municipalities to implement a municipal separate storm sewer system permit. The bill would require the state board to oversee the use of the guidelines and to make statewide recommendations upon the completion of the financial capability analysis. Formal Position Supporting SB 589 (Hernandez) Page 2 of2-April 18, 2017 The attachments provided are the latest version of the Senate Bill available at the time of this report (Attachment No. 1 ), the letter of support authored by the League of California Cities (Attachment No. 2), and a draft sample letter of support (Attachment No. 3). At the time of this report, there was no analysis written by the Senate Environmental Quality Committee that is reviewing this bill. If approved, SB 589 would implement financial hardship policies found in existing U.S. Environmental Protection Agency policy, known as the Financial Capability Assessment (FCA). If a community meets certain financial thresholds, the FCA is triggered where the city consults with their waterboard, which can approve optional compliance schedules or prioritize competing environmental improvement projects. SB 589 does not waive water quality requirements, but provides alternative pathways for compliance for Municipal Separate Storm Sewer System (MS4) permittees and particularly disadvantaged communities. Author of SB 589, Senator Ed Hernandez, 0.D. represents the City of West Covina as part of District 22 for the California State Senate. FISCAL IMPACT: There is no fiscal impact associated with sending a formal letter of support for SB 589 (Hernandez). Prepared by: Approved Via Email Laura Minnich Deputy City Manager ATTACHMENTS: Attachment No. 1 -SB 589 (Hernandez) Attachment No. 2 -Letter of Support Authored by the League of California Cities Attachment No. 3 -Draft Support Letter SENATE BILL No. 589 Introduced by Senator Hernandez Febrnary 17, 2017 An act to add Section 13263 .8 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGEST SB 589, as introduced, Hernandez. Municipal separate storm sewer systems: financial capability analysis. Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the federal national pollutant discharge elimination system permit program. Existing law requires the state board or the regional boards to issue waste discharge requirements that apply and ensure compliance with the federal Clean Water Act and any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance. This bill would require a regional board or the state board, when approving a municipal separate storm sewer system permit, to establish schedules for compliance with water quality objectives in water quality control plans after consideration of a financial capability analysis, that includes, among other things, a consideration of the financial burden to individnal customers and the permittee's financial strength, as prescribed. The bill would require a regional board or the state board to renegotiate a schedule for compliance, alternative compliance pathways, or both if the financial burden to individual customers is high, as prescribed. The bill would require the regional board or state board to consider if the permittee's financial strength is weak in negotiating schedules for compliance and consideration of alternative 99 ATTACHMENT No.1 SB 589 -2- compliance pathways. The bill would authorize the regional board or state board to revise an existing schedule for compliance if the board finds certain extraordinary stressors. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION I. The Legislature finds and declares as follows: 2 ( a) On November 24, 2014, the federal Environmental Protection 3 Agency, Office of Enforcement and Compliance Assurance, 4 announced it had adopted a refined financial capability assessment 5 framework to aid in negotiating schedules for compliance with the 6 municipal federal Clean Water Act requirements and in developing 7 integrated management plans. 8 (b) The financial capability assessment framework does not 9 alter or waive water quality standards, but offers alternative 10 compliance pathways to municipal separate storm sewer system 11 permittees and achievable schedules for compliance for 12 disadvantaged communities. 13 ( c) A financial capability assessment is necessary to set 14 achievable schedules for water quality objectives in water quality 15 control plans under the Porter-Cologne Water Quality Control Act 16 (Division 7 ( conunencing with Section 13000) of the Water Code) 17 and to develop integrated regional water management plans. 18 SEC. 2. Section 13263.8 is added to the Water Code, to read: 19 13263.8. (a) When approving a municipal separate storm sewer 20 system permit, a regional board and the state board shall establish 21 schedules for compliance with water quality objectives in water 22 quality control plans after consideration of a financial capability 23 analysis. 24 (b) As used in this section: 25 (I) "Financial strength indicator" means the municipal separate 26 storm sewer system permittee's financial strength, taking into 27 consideration metrics in the categories of debt indicators, 28 socioeconomic indicators, and financial management indicators 29 as described in paragraph (3) of subdivision (c). 30 (2) "Residential indicator" means the financial burden to 31 individual customers as described in paragraph (1) of subdivision 32 (c). Two percent to 3.24 percent, inclusive, is a low burden, 3.25 99 -3-SB589 1 percent to 4.4 percent, inclusive, is a midrange burden, and 4.5 2 percent or higher is a high burden. 3 ( c) · A financial capability analysis shall consider the residential 4 indicator, residential impacts, and the financial strength indicator 5 as follows: 6 (1) The residential indicator shall assess the annual costs that 7 would be borne by residential households for water, flood control, 8 wastewater, compliance with this division, and municipal separate 9 storm sewer system permit-related expenses by dividing these 10 annual costs by the number of households. The residential share 11 of the annual costs of these obligations shall then be compared to 12 the mean household income of the service area. The mean 13 household income shall be calculated using current census data 14 and may be adjusted based on the current Consumer Price Index. 15 The compliance costs per household shall then be divided by the 16 adjusted mean household income to calculate the residential 17 indicator. 18 (2) Where available, the following residential impact information 19 shall be considered: 20 (A) Income distribution. 21 (B) Poverty rates. 22 (C) Sewer and stormwater fees. 23 (D) Flood control costs. 24 (E) Water rates as a percentage of household income. 25 (F) Flood control. 26 (G) Sewer and water usage for classes ofratepayers or by type 27 of dwelling unit. 28 (H) The percent of households that own versus rent. 29 (I) The housing cost burden of the population. 30 (J) Average utility costs. 31 (K) Mortgage and insurance costs. 32 (L) The cost of living in the community. 33 (3) The financial strength indicator shall rate a municipal 34 separate storm sewer system permittee as weak, midrange, or strong 35 after consideration of the following factors: 36 (A) Bond ratings, except that bond ratings shall not be the sole 37 basis for evaluating financial capability. 38 (B) Service area unemployment data and trends, or other labor 39 market indicators, including unemployment on an absolute basis. 99 SB589 -4- 1 (C) Median household income, except that median household 2 income shall not be the sole consideration. 3 (D) Property tax revenue collection rates and the revenue 4 collection rate of the permittee's system. 5 (4) Consideration of the following factors, as applicable: 6 (A) Rate or revenue models, including, but not limited to, 7 dynamic financial planning models showing the projections of 8 impacts over the program period. All revenue sources tied to the 9 permit obligations may be included as appropriate. 10 (B) Rate determination studies used to develop and support rate 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 increases. (C) Historical population trends or population projections. (D) State or local legal restrictions or limitations on property taxes, other revenue streams, or debt levels. (E) If available, anonymized data and trends on late payments, disconnection notices, service terminations, uncollectible accounts, or revenue collection rates. (F) Historical increases in rates or other dedicated revenue streams. (G) Other costs or financial obligations, including, but not limited to, those that relate to drinking water or other infrastructure that significantly affect a municipal separate storm sewer system permittee's ability to raise revenue. (H) Circumstances that may affect a municipal separate storm sewer system permittee's bond rating. (I) Financial plans that show the implications of incurring additional debt for a municipal separate storm sewer system permittee's ability to secure financing, including projections of metrics such as debt ratios, debt service coverage, debt per customer, days of cash on hand, days of working capital, and other metrics used by rating agencies. This data should be benchmarked to metrics such as rating agency medians and relative to similar entities. This will be especially relevant where the municipal separate storm sewer system permittee does not have a bond rating. (J) Extraordinary stressors such as those from natural disasters, municipal bankruptcies, unusual capital market conditions, or other situations that impact a municipal separate storm sewer system permittee's ability to raise revenue or acquire needed financing. (5) The cost to the community of compliance, including, but not limited to, the residential impact, with the municipal separate 99 -5-SB589 1 storm sewer system permit, watershed management plan, integrated 2 or enhanced watershed management plan, the federal Clean Water 3 Act (33 U.S.C. Sec. 1251 et seq.), the California Safe Drinking 4 Water Act (Chapter 4 (commencing with Section 116270) of Part 5 12 of Division 104 of the Health and Safety Code), and this 6 division. 7 ( 6) The relative effectiveness and benefits of water quality 8 improvements. 9 (7) The reasonableness of the schedule for compliance and time 10 within which the municipal separate storm sewer system permittee 11 is required to achieve water quality objectives and comply with 12 permit requirements. 13 (8) A municipal separate storm sewer system permittee's current 14 municipal separate storm sewer system infrastructure, its function, 15 and its condition. 16 (9) Studies a city, a municipal separate storm sewer system 17 permittee, or a municipal separate storm sewer system permit 18 applicant would like to submit for consideration, including, but 19 not limited to, rate studies in support of the residential indicator 20 or financial strength indicator. The cost, if any, associated with 21 the development of any study submitted pursuant to this paragraph 22 shall be borne by the city, permittee, or applicant. 23 (d) (1) If the residential indicator finds a high burden, the 24 regional board or state board shall renegotiate a schedule for 25 compliance, alternative compliance pathways, or both, so that the 26 residential indicator shall result in a low burden or midrange 27 burden. 28 (2) If the financial strength indicator finds a weak condition, 29 the regional board or state board shall consider this condition in 30 negotiating schedules for compliance and consideration of 31 alternative compliance pathways. 32 (3) If an extraordinary stressoras described in subparagraph (J) 33 of paragraph (4) of subdivision (c) is found, the regional board or 34 state board may revise an existing schedule for compliance. 0 99 LEAGUE® OF CAUFORNJA CITIES March 20, 2017 The Honorable Bob Wieckowski California State Senate State Capitol, Room 2205 Sacramento, CA 95814 Fax: (916) 322-3519 ATTACHMENT No 2 1400 K Street, Suite 400 • Sacramento, Califomia 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org RE: SB 589 (Hernandez) Municipal Separate Storm Sewer Systems: Financial Capability Analysis Notice of SUPPORT Dear Senator Wieckowski: The League of California Cities supports SB 589 (Hernandez), which codifies U.S. Environmental Protection Agency's (EPA) 2014 Financial Capability Analysis allowing the state's Regional Water Quality Control Boards and permittees to consider alternative compliance pathways when communities are addressing the integrated utilities of drinking water, sanitary sewer, flood control, and storm water programs. A U.S. Conference of Mayors (USCM) report, Public Water Costs Per Household: Assessing Financial Impact of EPA Affordability Criteria for California Cities, found that integrated water quality requirements of drinking water, sanitary sewer, flood control, and storm water programs requir~ significant investments which often compete with other public services. According to the study, costs for water services per household costs range from $366 to $2,640 per year. The study reviewed over 30 California cities (a majority in Los Angeles Colffity) using EPA's affordability criteria under the Clean Water Act and found that many communities are paying more than 4.5% of Medium Household Income on water costs. This creates what EPA considers a "high burden" on the average household. This study was completed prior to the implementation of the most recent Municipal Separate Storm Sewer System (MS4) permits used by the Los Angeles Regional Water Quality Board, which have some of the strongest water quality guidelines in the colffity. As such, the financial burdens are likely higher. SB 589 does not compromise water quality standards, but instead offers sustainable and achievable compliance options for MS4 permittees and disadvantaged communities. For these reasons, the League supports SB 589 (Hernandez). Please contact me at (916) 658-8250 if you have any questions. Sincerely, Erin Evans-Fudem Legislative Representative League of California Cities cc: The Honorable Ed Hernandez, California State Senate Members, Senate Environmental Quality Committee Rachel Wagoner, Chief Consultant, Senate Environmental Quality Committee Morgan Branch, Consultant, Senate Republican Caucus April 24, 2017 The Honorable Ed Hernandez, O.D. California State Senate District 22 State Capitol, Room 2080 Sacramento, CA 95814 FAX: (916) 651-4922 Attachment No. 3 RE: SB 589 Municipal Separate Storm Sewer Systems: Financial Capability Analysis NOTICE OF SUPPORT Dear Senator Hernandez: On April 18, 2017, the City of West Covina voted~_ to support your SB 589 which codifies U.S. Environmental Protection Agency's (EPA) 2014 Financial Capability Analysis allowing the state's Regional Water Quality Control Boards and permittees to consider alternative compliance pathways when communities are addressing the integrated utilities of drinking water, sanitary sewer, flood control, and stormwater programs. A U.S. Conference of Mayors (USCM) report, Public Water Costs Per Household: Assessing Financial Impact of EPA Affordability Criteria for California Cities found that integrated water quality requirements of drinking water, sanitary sewer, flood control, and storm water programs require significant investments which often compete with other public services. The study reviewed over 30 California cities (a majority in Los Angeles C0tmty) using EPA's affordability criteria under the Clean Water Act and found that many communities are paying greater than 4.5% of Median Household Income on water costs. This creates what EPA considers a "high burden" on the average household. Since this study was completed prior to the implementation of the most recent Municipal Separate Storm Sewer System (MS4) permit adopted by the Los Angeles Regional Water Quality Control Board, some of the strongest water quality regulations in the county, the financial burdens are likely higher. The total estimated capital cost for Los Angeles County to comply exceeds $20 Billion. The total estimated capital cost for San Gabriel Valley Council of Government Cities exceeds $6 Billion. The estimated cost for the City of West Covina is $190 Million based on estimates from the Enhanced Watershed Management Plan (EWMP) that was approved by the Los Angeles County Regional Water Quality Control Board. SB 589 does not alter or waive water quality standards, but offers sustainable and achievable compliance options for MS4 pennittees and particularly disadvantaged communities. Thank you for representing the City of West Covina and our residents. Sincerely, Corey Warshaw Mayor City of West Covina cc: Susan Reyes, Office of Senator Ed Hernandez, susan.reyes@sen.ca.gov Senator Josh Newman Jason Gonsalves, Joe A. Gonsalves & Son Jennifer Quan, League of CA Cities Regional Public Affairs Manager, jquan@cacities.org Meg Desmond, League of California Cities, mdesmond@cacities.org Attachment No. 3 AGENDA ITEMNO. 23 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 18, 2017 TO: FROM: Mayor and City Council Chris Freeland City Manager SUBJECT: REQUEST FROM MAYOR WARSHAW FOR CITY COUNCIL TO TAKE A FORMAL POSITION OPPOSING SB 649 (HUESO) -WIRELESS TELECOMMUNICATIONS FACILITIES RECOMMENDATION: It is recommended that the City Council take a formal position opposing SB 649 (Hueso), as well as, direct staff to send a letter to the author and our local legislators. BACKGROUND: Mayor Warshaw requested that this item be agendized for discussion. DISCUSSION: SB 649 (Hueso) Summary: Under existing law, a wireless telecommunications collocation facility, which is a tower or related structure on which a collocation facility will be placed in the future, is subject to a city or county discretionary permit and is required to comply with specified criteria, but a collocation facility, which is the placement or installation of wireless facilities, such as antennas and related equipment, on or immediately adjacent to that wireless telecom1mmications collocation facility, is a permitted use not subject to a city or county discretionary pennit. This bill would provide that a small cell is a permitted use, not subject to a city or county discretionary permit, if the small cell meets specified requirements. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would authorize a city or county to require an administrative permit for small cell, as specified. The bill would define Formal Position Opposing SB 649 Page 2 of3-April 18, 2017 the term "small cell" for these purposes. This bill contains other related provisions and other existing laws. The table below includes the current status of the bill at the time of this report and the position (if any) adopted by the League of California Cities (League). Bill Number Title Status League Position SB 649 (Hueso) Wireless Telecommm1ications In Committee Oppose Facilities The attachments provided are the latest version of the Senate Bill available at the time of this report (Attachment No. 1) and a sample letter of opposition provided by the League of California Cities (Attachment No. 2). If approved, the bill would remove the requirement for notification to the public for "small cell" wireless facilities/equipment, mandate "small cells" be allowed by-right, and limit the rent a local government can charge a wireless company to place a "small cell" on public property. This effectively provides favorable treatment to one industry over others who are paying market rate for access to city property. "Small Cells" are low-powered cellular radio access nodes. They are "small" compared to a mobile macrocell (a cell in a mobile phone network), partly because they have a shorter range and partly because they typically handle fewer concurrent calls or sessions (Source: Wikipedia). The American Planning Association (AP A), League of California Cities (LCC), Urban Counties of California (UCC), Rural Cotmty Representatives of California (RCC), and Protect Our Local Streets Coalition (POLS) have all co-signed a letter in opposition to SB 649 based on concerns regarding notification of the public, mandatory leasing of City property at little to no cost, and unknown terms used in the proposed legislation. A copy of this letter is included as Attachment No. 3 to this report. The analysis of SB 649 as provided by the Senate Committee on Energy, Utilities and Commtmications is included as Attachment No. 4. The analysis also includes a list of agencies that have officially signed off to support or oppose the proposed legislation. Additionally, the West Covina City Cotmcil initiated Code Amendment No. 16-03 in February 2016, related to wireless telecommunication facilities in the Public Right-of-Way. The Planning and Engineering department staff are currently in the process of evaluating the appropriate changes to the Municipal Code concerning wireless facilities in the Right-of-way. Upon Planning Commission recommendation, the code amendment will be presented to the City Council for consideration. FISCAL IMPACT: There is no fiscal impact associated with sending a formal letter of opposition to SB 649 (Hueso). Formal Position Opposing SB 649 Page 3 of3 -April 18, 2017 Prepared by: ,,1 ,, . 1, 1·:f C(),1/l&_f/ If~::./\.._ VLaura Minnich Z Deputy City Manager ATTACHMENTS: Attachment No. 1-SB 649 (Hueso) Attachment No. 2-Sample Letter of Opposition from the League of California Cities Attachment No. 3 -Co-signed Letter of Opposition Sent by the American Planning Association (APA), League of California Cities (LCC), Urban Counties of California (UCC), Rural County Representatives of California (RCC), and Protect Our Local Streets Coalition (POLS) Attachment No. 4 -Analysis by Senate Committee on Energy, Utilities and Communications AMENDED IN SENATE MARCH 28, 2017 SENATE BILL Introduced by Senator Hueso (Principal coauthor: Assembly Member Quirk) (Coauthor: Seuator Dodd) February 17, 2017 No. 649 An act to amend 8eetiet1s 65850.6 ftfld Section 65964--ef of and to add Section 65 964. 2 to, the Government Code, relating to telecommunications. LEGISLATIVE COUNSEL,S DIGEST SB 649, as amended, Hueso. Wireless telecommunications facilities. Under existing law, a wireless telecommunications collocation facility, as specified, is subject to a city or county discretionary permit and is required to comply with specified criteria, but a collocation facility, which is the placement or installation of wireless facilities, including antennas and related equipment, on or immediately adjacent to that wireless telecommunications collocation facility, is a permitted use not subject to a city or county discretionary permit. Existit1g la" defines varieus teftl1S for ~hese ]'ltlfj'leses. This bill would provide that a small cell is a permitted use, not subject to a city or county discretionary permit, if the small cell meets specified requirements. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would authorize a city or county to require an administrative permit for small cell, as specified. The bill would define the term "small cell" as a partiet1lar !)pe efteleeemmt1t1ieatiens foeility for these purposes. Under existing law, a city or county, as a condition of approval of an application for a permit for construction or reconstruction of a 98 ATTACHMENT No. 1 SB649 -2- development project for a wireless telecommunications facility, may not require an escrow deposit for removal of a wireless telecommunications facility or any component thereof, unreasonably limit the duration of any permit for a wireless telecommunications facility, or require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county, as specified. This bill would apply these pfohibitions to the approval of small eell faeilities as defined by this bill. require permits for these facilities to be renewed for equivalent durations, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: tto-yes. State-mandated local program: tto-yes. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares that, to ensure 2 that communities across the state have access to the most advanced 3 wireless communications technologies and the transformative 4 solutions that robust wireless connectivity enables, such as Smart 5 Communities and the lnternet of Things, California should work 6 in coordination with federal, state, and local officials to create a 7 statewide framework for the deployment of advanced wireless 8 communications infrastructure in California that does all of the 9 following: 10 (a) Reaffirms local governments' historic role and authority 11 with respect to wireless commnnications infrastructure siting and 12 construction generally. 13 (b) Reaffirms that deployment of telecommunications facilities 14 in the rights-of-way is a matter of statewide concern, subject to a 15 statewide franchise, and that expeditious deployment of 16 telecommunications networks generally is a matter of both 17 statewide and national concern. 18 (c) Recognizes that the impact on local interests from individual 19 small wireless facilities will be sufficiently minor and that such 98 -3-SB649 1 deployments should be a permitted use statewide and should not 2 be subject to discretionary zoning review. 3 ( d) Requires expiring permits for these facilities to be renewed 4 so long as the site maintains compliance with use conditions 5 adopted at the time the site was originally approved. 6 (e) Requires providers to obtain all applicable building or 7 encroachment permits and comply with all related health, safety, 8 and objective aesthetic requirements for small wireless facility 9 deployments on a ministerial basis. 10 (f) Grants providers fair, reasonable, nondiscriminatory, and 11 nonexclusive access to locally owned utility poles, street lights, 12 and other suitable host infrastructure located within the public 13 right-of-way and in other local public places such as stadiums, 14 parks, campuses, hospitals, transit stations, and public buildings 15 consistent with all applicable health and safety requirements, 16 including Public Utilities Commission General Order 95. 17 (g) Provides for full recovery by local governments of the costs 18 of attaching small wireless facilities to utility poles, street lights, 19 and other suitable host infrastructure in a manner that is consistent 20 with existing federal and state laws governing utility pole 21 attachments generally. 22 (h) Permits local governments to charge wireless permit fees 23 that are fair, reasonable, nondiscriminatory, and cost based. 24 (i) Advances technological and competitive neutrality while not 25 adding new requirements on competing providers that do not exist 26 today. 27 SEC. 2. Seetion 65850.6 of the Go,errnnent Cocle is tlf1'lemled 28 to reacl: 29 65850.6. (a) A eolloeatio11 faeility shall be a permitted ttse 11ot 30 sttbjeet to a eit; or eotmty diseretimrm; pertnit if it satis£es Ille 31 folio" ing requirements. 32 (1) The eolloeatio11 faeility is eonsistent .. ith requiremerrts for 33 the .. ireless teleeommunieations eolloeation faeility pttrstta11t to 34 sttbdi ,isio1r (b) on .. hieh the eolloeation faeilit; is preposed. 3 5 (2) Tire "ireless teleeonnmmieations eolloeatio11 faeilit; 011 36 .. hieh the eolloeation faeilitj is preposed was subjeet to a 3 7 diseretionary perm it by the eity or eottnt) ancl afl en, ironrnental 3 8 impaet report was eertifled, or a negati, e t!eelaration or mitigatet! 39 negative deelaration .. as acloptecl for tire o,ireless 40 teleeommtmieations eolloeation faeilit:, it1 eomplitmee v, ith the 98 SB649 -4- 1 California Envirenmental Qtmliey Aet (Di, isien 13 Eeemniettei11g 2 ·,vith Seetien 21900) ef the Publie Reseurees Cede), !he 3 reqttirements ef Seetien 21166 de net apply, am! the ~elle~allefl 4 faeiliey• ineerperates reqttirecl mitigatien measare~ spee1fie~ ~fl that 5 enyirenmental impaet repert, negative deela:tatien, er rnrttgated 6 negative deelaratien. . . . . 7 Eb) A .. ireless teleeem1mmieattens eelleeatten fae1ltey, ."here 8 a subseqttent eelleeatien faeiliey is ? permitted ttse ne~ s~~eet te 9 a eiey or eettflty diseretionary permt! pt11s.tta:tt! te st1b~1,.1s1on Ea), 1 O shall be subjeet te a eiey or eouney cltseretteHary· permit 1sstte~ eH 11 er after Ja:t1ttary 1, 2007, and shall eernply .,ith all ofthe foll~.,rng. 12 El) City er eouney reqttiremeHts for a wireless 13 teleeemmuHieatieHs eelleeatieH faeiliey that Sjleeifies types of 14 direless teleeomrnunieatiens faeilities that are alle·.ved te inelude 15 a eolloeatien faeility, er ~ypes of "ireless teleeommttnieati~m 16 faeilities that a:t e allo" ed te inelude eertain types of eelloeatten 17 faeilities, height, leeatien, bulk, and size ef the "~reless 18 teleeommunieatiens eelleeatien faeiliey; pereentage efthe wireless 19 teleeemmunieatie11s eelleeatie11 faeility that may be eeetljlied by 20 eelloeatien faeilities; Md aesthetie er desig11 reqttirerne11ts fer the 21 direless teleeernl'lltlttieatiens eelleeatien faeility. 22 E2) City er eeun~y reqttiremett!s fer, a prep?~ed eelleeatie11 23 faeility, i11eludiflg a:tty eypes ef eelleeat~efl fae1lrt1es !hat mfr!. be 24 alle" ecl en a wireless teleeemmuflieatrnm eelleeattefl faetlrty; 25 height, leeatien, bulk, and size ef alle,,ed eelloet:tiefl fa_e!lities; 26 tmd aesthetie er clesigfl requiremeflts fe1 a eelleeattefl fae1ltey. 27 (3) State and Jeeal requirements,. iflelttding the ge~eral pl.mt, aHy· 28 apJ:llieable emmmmity plal'l er speetfie plal'l, ~nd :erung ?r~t.naflee. 29 (4) The California Errtiremnental Qttaltty. net (D1i1s1en 13 3 O (eemmeHeing with Seetie11 21000) efth~ Pubhe Resettrees Ce~e) 31 thremgh eertifieatien efan en, ire11mental 11nJ:1.aet repett, e.r aclepttefl 32 efa negative cleelaratien er mitigated negat1,e deela:at1en .. 3 3 (e) The eity er e(mnty shall helcl at least ene pubhe hearmg en ,,, ... E''" 34 the cl:iseretie11ary permit req,1ired pmstta:t1t te s,mu1, 131enoy tt_Ilct 35 netiee shall be giYen pursuant te Seetien 65091, unless etherw1se 36 required by this di, isien. 3 7 (cl) Fer ptll'peses ef this seetien, the fell e .. 'ing clefitiit_iens fiJlp_ly: 38 (1) "Celleeatiefl faeilit)'' means the plaeemmt er ms~Hatten 39 ef ,.ireless faeilities, inel~;ding aflteanas, and related eqmpment, 98 -5-SB 649 1 on, or irnmediatel) adjaeent to, a v, ii.eless teleeommttnieatio!ls 2 eolloeation faeility. 3 (2) "Small eell" me!lfls a "ireless teleeomnttmieatio1ts faeilit) 4 within the , olt1me limits established by the Federal 5 Comrn,mieations Commission for small wireless antennas at,d 6 assoeiated efjtlipment in the First An,endmettt to NationW'ide 7 Pt ogram111atie Agreement fot the Colloeation of Wireless Antenltfls 8 (47 C.F.R. Part 1 Appendix B). 9 (3) "'.'iireless teleeornmtmieations faeility" l'fle!lfls equipment 10 and nehvork eol'llponents sueh as tov;eis, tttilit) poles, trnnsmitters, 11 base stations, a!ld en,e1gene, po .. er S)Sterns that ate integral to 12 providing "iteless teleeoffll1lttnieations ser, iees. 13 (4) "Wireless teleeomntt1nieations eolloeation faeilit)" meat,s 14 a wireless teleeommunieations faeilit) that ineludes eolloeation 15 faeilities. 16 (e) The Legislature finds and deelaies that both Sl'flall eell imd 17 eolloeation faeilities, as defined in this seetion, have a signifieant 18 eeonomie il'llpaet in California !lfld ate not a l'fltlnieipal affair as 19 that tern1 is t1sed in Seetion 5 of Artiele XI of the California 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Constitution, lmt are a 111atter of statewide eoneem. (fJ With respeetto the eonside1ation of the erttironmental effeets ofrndio frequene, emissions, the reyiew b) the eit) or eottnty shall be limited to that attthorized by Seetion 332(e)(7) of Title 47 of the U!lited States Code, or as that seetiofl ma, be hereafter a111e!lded. SEC. 3. SEC. 2. Section 65964 of the Government Code is amended to read: 65964. As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications faeilit) or small eell, facility, as defined in Section 65850.6, a city or county shall not do any of the following: (a) Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost ofremoval. In establishing the amount of the security, the city or county shall take into consideration 98 SB649 -6- 1 information provided by the permit applicant regarding the cost 2 ofremoval. 3 (b) Unreasonably limit the duration of any permit for a wireless 4 telecommunications facility. Limits of less than 10 years are 5 presumed to be unreasonable absent public safety reasons or 6 substantial land use reasons. However, cities and counties may 7 establish a build-out period for a site. A permit shall be renewed 8 for an equivalent duration unless the city or county makes a finding 9 that the wireless telecommunications facility does not comply with 10 the codes and permit conditions applicable at the time the permit 11 was initially approved 12 (c) Require that all wireless telecommunications facilities be 13 limited to sites owned by particular parties within the jurisdiction 14 of the city or county. 15 SEC. 3. Section 65964.2 is added to the Government Code, to 16 read: 17 65964.2. (a) A small cell shall be a permitted use not subject 18 to a city or county discretionary permit if it satiifies the following 19 requirements: 20 (I) The small cell is located in the public right-of-way in any 21 zone or in any zone that includes a commercial or industrial use. 22 (2) The small cell complies with all applicable state and local 23 health and sqfety regulations. 24 (3) The small cell is not located on afire department facility. 25 (b) (I) A city or coun(y mqy require that the small cell be 26 approved pursuant to a single administrative permit provided that 27 the permit is issued within the time frames required by state and 28 federal law. 29 (2) An administrative permit may be subject to the following: 30 (A) The same administrative permit requirements as similar 31 construction projects applied in a nondiscriminatory manner. 32 (BJ The submission of additional information showing that the 33 small cell complies the Federal Communications Commission's 34 regulations concerning radio frequency emissions referenced in 35 Section 332(c)(7)(B)(iv) a/Title 47 of the United States Code. 36 (3) The administrative permit shall not be subject to: 37 (A) Requirements to provide additional services, directly or 38 indirectly, including, but not limited to, in-kind contributions such 39 as reservingfiber, conduit, or pole space. 98 -7-SB649 I (B) The submission of any additional information other than 2 that required of similar construction projects, except as specifically 3 provided in this section. 4 (C) Limitations on routine maintenance or the replacement of 5 small cells with small cells that are substantially similar, the same 6 size or smaller. 7 (D) The regulation of any antennas mounted on cable strands. 8 (c) A city or county shall not preclude the leasing or licensing 9 of its vertical infrastructure located in public right-of-way or public IO utility easements under the terms set forth in this paragraph. 11 Vertical infrastructure shall be made available under fair and 12 reasonable fees, terms, and conditions and offered on a 13 nondiscriminatory basis/or small cells. Fees shall be cost-based, 14 and shall not exceed the lesser of either of the following: 15 (1) The costs of ownership of the percentage of the volume of 16 the capacity of the vertical infrastructure rendered unusable by a 17 small cell. 18 (2) The rate produced by applying the formula adopted by the 19 Federal Communications Commission for telecommunications 20 pole attachments in Section 1. 1409(e)(2) of Part 47 of the Code 21 of Federal Regulations. 22 ( d) A city or county shall not unreasonably discriminate in the 23 leasing or licensing of property not located in the public 24 right-of-way owned or operated by the city or county for 25 installation of a small cell. A city or county shall authorize the 26 installation of a small cell on property owned or controlled by the 27 city or county not located within the public right-of way to the 28 same extent the city or county permits access to thatpropertyfor 29 commercial projects or uses. These installations shall be subject 30 to reasonable and nondiscriminatory rates, terms, and conditions. 31 (e) For purposes of this section, the following terms have the 32 following meanings: 33 (1) (A) "Small cell" means a wireless telecommunications 34 facility, as defined in Section 65850. 6, using licensed or unlicensed 35 spectrum that meets the following qualifications: 36 (i) Any individual antenna, excluding the associated equipment, 37 is individually no more than three cubic feet in volume, and all 38 antennas on the structure total no more than six cubic feet in 39 volume, whether in a single array or separate. 98 SB649 -8- l (ii) (I) The associated equipment on pole structures does not 2 exceed 21 cubic feet for poles that can support fewer than three 3 providers or 28 cubic feet for pole collocations that can support 4 at least three providers, or the associated equipment on nonpole 5 structures does not exceed 28 cubic feet for collocations that can 6 support fewer than three providers or 35 cubic feet for collocations 7 that can support at least three providers. 8 (II) The following types of associated ancillary equipment are 9 not included in the calculation of equipment volume: 10 (ia) Electric meters and any required pedestal. 11 (ib) Concealment elements. 12 (ic) Any telecommunications demarcation box. 13 (id) Grounding equipment. 14 (ie) Power transfer switch. l 5 (if) Cut-off switch. l 6 (ig) Vertical cable runs for the connection of power and other 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 services. (BJ "Small cell" does not include communications irifrastructure extending beyond the telecommunications demarcation box. (2) "Vertical infrastructure" means all poles or similar facilities owned or controlled by a city or county that are in the public right-of way or public utility easements and meant for, or used in whole or in part for, communications service, electric service, lighting, traffic control, signage, or similar jitnctions. (j) The Legislature find, and declares that small cells, as defined in this section, have a significant economic impact in Cal/fornia and are not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but are a matter of statewide concern. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 0 98 *********Sample Letter********** April 20, 2017 The Honorable Ben Hueso California State Senate, District 40 State Capitol Building, Room 4035 Sacramento, CA 95814 VIAFAX: 916-651-4940 RE: SB 649 (Hueso). Wireless and Small Cell Telecommunications Facilities. Notice of Opposition (As Amended March 28, 2017) Dear Senator Hueso: Attachment No. 2 The City of West Covina respectfully opposes your SB 649 related to the permitting of wireless and small cell telecommunications facilities. This proposal unnecessarily and unconstitutionally strips local authority over public property and shuts out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of"small cells." This proposal would prohibit local discretionary review of "small cell" wireless antennas, including equipment collocated on existing structures or located on new "poles, structures, or non-pole structures," including those within the public right-of-way and buildings. The proposal preempts adopted local land use plans by mandating that "small cells" be allowed in all zones as a use by-right. As such, the proposal provides a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the aesthetic, nuisance, and environmental impacts of these facilities, all of which are of particular importance when the proposed location of facilities is within a residential zone. SB 649's use of the Federal Communications Commission (FCC) definition of a "small cell" include other "small cell" equipment such as electric meters, concealments, telecom demarcation boxes, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cables, or conduits. While proponents argne that an individual "small cell" has very little impact, the cumulative size specifications of all the small cells and associated equipment far exceed the perceived impacts from a single cell. The proposal also unconstitutionally preempts local authority by requiring local governments to make available sites they own for the installation of a "small cell." While the city may place "fair and reasonable terms and conditions" on the use of city property, the proposal does not provide the city with any discretion to deny a "small cell" to be located on city property except for fire department sites. In effect, this measure unconstitutionally gives control of public property to private telecommunications companies, while also precluding local governments from leasing or licensing publicly owned property. The measure would limit the rent a local government can charge a wireless company to place a small cell on public property to a "cost-based" fee. SB 649 provides favorable treatment to one industry over others who are paying the appropriate market rate for access to city property. The public is entitled to the fair- market value for using their property, and the local govenunents are the legal owners and landlords renting the property. When local governments rent public property, they are obligated to act in the public's interest Attachment No. 2 and receive fair-market value. Control of property, including the ability to charge fair rent, is an essential property right. This bill strips local government of the authority to protect the quality oflife of our residents, and to protect public property and the public right-of-way from relatively unconstrained access by small cells. Local governments typically encourage new technology into their boundaries because of its potential to dramatically improve the quality of life for their residents. However, SB 649 goes too far by requiring local governments to approve "small cells" in all land use zones, including residential zones, through a ministerial permit, thereby shutting the pnblic out of decisions that could affect the aesthetics of their community and the quality of their environment. For these reasons, the City of West Covina opposes your SB 649. Sincerely, Corey Warshaw Mayor City of West Covina cc: Senator Josh Newman Senator Ed Hernandez Jason Gonsalves, Joe A. Gonsalves & Son Jennifer Quan, League of CA Cities Regional Public Affairs Manager, jguan@cacities.org Nidia Bautista, Consultant, Senate Energy, Utilities & Commerce Committee, Nidia.Bautista@sen.ca.gov Kerry Yoshida, Principal Consultant, Senate Republican Caucus, Kerry.yoshida@sen.ca.gov Meg Desmond, League of California Cities, mdesmond@cacities.org , LEAGUE" -'-or CALIFORNIA CITIES March 28, 2017 The Honorable Ben Hueso Chair, Senate Utilitles1 Energy and Communications Committee State Capitol, Room 4035 Sacramento, CA 95814 ATTACHMENT No. 3 Subject: OPPOSITION to SB 649 (Hueso}-"Small Cell" Wireless Infrastructure Permitting (as amended March 28'hl-In Senate Energy, Utilities, and Communications Committee April 5th, 2017 Dear Senator Hueso: The California Chapter of the American Planning Association (APA California), the League of California Cities (LCC), the Urban Counties of California (UCC), the Rural County Representatives of California (RCRC) and Protect our Local Streets Coalition (POLS) all must respectfully oppose your bill, SB 649. SB 649 would unnecessarily shut out public input by eliminating local consideration of the aesthetic and environmental impacts of "small cells." These not-so-small "small cell" structures would be required to be allowed on public property in ANY zone in a city or county. SB 649 would also require cities and counties to lease or license publicly-owned facilities. We appreciate the opportunity to meet with supporters of the bill prior to the amendments. However, the language in print is even more problematic than what was mocked up for discussion at our meeting. In fact, the new language in print leaves us with more questions and concerns, listed below: By-Right Approval for "Small Cells" SB 649 would tie the hands of local government by prohibiting discretionary review of "small cell" wireless antennas and related equipment, regardless of whether they will be collocated on existing structures or located on new "poles, structures, or non-pole structures," including those within the public right-of-way. This would shut out the public from the permitting process and preempt adopted local land use plans by mandating that "small cells" be allowed in .fill zones as a use by-right. Without a discretionary permit, the these not-so-small cell structures would not be subject to the California Environmental Quality Act (CEQA) or consideration of aesthetics, design and nuisance impacts. Nothing would prevent, for example, a small cell(s) to be placed on a city/county owned light pole that is directly in front of a resident's window, or placed on a traffic signal, which was never intended to hold wireless infrastructure. It's important to note the Federal Communications Commission (FCC} still preserves local government's authority to require a discretionary permit. Why should California go beyond the FCC to remove local discretion? Not So Small Unfortunately, these "small cells" are not necessarily small. The definition is not inclusive of ALL infrastructure necessary to support SG technology. The definition explicitly excludes: • Electric meters and any required demarcation box • Concealment elements • Any telecommunications demarcation box Unknown Terms • Grounding equipment • Power transfer switches • Cut-off switches • Vertical cable runs "Single administrative permit." (Sec. 65964.2(b)(1)) There are permits that are "ministerial," such as a building permits, and permits that involve "discretionary" authority, such as encroachment-permits, and either may be "administrative" depending on the process adopted by a local government. Building permits involve a building inspector verifying the safety of a building project. Projects in a public right of way (PROW) may also require an encroachment permit, which involves an inspector verifying that a project complies with PROW requirements. Building permits and encroachment permits cover entirely different concerns. Building inspectors do not check for Americans with Disabilities Act requirements that are not in the California Building Standards Code, and encroachment permit inspectors do not check the safety of the electrical connections. It is untenable to suggest that local governments should be forced to choose only one, but that appears to be one possible interpretation. Another possible interpretation is that an administrative body, such as a planning department, would be free of all supervision of the elected body that it serves. (Elected bodies are not "administrative" bodies.) This is an admittedly unusual outcome, but it appears to be a reasonable interpretation. Whatever the "single administrative permit" should mean, it is also not clear how it is used in the bill. Sec. 65964.2{b) exempts small cells from all discretionary review if the listed criteria are met. This would appear to call for items to be included in an application that demonstrate satisfaction of the exemption requirements, and the first two items do just that. The third item, however, is the phrase "single administrative permit." We fail to understand how this is an element of an application for a small cell. "Similar construction projects" {Sec. 65964.2{b)(3){B)) states that single administrative permits may include "the same administrative permit requirements as similar construction projects ... " We are unaware of any construction projects similar to small cells. Placing small cells on publically owned property is a recent occurrence with no precedent to guide policy discussions. SB 649 attempts to borrow from over a century of policies applicable to utility poles, and graft them onto public property that has no prior connection to delivering utility services 2 How is "the regulation of any antennas mounted on cable strands" to be interpreted? (Sec. 65964.2(b)(3)(D)) This section lists items that the single administrative permit may not be subject to. It's not clear what it means to say that a permit for a small cell may not be subject to the regulation of something that is not a small cell. If this means strand mounted antennas may not be regulated, it is a threat to public safety. Mandatory Leasing of City or County Property at Little to No Cost SB 649 takes an extensive body of policy and legal precedent developed for access to utility poles and applies it to publicly owned property. Utility poles have always been treated as "shared facilitates," meaning that each pole was intended to serve multiple utility users wherever possible. This has led to the extensive regulations governing access to utility poles. Street lights and traffic signals are not "shared facilities." They were installed for purposes unrelated to utilities and they were built at public expense. The costs associated with these public structures are unique, and, most importantly, they have never been the subject of utility- style regulations. SB 649 doesn't acknowledge these critical differences, and simply treats any "vertical infrastructure in the public right of way" just like a utility pole. Section 65964.Z(b) would limit the rent a local government can charge a wireless company to place a small cell on public property to a "cost-based" fee. When local governments spend taxpayer money on street and traffic lights, it's not expected that they would one day become used for the benefit of one industry. SB 649 provides favorable treatment to one industry over others who are paying the appropriate market rate for access to city property. The public is entitled to the fair-market value for using their property, and the local governments are the legal owners and landlords renting the property. When local governments rent public property, they are obligated to act in the public's interest and receive fair-market value. Control of property, including the ability to charge fair rent, is an essential property right. To the extent SB 649 deprives a local government of essential property rights, it may constitute a Separation of Powers violation, a regulatory taking, or a prohibited gift of public resources under Art XVl§6 of the State Constitution. Reinventing the Wheel The Wireless Telecommunications Bureau recently issued a Public Notice for comment on potential FCC actions to help expedite the deployment of small cells, including streamlining at the local level. The comment period just closed in March of 2017. It is appropriate to allow this process to complete before taking action on this matter. Small Cell Deployment is New As we understand per discussions with supporters, small cells are just in the beginning stages of being deployed. Given that many jurisdictions may not have even processed a small cell permit yet, or only handled a small number, we are unclear where the concerns are coming from that have prompted the need for this bill. We haven't seen any examples yet to demonstrate a lack of deployment. We understand that there is a desire to have certainty for providers when 3 applying for these permits -local governments want certainty too. Complete applications help - -quick response to potential redesign also helps, for example. To provide a more streamlined statewide process, it may be more beneficial to require the Office of Planning and Research {OPR) to develop a model ordinance or other guidance for both jurisdictions and providers to use, rather than passing legislation at this time. What's Next? The wireless industry continues to push legislation every year to further remove local government's discretion over wireless structures. We can't help but wonder what else, or what other types of structures or industries will be next in line. While the undersigned organizations support the deployment of facilities to ensure that Californians have access to telecommunications services, this goal is not inherently in conflict with appropriate local planning and consideration for the environmental and aesthetic impacts of such facilities. A better approach would be one that encourages coordination and up-front planning to ensure that wireless technology can be deployed as quickly as possible but with due consideration for aesthetics and the environment. Finally, we want to note that we greatly appreciate the time your staff, Nida Bautista, has taken to meet with us to discuss our concerns. Please do not hesitate to contact us with any questions about our position. Sincerely, Jolena Voorhis Executive Director Urban Counties of California jolena@urbancounties.com Rony Berdugo Legislative Representative League of California Cities rberdugo@cacities.org Lauren De Valencia Legislative Representative American Plannlng Association, California Chapter lauren@stefangeorge.com Tracy Rhine Legislative Representative Rural County Representatives of California TRhine@rcrcnet,org Syrus Devers Protect our Local Streets Coalitlon Best Best & Krieger LLP Syrus.Devers@bbklaw.com cc: The Honorable Senator Ben Hueso, Chair Senate Energy, Utilities & Communications Committee Members and Consultant, Senate Energy, Utllitles & Communications Committee Kerry Yoshida, Senate Republican Caucus The Governor and OPR 4 ATTACHMENT No. 4 SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS Bill No: Author: Version: Urgency: Consultant: Senator Ben Hueso, Chair 2017 -2018 Regular SB 649 Hueso Hearing Date: 4/4/2017 3/28/2017 As Amended No Nidia Bautista Fiscal: Yes SUBJECT: Wireless telecommunications facilities DIGEST: This bill establishes a statewide framework for streamlining the permitting siting process of small cell wireless facilities that meet specified requirements. Specifically, this bill requires an administrative permit in lieu of a discretionary pennit, requires cost-based fees in lieu of market pricing, and ensures access to mosthostinfrastrncture in the utility right-of-way and also within a commercial or industrial zone. This bill also requires pennits for wireless telecommunications facilities would be automatically renewed for equivalent durations, as specified. ANALYSIS: Existing law: 1) Establishes specified limitations, preemptions and preservation oflocal zoning authority in relation to the siting of personal wireless service facilities as part of the many provisions of the Federal Telecommunication Act of 1996. 2) Provides that except as noted in the Federal Telecommunication Act of 1996, nothing in the Act shall limit or affect the authority of a state or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. 3) Establishes that the regulation of the placement, construction, and modification of personal wireless service facilities by any state or local government or instrumentality thereof~ (i) shall not unreasonably discriminate among providers of functionality equivalent services; and (ii) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. 4) Establishes that a state or local government shall act on any request for authorization to place, construct, or modify personal wireless service facilities SB 649 (Hueso) Page 2 of 13 within a reasonable period of time after the request is duly filed with such government, taking into accountthe nature and scope of such request. 5) Requires that any decision by a state or local government to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. 6) Provides that no state or local government may regulate the placement, construction, and modification of personal wireless service facilities on the bases of the environmental effects ofradio frequency emissions to the extent that such facilities comply with the Federal Communications Commission (FCC)regulations concerning such emissions. Allows any person adversely affected by an act or failure to act by a state or local govermnent that is inconsistent with the FCC compliance requirements related to radio frequency emissions may petition the FCC for relief. 7) Provides that any person adversely affected by any fmal action or failure to act by a state or local government that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. (47 United States Code §332) 8) Limits the consideration of the environmental effects of radio frequency emissions .by the city or county to that authorized by Section 332( c )(7) of Title 47 of the United States Code, as specified. (California Government Code §65850.6) 9) Provides that no state or local statute or regulation, or other state or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. ( 47 United States Code §253) 10) Provides that a state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such a tower or base station. (47 United States Code§l455 (a)) 11) Establishes a framework, process, and procedures governing the attachment of telecommunications facilities to investor-owned utility poles, providing the California Public Utilities Commission (CPUC) to establish and enforce rates, terms and conditions for pole attachments. (Public Utilities Code §767.5) SB 649 (Hueso) Page 3 of13 12) Establishes a framework, process, fees, and procedures governing the attachment of teleconnnunications facilities to municipal utility poles, providing for safety and reasonable terms and conditions. (Public Utilities Code §9510 et seq.) 13) Provides that a wireless telecommunications collocation facility shall be a permitted use not subject to a city or county discretionary permit if it satisfies several requirements, as specified. (California Government Code §65850.6) This bill: 1) Makes fmdings and declarations regarding ensuring the communities across the state have access to the most advanced wireless communications technologies, reaffirms local governments' historic authority with respect to wireless connnunications infrastructure siting and many other findings and declarations. 2) Defmes small cell as a wireless telecommunications facility using licensed or unlicensed spectrum whereby: a) Any individual antenna, excluding the associated equipment, is individually no more than three cubic feet in volume, and all antennas on the structure total no more than six cubic feet in volume, whether in a single array or separate. b) The associated equipment on pole structures does not exceed 21 cubic feet for poles that can support fewer than three providers or 28 cubic feet for pole collocations that can support at least three providers, or the associated equipment on non-pole structures does not exceed 28 cubic feet for collocations that can support fewer than three providers or 35 cubic feet for collocations that can support at least three providers. c) Exempts specified equipment from the calculations of a small cell, including: electric meters, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, vertical cable runs for the connection of power and other services. d) Excludes communications infrastructure extending beyond the telecommunications demarcation box from the defmition of small cell. 3) Defines vertical infrastructure to mean all poles or similar facilities owned or controlled by a city or county that are in the public right-of-way or public utility SB 649 (Hueso) Page 4 of 13 easements and meant for, or used in whole in or in part for communications service, electric service, lighting, traffic controi signage, or similar functions. 4) Establishes that a small cell is a permitted use not subject to a city or county discretionary permit if it satisfies specified requirements a) Located in: i) the public right-of-way in any zone or ii) in any zone that includes a commercial or industrial use. b) Complies with all applicable state and local health and safety regulations. c) Is not located on a fire department facility. 5) Authorizes a city or county to require that small cell be approved pursuant to a single administrative permit provide that the permit is issued within the time frames required by state and federal law. 6) Requires the administrative permit must be subject to the same requirements as similar construction projects applied in a nondiscretionary manner and submission of additional information showing that the small cell complies with the FCC' s regulations concerning radio frequency emissions. 7) Prohibits an administrative permit from requirements to: a) Provide additional services, directly or indirectly, including, but not limited to, in-kind contributions such as reserving fiber, conduit, or pole space. b) Submission of any additional information other than required c) Limits on routine maintenance of the replacement of small cells with small cells. d) Regulation of any antennas mounted on cable strands. 8) Prohibits a city or county from precluding the leasing or licensing of its vertical infrastructure located in public right-of-way or public utility easements, and requires the fees are cost-based, based on the FCC' s formula. 9) Prohibits a city or county from unreasonably discriminating in the leasing or licensing of property not located in the public right-of-way. 10) Requires that a pennit for a wireless telecommunications facility is renewed for an equivalent duration as the initial permit, unless the city or county makes a fmding that the wireless telecommunications facility does not comply with the codes and permit conditions applicable at the time the permit was initially approved. SB 649 (Hueso) Page5of13 11) Finds and declares that small cells have a significant economic impact in California and are not a municipal affair but are a matter of statewide concern. Background Over the past decade, there has been an explosion of wireless devices in the marketplace, from cell phones, tablets, health monitors, and smart appliances. Satisfying the consumer demand for efficient and reliable wireless communications is largely dependent on infrastructure that has required a network oflarge macro cell towers (most over 200 feet tall). These large structures have dotted the landscape in various shapes and forms, from a very noticeable large antenna to something disguised as a palm tree. Next Generation of Technology. Unlike larger macro cell large towers, small cells will need to be deployed at greater volumes in more concentrated areas. These smaller wireless facilities are about 40 feet tall and can augment the capacity of the wireless bandwidth of the macrocell towers. According to the sponsors ofthis bill, CTIA, the potential for next generation smaller wireless facility technology in the form of5G network deployments will "likely offer mobile Internet speeds of more than 10 gigabits per second-roughly 100 times faster than current networks. Downloading feature-length movies could take less than five seconds with 5G, compared to as long as eight minutes with 4G LTE. Deployment of5G technology is a key part of supporting the vast increase in bandwidth-hungry smart objects expected to come online in the decades that follow." Unlike larger macrocell towers, small cells will need to be deployed at greater volumes in more concentrated areas. Small Cell. According to the FCC, small cells are "low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. Wireless service providers often use small cells to provide connectivity to their subscribers in areas that present capacity and coverage challenges to traditional wide-area macrocell networks, such as coverage gaps created by buildings, tower siting difficulties, and challenging terrain. Because these cells are siguificantly smaller in coverage area than traditional macrocells, networks that incorporate small-cell technology can reuse scarce wireless frequencies, thus greatly increasing spectral efficiency and data capacity within the network footprint." A small cell can only work with a corresponding provider. Federal Statutes. Section 332 ( c )(7) of the Federal Telecommunications Act of 1996 largely preserves state and local authority over siting requirements of SB 649 (Hueso) Page6of13 personal wireless service facilities with some limitations. These limitations include a requirement that the state and local entity are: >-not unreasonably discriminating among providers of functionally equivalent service; >-not prohibiting provision of service; >-acting within a reasonable time; >-denying requests in writing and supported by substantial evidence in a written record; and >-not regulating based on effects ofradiofrequency emissions if the facility complies with FCC rules. Additionally, Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of2012 (Spectrum Act) provides, in part, that "a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." In both cases, the federal government largely preserved the authority of states and local governments to determine decisions regarding the placement, construction, and modification of personal wireless service facilities, even as it largely preempts state and local regulation ofwireless services. FCCRfforts to Streamline Siting Permitting. Inits role in implementing the provisions of the federal statutes, the FCC has taken a strong interest in advancing the deployment of broadband infrastructure, including wireless infrastructure. FCC notable actions in this area include: 2009 Declaratory Ruling adopted in response to a petition by the wireless industry requesting clarification of the wireless communications provisions adopted in the Telecommunications Act of 1996. The ruling addressed what constitutes a reasonable period of time after which an aggrieved applicant for a wireless facility may file suite asserting a failure to act by the local land use agency. In general, but with many exceptions, the presumptively reasonable time period is 90 days for collocations ( attached to existing facility) and 150 days for new builds. These timeframes were upheld in a related court case, City of Arlington v. FCC. Infrastructure Report and Order adopted by the FCC in October 2014 which adoptedrnles to implement and enforce Section 6409(a). In general, the rnles addressed the facilities the section would apply to, how substantial changes to a facility would be defmed, the review process and timeline, and other matters. These rules were affirmed in a related court case, Montgomery County v. FCC. SB 649 (Hueso) Page7of13 • Section 6409(a) would apply to facilities for any FCC-authorized wireless communications service, antennas and other equipment associated with and necessary to operation (distributed antenna systems, power supply, and backup power), on any structure built for sole or primary purpose of supporting antennas, or that houses base station equipment, and must have been approved under applicable state or local process. • Defmes substantial change in physical dimensions as any of the following: increases height by more than 10 percent or 10 feet (20 feet for towers outside rights-of-way), protrudes more than 20 feet (most towers) or 6 feet (towers in rights-of-way, base stations), involves more than standard number of equipment cabinets (up to 4), or excavation/deployment is outside current site. • Establishes a review process and timeline that provides state/local may review to determine applicability of Section 6409(a), may require documents to review, 60-day time limit for review (may toll within frrst 30 days if incomplete application), after 60 days deemed granted upon applicant's notification, and requires disputes are resolved in court. • Provides that building codes and non-discretionary structural and safety codes remain applicable and does not apply to municipality in proprietary capacity ( city owns the property). In addition to the above, the FCC has tal<en steps to streamline siting of wireless communications facilities through the changing the affect of the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) on the siting of these facilities. Specifically, under the 2014 Infrastructure Report and Order, collocations were excluded from NEPA review under FCC rules, except for NHP A review and exposure to radio frequency emissions. Additionally, construction of poles and similar structures in rights-of-way were also excluded under defmed conditions. The FCC facilitated the establishment of a Nationwide Collocation Agreement which excluded most collocations 'from NHP A review. Major exceptions included collocations on structures ( other than macro cell wireless towers) that are over 45 years old, on historic properties, or in or near historic districts. The Infrastructure Report and Order adopted limited further exclusions for collocations of small facilities. The FCC conmutted to develop further exclusions through a program alternative under Advisory Council on Historic Preservation rules. SB 649 (Hueso) Page8of13 Additionally, in May 2016, the FCC hosted a day-long workshop on the topic of small cell and distributed antenna system deployment where the former Chair of the FCC under President Obama, Chair Wheeler, opened the workshop and stated that small cell deployment "is a national priority." The workshop provided a venue to discuss some of the existing challenges and interests in further streamlining deployment and shared a few case studies, including the successes and challenges to deploy small cells in San Francisco in response to the Super Bowl 50. Subsequently to the workshop, the FCC sought public comment on several options for additional streamlining with a goal to develop and complete the process by fall of2016. In late December 2016, the FCC formally invited public comment on streamlining deployment of small cell infrastructure by improving siting policies. The comment period was extended and is scheduled to close this week, onApril 7, 2017. FCC under President Trump. The current chair of the FCC under President Trump, Chair Pai, has also noted the importance of deploying broadband infrastructure, including wireless infrastructure. Just last week, on March 30, 2017, the FCC issued a new Notice of ProposedRulemaking and Notice of Inquiry to Accelerate Broadband Deployment "to commence an examination of the regulatory impediments to wireless network infrastructure investment deployment and how we [FCC] may remove or reduce such impediments." All signs point to an FCC intent on completing this inquiry as expeditiously as possible, possibly as early as smnmer. At this juncture, it's unclear how this bill might interact with any actions the FCC adopts. Public Rights of Way. This bill includes language that acknowledges the need to adhere to existing health and safety requirements associated with attaching communications equipment on utility poles. However, the language in this bill can be strengthened to explicitly mention adherence to existing utility pole attachments requirements in rights of way, including those promulgated by the CPUC for investor-owned utilities (including those in General Orders 95 and 28) and those for municipally-owned utilities, including requirements adopted by AB 1027 (Buchanan, Chapter 580, Statutes of201 l). Both the CPUC for investor-owned utility poles and statute regarding municipally-owned poles, establishes weight limitations and cost-based fees associated with attaching equipment to utility poles. These standards must be maintained to ensure the public safety and ensure utilities are compensated appropriately. The author and committee may wish to amend this bill to reference the need to adhere to existing requirements of the CPUC for investor-owned and statute regarding utility pole attachments for municipally- owned utilities. Cost-based Fees v. Market Price. In anticipation of deploying tens of thousands of small cells, the wireless providers' propose to cap fees a local jurisdiction can SB 649 (Hueso) Page9of13 assess when attaching to host infrastructure (including that owned by the locality) in order to reduce costs to for deployment of the technology. As noted above, utility poles require cost-based fees for any equipment that will be attached to the pole. These tend to be formula determined costs, depending on the size of the attachment, established over time via FCC, CPUC, statute, and municipal utility rules. This bill seeks to provide access to attach to other host infrastructure, not only utility poles, but including city-owned street lights, traffic signals and other city-owned properties. The wireless providers argue that fees can be quite varied by jurisdiction and may often be charged at the price the market can bear. The wireless providers suggest that some of the fees result in paying for services other than the costs associated with the attachment. Representatives for the cities and counties aclmowledge the varied fees, but note they are the owners of their property and should be able to detennine the fee based on their unique needs and costs. Technology Neutrality? This bill addresses streamlining the permitting siting processes for deployment of small cells. As noted above, small cells are owned by the individual wireless phone service carriers who would each need to deploy their own small cells to augment their bandwidth capacity. It's of note that the FCC, in many documents, combines both distributed antenna systems, whose ownership is not specific to a given provider, but requires working with a provider to utilize their spectrum radio frequency. Additionally, California Cable and Teleconnnunications Association (CCTA) has expressed concerns regarding their interests to included language related to their wireless technology, wifi, available as remote "hot spots"fortheir customers. CCTAhas recently provided some amendments. The author and committee need more time to review with all stakeholders, including the CPUC which has recently ruled against CCTA for a wireless-related access, absent a specified certificate of public convenience and necessity. Should this bill move forward, the author has committed to continue engaging with CCTA to attempt to address their concerns. Environmental Health Effects. A few of the commenters that oppose this bill have raised concerns regarding the health impacts from radio frequency/microwave radiation associated with wireless c01mnunications. These commenters present several studies, as well as a California Medical Association resolution supporting efforts to reevaluate microwave safety exposure and efforts to implement new safety exposure limits for wireless devices to a level that do not cause harm. While these comments raise very serious concerns, federal law, specifically the Telecommunications Act of 1996, limits the consideration of the environmental effects of radio frequency emissions by states and local governments in so far as a proposed project is in compliance with FCC requirements. The law requires that any remedies for those projects that are out of compliance must be addressed by SB 649 (Hueso) Page 10 of 13 the FCC. Thls bill includes language requiring compliance with the FCC existing emissions requirements. However, those who opposethls bill out of concern for the health impacts of wireless technologies are not likely to be satisfied with the standards the FCC has established. Local Land Use Concerns. The main thrust of this bill affects local land use decision-making. In establishing a statewide framework for small cell deployment, thls bill establishes limitations on the process, procedures and abilities oflocal governments to site small cell facilities. As such, thls bill is double-referred to the Senate Committee on Governance and Finance which can better address issues related to local land use policy, including: changes to zoning, changes to the discretionary permitting process to a ministerial process, changes to fees associated with attachment on host infrastructure owned by local governments and in the right-of-way, aesthetic considerations and review, and other issues. Double Referral. Should this bill be approved by thls committee, it will be re- referred to the Senate Committee on Governance and Finance for its consideration. Prior/Related Legislation AB 2788 (Gatto, 2016) included sinillar provisions as this bill. The bill was referred to this committee, but was never heard after being pulled from being heard by the author. AB 57 (Quirk, Chapter 685, Statutes of2015) provided that a collocation or siting application for a wireless telecommunications facility is deemed approved if the city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable decisions of the FCC, all required public notices have been provided regarding application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed. AB 162 (Holden, 2013) would have prohibited a local government from denying an eligible facilities request, as defmed, for a modification of an existing wireless telecommunications facility or structure that does not substantially change the physical dimensions of the wireless telecommunications facility or structure, and would have required a local govermnent to act on eligible facilities request within 90 days ofreceipt. The bill was referred to the Assembly Committee on Local Govermnent but was never heard. AB 1027 (Buchanan, Chapter 580, Statutes of20I 1) required local publicly owned electric utilities, including irrigation districts, to maim appropriate space and SB 649 (Hueso) Page11of13 capacity on and in their utility poles and support structures available for use by communication service providers. SB 1627 (Kehoe, Chapter 676, Statutes of2006) required that a city or county to administratively approve, through the issuance of a building permit or nondiscretionary permit issued by the planning department, an application for a collocation facility on or immediately adjacent to a wireless telecommunication facility that complies with specified state and local requirements for such projects. The bill expanded the definition of the term "development project" within the Permit Streamlining Act to include projects involving the issuance of a permit for construction or reconstruction for a wireless telecommunications facility. Additionally, SB 1627 prohibited a development project for a wireless telecommunications facility from being subject to a permit to operate. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT: CTIA (Source) 59DaysOfCode American Indian Chamber of Commerce of CA Asian Pacific Islander American Public Affairs Association Asian Resources Inc. AT&T Berkeley Chamber of Commerce California Asian Pacific Chamber of Commerce California Friday Night Live Partnership California Hispanic Chamber of Commerce CA Manufacturers & Technology Association California Urban Partnership CAL innovates Carlsbad Chamber of Commerce Carmel Valley Chamber of Commerce Cerritos Regional Chamber of Commerce Chinese American Association of Solano County Community Technology Network Concerned Citizens Community Involvement Congress of California Seniors Council of Asian Pacific Islanders Together for Advocacy and Leadership Council on American-Islamic Relations, California Disability Rights Education and Defense Fund Downtown San Diego Partnership Elderly Foundation El Dorado County Chamber of Commerce Eskaton Foundation Exceptional Parents Unlimited Fresno Area Hispanic Foundation Lighthouse Com1seling & Family Resource Center Long Beach Area Chamber of Commerce Los Angeles Urban League Meeting of the Minds Monterey County Business Cotmcil National Assn of Advancement of Colored People National Association of Advancement of Colored People -Inglewood/South Bay National Association of Advancement of Colored People -Riverside National Association of Advancement of Colored People -San Diego National City Public Safety Foundation National Association of Hispanic Rea!Estate Professionals -Sacramento National Latina Business Women Assn. of LA Oakland Metropolitan Chamber of Commerce Oceanside Chamber of Commerce Orange County Business Council Orange County Hispanic Chamber of Commerce Organization of Chinese Americans Pacific Grove Chamber of Commerce Board of Directors Rancho Cordova Chamber of Commerce Sabio Enterprises Inc. Sacramento Asian Pacific Chamber of Commerce Sacramento Hispanic Chamber of Commerce Sacramento Metro Chamber Sacramento Regional Conservation Corps San Diego North Economic Development Council San Ysidro Chamber of Connnerce Silicon Valley Leadership Group SB 649 (Hueso) Fresno Center for New Americans Fundacion Pro J oven Talento Salvadoreno Gateway Chambers Alliance Greater Coachella Valley Chamber of Commerce Greater Los Angeles African American Chamber of Commerce Greater Sacramento Urban League Hacker Lab Hispanic Heritage Foundation InBiz Latino-North County Hispanic Chamber Invictus Foundation Jobs and Housing Coalition Lake County Sheriffs Office Latin Business Association Latino Council Latino Environmental Advancement & Policy Project Lifestyle Stroke Foundation CONCERN: Page 12 of 13 Society for the Blind Solano Community College Educational Foundation South Bay Association of Chamber of Commerce Southern CA Hispanic Chamber of Commerce Southern Christian Leadership Conference of Southern California Sprint The East Los Angeles Connnunity Union The Arc California Torrance Area Chamber of Commerce United Policyholders Urban Corps of San Die go County Verizon Veteran's Association ofNortb County Volunteers of America Southwest Women's Intercultural Network California Association of Competitive Telecommunications Companies California Cable & Telecommunications Association Frontier Commllllications OPPOSITION: American Planning Association CA Chapter of the American Planning Association California State Association of Counties City of Buena Park City of Chino Hills City of Citrus Heights City of Cloverdale City ofDublin City of Hayward City ofindian Wells City of Lafayette City of Laguna Beach Mayor City of Lakeport City of Lodi City of Murrieta City of National City City of Nevada City City ofNorwallc City of Point Arena City of Roseville City of Santa Clara City of Santee City of Thousand Oaks City of Vista EMF Safety Network Ecological Options Network League of California Cities Marin County Council of Mayors and Councilmembers Northern California Power Agency Protect our Local Streets Coalition Rural County Representatives of California Scientists for Wired Technology Town of Danville Town of Hillsborough Urban Cmmties of California An Individual ARGUMENTS IN SUPPORT: According to the sponsors of this bill, CTIA, "In many California localities, the rules, regulations, and application fees for wireless infrastructure are decades old, put in place when 200-foot tall cell towers SB 649 (Hueso) Page 13 of 13 were the norm. These rules are barriers to meeting today's wireless demand and enabling 5G innovations." ARGUMENTS IN OPPOSITION: The majority of the arguments against the bill are reflected in the letter from the League of Cities which opposes the limitations this bill imposes on decision-making oflocal jurisdictions on permit siting, including concerns regarding the limitations on the assessment of fees on use of city and county property, the limitations on local discretionary review, imposition of zoning changes, concern that more than one antenna would be sited on a host infrastructure (pole) and an overall belief that this bill "strips the local governments of the ability to protect the quality of life of their residents." As noted above, some opposition stems from the growth of radio frequency which would increase near homes under this bill. The opposition from NCP A requests clarification that municipal utility poles are still subject to existing requirements relative to the involvement of the municipal utility. --END -- I 'i I I I DATE: TO: FROM: AGENDA ITEMNO. 24 AGENDA STAFF REPORT City of West Covina I Office of the City Manager April 18, 2017 Mayor and City Council Chris Freeland City Manager SUBJECT: FUNDING FOR POLICE OFFICER BIKE PATROL TEAM TO FOCUS ON SAFETY IN CITY PARKS AND HOMELESS OUTREACH RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Increase the number of authorized full-time sworn Police Officer positions in the Police Department by two, forming a new bike patrol team to focus on safety in City parks and homeless outreach; 2. Establish the City Law Enforcement Grant Fund (Fund 234); and 3. Adopt the attached resolution authorizing the necessary budget amendment: RESOLUTION NO. 2017-21 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 (BIKE PATROL) BACKGROUND: At the October 4, 2016 City Council Meeting, the City Council directed City staff to prepare a report evaluating the potential to create a dedicated "bike patrol" team of two Police Officers in order to better enforce growing safety issues in City parks. Staff examined the issues, and identified two funding sources for a new bike patrol team. Funding for Police Officer Bike Patrol Team Page 2 of 4 -April 18, 2017 DISCUSSION: Over the past year, the City has received an increased number of complaints by residents regarding the presence of homeless individuals in the parks while the Los Angeles Housing Services Authority (LAHSA) Homeless Count for the City of West Covina shows a decline in the homeless population compared to 2015. Toward the end of calendar year 2015, the Police Department created a new reporting code to track service calls for homeless complaints and enforcement actions. In calendar year 2016, the Police Department documented 2,248 of these homeless calls citywide. Of the 2,248 homeless calls, 120 of them occurred at City parks. The City of West Covina currently has sixteen (16) City owned parks. Complaints have been made by residents surrounding various City parks and arise when there is illegal activity such as overnight camping, graffiti, drug and alcohol use, public urination and defecation, and unwelcome behavior towards children and families. Also, individuals have been twisting the chains on the park benches and breaking them in order to move benches together for sleeping purposes. This creates a cost to the City, spending additional money for equipment and maintenance. In addition to the complaints and issues at parks relating to homeles.s individuals, there are other persons using the parks for dangerous or illegal activities. This is an ongoing problem, with service calls varying from year to year. In calendar year 2015, the Police Department documented 2,892 police responses to incidents at City parks that did not involve homeless. In calendar year 2016, the figure was 2,231. These cases included incidents of graffiti, gang activity, alcohol, drugs, and disturbing the peace. Trash that is left behind by park users can also create a public safety issue by attracting wildlife. With these issues in mind (homeless calls citywide, police responses to parks citywide), staff has explored adding two new Police Officer positions-creating a team dedicated to park safety and homeless outreach. To fund this new team, staff has identified two funding sources: City Law Enforcement Grant and Low-to-Moderate Income Housing Asset Funds (Housing Funds). By combining these two funding sources, with both sources paying for a portion of each Officer, this team can provide targeted enforcement at parks, and address homeless concerns citywide, with this funding lasting approximately two years. The first source of funding is the City Law Enforcement Grant from the Board of State and Community Corrections (BSCC), which is specific to homeless outreach and enforcement. Police Department staff obtained BSCC funding totaling $250,000 to partially fund this team. The requirements of the BSCC dictate that the funds cannot be used for anything other than this team. In addition to the parks related duties described above, this new team will be the fust responders to homeless calls, and will also be proactive by seeking contacts with the homeless (building trust relationships, which can help deescalate crisis situations and help individuals to accept social services). The two new Police Officer positions will receive specialized training in crisis communication, social services, etc., and will be connected to the local and regional social service Funding for Police Officer Bike Patrol Team Page 3 of 4 -April 18, 2017 network, expanding upon longstanding partnerships that the City of West Covina has with other agencies, hospitals, churches, etc. This team's mission will be to provide effective, multi- organizational emergency responses to those in need of housing, mental health, and related social services. This teams' target population will be primarily street level and sheltered homeless, as well as those in need of mental health services. This new team's work will be supplemented by an existing partnership with Los Angeles County, who assigns a County Mental Health Clinician to our area, rotating among cities regionally. The second funding source is Housing Funds. The City of West Covina has ongoing Housing Funds that can be used specifically for homeless services. Recently, the City utilized Housing Funds for local non-profits who provide homeless services and sheltering as well as Los Angeles County for homeless housing. The Housing Funds will provide supportive funding of $150,000 which is specific to providing homeless outreach in parks and the community. Police Officers will focus a portion of their time at City parks and in the c01mnunity to provide outreach to those homeless individuals in need of supportive services. In addition, they will enforce park operating hours, and be able to mitigate illegal activity in om parks. The salary and benefit costs of this two-Officer bike team total approximately $296,000 per fiscal year. With the City Law Enforcement Grant from BSCC, and ongoing support from Housing funds (renewed every fiscal year), this initial funding plan should last approximately two years. Staff will continue to explore additional funding sources for the positions beyond the initial two year timeframe. To outfit this team with vehicles and equipment, including electric motorcycles, the Police Department will utilize available grants or other special funds. COUNCIL GOALS & OBJECTIVES: This item is consistent with the 2016-2017 City Council Goal No. 2 "Identify Resources and Opportunities to Provide Better Public Safety (Police and Fire) Services to the Community." OPTIONS: The City Council has the following options: 1) Approve staffs recommendation; or 2) Provide alternate direction. FISCAL IMPACT: The two new Police Officers will be funded by a combination of homeless outreach and enforcement grant funds from BSCC and Housing Funds. To outfit this team with vehicles and equipment, the Police Department will utilize available grants or other special funds. Initial funding from the BSCC, coupled with Housing Funds, is estimated to last approximately two Funding for Police Officer Bike Patrol Team Page 4 of 4 -April 18, 2017 years. Staff will continue to explore additional funding sources for the positions beyond the initial two year timeframe. City staff is recommending an expenditure appropriation in the Housing Fund in the amount of $150,000 to sworn full time salaries (Account # 820.31.3120.5110) along with a revenue appropriation in the City Law Enforcement Grant Fund in the amount of $250,000 in State Grant (Account# 234.31.4521) and an expenditure appropriation in the amount of $250,000 in Sworn Full Time Salaries (Account# 234.31.3120.5110). The proposed budget amendment will increase the budget in the Housing Fund, decrease fund balance in the Housing Fund, increase the budget in the City Law Enforcement Grant Fund, and have no effect on fund balance in the City Law Enforcement Grant Fund. There is no General Fund impact with this item. Prepared by: .. OJhfo_-~~. Alex B. Houston Police Admin. Services Manager Reviewed and Approved by: · Nikole Bresciani Do~ Community Services Director Acting Chief of Police Additional Approvals: ~ a3c~ Finance Director Economic Development & Housing Manager ATTACHMENTS: Attachment No. 1 -Board of State and Community Conections (BSCC) City Law Enforcement Grant Funding Letter Attachment No. 2 -Resolution No. 20 17-21 Attachment No. I Hello Dave Faulkner, As a recipient of the City Law Enforcement Grant we are contacting you to provide instructions for the data reporting component of this grant. This email includes an individualized link to a website where you can report your agency's data. When you click the link below, you will be taken directly to your agency's website where you can report or edit the data. Your data may only be edited until the final reporting date of February 28, 2017. Statutory reference: The 2016 Budget Act, (Chapter 23, Statutes of 2016, Item 5227-102-0001) allocates $20 million to cities to increase positive outcomes between municipal law enforcement and high-risk populations. Provision 1 of Item 5227-102-0001 of the Budget Act of 2016 requires that a minimum of 60 percent of the total funding must go to police departments employing 100 or fewer officers. Provision 2 states, "Local law enforcement agencies may use the funds to supplement, not supplant, the following: (a) Homeless outreach teams. (b) Crisis Intervention Trainingfor officers. (c) Gang Resistance Education and Training (GREAT). (d) Resources for drug endangered children. (e) Outreach to high-risk youth. (I) Youth diversion programs. (g) Gang and violence prevention programs. " Provision 3 requires agencies that receive funding to report the following, as applicable: (a) The number of new teams established, or planned to be established. (b) The type of training and the number of peace officers trained, or planned to be trained. (c) The type of equipment or resources that were purchased, or planned to be purchased Per the Budget Act, your agency is require to report programs funded or planned to be funded from the City Law Enforcement grant, the number of officers trained, and the types of training delivered. Again this information must be reported by February 28, 2017. Our goal is to provide you with a simple and flexible tool to complete the data collection process. Additional information is available in FAQ format on the BSCC website at wwv-.r.bscc.ca.gov. Thank you, Adam A. Lwin BOARD OF STATE AND COMMUNITY CORRECTIONS 2590 Venture Oaks, Suite 200, Sacramento, CA 95833 Attachment No. 2 RESOLUTION NO. 2017-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 (BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC)) WHEREAS, the City Manager, on or about June 21, 2016, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2016-17; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held a public meeting on June 21, 2016 and July 5, 2016, receiving, considering and evaluating all comments, and adopted a budget for the fiscal year commencing July 1, 2016 and ending July 30, 2017;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. Budget Adjustment No. 118 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18th day of April, 2017. APPROVED AS TO FORM Kimberly Hall Barlow City Attorney Corey Warshaw Mayor ATTEST Nickolas S. Lewis City Clerk Attachment No. 2 I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 18th day of April, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Nickolas S. Lewis City Clerk Date: Requested by: Dept/Div: EXPENDITURES Account Number 820.31.3120.5110 234.31.3120.5110 REVENUES Account Number 234.31.4521 CITY OF WEST COVINA BUDGET AMENDMENT 4/18/2017 Dave Faulkner/Paulina Morales Police Department/Housing Dept/ Account Description Sworn Full Time Salaries Sworn Full Time Salaries Account Description State Grant REASON/JUSTIFICATION (Please be specific) Exhibit No. 1 BA# 118 Posted By: Date Posted: Fiscal Year: ""'2.;..;0"""1"""6_-'-17'------------ Amount: $ 400,000.00 Description: ..;:Bc.:.i;.:.ke~P-=-at;c.r..::.o'-1 --------- Proposed Current Budget Amendment Amended Budget -150 000.00 150 000.00 - -250,000.00 250,000.00 - - - - - - - - - - - - - - - - - Vroposea Current Budget Amendment Amended Budget -250,000.00 250,000.00 - - - - To appropriate expenditures in the amount of $400,000 for two new Police Officers for the bike patrol. APPROVALS City Council Approval Date (if required, attach minutes): Dept Head Approval : Finance Director: Funds Available? City Manager: (if over $100,000) o Yes oNo __ 4._/1_8_./_2_0_1-'-7 __ o Approval Not Required Date:------- Date: ______ _ Date: ______ _ o A roved o Denied ( ( ( AGENDA ITEMNO. 25 AGENDA STAFF REPORT DATE: TO: FROM: April 18, 2017 Mayor and City Council Chris Freeland City Manager City of West Covina I Office of the City Manager SUBJECT: DROUGHT TOLERANT LANDSCAPING GUIDELINES RECOMMENDATION: It is recommended that the City Council receive and file this report. BACKGROUND: This item was continued from the April 4, 2017 City Council meeting as the City Council requested staff to provide background information regarding actions taken by the Community and Senior Services Commission pertaining to this item. At the January I 0, 2017 Community and Senior Services Commission meeting, the Commission members approved the following motions: 1. Request the City Council to ask staff to look into updating the standards and guidelines for the replacement of plants at City parks and other landscaped areas moving towards a more native and/or drought tolerant landscaping at City-owned properties; and 2. Request the City Council to ask staff to look into updating the standards and guidelines for replacement of plants at City parks and other landscaped areas moving towards a more native and/or drought tolerant landscaping at City-owned properties and look into additional water reclamation projects to be used in such areas that those drought tolerant planting would not be used. Drought Tolerant Landscaping Policies and Procedures Page 2 of 5 -April 18, 2017 On February 13, 2017, Councilmember James Toma requested that this item be agendized for discussion. On April 1, 2015, Governor Jerry Brown issued Executive Order B-29-15 directing the State Water Resources Control Board (SWRCB) to impose restrictions to achieve an aggregate Statewide 25 percent reduction in potable urban water use. On May 5, 2015, the SWRCB adopted regulations pertaining to conservation standards for urban water suppliers; small water suppliers; and commercial, industrial and institutional properties not served by water suppliers (or self-suppliers). In addition, end-users, including the City of West Covina, were mandated to comply with the following regulations: • Application of potable water to outdoor landscapes such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots or structures was prohibited. • Use of hose without an automatic shut-off nozzle to wash a motor vehicle was prohibited. • Washing of driveways and sidewalks with potable water was prohibited. • Use of potable water in a fountain without a recirculating system was prohibited. • Application of potable water to outdoor landscapes during and within 48 hours after rainfall was prohibited. • Irrigation with potable water of ornamental turf on public street medians was prohibited. • Irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations established by the California Building Standards Commission and the Department of Housing and Community Development was prohibited. On May 18, 2016, the SWRCB adopted new regulations that replaced the prior percentage reduction-based water conservation standards with a localized supply reliability "stress test" approach. The majority of urban water suppliers reported sufficient water supplies under three additional d1y years, thus, were no longer subject to the State's conservation mandates. The regulations for end-users remained the same. The SWRCB extended water conservation regulations through the end of February 2017. While many parts of the State have significantly benefited from the recent snow and rain events, other areas are still experiencing the effects of five years of severe drought. Recognizing continuous, although less severe drought conditions, on February 8, 2017, the SWRCB adopted regulations extending the drought restrictions until such time that the Governor determines the State's readiness to leave drought conditions. Consequently, the regulations for end-users remained the same. DISCUSSION: While the existing water conservation regulations do not mandate end-users to install drought tolerant landscaping and water efficient irrigation systems, the City, over the past seven years has been implementing the following guidelines and procedures in an effort to reduce its overall water conservation level: ( ( ( Drought Tolerant Landscaping Policies and Procedures Page 3 of 5 -April 18, 2017 For Development Projects In April 2010, the City Council adopted a Water Efficient Landscape Ordinance in compliance with Assembly Bill (AB) 1881. The purpose of the ordinance is to promote the design, installation, and maintenance of landscaping in a manner that conserves regional water resources by ensuring that landscaping projects are not unduly water-needy and that inigation systems are appropriately implemented to minimize water waste. In March 2016, the Planning Commission adopted by resolution more comprehensive guidelines for Water Efficient Landscaping. The primary purpose of these guidelines is to provide procedural and design guidance for project applicants proposing new landscape installations or landscape rehabilitation projects in the City. This document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with the Water Efficient Landscape Ordinance. Development projects subject to these guidelines include: • New landscape installations or landscape rehabilitation projects for non-residential developers with a landscaped area, including pools and other water features (but excluding hardscape) equal to or greater than 2,500 square feet. • New landscape installations or landscape rehabilitation projects which are developer installed for single-family and multi-family residential projects with a landscaped area, including pools and other water features (but excluding hardscape) equal to or greater than 2,500 square feet. • New landscape installations by individual homeowners on single-family or multi-family residential lots with a total landscaped area, including pools and other water features (but excluding hardscape) equal to or greater than 5,000 square feet. The above projects are required to submit a Landscape Documentation Package for review and approval prior to issuance of permits and prior to start of construction. The Landscape Documentation Package shall include the following elements: • Project Information (project name, address, total landscaped area, etc.) • Water Efficient Landscape Worksheet • Maximum Applied Water Allowance (MAWA) • Estimated Applied Water Use (EA WU) • Hydrozone Information Table • Water Budget Calculations • Soil Management Report/Specifications ( soil testing and amendment recommendations) • Landscape Design Plans • Inigation Design Plans In accordance with these guidelines, the EA WU allowed for landscaped areas shall not exceed the MAWA calculated using an evapotranspiration adjustment factor (ETAF) of 0.7, except for special landscaped areas where the MA WA is calculated using an ETAF of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City. The EAWU and MAWA shall be calculated based on completing Water Efficient Landscape Worksheets which contain information on plant factor, inigation method, inigation efficiency, and area associated with each hydrozone. Drought Tolerant Landscaping Policies and Procedures Page 4 of5-April 18, 2017 Some of the major recent development projects that have completed landscaping and irrigation improvements in compliance with the Water Efficiency Ordinance include The Colony at The Lakes by Lem1ar, Cadanera by KB Homes, Oak Creek by MBK Homes, Taylor Morrison residential development, LA Fitness, Valley and Nogales Shopping Center, and El Pollo Loco and McDonald's Restaurants at 501 S. Vincent. For City-owned Facilities and Proiects The City has been installing water-wise or "smart" irrigation controllers since 2004. These smart irrigation controllers has allowed maintenance staff the ability to program or adjust watering times and schedules remotely from the City Yard depending on weather conditions such as soil moisture, evapotranspiration and rainfall. Of the total 204 controllers in the City, 59 are "smart" irrigation controllers installed in City parks, paseos in the southeast part of the City, and landscaped medians along Azusa A venue and Rowland Avenue. The City has invested more than $500,000 on these "smart" controllers over the last 13 years. Majority of the planting in the open space areas in the landscape maintenance districts are already native to California and drought tolerant plants. Aside from requiring less water and less maintenance, these plants provide a natural habitat for birds, butterflies and other wildlife, thus reducing the strain on the environment. In 2016, Public Works staff installed drought tolerant landscaping at the end of the cul-de- sac on Myra Court adjacent to the water reservoirs. Total cost of the project was estimated at $20,000. In addition, staff recently installed drought tolerant planting in different areas at City Hall and City Yard with a total cost of $5,000. As part of this fiscal year's Capital Improvement Program (CIP), the City will be installing drought tolerant planting and drip irrigation in the medians along Sunset Avenue from the I-10 freeway to Cameron Avenue. The total estimated cost for the project is $130,000 with $50,000 coming from a Smart Water City grant from the Upper San Gabriel Valley Municipal Water District and $20,000 from a grant from Surburban Water Systems. The construction contract was approved by the City Council last April 4, 2017 and construction will be underway soon. Over the next five years, the City is proposing to install more drought tolerant planting and water-wise irrigation systems in landscaped medians, landscape maintenance districts, and City parks and facilities with an estimated budget of $4 million. These proj eels are in accordance with the following design guidelines for Water Efficient Landscaping: • High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. • Automatic irrigation controllers utilizing evapotranspiration or soil moisture sensor data with non- volatile memory shall be required for irrigation scheduling in all irrigation systems recommending U.S. EPA WaterSense labeled devices as applicable. ( ( ( Drought Toleraut Landscaping Policies and Procedures Page 5 of5-April 18, 2017 Other City Programs The Public W011cs Department co-hosts five community events related to drought tolerant planting annually. Two classes, "Landscape Workshop," are hosted with Suburban Water Systems at Cameron Park (March and August). Another event is hosted with the County of Los Angeles which features a free mulch give-away to the community. Residents are welcome to come with their shovels and bags and take as much mulch ( donated by West Coast Arborists) as they need for their homes and gardens. Two classes, (beginners and advanced) landscape workshops, are hosted with Bio Contractor in May and July each year. OPTIONS: The City Council has the following options: 1. Receive and file this report; or 2. Provide alternate direction. FISCAL IMPACT: There is no fiscal impact associated with receiving and filing this report. However, the estimated cost of implementing drought tolerant planting and water-wise irrigation systems over the next five years is $4 million. Potential funding sources include Gas Tax, Measure R, Landscape Maintenance Districts, and General Fund. Staff will also actively pursue grants as they become available. Reviewed and Approved by: '1)!}4 M~uaiA,,· Nikole Bresciani Community Services Director