Consultants: Disclosure Categories*
Designated Consultants Disclosure Requirements
Consultants who make (not just recommend)
governmental decisions, such as whether to approve
a rate, rule, or regulation, whether to issue, deny,
suspend, or revoke any permit, license, application,
certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or
grant City approval of policies, standards, or
guidelines for the City or any subdivision thereof.
All reportable interests in real property in the
jurisdiction; reportable income and business positions; reportable investments; and reportable gifts, unless the City Manager determines in writing that a particular
consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements described in
the section.**
Consultants who serve in a staff capacity with the
City, and in that capacity participate in making a
governmental decision by providing information, an
opinion, or a recommendation for the purpose of
affecting the decision without significant intervening
substantive review.
Disclosure required at the same level as a comparable
designated position in the same or similar City
Department identified elsewhere in this Code.
Consultants who perform the same or substantially
all the same duties for the City that would otherwise
be performed by an individual holding a designated
position in the City’s Conflict of Interest Code.
Disclosure required at the same level as the
comparable designated position identified elsewhere
in this Code.
*When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of "Designated Consultants" must file disclosure statements. **If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Local Agency Biennial Notice
Attachment B - 2022 Conflict of Interest Code Revisions Attachment C - Resolution CC 2022-83
Respectfully submitted,
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
2022 Conflict of Interest Code Revisions – Attachment B Page 1 of 3 2022 REVISIONS
Exhibit A
DESIGNATED EMPLOYEES
The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Exhibit B.*
DEPARTMENT POSITION DISCLOSURE
CATEGORIES
Administration
Assistant City Manager 1, 2
Assistant to the City Manager 1, 2
City Attorney (not filing under GC 87200) 1, 2
Information Technology Coordinator 5
Information Technology Services Manager 5
Senior Information Technology Coordinator 5
Administrative Services (Finance and Human Resources/Risk Management) Accounting Supervisor 1, 4, 6
Director of Administrative Services 1, 2, 4, 6
Finance Director 1, 2, 4, 6
Finance Manager 1, 4, 6
Management Analyst 1, 4, 6
Human Resources Analyst 5
Human Resources Director 5
Human Resources Manager 5
Risk Manager 5
Senior Management Analyst 5
Senior Human Resources Analyst 5
Community Development
Assistant Planner 2, 3, 6
Associate Planner 1, 2, 3
Building Official 3, 5, 6
City Planner 1, 2, 3
Construction Inspector I/II 3, 6
Deputy Building Official 3, 5, 6
Director of Community Development 1, 2, 3
General Building Inspector I/II 3, 6
Management Analyst 2, 3, 6
Senior Management Analyst 2, 3, 6
Plan Checker 3, 6
Planning Technician 2, 3, 6
Senior Building Inspector 3, 5, 6
Senior Housing/CDBG Development Manager 2, 3, 5
Senior Planner 1, 2, 3
Parks & Recreation/Library
Attachment B
2022 Conflict of Interest Code Revisions – Attachment B Page 2 of 3 Director of Parks & Recreation and Library
Services 1
*This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position.
DEPARTMENT POSITION DISCLOSURE
CATEGORIES
Parks & Recreation/Library continued
Library Services Supervisor 5
Literacy Program Coordinator 5
Management Analyst 1
Parks and Recreation Manager 1
Parks and Recreation Supervisor 5
Recreation Coordinator 5
Police
Police Captain 5
Police Chief 5
Police Lieutenant 5
Public Works
Assistant Civil Engineer 5, 6
Assistant Public Works Director 2, 3, 5
Associate Civil Engineer 2, 3, 5, 6
City Engineer 1, 2
Environmental Services Analyst 5
Environmental Services Manager 5
Environmental Services & Transportation Manager 5
Equipment Maintenance Supervisor 5
Management Analyst 5
Parks Maintenance Supervisor Superintendent 5
Public Works Director 1, 2
Public Works Manager 5
Senior Equipment Mechanic 5
Senior Maintenance Foreman 5
Senior Management Analyst 5
Street/Sewer Superintendent 5
Water Distribution Supervisor 5
Water Utility Superintendent 5
Water Systems Supervisor 5
Records Management
Chief Deputy City Clerk 5
City Clerk 5
Deputy City Clerk 5
Members of Board and Commissions
Finance Advisory Commission 1, 2
Library Board of Trustees 1, 2
Parks and Recreation Commission 1, 2
2022 Conflict of Interest Code Revisions – Attachment B Page 3 of 3 Traffic and Parking Advisory Commission 1, 2
DEPARTMENT POSITION DISCLOSURE
CATEGORIES
Other
Consultants and New Positions *
*Consultants shall be defined as and disclose their economic interests in accordance with the corresponding disclosure categories as defined in Exhibit B.
ARTICLE II FILERS
Government Code Section 87200 et seq. [Regs. § 18700.3(b)] The Mayor and City Councilmembers (also serve as the Successor Agency to the Covina Redevelopment Agency, Covina Public Financing Authority, and the Covina Housing Authority), Planning Commission, the City Manager, the City Attorney, and the City Treasurer, are NOT included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq. Listed below for reference are their disclosure categories.
POSITION DISCLOSURE CATEGORY
Mayor and City Councilmembers Reference GC 87200-87210
Planning Commissioners Reference GC 87200-87210
City Manager Reference GC 87200-87210
City Attorney Reference GC 87200-87210
City Treasurer Reference GC 87200-87210
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Government Code Section 87200 et seq. [Regs. § 18700.3(b)(1)] It has been determined that the positions listed below are Other City Officials Who Manage Public Investments. Listed below for reference are their disclosure categories.
POSITION DISCLOSURE CATEGORY
Finance Director Reference GC 87200-87210
Financial Consultant Reference GC 87200-87210
Attachment C
RESOLUTION CC 2022-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, AMENDING THE CITY OF COVINA CONFLICT OF
INTEREST CODE AND RESCINDING RESOLUTION CC 2020-84
WHEREAS, the Covina City Council previously adopted Resolution CC 2020-84, adopting by reference the model Conflict of Interest Code set for in Section 18730 of the California Code of Regulations; and
WHEREAS, the City Council desires to add positions that must be designated; revise the titles of existing positions; revise the disclosure categories of existing positions; and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Any resolutions in conflict with this resolution are hereby rescinded and repealed.
SECTION 2. The Political Reform Act, Government Code Section §1000, et seq., requires State and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments thereto duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Exhibit A in which public officials and employees are designated and Exhibit B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Covina, which is considered the “agency” within the purview of this code.
SECTION 3. Designated employees and officials who manage public investments shall file their statements with the Chief Deputy City Clerk, who shall be and perform the duties of filing officer for the City of Covina. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008. Statements for all designated employees and officials who manage public investments will be retained by the Chief Deputy City Clerk.
SECTION 4. Exhibit A (Listing Government Code Section 87200 et seq. [Regs §18730(b)(3)] Article II Filers, Officials Who Manage Public Investments and Designated Employees and their disclosure categories) attached hereto amends and supersedes all previous versions of this attachment to the City’s Conflict of Interest Code.
SECTION 5. Exhibit B (Explanation of disclosure categories) amends and supersedes all previous versions of this attachment to the City’s Conflict of Interest Code.
Resolution CC 2022-83 Page 2 of 2
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
SECTION 7. The City Clerk is hereby directed to forward a copy of this resolution to the Human Resources Manager of the City.
APPROVED and PASSED this 16th day of August, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
EVELYN LEACH, MMC
Interim Chief Deputy City Clerk
CERTIFICATION
I, Evelyn Leach, Interim Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-83 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of August, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
EVELYN LEACH
Interim Chief Deputy City Clerk
Resolution CC 2022-83 Exhibit A Page 1 of 3
Exhibit A
DESIGNATED EMPLOYEES
The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Exhibit B.*
DEPARTMENT POSITION DISCLOSURE
CATEGORIES
Administration
Assistant City Manager 1, 2
Assistant to the City Manager 1, 2
City Attorney (not filing under GC 87200) 1, 2
Information Technology Coordinator 5
Information Technology Services Manager 5
Senior Information Technology Coordinator 5
Administrative Services (Finance and Human Resources/Risk Management) Accounting Supervisor 1, 4, 6
Director of Administrative Services 1, 2, 4, 6
Finance Director 1, 2, 4, 6
Finance Manager 1, 4, 6
Management Analyst 1, 4, 6
Human Resources Analyst 5
Human Resources Director 5
Human Resources Manager 5
Risk Manager 5
Senior Management Analyst 5
Senior Human Resources Analyst 5
Community Development
Assistant Planner 2, 3, 6
Associate Planner 1, 2, 3
Building Official 3, 5, 6
City Planner 1, 2, 3
Director of Community Development 1, 2, 3
General Building Inspector I/II 3, 6
Management Analyst 2, 3, 6
Senior Management Analyst 2, 3, 6
Planning Technician 2, 3, 6
Senior Housing/CDBG Development Manager 2, 3, 5
Senior Planner 1, 2, 3
Parks & Recreation/Library
Director of Parks & Recreation and Library
Services 1
*This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position.
Resolution CC 2022-83 Exhibit A Page 2 of 3
DEPARTMENT POSITION DISCLOSURE
CATEGORIES
Parks & Recreation/Library continued
Library Services Supervisor 5
Management Analyst 1
Parks and Recreation Manager 1
Parks and Recreation Supervisor 5
Recreation Coordinator 5
Police
Police Captain 5
Police Chief 5
Police Lieutenant 5
Public Works
Assistant Civil Engineer 5, 6
Assistant Public Works Director 2, 3, 5
Associate Civil Engineer 2, 3, 5, 6
City Engineer 1, 2
Environmental Services Manager 5
Equipment Maintenance Supervisor 5
Management Analyst 5
Parks Maintenance Superintendent 5
Public Works Director 1, 2
Public Works Manager 5
Senior Equipment Mechanic 5
Senior Maintenance Foreman 5
Senior Management Analyst 5
Street/Sewer Superintendent 5
Water Distribution Supervisor 5
Water Utility Superintendent 5
Water Systems Supervisor 5
Records Management
Chief Deputy City Clerk 5
City Clerk 5
Deputy City Clerk 5
Members of Board and Commissions
Finance Advisory Commission 1, 2
Library Board of Trustees 1, 2
Parks and Recreation Commission 1, 2
Traffic and Parking Advisory Commission 1, 2
DEPARTMENT POSITION DISCLOSURE
CATEGORIES
Other
Consultants and New Positions *
Resolution CC 2022-83 Exhibit A Page 3 of 3
*Consultants shall be defined as and disclose their economic interests in accordance with the corresponding disclosure categories as defined in Exhibit B.
ARTICLE II FILERS
Government Code Section 87200 et seq. [Regs. § 18700.3(b)] The Mayor and City Councilmembers (also serve as the Successor Agency to the Covina Redevelopment Agency, Covina Public Financing Authority, and the Covina Housing Authority), Planning Commission, the City Manager, the City Attorney, and the City Treasurer, are NOT included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq. Listed below for reference are their disclosure categories.
POSITION DISCLOSURE CATEGORY
Mayor and City Councilmembers Reference GC 87200-87210
Planning Commissioners Reference GC 87200-87210
City Manager Reference GC 87200-87210
City Attorney Reference GC 87200-87210
City Treasurer Reference GC 87200-87210
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Government Code Section 87200 et seq. [Regs. § 18700.3(b)(1)] It has been determined that the positions listed below are Other City Officials Who Manage Public Investments. Listed below for reference are their disclosure categories.
POSITION DISCLOSURE CATEGORY
Finance Director Reference GC 87200-87210
Financial Consultant Reference GC 87200-87210
Resolution CC 2022-83 Exhibit B Page 1 of 2
Exhibit B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.* Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside the jurisdiction of the City.
Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, which are subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Consultants: Disclosure Requirements1
Designated Consultants Disclosure Requirements
Consultants who make (not just
recommend) governmental decisions, such
as whether to approve a rate, rule, or
regulation, whether to issue, deny, suspend, or
revoke any permit, license, application,
certificate or similar authorization, adopt or
All reportable interests in real property in the
jurisdiction; reportable income and business
positions; reportable investments; and
reportable gifts, unless the City Manager
determines in writing that a particular
consultant is hired to perform a range of duties
Resolution CC 2022-83 Exhibit B Page 2 of 2
grant City approval to a plan, design, report,
study, or adopt or grant City approval of
policies, standards, or guidelines for the City
or any subdivision thereof.
that is limited in scope and thus is not required
to fully comply with the disclosure
requirements described in the section.2
Consultants who serve in a staff capacity
with the City, and in that capacity participate
in making a governmental decision by
providing information, an opinion, or a
recommendation for the purpose of affecting
the decision without significant intervening
substantive review.
Disclosure required at the same level as a
comparable designated position in the same or
similar City Department identified elsewhere
in this Code.
Consultants who perform the same or
substantially all the same duties for the City
that would otherwise be performed by an
individual holding a designated position in the
City’s Conflict of Interest Code.
Disclosure required at the same level as the
comparable designated position identified
elsewhere in this Code.
*This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position. (Reg. 18730.1) When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of “Designated Consultants” must file disclosure statements. 1 If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: CC Regular Meeting - Aug 16 2022
Title: Confirm and Approve City Council's Appointments to Various City of Covina Boards and Commissions
Presented By: Chris Marcarello, City Manager
Evelyn Leach, Interim Chief Deputy City Clerk
Recommendation: Approve the City Council's appointments to various City of Covina Boards and Commissions.
EXECUTIVE SUMMARY / BACKROUND:
Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. By advising the City Council and staff, bringing new ideas to the table, and representing all of the diverse elements of our community, advisory bodies assist the City Council in making the best, most informed decisions possible, for the benefit of the entire Covina community. The Covina Municipal Code provides for the establishment of advisory bodies including commissions, committees, and boards to advise the City Council and provide ongoing citizen input into policies and issues affecting the Covina community.
The City recently published a Notice of Vacancies for various Boards and Commissions and the following appointments are recommended for the City Council's consideration.
DISCUSSION:
Appointed members of boards and commissions serve at the pleasure of the City Council, pursuant to Government Code Section 36506. The City Council shall have the authority to appoint, reappoint, and/or make changes to existing positions.
The following actions are being considered for approval:
Councilmember Delgado to:
• Reappoint Janet Salmon to the Finance Advisory Commission for a 4-year term ending June 30, 2026. • Appoint Suzee Della Donna, PhD, to the Library Board of Trustees for a 3-year term ending June 30, 2025.
• Appoint Susan Zermeno to the Parks & Recreation Commission for a 4-year term ending June 30, 2026. • Appoint Bryan Rodriguez to the Planning Commission for a 4-year term ending June 30, 2026. • Appoint Eloy Florez to the Traffic Advisory Commission for a 4-year term ending June 30, 2026. • Appoint Nick Lopez to the Youth Accountability Board for a 4-year term ending June 30, 2026.
Councilmember King to:
• Reappoint Salvador Flores-Chatfield to the Finance Advisory Commission for a 4-year term ending June 30, 2026.
• Reappoint Dan McMeekin to the Planning Commission for a 4-year term ending June 30, 2026. • Reappoint Saul Martinez to the Youth Accountability Board for a 4-year term ending June 30, 2026.
Councilmember Linares to:
• Reappoint Kay Manning to the Finance Advisory Commission for a 4-year term ending June 30, 2026. • Reappoint Kevin Stapleton to the Finance Advisory Commission for a 4-year term ending June 30, 2026.
• Reappoint John Connors to the Planning Commission for a 4-year term ending June 30, 2026. • Appoint Steven Tillman to the Traffic Advisory Commission for to fill an unexpired term ending June 30, 2026.
• Reappoint Kay Manning to the Youth Accountability Board for a 4-year term ending June 30, 2026.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Board and Commission Applications (Redacted) Respectfully submitted,
, .. .. -
- ":.
' .
Vliversal - ··_ -:;j-...:,:; .... . · -·-
............. ., -------·-""'
City of Covina CITY CLERK
Board and Commission Member Applicatiorf2 AUG II AM 7: 2 · Instructions: Complete this applicatton and return it to the City Oerlc's Office, 125 E. College Street, Covina CA. 91723 If ou h ve any questions please contact the Ot'( Clerk's Office at cltyclerk@covinaca gov or (626) 384-5430.
Board or Commission applying for.
Is this an application for re-appointment?
___ Last Name:
Home Address:
First Name:
Home Phone Number: Cell Phone Number·
Ematl:
B · N
usmess arne: - ------------- Occupat ion: - - ------------- Business Address: Business Phone Number:
---------------------
Why do you wish to serve the City?
t I
What other Ctty Boards, Commissions, or Comm1ttees have you served? To\ hat c1vic organizations do you belong?
t
r:=
1 11 ou be able to attend all Board or Commtssion meettn s? Yes Are ou wtlltng to ftle a t te finanoal dts Iesure stat ement as reqUired ') Yes o . ...., Yes 0 . ']
ana ure at Appltc nt /oO L •
on t b ubte to l.J n rt 0 t
City of Covina
Board, Commission and Committee Member Candidate Application Instructions: Complete this application and return it to the City E. .College Street, Covina, CA 91723. If you have any questions, please call the City Please TYPE or PRINT clearly in ink. L E R K
Board Commission or Committee:
Is this an application for re-appointment? ....:.Y..:::e::::..s __ _ Home Address:
Business Name:
Business Address:
Willy be able to attend all Board, Commission, or Committee meetings? Yes
Are yQdWi,iling to file a State financial disclosure statement as required? Are yo illing to complete the AB1234 Ethics Training as required? Yes
(If NO to any of the above, please explain):
22 AUG ·3 PH 3= 28
Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the appli
City of Covina
Board and Commission Member ApRiication
RECEIVED BY
COVINA CITY CLERK
Instructions: Complete this application and return it to the City Clerk's Office, 2'f CA 91723 .
If you have any questions please contact the City Clerk's Office at [email protected] or (626) Board or Commission applying for: Parks and Recreation Commission Is this an application for re-appointment? Yes: D No: !!!!!! First Name: S eno
-------------------------
Home Address:
Home Phone Number: Cell Phone Number:
-------
Email:
Business Name: occupation: Retired City Planner
--------------------------
Business Address: Business Phone Number:
-------------------------
Why do you wish to serve the City? Because I love this City and have been actively involved in City functions.
I also created the Facebook group "Covina Buzz" to keep the community engaged in the happenings of Covina.
What experience or education have you had relative to this field? B.S degree in Urban & Regional Planning and have knowledge and experience in Park Planning. Worked on updating the Open Space Element for the City of Los Angeles. Been active in the creation of Pocket parks for urban infill.
What other City Boards, Commissions, or Committees have you served? Traffic & Advisory Commission.
Library Board of Trustee. Currently serving in the Planning Commission.
To what civic service organizations do you belong? Covina-West Covina Soroptimist How did you become interested in this field? I utilized the neighborhood parks and sports programs when my Children were small and love to just serve the community.
Will you be able to attend all Board or Commission meetings? Yes: !!!!!! No: D Are you willing to file a state financial disclosure statement as required? Yes: II No: D Are you willing to complete the AB 1234 Ethics Training as required? Yes:!!!!!! No: D If you answered no to any of the above questions, please explain:
Signature of Applicant:
*Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application processPage 5 of 15 .
City of Covina
Board and Commission Member Application
RECEIVED BY
COVINA CITY CLERK
Instructions: Complete this application and return it to the City Clerk's Office, 125 91723.
If you have any questions please contact the City Clerk's Office at [email protected] or (£ti6) Board or Commission applying for: Planning Commision
-------=---------------------------------------------
Is this an application for re-appointment? Yes : 0
First Name: Bryan Last Name:
Home Address:
No: •
Rodriguez
Home Phone Number: Cell Phone Number:
Email :
Business Name: City of West Covina Occupation: Police Officer -----------------------------
Business Address: 1444 W. Garvey Ave. West Covina CA 91790 Business Phone Number: 626-939-8500 Why do you wish to serve the City? To serve the residents and businesses within the city I live in.
What experience or education have you had relative to this field? Working as a police officer I deal with business licenses, requirements and the community to help the city fulfill all of the communties needs.
What other City Boards, Commissions, or Committees have you served? None. -----------------------------
To what civic service organizations do you belong? West Covina Police Department, Friends of West Covina Police Department K9 Foundation and Treasurer of the West Covina Police Officer's Association
How did you become interested in this field? Being involved in the community and wanting to serve the city I live in.
Will you be able to attend all Board or Commission meetings? Yes: 1!!!!1 No: 0 Are you willing to file a state financial disclosure statement as required? Yes: 1!!!!1 No: 0 Are you willing to complete the AB 1234 Ethics Training as required? Yes: II No: 0 If you answered no to any of the above questions, please explain: N/ A ---------------------------------
Signature of Applicant: Date: 08/05/2022
- -------------
*Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application processPage 6 of 15 .
City of Covina
Board and Commission Member Application
RECEIVED BY
Instructions: Complete this application and return it to the City Clerk's Office, 125 E.
If you have any questions please contact the City Clerk's Office at [email protected]@ 3: 29 Board or Commission applying lo" r-;/iA FB "'- #1}1/1 S 01'2'j /?1/fi: S 0>-1' Is this an application for re-appointment? Yes: 0 No: 1!!1 First Name: E me: Florez
------------------------------
Home Address:
Home P Cell Phone Number:
-- ---------
Email:
Business Name: State of California Occupation: Scientist ------------------------------
Business Address: 4001 Iowa Ave., Riverside, CA Business Phone Number:
Why do you wish to serve the City? I'm an 18 year resident of Covina with decades of experience in policy implementation, as well as program and regulatory development. I believe this unique skill set could help advance the the goals of the coucil and district I would serve under.
What experience or education have you had relative to this field? I have been an environmental planner, project manager, and environmental scientist for over 20 years. I have a degree in geography with an emphasis in environmental science.
What other City Boards, Commissions, or Committees have you served? None ------------------------------
To what civic service organizations do you belong? None --------------------------------------------
How did you become interested in this field? A willingness to serve, with an understanding of the conditions on the ground and general awareness of avaible resources to address community concerns.
Wi ll you be able to attend all Board or Commission meetings? Yes : 1!!1 No: 0 Are you willing to file a state financial disclosure statement as required? Yes : 1!!!1 No: 0 Are you willing to complete the AB 1234 Ethics Training as required? Yes : 1!!1 No: 0 If you answered no to any of the above questions, please explain:
Signature of Applicant' Date' _8_!7_1_2_0_2_2 __________ __ • Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process. Page 7 of 15
City of Covina
Board and Commission Member Application
Instructions: Complete th1s application and return it to the City Clerk's Office, 125 E. College f1EU l:J:Y, If you have any quest1ons please contact the City Clerk's OHlce at [email protected] or Y CLERK Board or comm1ss1on applymg for: Finance Advisory Commision 22 AUG I I AM 8: 37 Is th1s an application for re-appointment? Yes: No: 0
First Name: S Last Name: Flares-Chatfield
-
Home Address :
Home Phone Number: Cell Phone Number:
---------
Email :
Busmess Name: FC&C Financial occupat1on: Business Owner Busmess Address: 258 E Badillo ST Su1te A, Covma 91723 Business Phone Number: 6269661864 Why do you wish to serve the City? 1 Want to make my city a better place to live.
What experience or education have you had relatiVe to this field? I am an financial advisor by trade and understand how budgets, bonds, and general finances work What other City Boards, Comm issions, or Committees have you served? Finance Advisory Committee To what civic service organizations do you belong? Covina Valley Optimist Club How did you become interested in this field? Reccomended by John King Will you be able to attend all Board or Commission meetings? Yes : II No: LJ Are you willing to file a state financial disclosure statement as required? Yes: I!!!IJ No: ::J Are you will1ng to complete the AB 1234 Eth1cs Training as required? Yes : II No: :::J If you answered no to any of the above questions, please explain :
f mformation submitted and may be subject to a Livescan as part of the application process.
City of Covina
Board, Commission and Committee Application
Instructions: Complete this application and return it to the · ' ;Ji Y 2-.frtfi· College Street, Covina, CA 91723. If you have any questions, please call the i y lefk ice Please TYPE or PRINT clearly in ink. 22 JUN 29 AM Jl: 02 No
What other Boards Commission or Committees have
To what civic service
How did
""""""" be able to attend all Board, Commission, or Committee meetings? No
1-U-1-..-vT->u willing to file a State financial disclosure statement as required? No
willing to complete the AB1234 Ethics Training as required? No
Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process.
Signature of Applicant Date
- City of Covina
1 • . Board and Commission Member Ao81Rf<Ufioo0 BY
t; VINA CI TY CLERK
Instructions: Complete this application and return it to the City Clerk's Office, d2vilttA 91723.
If you have any questions please contact the City Clerk's Office at cityclerk@covinaca .gov or (626) 384-5430.
Board or Commission applying for: Youth Accountability Board Is this an application for re-appointment?
First Name: Saul (Rick)
Yes : II No: D
Last Name: Martinez
----------------------
Home Address:
Home Phone Number: Cell Phone Number:
Email :
Business Name: Alpha & Omega Group Security Services Inc. Occupation : Operations Manager Business Address : 2930 Imperial Hwy Inglewood CA Business Phone Number: 323-779-5464 Why do you wish to serve the City? lnvolment and give back to the community.
What experience or education have you had relative to this field? Prior Experience on this Board.
What other City Boards, Commissions, or Committees have you served? Youth Accountability Board
To what civic service organizations do you belong? Youth Accountability Board IDCS Youth Ministry
How did you become interested in this field? I am a Youth Team leader at our local church Will you be able to attend all Board or Commission meetings? Yes: II No: D Are you willing to file a state financial disclosure statement as required? Yes: II No: D Are you willing to complete the AB 1234 Ethics Training as required? No: D If you answered no to any of the above questions, please explain :
Signature of Applicant: Rick Martinez
"'IN"'II'I' MMI.tO-.!
tS12-o,ss-orocr Date·. 07/18/2022
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*Appl ications are screened on the basis of information submitted and may be subject to a Live scan as part of the application process.
City of Covina
Board and Commission Member Application RE
&y
Instructions: Complete this application and return it to the City Clerk's Office, 125 E. College Strl(t, 91723. E R K If you have any questions please contact the City Clerk's Office at [email protected] or (626) PH 2: 38 Board or commission applying tor: FINANCE ADVISORY COMMISSION Is this an application for re-appointment? Yes: M No: 0 Rrst Name: KAY last Name: MANNING
-----------------
HomeAddress:
Home Phone Number: Cell Phone Number:
-----
Email:
Business Name: Williams-Sonoma, Inc occupation: Administrative Asst II Business Address: 21662 Baker Parkway COl Business Phone Number: 909-468-0231 Why do you wish to serve the City? It is always an honor to serve our community and research with staff best way to keep our general funds secure like Measure CC and working with our community to explain how the sales tax increase would in our City
What experience or education have you had relative to this field? Operate Covina Yellow Ribbon and serve on the Board at St. Louise de Marrillac School
What other City Boards, Commissions, or Committees have you served? ----------------------- Traffic and Parking Advisory Commission, Youth Accountability To what civic service organizations do you belong? Covina Yellow Ribbon and Board at Sl Louise de Marrillac Schoo How did you become interested in this field? working with City Managers and our finance team and asking many questions
Will you be able to attend all Board or Commission meetings? No:O Are you willing to file a state financial disclosure statement as required? Yes: II No: 0 Are you willing to complete the AB 1234 Ethics Training as required? Yes: II No:O If you answered no to any of the above questions, please explain:
Signature of Applicant
*Applications are screened on the basis of information submitted and may be subject to a Uvescan as part of the
RECEIVED BY
COVINA CITY CLERK
City of Covina 22 JUL A1(
Board and Commission Member Application J. J fm '1:5b
Instructions: Complete this applicat ion and return it to the City Clerk 's Off1ce, 125 E. College Street, Co ina CA 91723 If you have any ques tions please contact the City Clerk's Office at cit)'[email protected] or (626) 384 -54 30.
Board or Comm ission applying for: F1nance
----------------------------------------------------
Is this an application for re-appointment? Yes : __ . No:
First Name: Kevin Last Name: S tapleton
Home Address :
Home
Email:
Business Name: Stapleton & Stapleton
Business Address: 401 E Rowland St
Cell Phone Number.
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occupation: Counselor At Law
Business Phone Number: 626 339-914
Why do you wish to serve the City? I like taktng an acttve part in my community -----------
Wha t experience or education have you had relative to this field? Attorney, businessman , 20 year member of the Crty Council , 5 ttme Mayor
What other City Boards. Commissions. or Committees have you served? C tty Council F mance . others To what civic service organizations do you belong' Cov1na Chamber of Commerce, NICE Squad How did you become 1nterested in this field? ll1ve tn Covina . pay taxes and woutd like to offer my services and expenence to the C riy
Will you be able to attend all Board or Comm1sston meetings ? Yes : 1!1 No: _ Are you willing to fi le a state financial disclosure statement as req Uired ? Yes : M No : _ Are you willing to complete the AB 1234 Ethics Training as reqUired? Yes: _ No :
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City of Covina
Board, Commission and Committee Member Candidate Application Instructions: Complete this application and return it {f Clerk's Office, 125 E. College Street, Covina, CA 91723. If you have any questions, pleaefJ 91f8Rr Office at (626)384-5430.
Please TYPE or PRINT clearly in ink. , d i r CLERK
Board Commission or Committee: · AUG 1 I PH f?·
Is this an application for re-appointment?
First Name:
Home Address:
Email:
Business Name:
Business Address:
Yes No
What other City Boards, Commissions, or Committees have you served? To what civic service organizations do you belong?
Will you be able to attend all Board, Commission, or Committee meetings? Yes
Are you to file a State financial disclosure statement as required? Yes
Are you willing to complete the AB 1234 Ethics Training as required? Yes ..:.N;;:o:....._ __ __
(If NO to any of the above, please explain):
Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process.
Signature of Applicant Date Page 13 of 15
City of Covina 22 JUl 25 AH 7: 36
Board and Commission Member Application
Instructions: Complete this application and return it to the City Clerk's Office, 125 E. College Street, Covina CA 91723.
If you have any questions please contact the City Clerk's Office at [email protected] or (626) 384-5430.
Board or Commission applying for: Traffic and Parking Advisory Commission Is this an application for re-appointment? Yes : 0 No:
First Name: Steven Last Name: Tillmann
-------------------------------
Home Address:
Home Phone Number: Cell Phone Number:
------- ------------
Email:
Business Name: Occupation: Retired
---------------------------- ------------------------------- Business Address: Business Phone Number:
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Why do you wish to serve the City? I have wanted to get involved in City affairs since I retired and feel I can be an asset to the Traffic and Parking Advisory Commission. I have lived in the City of Covina since June 1989.
What experience or education have you had relative to this field? I was the Traffic Investigator for L.A. County Sheriffs Dept., during which time I was the liaison for the Traffic Commission for the City of Commerce and sat on all board meetings for that Commission and advised them of traffic/parking issues.
What other City Boards, Commissions, or Committees have you served? City of Commerce, Traffic Commission To what civic service organizations do you belong? None ---------------------------------------------
How did you become interested in this field? I worked as both a traffic deputy and traffic investigator for the L.A. County Sheriffs Department for approximately 10 years .
Will you be able to attend all Board or Commission meetings? Yes : II No: D Are you willing to file a state financial disclosure statement as required? Yes: II No: D Are you willing to complete the AB 1234 Ethics Training as required? Yes: Ill No: 0 If you answered no to any of the above questions, please explain:
Signature of Applicant: Steven Tillmann Date: 07/22/2022 ----------------------------------------
*Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process.
City of Covina
Board and Commission Member Application
RECEIVED BY
COVINA CITY CLERK
Instructions: Complete this application and return it to the City Clerk's Office, 125 E. College Street, Covina CA 91723.
If you have any questions please contact the City Clerk's Office at Board or commission applying for: YOUTH ACCOUNTABILITY
Is this an application for re-appointment? Yes: No: 0
First Name: KAY Last Name: MANNING
------------------------------------------
HomeAddress:
Home Phone Number: Cell Phone Number:
-------
Email:
Business Name: Williams-Sonoma, Inc Occupation: ADMINISTRATIVE ASST II Business Address: 21662 Baker Parkway CO I Business Phone Number: 909-468-0231 Why do you wish to serve the City? It has been an honor to serve our City and I would like to continue my volunteer time to the Youth Accountability Program to guide our young people that with commitment, restitution and family support, there is a way to earn a fresh start
What experience or education have you had relative to this field? Prior years serving and a Psycology degree in human behavior.
What other City Boards, Commissions, or Committees have you served? Finance and Traffic Advisory To what civic service organizations do you belong? Covina Yellow Ribbon, St. Louise de Marrilac Board Parent Board
How did you become interested in this field? I enjoy service Will you be able to attend all Board or Commission meetings? Yes: !!!!I No:O Are you willing to file a state financial disclosure statement as required? Yes: II No: 0 Are you willing to complete the AB 1234 Ethics Training as required? No:O If you answered no to any of the above questions, please explain:
Signature of Applicant
*Applications are screened on the basis of information submitted and may be subject to a livescan as part of the
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: CC Regular Meeting - Aug 16 2022
Title: Confirmation of Mayor’s Appointments to Intergovernmental Agencies and Covina Board and Commissions
Presented By: Chris Marcarello, City Manager
Recommendation: Approve the Mayor’s appointments of delegates and alternates to Intergovernmental Agencies and appointments of Council Liaison to Boards, Commissions, and Committees.
EXECUTIVE SUMMARY / BACKROUND:
With each election and/or reorganization of the City Council, appointments are made by the Mayor to various organizations in which the City has membership or participates as a liaison.
DISCUSSION:
Attachment A to this staff report is the list of appointments made by Mayor Cortez, which includes but are not limited to the following organizations:
• Sanitation Districts of Los Angeles County
• Foothill Transit Zone
• Independent Cities Association
• League of California Cities
• San Gabriel Valley Council of Governments (COG)
• San Gabriel Valley Mosquito and Vector Control District • San Gabriel Valley Water Association
• Southern California Association of Governments
FISCAL IMPACT:
Funding for necessary travel expenses has been authorized and budgeted in the City Council Conferences as Travel Account #1010-0010-53200.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
ATTACHMENTS:
Attachment A - Appointments to Intergovernmental Agencies Respectfully submitted,
CITY OF COVINA
MAYOR'S APPOINTMENTS TO INTERGOVERNMENTAL AGENCIES
August 16, 2022
AGENCY DELEGATE ALTERNATE MEETING DAYS & TIMES STIPEND Notes Sanitation Districts of Los
Angeles County
19555 Workman Mill Road
Whittier, CA 90607
562-908-4288
[email protected]
Cortez Allen 4
th Wednesday, Every Month at
1:30 pm, District Offices
Kimberly Christensen, Secretary to
Board
$125
Per mtg
*Mayor must be
Delegate; any
Councilmember
may be Alternate
*700 Form
Required
Foothill Transit
100 S. Vincent Ave, Ste 200
West Covina, CA 91790
626-931-7300 ext. 0
626-931-7304, Board Secretary
King Cortez Last Friday of each month at 7:45
am, except for Feb and Nov
Annual meeting is in May
Doran Barnes, CEO
[email protected]
$176
Per mtg
*700 Form
Required
Independent Cities Association
PO Box 39381
Downey, CA 90239
310-486-7555
[email protected]
Linares Allen 2
nd Thursday, Every Month Except
August at 7 pm
Marcel Rodarte, Business
Manager
n/a
League of California Cities
LA County Division
1400 K Street, Suite 400
Sacramento, CA 95814
626-786-5142
Allen Delgado 1
st Thursday of January, March, &
June (& as needed) at 6:30 pm
(various locations)
Jennifer Quan, Executive Director
[email protected]
n/a *Walt is Chair of
the League’s
Public Safety
Committee
San Gabriel Valley Council of
Governments (SGV COG)
1000 S. Fremont Ave. Unit #42
Alhambra, CA 91803
626-457-1800
[email protected]
Delgado Linares 3
rd Thursday, Every Month at 4 pm
Foothill Transit Office
100 S Vincent Ave, Ste 200
West Covina, CA 91790
Marisa Creter, Executive Director
Currently, meetings are virtual.
$75
Per mtg
*700 Form
Required
San Gabriel Valley Mosquito &
Vector Control District
1145 N. Azusa Canyon Road
West Covina, CA 91790
626-814-9466
Polzin 2
nd Friday, Every Month at 7 am
Jarrod Dever, District Manager
n/a
SGV Water Association
(Watermaster)
725 N. Azusa Avenue
Azusa, CA 91702
626-815-1300
www.sgvwa.org
www.Watermaster.org
King Linares 1
st Wednesday, Every Month at
2:30 pm at San Gabriel Basin
Watermaster
Arrica Jimenez, Administration
Manager
[email protected]
n/a
Southern California Association
of Governments (SCAG)
900 Wilshire Blvd. Ste 1700
Los Angeles, CA 90017
213-630-1420
Delgado Cortez Annual/When Called
Kome Ajise, Executive Director
[email protected]
[email protected]
n/a *700 Form
Required for
committee
members only
City Selection Committee &
LAFCO
LA County Commission Services
Hall of Administration
500 W. Temple Street, Rm B50
Los Angeles, CA 90012
213-974-1411
Cortez Allen When Called (Held in conjunction
w/League Meetings)
Lori Glasgow, Executive Officer
[email protected]
n/a *Mayor must be
Delegate; any
Councilmember
may be Alternate
CITY OF COVINA
MAYOR'S APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES August 16, 2022
COUNCIL LIAISON TO BOARDS, COMMISSIONS, COMMITTEES
Community Recognition Committee – King/Allen
Finance Advisory Commission – Cortez/King
Library Board of Trustees – Delgado/King
(Library Community Room—6:30 pm/3rd Wednesday each month)
Planning Commission – Linares/Cortez
(Council Chambers @ 7:00 p.m. 2nd & 4th Tuesday each month) Traffic and Parking Advisory Commission – Delgado/Linares Youth Accountability Board – King/Linares
(Quarterly —check agenda for time and location)
City Auditors Committee – Cortez/Allen
(Meets twice a year with the City Auditors)
Covina Chamber of Commerce – Linares/King
Covina Concert Band – Allen/King
(Recreation Hall at Covina Park @ 9:00 a.m. on the 3rd Saturday of odd months, Jan. March, May, July, Sept., Nov.) Council Committee -- Policy Development Assignments
(Policy development assignments may occur throughout the year as needed) Code Enforcement – Linares/Allen
Parks & Recreation – King/Delgado
Planning – Cortez/Linares
Public Library – King/Delgado
Seniors – Allen/Cortez
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: CC Regular Meeting - Aug 16 2022
Title: A Resolution to accept a California Department of Alcohol Beverage Control (ABC) grant allocation in the amount of $23,527
Presented By: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2022-91 accepting grant allocation from the California Department of Alcohol Beverage Control in the amount of $23,527 and increasing the Police Department Fiscal Year 2022-23 budget by the same amount; and
2. Authorize the City Manager or his designee to sign all necessary documents associated with this grant including agreements, assurances, prepared invoiced to obtain the grant funds.
EXECUTIVE SUMMARY / BACKROUND:
The Covina Police Department has been allocated $23,527 by the Department of Alcohol Beverage Control under the Alcohol Policing Partnership program. This program is intended to work with law enforcement to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance issues associated with problem alcohol beverage outlets.
DISCUSSION:
The Covina Police Department will implement several operational programs including ABC's Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages. These programs help reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and maintaining the perception that law enforcement is omnipresent.
FISCAL IMPACT:
The adoption of Resolution CC 2022-91 will increase the Police Department's revenue fund 2230 by $23,527 and appropriation by the same amount. There is no negative budget impact since the entire grant expenditure is reimbursable.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Resolution CC 2022-91
Respectfully submitted,
RESOLUTION CC 2022-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, TO ACCEPT A CALIFORNIA DEPARTMENT OF
ALCOHOL BEVERAGE CONTROL (ABC) GRANT ALLOCATION IN
THE AMOUNT OF $23,527 AND INCREASE THE POLICE
DEPARTMENT 2022-23 BUDGET BY $23,527 AND APPROPRIATE SAME
DOLLAR AMOUNT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina was been allocated $23,527 under the ABC’s grant called the Alcohol Policing Partnership Program; and
WHEREAS, utilizing this allocation will increase the Police Department’s appropriation by $23,527 and revenue accounts by the same amount; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2022-23 Police Department Budget as follows:
Revenue Account
22301130-42190-ABC Other State Grants Patrol-Other State Grant Revenue-Project ABC:
Increase by $23,527
Appropriation Account
22301130-50030-ABC Other State Grants- Patrol -Overtime- Project ABC. Increase by $20,427 22301130-50110-ABC Other State Grants- Patrol -Medicare Project ABC 22301130-50400-ABC Other State Grants- Patrol -Workers Comp Project ABC 22301130-54990-ABC Other State Grants- Patrol-General Supplies Project ABC: Increase by $600
22301130-53200-ABC Other State Grants- Patrol -Train/Conf/Mtg/Travel- Project ABC.
Increase by $2,500
SECTION 2. Authorize the City Manager or his designee to sign all necessary documents associated with this grant including agreements, assurances, prepared invoiced to obtain the grant funds.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
Resolution CC 2022-91 Page 2 of 2
APPROVED and PASSED this 16
th day of August, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
_______________________________________
FABIAN VELEZ, Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-91 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16
th day of August, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_________________________________________
FABIAN VELEZ, Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: CC Regular Meeting - Aug 16 2022
Title: Review of City Council Policies/Protocols
Presented By: City Council Ad-Hoc Committee
Recommendation: That the City Council:
1. Approve the recommendations made by the Ad Hoc Committee to update various policy and procedure guidelines and policies; and
2. Approve the City's Investment Policy for Fiscal Year 2022-23.
EXECUTIVE SUMMARY / BACKROUND:
At its July 5, 2022 regular meeting, the City Council approved the formation of an Ad-Hoc Committee (“Committee”) to review the Council’s procedural guidelines and policies. The Council also appointed Mayor Pro Tem Allen and Councilmember Delgado to serve on the Committee. Since its formation, the Committee has met and outlined recommendations for the Council to consider in updating related policies and protocols.
DISCUSSION:
Procedural guidelines for the City Council were last reviewed in 2015 and include such topics as Board, Committee and Commission Protocols, Code of Conduct and related policies that are at the discretion of the City Council. The Committee reviewed these documents and proposed several revisions for the Council’s consideration. These revisions are summarized below and included in the attached draft documents for further consideration.
• Code of Conduct
As proposed, this document would be revised to include all elected City officials. • Procedural Guidelines for the Conduct at Council Meetings As proposed, Section 11 “Manner of Addressing Council – Time Limit” would be revised to three (3) minutes per public comment.
• Boards and Commissions Appointments
As proposed, the following sections would be revised:
o Section 2E “Eligibility and Membership – Specific Membership Requirements” ▪ Revise to include a ten (10) member commission and the elected City Treasurer ▪ Clarify that the City Treasurer is a non-voting member of the Commission. o Section 5B “Meetings, Attendance and Quorums – Attendance” ▪ Revise to clarify that continued service on a Commission or Board is at the discretion of the City Council and will be reviewed annually.
o Section 7G “Administration – Removal”
▪ Revise to clarify that continued service on a Commission or Board is at the discretion of the City Council.
• Accessibility and Technology Reimbursement Policy
As proposed, expand eligibility in the reimbursement of monthly technology/phone costs to the elected City Clerk and City Treasurer.
• Fraud Detection Policy
As proposed, clarify that the City Clerk is charged with managing fraud detection processes. • Investment Policy
As proposed, delegate the City Council’s authority to invest and reinvest City funds, or to sell or exchange securities purchased to the Mayor/City Council, upon the recommendation of the City Manager, Administrative Services Director and City Treasurer.
• Elected Official Duties
The Committee also reviewed Title 2 of the City’s Municipal Code relating to Administration and Personnel. Currently, the positions of City Council, City Manager and City Attorney are referenced and include a list of official job duties. As discussed, the Committee plans to review municipal codes from other communities with the elected positions of City Clerk and City Treasurer further to determine whether creating specific job duties for each position is necessary.
ATTACHMENTS:
Attachment A - Code of Conduct
Attachment B - Procedural Guidelines
Attachment C - Boards and Commissions Policies
Attachment D - Reimbursement Policy 21.1
Attachment E - Fraud
Attachment F - Covina Investment Policy
Respectfully submitted,
CITY OF COVINA
COUNCIL CODE OF CONDUCT
ALL COUNCIL MEMBERSELECTED OFFICIALS
All members of the City Council, including those serving as Mayor and Mayor Pro Tern, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect.
All Council Members and Elected Officials should:
• Demonstrate honesty and integrity in every action and statement • Serve as a model of leadership and civility to the community • Inspire public confidence in Covina government
• Work for the common good, not personal interest
• Prepare in advance of Council meetings and be familiar with issues on the agenda • Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others • Participate in scheduled activities to increase Council effectiveness • Review Council procedures, such as these Council Protocols, at least annually • Represent the City at ceremonial functions at the request of the Mayor • Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations
• Respect the proper roles of elected officials and City staff in ensuring open and effective government
• Provide contact information to the City Manager in case an emergency or urgent situation arises while the Council Member is out of town
COUNCIL CONDUCT WITH ONE ANOTHER
Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may" agree to disagree" on contentious issues.
In Public Meetings
• Use formal titles.
The Council and Elected Officials should refer to one another formally during Council meetings as Mayor, Mayor Pro Tem or Council Member followed by the individual' s last name.
• Practice civility and decorum in discussions and debate.
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions.
• Honor the role of the presiding officer in maintaining order and equity.
Respect the Mayor' s efforts to focus discussion on current agenda items. Objections to the Mayor' s actions should be voiced politely and with reason, following parliamentary procedures.
• Demonstrate effective problem-solving approaches.
Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council Members are role models for residents, and other stakeholders involved in public debate.
• Be respectful of other people's time.
Stay focused and act efficiently during public meetings.
In Private Encounters
• Treat others as you would like to be treated.
Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way.
COUNCIL CONDUCT WITH CITY STAFF
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council' s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
• Treat all staff as professionals.
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff.
• Channel requests of staff through the City Manager, City Attorney or his/her designee.
Requests of City staff should be directed only to the City Manager, or City Attorney or his/her designee. Council Members should not set up meetings with department staff directly, but work through the City Manager or City Attorney. • All Council Members should have the same information with which to make decisions.
Information requested by an individual Council Member or Elected Official will be made available to all Council members. All information requests should respect the" one hour" rule (See below).
• Never publicly criticize an individual employee, including Council-Appointed Officers.
Criticism is differentiated from questioning facts or the opinion of staff.
All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation.
• City Manager is administrative head of the City.
Any concerns a Council Member or Elected Official may have regarding day to day operations of the City should be directed to the City Manager. Avoid any staff interactions that may be construed as trying to direct or shape staff recommendations.
Council Members and Elected Officials shall refrain from coercing staff in making recommendations to the Council as a whole.
• Be cautious in representing City positions on issues.
Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents, remember to indicate if appropriate that the views you state are your own and may not represent those of the full Council. • Do not attend staff meetings unless requested by City Manager.
Even if the Council Member or Elected Official does not say anything, their Council Member' s presence may imply support, show partiality, intimidate staff, or hamper staff' s ability to do its job objectively.
• Respect the "one hour" rule for staff work.
Requests for staff support should be made to the City Manager, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda.
• Depend upon the staff to respond to citizen concerns and complaints.
It is the role of Council Members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate Department Head. The senior staff member should respond and is responsible for making sure the Council Member knows how the complaint was resolved.
COUNCIL AND ELECTED OFFICIAL CONDUCT WITH BOARDS AND
COMMISSIONS
The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council Members serve as
liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance to the Board or Commission. In other instances, Council Members or Elected Officials may attend Board or Commission meetings
as individuals, and should follow these protocols:
• If attending a Board or Commission meeting, identify your comments as personal views or opinions.
Council MembersElected Officials may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by an Council MemberElected Official at a Board or Commission meeting, when that Council MemberElected Official is not the liaison to the Board or Commission, should be clearly made as individual opinion and not a representation of the feelings of the entire City Council.
• Limit contact with Board and Commission members to questions of clarification.
It is inappropriate for a Council Member or Elected Official to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council Members or Elected Officials to contact Board or Commission members in order to clarify a position taken by the Board or Commission.
• Remember that Boards and Commissions are advisory to the Council as a whole, not individual Council Members.
The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council.
Council Members and Elected Officials should not feel they have the power or right to threaten Board and Commission members in any way if they disagree about an issue. A Board or Commission appointment should not be used as a political "reward." • Concerns about an individual Board or Commission member should be pursued with tact.
If a Council Member has a concern with the effectiveness of a particular Board or Commission member and is comfortable in talking with that individual privately, the Council Member should do so. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who can bring the issue to the Council as appropriate.
• Be respectful of diverse opinions.
A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on Boards and Commissions, but must be fair to and respectful of all citizens serving on Boards and Commissions.
• Keep political support away from public forums.
Board and Commission members may offer political support to a Council Member or an Elected Official, but not in a public forum while conducting official duties. Conversely, Council Members or Elected Officials may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council Member or Elected Official.
• Maintain an active liaison relationship.
Appointed Council liaisons are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission, or to arrange for an alternate.
STAFF CONDUCT WITH CITY COUNCILELECTED OFFICIALS
• Respond to Council questions as fully and as expeditiously as is practical.
The protocol for staff time devoted to research and response is in application here. If an Council MemberElected Official forwards a complaint or service request to a department head there will be follow through with the Council MemberElected Official as to the outcome.
• Respect the role of Council Members as policy makers for the City.
Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives
• Demonstrate professionalism and non-partisanship in all interactions with the community and in public meetings.
• It is important for the staff to demonstrate respect for the Council at all times. All Council Members should be treated equally.
OTHER PROCEDURAL ISSUES
• Commit to periodic review of important procedural issues.
Annually or as required by law, the Council will review the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues.
Use of Letterhead
• City letterhead may be used by Council Members.
Council members may use letterhead only for communication with constituents or stating City adopted positions
• City letterhead may not be used by Council Members.
City letterhead may not be used for personal business or to present an opposing view once an official position has been taken by the Council. All official City Council positions will be stated over the signature of the Mayor only or as directed.
Council Meetings
• The Mayor should work with the City Manager to plan the Council meetings.
There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. The purpose of the meeting is not to work on policy issues. Normally, only the Mayor is expected to attend the pre-Council meetings with the City Manager and other staff as required. • Council Member placement of items on the Agenda.
At the request of two Council members, the City Manager will place and item on the agenda.
• Don' t politicize procedural issues (e.g. minutes approval or agenda order) for strategic purposes.
• Submit questions on Council agenda items ahead of the meeting.
In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the City Attorney, City Manager or Assistant City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the Council meeting.
• Mayoral discretion on controversial items.
On highly controversial items the Mayor may: 1) move placement of the item on the agenda to facilitate the flow of all agenda business; 2) may limit the time allotted to individual speakers on an item; 3) may limit the total time allotted for public comment on an individual item.
• Confidentiality of Closed Session.
Confidentiality applies to any non-public discussion items. Council Members will not speak to affected/opposing parties, the press, or any individual not present about items
discussed in closed session. Any written reports or materials presented during closed session will be turned in at the end of closed session.
ENFORCEMENT
Failure of an Council MemberElected Official to observe and conduct himself/herself in accordance with these
adopted Council Protocols may result in, but not be limited to, the following actions: 1) private counseling of the Council MemberElected official; 2) letter of warning/reprimand from the City Council; 3)
restrictions upon City-authorized travel; 4) removal from serving as City representative/liaison to internal Boards and Commissions and to intergovernmental organizations; 5) reductions in personal expense budget; 6) exclusion from closed session discussions; 7) restricting the Council Member'sElected Official’s communications with City staff; 8) censure by the City Council; and 9) in the
most serious cases, referral of the matter to the Fair Political Practices Commission, District Attorney or grand jury for ethics investigation and/ or criminal prosecution.
PROCEDURAL GUIDELINES
FOR THE CONDUCT OF COUNCIL MEETINGS
SECTION 1. MEETINGS
The City Council shall hold regular meetings on the first and third Tuesday of each calendar month at 7:30 p.m. in the Council Chambers of the City Hall unless circumstances determine that a particular meeting shall be held at some other location in the City, all as set forth in Section 2.04.010 of the Municipal Code.
Special meetings of the City Council may be called at any time in the manner prescribed by State law.
SECTION 2. CONDUCT BY PERSONS IN ATTENDANCE
Any person making personal, impertinent or slanderous remarks or who shall be become boisterous while addressing the Council so as to disrupt the Council meeting shall be forthwith, by the Mayor, barred from further audience before Council, unless permission to continue is granted by a majority vote of the Council.
SECTION 3. ENFORCEMENT OF DECORUM
The Police Chief or such other official as the Mayor may designate, shall be Sergeant-at-Arms of the Council meetings. He, she, or they, shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant- at-Arms, or any of them present, to remove any person who violates the order and decorum of the meeting.
SECTION 4. AGENDA
Upon approval by the City Manager, the Chief Deputy City Clerk shall arrange an agenda of such matters according to the order of business and furnish each member of the Council, City Clerk and City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. At least one copy of the agenda packet shall be placed in the City Library for use by the public, and one copy of the agenda packet shall be placed in the City Clerk' s office for local newspapers.
SECTION 5. AMENDMENTS TO THE AGENDA
Matters of an urgent or emergency nature may be submitted to the City Council by the City Manager and/or the City Attorney as an amendment to the agenda in accordance with the Brown Act.
SECTION 6. THE PRESIDING OFFICER
The Mayor of the Council shall be the Mayor, or the absence of the Mayor, the Mayor Pro Tem. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. He/she shall state every question coming before the Council, announce the decision of the Council on all subjects and
decide all questions of order, subject to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He/she shall sign all ordinances, resolutions and contracts adopted or approved by the Council during his/her presence.
SECTION 7. CITY COUNCIL PROCEEDINGS
The City Council meetings shall be conducted in the procedural order set forth below:
a. Call to Order. The Mayor shall take the Chair at the appointed hour for the meeting, and shall immediately call the Council to order. In the absence of the Mayor and Mayor Pro Tern, the City Clerk, Chief Deputy City Clerk or Deputy City Clerk, shall call the Council to order, whereupon a temporary chairman shall be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tern, the temporary chairman shall immediately relinquish the Chair upon the conclusion of the business presently before the Council. In the absence of the City Clerk, Chief Deputy City Clerk or Deputy City Clerk, the Mayor shall appoint a Council Member to serve as City Clerk Pro Tem, in accordance with State law.
b. Roll Call. Before proceeding with the business of the Council, the City Clerk, Chief Deputy City Clerk or Deputy City Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. c. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the City Clerk shall call the meeting adjourned. d. Order of Business. All meetings of the Council shall be open to the public.
Promptly at the hour set by law on the day of each regular meeting, the Council Members, City Clerk, City Attorney and City Manager shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order, unless the Mayor, without objection from the Council Members agree to consider an item out of order:
Call to Order
Roll Call
Pledge of Allegiance
Invocation
Presentations
Oral Communications
Council Comments
Consent Calendar
Continued Public Hearings
Joint Public Hearings
Public Hearings
Continued Business
New Business
Adjournment
SECTION 8. RULES OF DEBATE
a. Mayor. The Mayor may debate and vote on each item before the Council. The Mayor, or such other member of the Council as may be presiding may move, second and debate from the Chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as the Presiding Officer.
b. Getting the Floor. Every member desiring to speak shall address the Chair, and upon recognition by the Mayor, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language. c. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed.
d. Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or other matter shall have the privilege of closing the debate after a full discussion has been had on said item as determined by the Mayor. e. Move to Reconsider. A motion to reconsider any action taken by the Council may be made prior to the close of such meeting wherein such action was taken.
Such motion must be made by a member of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions while a member has the floor. It shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council.
f. Reference to Roberts' Rules of Order. Where not addressed in the body of this resolution, all questions as to procedure and debate shall be resolved by the City Attorney' s interpretation of Roberts' Rules of Order, Newly Revised Edition.
SECTION 9. ADDRESSING THE COUNCIL
Any person desiring to address the Council on matters not listed on the agenda shall first secure the permission of the Mayor during the period allowed for Oral Communications. On matters listed on the agenda, persons may request the permission of the Mayor to speak on a matter at the time it is being considered by the City Council.
a. Written Communications. Interested parties or their authorized representatives may address the Council by written communications with regard to matters under discussion.
b. Oral Communications. Individuals, or their authorized representatives, may address the Council by oral communications on any matter concerning the City' s business, or any matter over which the Council has control or jurisdiction. c. Council Response to Oral Communications. Matters brought before the Council under Oral Communications shall be referred to staff for additional information and/or report if deemed appropriate by two members of the Council Members. No formal action shall be taken.
SECTION 10. ADDRESSING THE COUNCIL AFTER MOTION IS MADE After a motion is made by the Council, no person shall address the Council without first securing the permission of the Chair to do so.
SECTION 11. MANNER OF ADDRESSING COUNCIL—TIME LIMIT
Each person addressing the Council shall step up to the microphone in front, give his or her name and address in an audible tone of voice for the records, and unless further time is granted by the Mayor, shall limit his or her address to five (5)three (3) minutes unless reasonably revised by the Mayor due to special circumstances.
All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked a Council Member,
City Attorney or City Manager except through the Mayor. When called upon by the Mayor, the City Manager may, when deemed appropriate, refer the question to a staff member.
SECTION 12. SILENCE CONSTITUTES AFFIRMATIVE VOTE
Unless a member of the Council states that he/she is not voting, his/her silence shall be recorded as an affirmative vote.
SECTION 13. ABSTENTION FROM VOTING
A Council Member may abstain from voting on any ordinance, resolution, or other motion.
SECTION 14. CITY ATTORNEY OPINIONS
Requests for formal opinions from the City Attorney must be approved by two of the Council Members.
SECTION 15. ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS a. Presentation of Ordinances. No ordinance shall be prepared for presentation to the Council unless ordered by two members of the Council, or requested by the City Manager, or prepared by the City Attorney on his/her own initiative. b. Prior Approval by Administrative Staff. All ordinances, resolutions, and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his/her authorized representative.
SECTION 16. REPORTS, RESOLUTIONS & ORDINANCES TO BE FILED WITH CLERK All reports, resolutions and ordinances shall be filed with the Clerk and entered in the minutes.
SECTION 17. ADJOURNMENT
A motion to adjourn shall always be in order and decided without debate.
SECTION 18. CERTIFICATION
The City Clerk has certified to the passage and adoption of the resolution, and the same has thereupon taken effect and is in force.
Attachment A
CITY OF COVINA
Appointment to Boards, Commissions, and Committees Policy PURPOSE:
Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. By advising the City Council and staff, bringing new ideas to the table, and representing all of the diverse elements of our community, advisory bodies assist the City Council in making the best, most informed decisions possible, for the benefit of the entire Covina community. The Covina Municipal Code provides for the establishment of advisory bodies including commissions, committees, and boards to advise the City Council and provide ongoing citizen input into policies and issues affecting the Covina community.
The purpose of this Policy is to outline those Council policies pertaining to the City’s Boards and Commissions and set forth a structure that encourages meaningful involvement by the community in decision-making. Boards and commissions are created by the City Council for the following general purposes:
◼ Gather facts and focus attention on specific matters within their area of responsibility, advise the City Council on policy issues, and recommend actions and alternatives for City Council consideration.
◼ Provide a forum and opportunity for broad community participation in the identification and prioritization of issues.
◼ Facilitate reconciliation of contradictory viewpoints among interested parties. ◼ Assist in balancing community desires with municipal responsibility and resources. ◼ Recommend to the City Council specific policy-related issues for possible Council study and action.
Additionally, each board and commission has specific assignments or areas of responsibility as established by this Policy.
Committees may be created by resolution of the City Council, as needed, to study specific issues or matters that are limited in scope. The length of the assignment would be shorter in duration than the standing, or ongoing, commissions and boards. Ad hoc committees may be established to facilitate the study of Council-directed or staff-requested initiatives. These committees would be project-specific and would function only for the duration of the project.
Boards and commissions are not responsible for administrative/operational matters of the City nor the implementation of Council policy, except as requested by the city manager or his/her designated staff.
SECTION 1. COMMISSIONS AND BOARDS.
The City Council hereby establishes five Council-appointed commissions and boards:
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 2 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk (A) Finance Advisory Commission – Advises the City Council on finance-related policies and issues, including the annual operating and capital improvement program, and reviews, evaluates, and monitors Community Development Block Grant (CDBG) programs. (B) Library Board of Trustees – Solicits the views of the community and advises the Director about the policies and operations that promote the efficiency of the Library. The Board may make and enforce all rules, regulations and bylaws necessary for the administration, government, and protection of the Library under its management, and all property belonging thereto. (C) Parks and Recreation Commission – Advises the City Council on matters pertaining to the community service needs of the citizens of Covina relating to cultural and historical activities/programs and special events, facilities and park maintenance, public recreational services, senior services, and youth services. The Commission will be expected to be visionaries, be open minded to meet the ever-changing interests of the diverse, multicultural community, be actively open to receive input from individuals and community organizations, and participate in the development of facilities, programs and services that accommodate the needs of the community.
(D) Planning Commission – Conducts hearings related to variances, conditional use permits, and zoning regulations; reviews the General Plan; and conducts other studies as required or authorized.
(E) Traffic and Parking Advisory Commission – Serves as an advisor and makes recommendations to the City Council in matters pertaining to the operation and management of the City’s transportation and parking systems and provides a public forum for citizen input on the City’s transportation system. Board may discuss, analyze, evaluate and make recommendations to the City Council on short and long-range measures to enhance the City’s transportation and parking systems.
In addition, the City Council acknowledges the following existing board which is currently under review:
(F) Youth Accountability Board – Enriches the community through intervention into the behavior and activities of first-time juvenile offenders who have committed a minor offense.
SECTION 2. ELIGIBILITY AND MEMBERSHIP.
(A) Compensation – Commission or board members serve without compensation, unless provided for by resolution of the City Council.
(B) City Employment Prohibited – Commission or board members shall not hold any paid office or employment in the City Government, except as provided herein. (C) Spouses, Household Members, and Relatives – Individuals shall not be eligible to serve on a commission or board, if the individual has a spouse, household member living under the same
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 3 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk roof, or has a parent, step-parent, grandparent, child, sister, brother, niece, nephew, uncle, or aunt of the individual or of the individual's spouse that is currently serving as a member of the City Council, or employed as the city manager, assistant city manager, assistant to the city manager, city attorney, department director, assistant director, or the equivalent thereof, for the City of Covina.
(D) Concurrent Service – Members of commissions or boards listed herein may serve on more than one commission or board at the same time, except in the case where a conflict arises. (E) Specific Membership Requirements
1. Finance Advisory Commission – This up to ten-member commission acts in an advisory capacity to the City Council in matters pertaining to the City’s finances, reviews and makes recommendations on finance-related policies and issues, including the annual operating and capital improvement program, and reviews, evaluates, and monitors Community Development Block Grant (CDBG) programs. Membership in this Commission is open to local business people and property owners in the City, and the city treasurer. The city treasurer shall serve as a non-voting member of the Commission.
2. Library Board of Trustees – Formed pursuant to Chapter 2.44 of the Covina City Code Section. This five-member board acts in an advisory capacity to the City Council on library related issues. Each member shall be a resident of the City and have been a resident for at least one year prior to appointment.
3. Parks and Recreation Commission – This five-member commission acts in an advisory capacity to the City Council in matters and services pertaining to parks, open space, playgrounds, entertainment, other cultural and recreational activities. Each member shall be a resident of the City.
4. Planning Commission – Formed pursuant to Chapter 2.28 of the Covina City Code, this five-member commission acts in an advisory capacity to the City Council and has some decision-making authority on land use and development of the City. Each member shall be a resident of the City.
5. Traffic and Parking Advisory Commission – This five-member commission acts in an advisory capacity to the City Council concerning policies affecting the City’s transportation system. Membership in this Commission is open to residents in the City of Covina and business owners in the Downtown Covina (or business owners within the boundaries of Vehicle Parking District No. 1.)
6. Youth Accountability Board – Consists of up to ten members who must be dedicated to enriching the community through intervention into the behavior and activities of first-time Juvenile offenders who have committed a minor offense. Highly desirable applicants will either reside or work in Covina and be graduates of the Covina Police Department Citizens’
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 4 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk Academy. Board members are subject to a thorough background investigation and will be required to sign a confidentiality notice pertaining to all juvenile matters heard by the Board.
SECTION 3. RECRUITMENT, APPOINTMENT AND SELECTION.
(A) Appointment
1. The City Council shall have the authority to appoint individuals to a board or commission. Appointed members of boards and commissions serve at the pleasure of the City Council, pursuant to Government Code Section §36506. Appointment to a commission or board is an honor and a responsibility. It signifies the City Council’s confidence in the member’s wisdom and judgment and places upon the member the duty to prepare for and attend meetings and consistently work toward and vote in a manner that promotes the public interest. Members are not selected to represent a business, area of the community, school, or organization. Each member, and the commission or board, as a whole, is concerned with the general public good. Where personal interest conflicts with the general welfare of the public, the latter must prevail.
2. When a vacancy exists, applications will be received by the City Clerk’s Office and provided to the City Council for consideration of appointment. If a vacancy shall occur, other than by expiration of the term, such vacancies shall be filled by appointment for the unexpired portion of the term. The City Councilmember who nominated the vacating board or commission member shall nominate a replacement.
3. Prior to appointment, prospective members may be interviewed by the entire city Council at a study session meeting pursuant to the Ralph M. Brown Act which requires that all discussions and deliberations by the City Council regarding appointments or confirmation of appointments are to take place in public at regular or special meetings of the body.
4. City Councilmembers will make appointments at a regular or special meeting. All appointments whether initial, due to vacancy, or reappointment shall be subject to ratification of a majority of the City Council.
5. Members shall be appointed for a term of four years expiring on June 30; except for members of the Library Board of Trustees whose terms shall be for three years pursuant to California Education Code Section § 18911.
(B) Oath of Office
Each board and commission member, before entering upon the discharge of the duties of his/her office, shall receive the City’s Code of Conduct, Resolution No. 09-6748, and take, subscribe to, and file with the city clerk the following oath or affirmation:
“I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of (here inserting the name of office) according to the best of my ability.”
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 5 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk Each board and commission member shall have the opportunity to receive a ceremonial Oath of Office at a regularly-scheduled City Council meeting.
(C) Vacancies and Recruitment
Through the Office of the City Manager and City Clerk, efforts will be made to fill board or commission vacancies as soon as practical. Upon notification of a vacancy, whether planned or unplanned, staff shall inform Council of the status of recruitment efforts to fill the vacancy. (D) Training, Conferences and Disclosure Obligations
1. Training shall be provided to all board and commission members by the City, including an orientation session for new members. Training shall be delivered as deemed necessary by the Council and/or city manager and may include topics germane to a specific board or commission and/or training generic to all boards and commissions (e.g. ethics training or “how to run a meeting” for board and commission chairs).
2. Conferences are conducted periodically by outside groups to assist members of commissions and boards in meeting their respective responsibilities more effectively. The City’s interests are often served by participation in the educational and training programs offered at the conferences. Each member of City boards and commissions may attend related training and/or conferences, provided that the conference subject matter pertains directly to the function of the board and commission and that funds for this purpose have been budgeted. Members are also responsible for attending training required pursuant to State law.
3. Designated boards and commissions are subject to conflict of interest provisions of the Political Reform Act and must file Statements of Economic Interests. Statements must be filed within 30 days of taking office and thereafter annually, as well as upon leaving office.
SECTION 4. OFFICERS.
(A) Selection of Chair and Vice Chair
Each board and commission shall, at the first regular meeting in July of each year, or during the next regularly-scheduled meeting if a July meeting is not otherwise necessary, elect one of its members as presiding officer, to serve commencing after the end of the meeting. The selection of chair and vice chair shall be the last item on the agenda at the scheduled meeting. (B) Chair and Vice-Chair – Roles and Responsibilities
1. Chair – Presides at meetings of the commission or board, and follows Brown Act requirements for conducting meetings and coordinates the scheduling of special meetings or cancellation of a meeting with the staff liaison.
2. Vice-Chair – Serves as the presiding officer in the absence of the chair.
SECTION 5. MEETINGS, ATTENDANCE AND QUORUMS.
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 6 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk (A) Meetings
1. Each commission and board shall be scheduled to meet regularly on a day and time determined by the commission or board and approved by the City Council.
2. As a matter of policy, it serves the public interest to have the greatest possible public access to commission meetings. Meeting locations shall be selected according to the following guidelines:
• Meeting rooms should be of a size adequate to allow for public participation. • Commissions should meet in a location permitting recurring usage of that location to the greatest extent possible.
• Boards and commissions should preferably meet in the Council Chamber or another facility with adequate parking, interior space, lighting and accessibility to promote involvement.
3. All board and commission meetings, including special meetings, shall be open to the public and held in a manner provided for in the Ralph M. Brown Act, California Government Code section 54590, as it may from time to time be amended.
4. All board and commission meetings shall operate under Parliamentary Procedure.
Should this policy and Parliamentary Procedure conflict, this policy shall take precedence.
5. A majority of the members of the board or commission shall constitute a quorum for the transaction of business.
(B) Attendance
1. Regular attendance at the board or commission meeting is critical. A quorum, or majority, of the members is required to conduct business, and unexcused or repeated absence from meetings adversely affects the work of the group and inconveniences the other members. The boards and commissions need the benefit of every member’s expertise and judgment in formulating recommendations to the Council.
2. Each member of a City board and commission is expected to attend all regularlyscheduled meetings, and as many special meetings as possible. When a board or commission member knows in advance that he/she will be absent from a meeting, the member shall give advance notice to the chair and/or staff liaison.
3. The board/commission chair shall, in consultation with the staff liaison, propose that each absence be “excused” or “unexcused”. Each board or commission shall then determine by general consent (or, failing to achieve general consent, by majority vote) their members’ absences from regularly-scheduled meetings as excused or unexcused and shall include that record in official meeting minutes. Absences from special meetings shall be recorded but shall not be classified as “excused” or “unexcused”.
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 7 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk a. Excused Absences – excused absences include work-related conflicts, illness or other medical reasons, and personal conflicts including scheduled vacations when notice is provided in advance. Generally, failure to inform the chair or staff liaison prior to the meeting shall result in an unexcused absence unless extenuating circumstances prevent advance notice.
4. Unexcused absences from three consecutive regularly-scheduled meetings, or from more than 25% of all regularly scheduled meetings over any twelve consecutive month period, shall result in that member’s seat being declared vacant further review by the City Council. The City Council, in its sole discretion, may declare that a member’s seat is vacant based on attendance records. Any declaration of vacancy based on unexcused absence from more than 25% of all regularly scheduled meetings over any consecutive 12-month period shall be appealable to the City Council.
5. Board and Commission members are responsible for monitoring their own attendance records. The staff liaison shall record the attendance of board and commission members in a uniform manner in the meeting minutes and prepare for the City Council semi-annual reports of all the City’s boards and commissions showing the attendance of each member at both regular and special meetings during the past 12 months. The percent of regularly-scheduled meetings attended shall only be shown for board and commission members having been in office at least six twelve months.
6. Council shall take into consideration board and commission member attendance records, including tardiness, when evaluating the overall performance of board and commission members.
(C) Quorum
Boards and commissions have a quorum present when a majority of their total membership is present. “Total membership” means the number of members indicated in Section 3 of this Resolution.
(D) Majority and Abstentions
Commissions and/or Board motions shall be approved by a majority of legal votes cast. Members who fail to vote are presumed to have waived the exercise of their right and to have consented to allow the will of the organization to be expressed by those voting. The tabulation of a vote is based on the number of members present and voting. Abstentions are not counted, since a member who abstains voluntarily relinquishes his or her vote, and is not counted in the results.
SECTION 6. GENERAL AND SPECIFIC DUTIES.
Aside from obligations related to attendance and training noted elsewhere in this policy, the general and specific duties for all commission and board members are:
(A) General Duties
1. Gather facts and focus attention on specific matters within their area of responsibility.
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Reference: Resolution CC 19-27 Page 8 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk
2. Advise the City Council on policy issues, make recommendations, and propose alternatives for City Council consideration.
3. Provide a forum and opportunity for broad community participation in the public process.
4. Facilitate reconciliation of contradictory viewpoints among interested parties.
5. Assist in balancing community desires with municipal responsibility and available resources.
6. Recommend to the City Council specific policy-related issues for possible Council study and action.
(B) Specific Duties
1. Finance Advisory Commission
a. Reviews and analyses financial and investment information including the annual operating and capital improvement program.
b. Advises the City Council on finance-related policies and issues. c. Reviews, evaluates, and monitors Community Development Block Grant (CDBG) programs, and makes recommendations to the City Council on the allocation of funding.
2. Library Board of Trustees
a. Review and make recommendations on the Library Sub-Element of the General Plan.
b. Assess community conditions which affect Library goals and policies and encourage efficiency in operations.
c. Review and make recommendations regarding grant applications and funding allocations.
3. Parks and Recreation Commission
a. Advise the City Council on matters pertaining to recreation services, cultural activities and special events, senior services, youth services, human relations, and historical preservation.
b. Foster, enhance, and recognize volunteer opportunities for people of all ages within the community.
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Reference: Resolution CC 19-27 Page 9 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk c. Provide input to the Planning Commission and City Council on matters pertaining to the design and features of parks, community centers, and senior centers that affect the provision of recreation and related services. d. Review, analyze and recommend programs and activities directed toward enhancing the recreation, social, and senior service opportunities available to all persons in our community.
e. Review, analyze and recommend programs and activities that enhance communication and relationships between residents, private and public agencies, local institutions, and businesses in our community.
4. Planning Commission
a. Prepare, adopt and recommend to the City Council a comprehensive, long-term plan for the physical development of the City, which shall be known as the city of Covina General Plan.
b. Prepare, adopt and recommend to the City Council plans based on the General Plan and drafts of such regulations, programs and legislation as may, in its judgment, be required for the systematic execution of the General Plan. c. Act on the advisory agency of the City Council in connection with the administration of the State Map Act.
d. Hear and decide applications for variances, unclassified use permits, tentative tract and parcel maps, as well as precise plans of design in accordance with adopted rules and procedures.
e. Investigate, hear and recommend to the City Council plans for the improvement and beautification of the City, including such matters relating to changes of zoning regulation and district.
f. Administrate the Historic Preservation duties outlined in Chapter 17.81 of the Covina Municipal Code.
g. Perform all other duties as may be imposed by law or the City Council.
5. Traffic and Parking Advisory Commission
a. Study data and statistics, make reports, hold hearings, and make recommendations to the City Council on matters relating to traffic safety and parking management programs in the City.
b. Review and make recommendations on Federal, State and regional policy proposals related to bicycles, pedestrians, traffic safety, parking and mobility.
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Reference: Resolution CC 19-27 Page 10 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk c. Review and make recommendations on the applicable sections of the General Plan.
6. Youth Accountability Board
a. Attend bi-monthly meetings during evening hours at the Covina Police Department to review cases referred to the Youth Accountability Board Program.
b. Meet with juvenile offenders and their parents.
c. Draft and present “accountability contracts” designed to address the juvenile’s behavior and any other issues to parent(s) and juvenile for agreement. d. Review accountability contracts to monitor progress and ensure compliance of participants.
(C) Additional Duties
Additional duties may be conferred upon specific boards and/or commissions by the City Council.
These shall be memorialized via the City Charter or by revision to this policy.
SECTION 7. ADMINISTRATION.
(A) Staff Liaison – The City Manager shall appoint a staff liaison to support each board and commission. The staff liaison to each board and commission shall serve as the secretary for the commission and is responsible for maintaining the record of resolutions, findings, determinations, and minutes as required.
(B) Communications – In addition to their role as advisors to the Council, boards and commissions function as a communication link between the community and the City, explaining City programs and recommendations, advocating established City policy and services, as well as providing a channel for citizen expression.
(C) Annual Reports – In order for the City Council to oversee the progress, accomplishments and challenges, each board and commission shall submit annually to the City Council a report that includes, at a minimum, the board/commission’s meeting dates, attendance sheets, a summary of the board/commission’s accomplishments in the past 12 months and goals for the next 12 months,.
Annually, the Council will conduct a joint meeting to discuss the annual report and the board/commission’s progress and challenges in meeting its goals and objectives. (D) Joint Meetings – Council shall consider joint study sessions with boards and commissions as warranted.
(E) Recognition – An annual event to recognize the service of all board and commission members, as well as citizens serving on special Council ad-hoc committees, shall be coordinated through the Office of the City Manager. Outgoing board and commission members who have
Approved by City Council:03/05/2019 Revision No.:5
Reference: Resolution CC 19-27 Page 11 of 11
Prepared by: Evelyn Leach, Interim Chief Deputy City Clerk served their full term shall receive a certificate of appreciation and a small memento of appreciation.
(F) Resignation/Completion of Term – When a board or commission member resigns from his or her seat, the member shall notify the City Council in writing (email, fax or letter), with copies to the staff liaison, city clerk and city manager, indicating the effective date and the reason(s) for resignation.
(G) Removal
A person appointed by the City Council to any board or commission shall continue to serve as a member thereof except when:
1. The person’s term of office expires and a different person has been appointed.
2. The person voluntarily resigns.
3. The City Council vacates a position after reviewing a person’s attendance record person has exceeded the maximum number of unexcused absences and the position has been vacated.
4. The person has been removed from office by the City Council.
A majority vote of the City Council may remove any member of a board or commission for any reason including, but not limited to, conduct unbecoming a public official, violating the City’s conflict of interest ordinance or failing to comply with statutory requirements such as the filing requirements under the Political Reform Act. Conduct unbecoming a public official includes the kind of conduct that any reasonable board/commission member would know is incompatible or inimical to public service, would indicate a lack of fitness to perform the functions of a Commissioner or would discredit or cause embarrassment to the City.
Any member of the City Council may initiate a person’s removal from a board or commission by requesting at a regular City Council meeting that consideration of the person’s removal be placed on the Council’s agenda at a regular or special meeting for discussion and potential action. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a board or commission.
SECTION 9. BYLAWS.
Boards and commissions may craft additional bylaw provisions specific to the group, including establishing regular meeting dates, times and locations, as long as the bylaws do not conflict with Sections 1 through 8 above. Any bylaw provisions and revisions thereto must be approved by the City Council.
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City of Covina Policy Number: 21.1________
Administrative Policy Manual Date Approved: ___ ________ Subject: Accessibility and Technology Reimbursement Policy Purpose: To establish a process for City Councilmembers, City Elected Officials and City Management Staff to utilize technology devices in conducting City business.
Policy
Due to the nature of their responsibilities, it is important for City Councilmembers, Elected Officials and City Management staff to be accessible twenty-four hours a day. The use of technology and communication devices helps to ensure accessibility and provide the necessary tools to effectively and efficiently conduct City business.
Procedure
1. Certain communications and technology devices are necessary to conduct City business twenty-four hours a day, seven days a week. Such devices allow City representatives to send/receive messages and calls and help to maximize efficiency in conducting City business.
2. The City will provide City Councilmembers, Elected Officials, City Department Heads and City Division Managers a technology reimbursement that includes a monthly reimbursement of up to $100 per month. City Councilmembers, City Department Heads and City Division Managers shall also be eligible for the reimbursement of applicable technology costs (voice and data plan) and a one-time reimbursement every two (2) years for technology equipment (smart phone, tablet, etc.). Such reimbursement shall not exceed the average cost of a current year model Apple iPhone with 256GB storage capacity and Samsung Galaxy with 256GB storage capacity. Participation by City Department Heads and Division Managers shall be subject to approval by the City Manager.
3. In order to participate, designated City representatives shall complete the attached selfcertification form (Attachment A) and receive advanced approval from the City Manager.
Participants shall not receive a City-provided cell phone.
4. Participants in the program must submit copies of all eligible technology equipment and voice/data plan to the Administrative Services Department for reconciliation prior to the receipt of reimbursement funds.
5. Items reimbursed through this Policy cannot be reimbursed through the Electronic Equipment Purchase Reimbursement Policy (Administrative Policy 21.2)
Attachment A
City of Covina
Accessibility and Technology Reimbursement Self-Certification Form Name: ___________________________________________ Date: ____________________ The following technologies will be used to remain accessible for City business purposes:
Technology Device
(Not to exceed the average cost of a current year model Apple iPhone with 256GB storage capacity and Samsung Galaxy with 256GB storage capacity)
Device Type/Model Storage Capacity Cost
Estimated Monthly Reimbursement for Voice/Data Services Not to exceed $100 per month.
Carrier Plan Cost
The undersigned hereby certifies that they have read the City’s Accessibility and Technology Reimbursement Policy and Hereby States that requested expenses for reimbursement shall fall within the provisions of the policy. The undersigned also agrees to provide expense receipts prior to receiving reimbursement payment.
___________________________________
Employee Name
___________________________________ ________________
Signature Date
___________________________________ ________________
Administrative Services Director Approval Date
City of Covina Policy Number: 21.1________
Administrative Policy Manual Date Approved: ___ ________ ___________________________________ ________________
City Manager Approval Date
Resolution No. 14-7306
November 18, 2014
Policy Name: Fraud detection Effective Date: November 18th 2014
PURPOSE
The City of Covina is committed to protecting tax payer dollars and assets from fraud and recovering losses as a result of fraudulent activities. The Fraud Prevention and Detection Policy is established to facilitate the development of controls which will aid in the prevention and detection of fraud against the City. The Policy intends to empower the City Treasurer Clerk to conduct investigations and report findings to the City Manager. The City website contains a link to a Fraud and Abuse Reporting page. This page contains information for the reader on how to report a potential fraud and how the report will be handled. Fraud awareness and reporting posters have been distributed to City facilities for posting on bulletin boards.
Brochures informing the public of this reporting tool will be placed at all public counters.
30.10 POLICY
Under the direction of the TreasurerCity Clerk, it is the policy of the City to identify, and promptly investigate, any employee behavior that may be considered "fraud" or misuse of City assets. The Treasurer City Clerk shall also ensure that administrative officials are held publicly accountable for their use of public funds and other resources at their disposal.
30.20 PROCEDURES
30.21 City Management Responsibilities
The City Manager's Department is responsible for developing and maintaining an effective system of internal control that safeguards taxpayer assets. As part of this policy, under the direction of the City Manager the Finance Director will implement administrative regulations that will protect assets from being fraudulently misappropriated. The administrative regulation will include a regular review of fraud risks and the creation of internal controls to combat any perceived risks, a process to control reporting of transactions to protect against fraudulent reporting and/or accounting, require management to develop adequate internal controls to prevent and detect fraud.
The City Attorney is responsible for recovering losses from fraudulent activities. Individual departments are responsible for reporting suspected acts of fraud to the Supervisor, Department Head, City Manager, City Treasurer Clerk or the Hotline.
30.22 Process for Handling Suspected Acts of Fraud
Complaints of fraud may be reported to the Hotline or submission of the online reporting form through a link on the City website. The Treasurer City Clerk will notify the City Manager and the appropriate Department Director of the reported allegation of fraudulent or irregular conduct upon the commencement of the investigation, to the extent practical. The Treasurer's City Clerk’s primary responsibility will be to conduct a preliminary investigation to determine if the suspected act merits further action. If it is determined that the suspected activity warrants further investigation, the City Manager and/or Personnel and/or Finance will conduct the investigation. If the fraud requires further investigation, the City Manager will turn the matter over to the Police Department.
Resolution No. 14-7306
November 18, 2014
A. Suspected Acts of Fraud Reported or Uncovered by City Employees If an employee suspects and reports a suspected act of fraud, the first notification should be made to the employee's immediate supervisor. If the employee suspects that the Immediate supervisor is involved, the employee should report their findings directly to the department head. If the employee suspects that the department head is involved, the employee should report their findings directly to the Hotline. If the employee is not comfortable bringing this to the attention of the chain of command, the employee has the option of directly reporting their findings to the Hotline. After a suspected act of fraud is reported the Treasurer City Clerk will begin the investigation and determine if the suspected action warrants a further investigation. If the information received via the Hotline lacks sufficient data to determine if an investigation is warranted, the City Treasurer Clerk may contact the employee (if the contact information has been provided) for additional data. If the suspected action does not warrant a further investigation, no further action shall be taken. If the suspected act of fraud warrants further investigation the Treasurer City Clerk will follow the process outlined above.
B. Suspected Acts of Fraud Reported or Uncovered by Outside Persons If an outside party reports a suspected act of fraud to a City employee, the outside party should be directed to the Hotline.
C. Suspected Acts of Fraud Reported by Elected Officials or City Commissioners If an elected official or member of a City commission suspects fraud, he or she shall report this act to the City Manager.
30.23 Suspected Data Breach
In the event of a data breach of employee and/or customer information, per California Senate Bill sa 46, the City will comply with the notification requirement providing the security breach notification in electronic form and direct the person whose information has been breached to promptly change user name or security question as applicable, or take other appropriate steps. SB 46 further specifies that in the case of a breach of specified personal information involving log-in credentials of an e-mail account, the responsible person or agency should not send the security breach notification to an e-mail address, but may instead comply with the notification requirement in another method that provides clear and conspicuous notice.
30.24 Reporting Requirements
Once an individual has reported alleged fraud, the following three processes will be followed: 1. Level 1 - After a suspected act of fraud has been reported to the appropriate level of City staff, and/or then to the Hotline, the Treasurer City Clerk will determine whether further action is necessary. If the Treasurer City Clerk determines the accusation has no merit, no further action will be taken. At this level, employee confidentiality is maintained. 2. Level 2 - After a suspected act of fraud has been reported to the appropriate level of City staff, and then to the Hotline, and if the suspected act of fraud has been determined to have merit, an appropriate investigation begins. At this level, only the investigating departments, the City Manager, and Personnel are contacted. 3. Level 3 - An investigation has determined that fraud has taken place. All appropriate criminal and/or administrative actions are underway. The
Resolution No. 14-7306
November 18, 2014
Finance Department shall notify the City's external auditors of known acts of fraud that have reached the level 3 status.
DEFINITIONS
Fraud· For the purposes of this policy, fraud is defined as: the intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. In some instances, intentional fraud may be considered criminal. Behavior considered by the City of Covina to be fraudulent includes but is not limited to the following:
• Falsifying job-related expenses.
• Forgery or unauthorized alteration of documents such as checks, promissory notes, time sheets, agreements, purchase orders, etc.
• Misrepresenting facts in order to obtain City equipment including cash, notes, equipment, furniture, etc.
• Knowingly authorizing payments for goods not delivered or receiving payments for services not rendered.
• Knowingly falsifying records of cash or money transactions. • Misrepresenting accounting/budget numbers/financial statements to conceal employee theft. • Misrepresenting the cost of a project so that funds may be used otherwise. • Misrepresenting the cost of uniforms.
• Misrepresenting contractor qualifications to secure an agreement so that the employee receives remuneration from the contractor.
City· City of Covina
Policy - Fraud Prevention and Detection Policy
Treasurer City Clerk - City of Covina Treasurer City Clerk Hotline - Fraud and Abuse Reporting page/phone line
Resolution No. 14-7306
November 18, 2014
Government Code 53087.6.
(a) (1) A city, county, or city and county auditor or controller who is elected to office may maintain a whistleblower hotline to receive calls from persons who have information regarding fraud, waste, or abuse by local government employees. (2) A city, county, or city and county auditor or controller who is appointed by, or is an employee of, a legislative body or the government agency that is governed by the city, county, or city and county, shall obtain approval of that legislative body or the government agency, as the case may be, prior to establishing the whistleblower hotline.
(b) The auditor or controller may refer calls received on the whistleblower hotline to the appropriate government authority for review and possible investigation. (c) During the initial review of a call received pursuant to subdivision (a), the auditor or controller, or other appropriate governmental agency, shall hold in confidence information disclosed through the whistleblower hotline, including the identity of the caller disclosing the information and the parties identified by the caller.
(d) A call made to the whistleblower hotline pursuant to subdivision (a), or its referral to an appropriate agency under subdivision (b), may not be the sole basis for a time period under a statute of limitation to commence. This section does not change existing law relating to statutes of limitation. (e) (1) Upon receiving specific information that an employee or local government has engaged in an improper government activity, as defined by paragraph (2) of subdivision (f), a city or county auditor or controller may conduct an investigative audit of the matter. The identity of the person providing the information that initiated the investigative audit shall not be disclosed without the written permission of that person, unless the disclosure is to a law enforcement agency that is conducting a criminal investigation. If the specific information is in regard to improper government activity that occurred under the jurisdiction of another city, county, or city and county, the information shall be forwarded to the appropriate auditor or controller for that city, county, or city and county. (2) Any investigative audit conducted pursuant to this subdivision shall be kept confidential, except to issue any report of an investigation that has been substantiated, or to release any findings resulting from a completed investigation that are deemed necessary to serve the interests of the public. In any event, the identity of the individual or individuals reporting the improper government activity, and the subject employee or employees shall be kept confidential. (3) Notwithstanding paragraph (2), the auditor or controller may provide a copy of a substantiated audit report that includes the identities of the subject employee or employees and other pertinent information concerning the investigation to the appropriate appointing authority for disciplinary purposes.
The substantiated audit report, any subsequent investigatory materials or information, and the disposition of any resulting disciplinary proceedings are subject to the confidentiality provisions of applicable local, state, and federal statutes, rules, and regulations.
Resolution No. 14-7306
November 18, 2014
(f) (1) For purposes of this section, “employee” means any individual employed by any county, city, or city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, or political subdivision that falls under the auditor’s or controller’s jurisdiction. (2) For purposes of this section, “fraud, waste, or abuse” means any activity by a local agency or employee that is undertaken in the performance of the employee’s official duties, including activities deemed to be outside the scope of his or her employment, that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct.
(Amended by Stats. 2010, Ch. 80, Sec. 1. (AB 1666) Effective January 1, 2011.)
EXHIBIT A
1 CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022
PURPOSE:
A. This Investment Policy is set forth by the City of Covina and Successor Agency to the Covina Redevelopment Agency (collectively “City”) for the following purposes:
1. To establish a clear understanding for the Council, City management, responsible employees, and third parties of the objectives, policies, and guidelines for the investment of the City’s idle and surplus funds.
2. To offer guidance to investment staff and any outside advisers on the investment of City funds.
3. To establish a basis for evaluating investment results.
B. The general purpose of this Investment Policy is to outline a philosophy and attitude that will guide the investment of City funds toward the desired investment goals. It is intended to be sufficiently specific to be meaningful, yet adequately flexible to be practical.
C. By adoption of this Investment Policy, the City Council also delegates its authority to invest and reinvest City funds, or to sell or exchange securities so purchased, to the City Mayor/City Council, upon recommendation of the City Treasurer, City Manager and Administrative Services Director, for a period of one year. Pursuant to Section 53607 of the Government Code, any renewal of such delegation shall be made by, and at the discretion of, the City Council each year after review.
The City’s Mayor/City Council may enlist help of staff or a contract investment manager to fulfill such delegated investment duties, but the City’s Mayor/City Council must exercise prudence in the selection of any contract investment manager, impose suitable safeguards to prevent abuse in the exercise of discretion by the manager and staff, and the City’s Mayor/City Council remains responsible for any investment decisions made by contract investment manager or staff designated by the City Mayor/City Council to assist in such delegated investment duties.
POLICY
It is the policy of the City to invest public funds in a manner that will provide the highest investment return with maximum security while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds.
1.0 SCOPE:
This Investment Policy applies to all cash assets of the City. Cash assets held by the City shall be pooled in order to manage the City’s cash resources effectively. All pooled cash assets are accounted for in the City’s Comprehensive Annual Financial Report and include the following funds:
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
2 FUNDS:
1.1.1 General Fund
1.1.2 Special Revenue Funds
1.1.3 Debt Service Funds
1.1.4 Capital Projects Funds
1.1.5 Enterprise Funds
1.1.6 Internal Service Funds
1.1.7 Trust and Agency Funds
The scope of this investment policy does not extend to cash assets held by fiscal agents, deferred compensation cash assets or other cash assets over which the City does not exercise specific control.
2.0 PRUDENCE:
The standard of prudence to be used by investment officials shall be the “prudent investor” standard and shall be applied in the context of managing the overall portfolio. This standard requires all investment officials, when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, to act with the care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law and this Investment Policy.
3.0 OBJECTIVES:
The primary objectives, in priority order, of the City’s investment activities shall be:
3.1 Safety. Maintaining the principal value of assets entrusted to the City is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio by limiting investment risk in the portfolio. Additionally, since all possible cash demands cannot be anticipated, the portfolio shall consist largely of securities with active secondary or resale markets.
3.1.1 Credit Risk. The City will minimize credit risk, the risk of loss due to financial failure of the security issuer or backer by:
• Limiting exposure to poor credits and concentrating investments in the safest type of securities.
• Pre-qualifying the financial institutions, broker/dealers, intermediaries and advisors that the City will do business with.
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
3 • Diversifying the investment portfolio so that the potential losses on individual investments will be minimized.
• Actively monitoring the investment portfolio for ratings changes, changing economic/market conditions, etc.
3.1.2 Interest Rate Risk. The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates by:
• Structuring the investment portfolio so that the securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities in the open market prior to maturity.
• Investing operating funds primarily in shorter-term securities or short-term investment pools.
3.2 Liquidity. The City’s investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).
3.3 Return on Investment. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above.
The majority of the portfolio is limited to highly rated/low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions:
• A security with declining credit may be sold early to minimize loss of principal. • A security swap would improve the quality, yield, or target duration in the portfolio.
• Liquidity needs of the portfolio require that the security be sold.
4.0 REPORTING:
In accordance with amended Section 53646 of the Government Code, the Treasurer will annually review the investment policy and render the policy to the City Council. Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such moneys shall be reinvested only as provided by this policy.
Pursuant to Section 53607 and Section 53646 of the Government Code, the Treasurer shall render a report to the City Council and City Manager, containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on a quarterly basis and be provided to the Council within 30 days following the end of the quarter.
The report will contain the following information on the funds that are subject to this investment policy: 1) the type of investment, name of the issuer, date of maturity, par and dollar amount invested on all securities in each investment; 2) any investments, including loans and security lending programs, that are under the management of contracted parties; 3) for all securities held
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
4 by the City and under management of any outside party that is also a local agency or Local Agency Investment Fund, the current market value as of the date of the report, and source of this valuation; 4) a statement of the portfolio’s compliance with the City’s investment policy, or manner in which the portfolio is not in compliance; and 5) a statement denoting the City’s ability to meet its pools expenditure requirements for the next six months, or an explanation as to why sufficient money shall, or may, not be available.
The City Treasurer shall make a monthly report of any investment transactions to the City Council, in accordance with Section 53607 of the Government Code.
To the extent the City has funds invested in County investment pools the Treasurer shall request copies of all the investment reports generated by the Counties pursuant to Government Code Section 27133 and the annual audit required by Government Code Section 27134. The investment report shall reflect a summary of these reports and audits.
5.0 INTERNAL CONTROL:
The Administrative Services Director is responsible for establishing and maintaining an adequate internal control structure designed to reasonably protect the assets of the City from loss, theft or misuse. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management.
Accordingly, the Administrative Services Director shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:
Control of collusion.
• Separation of transaction authority from accounting and record keeping. • Custodial safekeeping.
• Avoidance of physical delivery of securities whenever possible and address control requirements for physical delivery where necessary. • Clear delegation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Development of a wire transfer agreement with the lead bank and third-party custodian and implementation of the appropriate safeguards described in the GFOA Recommended Practice on "Electronic Transactions for State and Local Governments."
• Compliance and oversight with investment parameters including diversification and maximum maturities.
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
5 6.0 EXTERNAL AUDIT:
On at least an annual basis the City shall have an external auditor review the City’s investments and provide an opinion to the City respecting the City’s compliance with this Investment Policy.
7.0 QUALIFIED DEALERS AND INSTITUTIONS:
The City shall transact business only with those banks, savings and loans, registered investment securities dealers, and authorized representatives of investment pools, as authorized by the California Government Code Section 53600 et seq. The purchase of any investment, other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker/dealer, as defined in Section 25004 of the Corporation Code, who is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, a savings association or federal association (as defined by Section 5102 of the Financial Code), or a brokerage firm designed as a Primary Government Dealer by the Federal Reserve Bank. The Mayor/City Council’s staff shall review all institutions that wish to do business with the City in order to determine if they are adequately capitalized, make markets in securities appropriate to the City’s needs, and agree to abide by the conditions set forth in this Investment Policy. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must provide a current audited financial statement.
8.0 AUTHORIZED INVESTMENTS AND DIVERSIFICATION REQUIREMENTS:
All investments shall be made in accordance with Sections 53600 et seq. of the Government Code of California and as described in the “Permitted Investments” section of this Investment Policy.
The book value of the security will be used when calculating diversity compliance.
8.1 PERMITTED INVESTMENTS under this policy are summarized on Attachment I and shall include:
8.1.1 Securities, including participations or other instruments, issued by and fully guaranteed as to principal and interest by the U.S. Government, a federal agency of the U.S. Government, or a United States government-sponsored enterprise, or for which the faith and credit of the United States are pledged for payment of principal and interest. Permitted securities shall have fixed coupons, fixed maturity dates and no-call provisions, provided that the stated final maturity does not exceed five years from the date of purchase.
8.1.2 Commercial paper of “prime” quality rated a minimum of P-1 by Moody’s Investor Services (Moody’s) or A-1 by S&P Global Ratings (S&P) provided that:
(a) the maturity does not exceed 180 days from the date of purchase; (b) the issuer is a special purpose corporation, trust, or limited liability company organized and operating in the United States with assets in excess of $500 million; debt other than commercial paper, if any, that is rated “A” or higher by a nationally recognized statistical rating organization (NRSRO); and program-wide credit enhancements including, but not limited to, overcollateralization, letters of
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
6 credit, or a surety bond; (c) no more than 15 percent of the City’s portfolio is invested in commercial paper; and (d) City may not purchase more than 10% of the outstanding commercial paper of any single issuer.
8.1.3 Banker’s acceptance of “prime” quality issued by institutions the short-term obligations of which are rated a minimum P-1 by Moody’s or A-1 by S&P provided that: (a) the acceptances are eligible for purchase by the Federal Reserve system; (b) the maturity does not exceed 180 days; and (c) no more than 20 percent of the City’s total portfolio may be invested in banker’s acceptances.
8.1.4 Medium-term (or corporate) notes with fixed coupons, fixed maturity and nocall provisions, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, the long-term obligations of which are rated at least AA- by S&P or Aa- by Moody’s. No more than 10 percent of the City’s portfolio may be invested in eligible medium-term or corporate notes. The maximum maturity of medium-term corporate notes is two (2) years.
Investments in medium-term notes issued by agencies of the Federal Government are governed by Section 8.1.1 of this policy.
8.1.5 Mutual funds that are registered as money market funds with the U.S. Securities and Exchange Commission, invested in U.S. Government securities, and strive to maintain a price of $1.00 per share (“Government money market funds”) and have in excess of $500 million in total portfolio value and a rating of Aaa by Moody’s and AAA by S&P. Investment in such funds shall not exceed ten percent (10%) of the City’s total portfolio.
8.1.6 Certificates of deposit (CDs) with fixed coupons and fixed maturity date that may not exceed five (5) years.
8.1.6.1 Insured deposits, time deposits not exceeding $250,000, shall be permitted only in those financial institutions that are active members of the Federal Deposit Insurance Corporation (FDIC) and also are a state or national bank, savings association, federal association, or credit union in the State of California. Total insured deposits may not exceed thirty percent (30%) of the City’s total portfolio.
8.1.6.2 Secured (collateralized) time deposits shall be permitted only in those financial institutions meeting the following criteria: (a) in good standing with the California State Collateral Pool; (b) are a state or national bank, savings association, federal association, or credit union in the State of California; (c) having a net operating profit in the two (2) most recently completed years; and (d) having long-term debt currently rated A- or higher by S&P or A-3 or higher by Moody’s; or having short-term debt rated at least A-1 by S&P or P-1 by Moody’s. Total secured time deposits may not exceed ten percent (10%) of the City’s total portfolio.
Per Government Code Section 53601(n), secured time deposits must be secured by a valid first priority security interest in securities of the types
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
7 listed by Section 53651 of the Government Code as eligible securities for the purpose of securing local agency deposits and which have a market value at least equal to the respective market values required for the applicable type of security required by Section 53652 of the Government Code for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the financial institution issuing the secured time deposit, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or other state or federal regulations applicable to the types of securities in which the security interest is granted.
8.1.6.3 Unsecured (negotiable) deposits (NCDs) shall be permitted only in those financial institutions meeting the criteria listed in Subsection
8.1.6.2 and which are also a nationally or state-chartered bank, a savings association or a federal association (as defined in Section 5102 of the Financial Code), a state or federal credit union, or a federally-licensed or state-licensed branch of a foreign bank, and, in addition, having total assets in excess of $1 billion. Total NCDs may not exceed thirty percent (30%) of the City’s total portfolio.
8.1.7 Local Agency Investment Funds (LAIF) administered by the State Treasurer’s Office.
8.1.8 Passbook accounts that are maintained solely to provide for ongoing operational needs should be subject to the requirements of this policy.
8.1.9 Municipal bonds issued by the City or any component unit of the City at limits and maturity as approved by the City Council.
8.1.10 Legal settlements. Any noncash financial instrument, promissory note or other form of indebtedness acquired by the City as part of a legal settlement.
8.2 Prohibited Investments. Investments not specifically delineated in Section 8.1 are prohibited. Prohibited investments include, but are not limited to:
8.2.1 Collateralized mortgage obligations, unless issued by a federal agency of the U.S.
Government or a United States government-sponsored enterprise and meeting the criteria set forth in Section 8.1.1 of this Investment Policy.
8.2.2 Repurchase agreements and reverse repurchase agreements.
8.2.3 Futures and options.
8.3 Securities may be sold at a loss in order to improve the risk or return characteristics of the portfolio, to prevent anticipated further erosion of principal or when trading for securities that result in an expected net economic gain to the City.
CITY OF COVINA
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2021-2022 (Continued)
8 If both Moody’s and S&P downgrade securities owned by the City to a level below the quality required by this Investment Policy, it shall be the City’s policy to sell such securities promptly.
9.0 INVESTMENT POLICY ADOPTION:
The City’s Investment Policy shall be adopted by resolution of the City Council of the City of Covina. The policy shall be reviewed each fiscal year, and any modifications thereto must be approved by the City Council.
10.0 CONFLICT OF INTEREST:
Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, (California Government Code Section 8100 et seq., and 2 Cal. Code of Regs. 18110 et seq., (the “PRA”)) and the provisions limiting contractual conflicts of interest under California Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any federal or State law, regulation, rule, or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses, and agents.
The provisions of the PRA shall continue to apply to require disclosure and disqualification by any City official or employee and shall apply to require disclosure of the same by any candidate for City office.
All persons, firms, dealers, brokers, and advisors providing investment service or bond issue assistance shall disclose to the City Manager and Administrative Services Director all fee sharing, fee-splitting, and commission arrangements with other entities or persons prior to the City agreeing to buy an investment, or issuing bonds.
ATTACHMENT I
CITY OF COVINA PERMITTED INVESTMENTS
1 City
Investment
Policy
Section
Authorized Investment
CA Govt.
Code
Section
53601
Paragraph
Maximum
Percentage of
City’s Total
Portfolio
Maximum
Maturity
Minimum
Quality Other
8.1.1 Securities Issued By the
US Gov’t, a federal
agency of the US Gov’t,
or a US Gov’t-sponsored
enterprise
(b) & (f) • No
Maximum
5 years from
date of
purchase
Must have fixed coupons, fixed maturity date and no-call provisions
Must be fully guaranteed as to payment by the U.S.
Government, a federal agency of the U.S. Government, or a U.S. government-sponsored enterprise; or include a pledge of the faith and credit of the United States for payment of principal and interest
8.1.2 Commercial Paper (h) 15% 180 days
from the
date of
purchase
“prime” quality
rated a
minimum of P1 (Moody’s) or
A-1 (S&P)
Must be issued by a special purpose corporation, trust, or limited liability company organized and operating in the United States with:
• assets in excess of $500 million
• Debt other than commercial paper, if any, that is rated “A” or higher by a nationally recognized statistical rating organization (NRSRO)
• Program-wide credit enhancements including, but not
limited to, overcollateralization, letters of credit, or a surety bond
City may not purchase more than 10% of the outstanding
commercial paper of any single issuer.
8.1.3 Banker’s Acceptance (g) 20% 180 days “prime” quality Must be eligible for purchase by the Federal Reserve system Must be issued by institutions the short-term obligations of which are rated a minimum P1 (Moody’s) or A1 (S&P)
8.1.4 Medium-term (or
corporate) notes issued by
corporations organized
and operating within the
US or by depository
institutions licensed by
the US or any state and
operating within the US
(k) 10% 2 years Must have fixed coupons, fixed maturity and no-call provisions.
Must be issued by institutions the long-term obligations of which are rated at least AA- (S&P) or Aa- (Moody’s)
Investments in medium-term notes issued by agencies of the Federal Gov’t are governed by Section 8.1.1 of City’s
Investment Policy
CITY OF COVINA PERMITTED INVESTMENTS
2 City
Investment
Policy
Section
Authorized Investment
CA Govt.
Code
Section
53601
Paragraph
Maximum
Percentage of
City’s Total
Portfolio
Maximum
Maturity
Minimum
Quality Other
8.1.5 Mutual funds that are
registered as money
market funds with the US
Securities and Exchange
Commission, invested in
US Govt securities, and
strive to maintain a price
of $1.00/share and have
in excess of $500 million
in total portfolio value
(l)(2)&(4) 10% Aaa (Moody’s)
and AAA
(S&P)
8.1.6.1 Certificates of Deposit
(CDs) with fixed coupons
and fixed maturity date –
Insured Deposits, time
deposits ≤ $250,000
CA Govt.
Code
§ 53630 et
seq
(53632(a),
53633,
53635.2 &
53653)
30% 5 years Financial institutions must be active members of FDIC.
Must also be a state or national bank, savings association, federal association, or credit union in the State of California.
8.1.6.2 Certificates of Deposit
(CDs) with fixed coupons
and fixed maturity date –
Secured (collateralized)
time deposits
(n)
CA Govt.
Code
§ 53630 et
seq
(53632(a),
53633,
53635.2,
53652 &
53656)
10% 5 years Financial institutions must (a) be in good standing with the California State Collateral Pool; (b) be a state or national bank, savings association, federal association, or credit union in the State of California; (c) having a net operating profit in the two (2) most recently completed years; and (d) have long-term debt currently rated A- or higher ( S&P) or A-3 or higher (Moody’s) or have short-term debt rated at least A-1 (S&P) or P-1 (Moody’s).
Per Government Code Section 53601(n), secured time deposits must be secured by a valid first priority security interest in securities of the types listed by Section 53651 of the
Government Code as eligible securities for the purpose of securing local agency deposits and which have a market value at least equal to the respective market values required for the applicable type of security required by Section 53652 of the Government Code for the purpose of securing local agency
CITY OF COVINA PERMITTED INVESTMENTS
3 City
Investment
Policy
Section
Authorized Investment
CA Govt.
Code
Section
53601
Paragraph
Maximum
Percentage of
City’s Total
Portfolio
Maximum
Maturity
Minimum
Quality Other
deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the financial institution issuing the secured time deposit, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or other state or federal regulations applicable to the types of securities in which the security interest is granted.
8.1.6.3 Certificates of Deposit
(CDs) with fixed coupons
and fixed maturity –
Unsecured (negotiable)
deposits (NCDs)
(i) 30% 5 years Financial institutions must (a) be in good standing with the California State Collateral Pool; and (b) having a net operating profit in the two (2) most recently completed years; and (c) have long-term debt currently rated A- or higher ( S&P) or A-3 or higher (Moody’s) or have short-term debt rated at least A-1 (S&P) or P-1 (Moody’s).
Must also be a nationally or state-chartered bank, a savings association or a federal association (as defined in Sec 5102 of the Financial Code), a state or federal credit union, or a federally-licensed or state-licensed branch of a foreign bank, and, in addition, having total assets in excess of $1 billion.
8.1.7 Local Agency Investment
Funds (LAIF)
administered by the State
Treasurer’s Office
CA Govt.
Code
§ 16429.1
et seq
As permitted by
LAIF
N/A N/A
8.1.8 Passbook accounts that
are maintained solely to
provide for ongoing
operational needs are
subject to the
requirements of this
policy
CA Govt.
Code
§ 53630 et
seq
CITY OF COVINA PERMITTED INVESTMENTS
4 City
Investment
Policy
Section
Authorized Investment
CA Govt.
Code
Section
53601
Paragraph
Maximum
Percentage of
City’s Total
Portfolio
Maximum
Maturity
Minimum
Quality Other
8.1.9 Municipal bonds issued
by the City or any
component unit of the
City at limits and maturity
as approved by the City
Council
(e)
8.1.10 Legal settlements – Any
noncash financial
instrument, promissory
note or other form of
indebtedness acquired by
the City as part of a legal
settlement
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting - Aug 16 2022
Title: Adopt Resolution Ordering the Annexation of Territories to City of Covina Landscape Maintenance District No. 1, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territories for FY 2022-23
Presented By: Andy Bullington, Director of Public Works Recommendation: 1. Conduct a public hearing and consider all testimony that may be forthcoming; and
2. Adopt Resolution CC 2022-88, Ordering the Annexation of Territories to City of Covina Landscape Maintenance District No. 1, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territories for FY 2022-23.
EXECUTIVE SUMMARY / BACKROUND:
On July 19, 2022, the City Council adopted Resolution CC 2022-81 initiating proceedings for annexation of territories (Tract No. 82874- Covina Bowl and Tract 83178 - Zest) to Covina Landscape Maintenance District No. 1 and the levy and collection of annual assessments, and adopted Resolution CC 2022-82 declaring the City’s intention to annex territories to Covina Landscape Maintenance District No. 1, to levy and collect annual assessments commencing in FY 2022-23, calling for a property owner protest proceeding, and appointing Tuesday, August 16, 2022, at 7:30 p.m. in the Council Chamber, 125 East College Street, Covina, California, as the time and place for hearing protests as to the question of levying such assessments on the Covina Landscape Maintenance District No. 1 for FY 2022-23.
The Covina Landscape Maintenance District No. 1 (hereafter referred to as “District”) was formed April 6, 1981 pursuant to the provisions of the California Streets and Highways Code, Division 15, Part 2, Landscaping and Lighting Act of 1972 (hereafter referred to as “1972 Act”), in order to provide and maintain public landscape improvements in specified areas within the City of Covina.
Each fiscal year, prior to making and collecting assessments within the District, the City Council must adopt resolutions directing the City’s Licensed Engineer to prepare and file a report regarding the proposed assessment for each Zone, approving the Engineer’s Report, and declaring the City Council’s intention to levy and collect assessments for the upcoming fiscal year. Additionally, before any assessments may be made, the City Council must also adopt a resolution establishing a noticed public hearing to hear any protests against the assessment and for the approval of the Engineer’s Report and adoption of a resolution ordering the levy of assessments for FY 2022-23.
In accordance with the 1972 Act, the District utilizes benefit zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to a zone, each of which is associated with specific improvements that provide special benefit to properties within the zone.
DISCUSSION:
As a condition of the City’s Subdivision Ordinance and a requirement for issuance of a permit for the construction of commercial, residential, and planned unit developments, developers are required to install median and parkway landscaping and appurtenant facilities along the public streets fronting the proposed development. These improvements generally include, but are not limited to, various landscape materials such as trees, turf, shrubs, vines, groundcover, and irrigation.
After installation, it is City policy that the servicing, operation, maintenance, repair, and replacement of landscaping and appurtenant facilities become the responsibility of the properties that specifically benefit from the facilities. The attached Engineer’s Report has been prepared in connection with the annexation of the parcels into the District and the resulting new assessment for the parcels within Zone 13 and Zone 14 established in the Report in connection with the annexation territories for FY 2022-23, pursuant to a resolution of the City Council.
The Report consists of five parts: Part I: Plans and Specifications, Park II: Method of Apportionment, Part III:
Estimate of Costs, Part IV: Boundary Diagram, and Part V: Assessment Roll.
Zone 13 - Tract No. 82874 - Covina Bowl
Covina Bowl generally located south of W. San Bernardino Road, north of W. Badillo Street and west of N.
Rimsdale Ave will develop out to a restaurant and one hundred thirty-two (132) condominiums currently identified by the Los Angeles County Assessor’s Office as parcels 8434-017-008, 8434-017-009, and 8434-018- 020 (parcel information will be updated when final map with condominiums. Improvements within this area will consist of twenty-five (25) trees and 7,757 square feet of irrigated landscaping.
Zone 14 – Tract 83178 - Zest
Zest generally located south of Kelby Park and west of Barranca Avenue will develop into one hundred fifty-one (151) townhomes and is currently identified by the Los Angeles County Assessor’s Office as parcel 8430-015- 018. Improvements within this area will consist of four (4) trees and 662 square feet of irrigated landscaping.
The City recommends that the rate of $53.14 per EBU be imposed for Zone 13 and $12.58 per EBU for Zone 14 for FY 2022-23, which will generate sufficient revenue to cover the projected FY 2022-23 expenses. The annexation territories budgets are on page 15 and 16 of the FY 2022-23 Annexation Engineer’s Report.
In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with the Engineer’s Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the FY 2022-23 maximum assessment (initial maximum assessment rate) for the Annexation Territories to increase by an amount equal to the lesser of: (1) three percent (3.0%) or (2) the annual percentage increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Los Angeles-RiversideOrange County Area (February of the given year from the previous February or similar time frame) in FY2023/24.
Table 1: Covina Landscape District No. 1, Zone 13– FY 2022-23 Summary Budget Item Zone 13
Proposed Assessments $7,550
General Fund Subsidy $798
Total Projected Revenue $8,348
Landscape Maintenance Expenses $6,579
Administration $1,769
Total Projected Expenses $8,348
Estimated Ending Fund Balance (Reserves) $2,086
Table 2: Covina Landscape District No. 1, Zone 14 – FY 2022-23 Summary Budget Item Zone 14
Proposed Assessments $1,898
General Fund Subsidy $0
Total Projected Revenue $1,898
Landscape Maintenance Expenses $1,572
Administration $326
Total Projected Expenses $1,898
Estimated Ending Fund Balance (Reserves) $466
Ballot Proceedings
As part of these proceedings, the City shall conduct a property owner protest ballot proceeding (“Ballot Proceeding”) for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIII D Section 4, and in accordance with the provisions of Government Code, Section 53753. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments, and written protests regarding the annexation, the resulting new Zone boundaries and Sub-Zones, and the new assessments described herein. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists as defined in Article XIII D of the California Constitution.
As specified by the California Constitution, Article XIII D Section 4(e):
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Zone 13 and/or Zone 14 assessments, further proceedings to annex the parcels within the District and implementation of the new Zones and new assessments shall be abandoned at this time.
If tabulation of the ballots indicate that majority protest does not exist for the proposed new assessments and the assessment range formula presented and described herein, the City Council, by resolution, may adopt this Report (as submitted or amended); approve the assessment diagram (Zone Boundary Diagram) contained herein; order the annexation of the parcels within the District and the improvements to be made; and confirm the new assessments as outlined in this Report.
FISCAL IMPACT:
The proposed Zone 13 and Zone 14 assessments are sufficient to cover operating expenses. Accordingly, the proposed action has no impact on the General Fund for Zone 14, and a slight impact as indicated in the budget in Zone 13 due to other benefiting property not a part of the annexation.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Resolution CC 2022-88
Attachment B - Engineer's Report
Respectfully submitted,
RESOLUTION CC 2022-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, ORDERING THE ANNEXATION OF TERRITORIES TO
CITY OF COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1,
CONFIRMING A DIAGRAM AND ASSESSMENT, ORDERING THE
IMPROVEMENTS, AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORIES FOR FISCAL YEAR
2022-2023 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND
ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention for the annexation of territories identified as Tract No. 82874 - Covina Bowl (Zone 13) and Tract 83178 - Zest, (Zone 14), hereinafter referred to as the “Annexation Territories”, into the Landscape Maintenance District No. 1 (hereinafter referred to as the “District”) and the levy and collection of assessments within the Annexation Territories for the 2022-23 fiscal year, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), to pay the costs and expenses for the ongoing maintenance, operation, and servicing of the landscape improvements and appurtenant facilities related thereto; and WHEREAS, the City Council caused to be prepared a written report (the “Engineer’s Report”) in accordance with the Act and Article XIII D of the California Constitution; and WHEREAS, it is estimated that the improvements to be installed and constructed within the Annexation Territories will be accepted and maintained by the City as part of the District for the full 2022-23 fiscal year; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Annexation Territories for the fiscal year commencing July 1, 2022, ending June 30, 2023 (FY 2022-23), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements determined to be of special benefit to the properties and the development of properties within the Annexation Territories, and all appurtenant facilities related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Protest Determination: Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer's Report, the annexation of territories to the District, and the levy and collection of the proposed assessment within such territories for FY 2022-23. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral and written statements, protests and communications made or filed by interested persons, and tabulated all ballots. The City Council
Resolution CC 2022-88 Page 2 of 4
hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution. All protests and objections to the annexation of territories to the District and the levy and collection of the proposed assessment against lots or parcels of property within the annexed territories for FY 2022-23 are hereby overruled by the City Council.
SECTION 2. Findings: Based upon its review of the facts presented, the City Council hereby finds and determines that:
a) The land within the Annexation Territories will receive special benefit from the operation, maintenance, and servicing of improvements to be provided by the City as part of the District.
b) The Annexation Territories includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the Annexation Territories has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with FY 2022-23.
d) Only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
SECTION 3. Improvements: The City Council hereby orders the proposed improvements to be made. Said improvements include, but are not limited to, the maintenance, operation, and incidental expenses related to the landscaped areas within the public right-of-ways or easements associated with the parcels of land within the Annexation Territories that may include, but are not limited to: street trees; turf; ground cover and shrubs; irrigation and electrical systems; monuments; hardscape improvements; and all necessary appurtenances and services connected with the public right-of-ways, public easements, and facilities designated, and to be maintained by the City in connection with the special benefit received by parcels of land within the Annexation Territories.
The cost of providing such improvements generally include, but are not limited to, all materials, equipment, utilities, labor, and incidental expenses including administrative expenses for the regular annual maintenance as authorized by the Act. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained for the Annexation Territories are on file in the Department of Public Works of the City of Covina and by reference these plans, and specifications are made part of this Resolution and the Engineer’s Report prepared in connection with these proceedings.
SECTION 4. Annexation Approval: The City Council hereby orders the annexation of territories to be known as “Tract No. 82874 - Covina Bowl and 83178 – Zest” to the District. The District will continue to be designated as City of Covina Landscape Maintenance District No. 1, the boundaries of which shall be contained in the assessment diagram for the District, the establishment of the maximum assessment rate and assessment range formula connected therewith; and the assessments for the fiscal year commencing July 1, 2022, ending June 30, 2023.
Resolution CC 2022-88 Page 3 of 4
SECTION 5. Confirmation of Diagram and Assessment: The City Council hereby confirms the diagram and assessment, with respect to the annexed parcels, as originally proposed in the Engineer's Report. The assessment is in compliance with the provisions of the Act and Article XIII D of the California Constitution. The assessment is levied without regard to property valuation. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 3 above for the fiscal year commencing on July 1, 2022, ending June 30, 2023.
SECTION 6. Levy of Assessment: The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2022, ending June 30, 2023.
SECTION 7. Collection of Assessments: The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the Engineer’s Report for the Annexation Territories as Zone 13 and Zone 14 of the District, and such levies shall be submitted to the County Auditor along with the other assessments for the District and collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
SECTION 8. Deposit of Funds: The City Treasurer shall deposit all money representing assessments collected by the County for the Annexation Territories to the credit of a fund for Zone 13 and Zone 14 of the District, and such money shall be expended only for the maintenance, operation, and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of the parcels within Zone 13 and Zone 14 to the District, the adoption and confirmation of the Annexation Territories Assessment Diagram, and the establishment of the maximum assessment rates, assessment range formula, and the assessments for FY 2022-23 as contained in the Engineer’s Report.
APPROVED AND PASSED this 16th day of August, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Deputy City Clerk
Resolution CC 2022-88 Page 4 of 4
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-88 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of August, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_______________________________________
FABIAN VELEZ, Deputy City Clerk
City of Covina
Landscape Maintenance
District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
Zone 13 and 14
Commencing Fiscal Year 2022/2023
Intent Meeting: July 19, 2022
Public Hearing: August 16, 2022
Updated: July 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com/financial
ATTACTMENT B
ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Covina
Landscape Maintenance District No. 1
Annexation of Territories and Improvements; and,
Establishment of Zones 13 and 14
Commencing in Fiscal Year 2022/2023
City of Covina,
Los Angeles County, State of California
As part of the Resolution of Intention packet presented for the consideration of the Covina City Council, this Report and the enclosed budget, diagram, and description outline specific proposed changes to the Landscape Maintenance District No. 1 (LMD No. 1) for fiscal year 2022/2023 , including the annexation of territories to the District; the expansion of the improvements to be maintained within the District, and the proposed annual assessments for all parcels within the Annexation Territories commencing in Fiscal Year 2022/2023 . Reference is hereby made to the Los Angeles County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within LMD No.1, Zones 13 and 14 annexation territories known as Tract No. 82874 (Covina Bowl) and Tract No. 83178 (Zest) that will be subject to the proposed annual assessment.
The undersigned respectfully submits the enclosed Report as directed by the City Council.
By: ________________________________
Stacee Reynolds
Senior Project Manager
By: ________________________________
Tyrone Peter
R. C. E. # C81888
Dated this ____________ day of ______________, 2022.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Covina
ATTACTMENT B
Table of Contents
INTRODUCTION.......................................................................................................................................1 LANDSCAPE MAINTENANCE DISTRICT NO. 1.....................................................................................1 ANNEXATION TERRITORIES .................................................................................................................2 PROCEEDINGS AND REPORT CONTENT.............................................................................................2 Ballot Proceedings ................................................................................................................................ 3 Report Content......................................................................................................................................4 PART I — PLANS AND SPECIFICATIONS .................................................................................................6 DESCRIPTION OF THE DISTRICT ..........................................................................................................6 ZONES AND IMPROVEMENTS EXISTING DISTRICT............................................................................7 Zone 1...................................................................................................................................................7 Zone 2...................................................................................................................................................7 Zone 4...................................................................................................................................................7 Zone 5...................................................................................................................................................7 Zone 6...................................................................................................................................................8 Zone 7...................................................................................................................................................8 Zone 8...................................................................................................................................................8 Zone 9...................................................................................................................................................8 Zone 10.................................................................................................................................................8 Zone 11.................................................................................................................................................8 Zone 12.................................................................................................................................................8 ZONES AND IMPROVEMENTS ANNEXATION TERRITORIES FISCAL YEAR 2022/2023 ...................9 Zone 13.................................................................................................................................................9 Zone 14.................................................................................................................................................9 PART II — METHOD OF APPORTIONMENT............................................................................................. 10 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ...................................................................... 10 BENEFIT ANALYSIS.............................................................................................................................. 10 Landscaping Special Benefit............................................................................................................... 10 Landscaping General Benefit.............................................................................................................. 11 ASSESSMENT METHODOLOGY .......................................................................................................... 11 PART III — ESTIMATE OF COSTS............................................................................................................ 14 PROPOSED BUDGETS AND ASSESSMENTS..................................................................................... 14 Annexation Territories Budget Fiscal Year 2022/2023........................................................................ 15 Annual Inflationary Adjustment (Assessment Range Formula)........................................................... 17 PART IV — BOUNDARY DIAGRAM.......................................................................................................... 18 PART V — ASSESSMENT ROLL............................................................................................................... 22
ATTACTMENT B
Introduction
The City of Covina(“City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) established the assessment district designated as:
LANDSCAPE MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as “LMD” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Covina (“City”), proposes to annex territories established as Zones 13 and 14, expand the improvements to be provided and maintained within the LMD, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territories in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscaping, parks and appurtenant facilities that provide special benefits to those properties commencing in Fiscal Year 2022/2023 As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Report shall serve as the detailed engineer’s report for the annexation of territories to Landscape Maintenance District No. 1, for Zones 13 and 14 (hereafter referred to as the, “Annexation Territories”) and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territories in connection with the special benefits each property receives from the maintenance and servicing of the improvements to be provided by the City through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the landscape improvements, and appurtenant facilities and amenities that benefit the identified properties within the Annexation Territories. The Annexation Territories as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territories will be assessed for their proportionate special benefit of the shared landscape improvements and appurtenant facilities.
The City Council of the City of Covina adopted its General Plan with various elements to provide guidelines for orderly development of property within the City. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.
The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenities such as benches, picnic facilities, play structures; signage, and related appurtenances.
The installation of landscaping and appurtenant facilities is the responsibility of the sub-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development application. After installation, it is City policy that the servicing, operation, maintenance, repair and replacement of landscaping and appurtenant facilities in turn become the financial responsibility of the properties that specially benefit from the facilities.
ATTACTMENT B
In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to a Zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone.
ANNEXATION TERRITORIES
The Annexation Territories consists of all lots and parcels of land within the planned developments identified as Tract No. 82874 (Covina Bowl) and Tract No. 83178 (Zest). Tract No 82874 (Covina Bowl) will be mix use property with a commercial and residential units (1 Restaurant and 132 condominiums) designated as Zone 13, and Tract No. 83178 (Zest) will be designated as Zone 14 which will develop out to 151 residential units (44 flex townhomes and 107 townhome/flats). These annexation areas will pay the special benefit costs associated with the ongoing annual maintenance of the improvements in the designated Zone.
This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed engineer’s report regarding the annexation of the designated Annexation Territories (Tract No. 82874-Covina Bowl and Tract No. 83178-Zest) into the Covina Landscape Maintenance District No 1 and the proposed assessments to be levied on the properties therein commencing in Fiscal Year 2022/2023 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territories.
The City Council proposes to annex the Annexation Territories into the District as Zones 13 and 14, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territories. The improvements described in this Report for the Annexation Territories are based on the initial improvement and development plans for Assessor Parcel Numbers 8430-015-018, 8434-017- 008 thru 009 and 8434-018-020 and by reference those plans, and specifications are made part of this Report.
The estimated budget provided herein is based on the City’s estimate of the Annexation Territories expenses for local improvements and services in the Annexation Territories. The resulting annual assessments are calculated utilizing the method of apportionment established under Part II Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Los Angeles County Assessor’s Office. The Los Angeles 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.
PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of territories, the establishment of Zones, the resulting Zone boundary, the various improvements within the Zone, and the proposed assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territories will provide a source of funding for the continued operation, maintenance and servicing of the landscaping and appurtenant facilities (collectively
ATTACTMENT B
referred to as improvements) to be provided by the District for the special benefit of properties within the Zones.
The District assessments as described herein are based on the City’s estimate of the costs to maintain, operate and service the improvements. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the Annexation Territories may include, but are not limited to 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 funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each Zone are allocated to the benefiting properties within that Zone using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. Thus, each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit.
Ballot Proceedings
As part of these proceedings, the City shall conduct a property owner protest ballot proceeding (“Ballot Proceeding”) for the proposed levy of an assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4, and in accordance with the provisions of Government Code, Section 53753. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the annexation, the resulting Zone boundaries and Sub-Zones, and the assessments described herein. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution.
As specified by the California Constitution, Article XIIID Section 4e:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Zones 13 and 14 assessments, further proceedings to annex the parcels within the District and implementation of the Zones and assessments shall be abandoned.
If tabulation of the ballots indicate that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Zone Boundary Diagram) contained herein; order the annexation of the parcels within LMD and the improvements to be made; and confirm the assessments as outlined in this Report.
The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2022/2023 together with the assessments for other properties in the District. For fiscal year 2022/2023 and each subsequent fiscal year, an engineer’s annual levy report for the District shall be prepared and presented to the City Council to address any proposed changes to the District, including Zones 13 and 14, as well as any proposed changes to the improvements, budgets and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.
ATTACTMENT B
If in any fiscal year, the proposed annual assessments for parcels with the District exceed the maximum assessments described herein, such an assessment would be considered an increased assessment and must be confirmed through a mailed property owner protest ballot proceeding for the affected parcels before that or increased assessment may be imposed.
Report Content
This Report has been prepared in connection with the annexation of an individual parcel into the LMD and the resulting assessment for the parcel within Zones 13 and 14 established herein in connection with the annexation of territories for Fiscal Year 2022/2023, pursuant to a resolution of the City Council and consists of five (5) parts:
Part I — Plans and Specifications
Contains a general description of the District and zones of benefit (“Zones”), and specifically addresses the improvements and services that provide special benefits to the parcels within the Annexation Territories which include, but is not limited to local landscaping, and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions of the improvements a visual depiction of the improvements is provided in the Zone Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territories are on file in the Public Works Department of the City of Covina and by reference are made part of this Report.
Part II — Method of Apportionment
Outlines the special and general benefits associated with the improvements to be provided within the Annexation Territories, and the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received.
Part III — Estimate of Costs
Identifies the estimated annual funding costs (Budget) required for the maintenance and operation of the improvements including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. This budget establishes the maximum assessments to be approved by the property owner(s) of record within the Annexation Territories as part of the Ballot Proceeding.
This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
ATTACTMENT B
Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territories. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V – Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation Territories.
Part V — Assessment Roll
A listing of the proposed assessment amounts for parcel within the Annexation Territories. The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount for each parcel within Zones 13 and 14 commencing in fiscal year 2022/2023 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment”, and calculated assessment rate established by the budget in “Part III —Estimate of Costs”. The assessment amount identified as the “FY 2022/2023 Estimated Assessment” represent the anticipated assessment amounts to be levied and collected on the County Tax Rolls for Fiscal Year 2022/2023. The actual assessment amounts to be levied and collected for Fiscal Year 2022/2023 shall be finalized, approved and adopted by the City Council together with the assessments for other properties in the District as part of the annual assessment process for Fiscal Year 2022/2023.
If any section, subsection, sentence, clause, phrase, portion, or zone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones might subsequently be declared invalid or unconstitutional.
ATTACTMENT B
Part I — Plans and Specifications
DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territories is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of local landscaping, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Covina for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within those Zones. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and path surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.
Improvements provided within the District may include but are not limited to:
➢ Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side-panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective Zone. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, block walls, retaining walls, or other fencing; • hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems; repair or replacement of hardscape improvements and recreational amenities. The City Public Works Department shall authorize and schedule such maintenance and servicing as need and based on available Zone funding.
ATTACTMENT B
ZONES AND IMPROVEMENTS EXISTING DISTRICT
In accordance with the 1972 Act, the District utilizes Zones and/or Sub-Zones (collectively referred to as Zones) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements.
As of Fiscal Year, 2021/2022 the District was comprised of the following Zones and developments:
Zone 1
Generally located in the southeast region of the City, south of Covina Hills Road; north of Holt Avenue and the San Bernardino Freeway, and east of Grand Avenue. The Zone was established in April 1981 and the annual assessments provide for the maintenance of landscaping in Parque Xalapa, Forest Hills Drive and Covina Hills Road Slope and Oak Tree Park. A private contractor hired by the City maintains the landscape improvements within this Zone (pre-prop 218).
Zone 2
Generally located in the north-central region of the City, south of Arrow Highway, north of Cienega and west of Grand Avenue. The Zone was established in April 1981 and the annual assessments for this Zone provide for the maintenance of landscaping at the entrances to Arrow Grand Circle off Arrow Highway and the north side of Cienega Street between Grand Avenue and Barranca Avenue that is adjacent to the properties within the Zone. A private contractor hired by the City maintains the landscape improvements within this Zone (preprop 218).
Zone 4
Currently comprised of four (4) residential developments (single-family and condominiums) generally located south of Arrow Highway, north of Puente Street along the Azusa Avenue corridor. These four residential developments are inclusive of Tract 15506, Tract 14394, Tract 18642, Tract 33882 and Tract 34224. The annual assessments for Zone 4 provide for the maintenance of street landscaping (including street tree maintenance) associated with the properties as well as a portion of the maintenance costs of Azusa Avenue landscaping (15% of the costs). A private contractor hired by the City maintains the landscape improvements within this Zone (pre-prop 218).
Zone 5
Comprised of the commercial/industrial properties generally located south of Arrow Highway, north of Badillo Street along the Azusa Avenue corridor. The annual assessments for Zone 5 provide for the maintenance of street landscaping (including street tree maintenance) specifically associated with these properties including 85% of the maintenance costs of Azusa Avenue landscaping. A private contractor hired by the City maintains the landscape improvements within this Zone (pre-prop 218).
ATTACTMENT B
Zone 6
Tract 73455, Dalton Place is comprised of sixty-three (63) residential properties, generally located south of E. Cypress Street, west of N. Kidder Avenue and east of N. Banna Avenue. Improvements within this area consist of approximately 6,143 square feet of parkway landscaping and 23 local street trees. A private contractor hires by the City maintains the landscape improvements within this Zone.
Zone 7
Tract No. 74512-1 generally located east of Citrus Avenue and west of Fairvale Avenue will develop one hundred seventeen (117) townhomes and is identified by the Los Angeles County Assessor’s Office as parcels 8406-019-019 and 8406-019-020. Improvements within this area will consist of median and parkway landscaping along Citrus Avenue.
Zone 8
Parcel Map No. 72690 generally located south of Dexter Street and east of 4th Avenue will develop three (3) townhomes and is identified by the Los Angeles County Assessor’s Office as parcel 8444-010-011.
Improvements within this area will consist of three (3) street trees.
Zone 9
Parcel Map No. 73595 generally located south of E. Ruddock Street, west of Reeder Avenue and north of E.
Badillo Street will subdivide to a four (4) lot residential subdivision and is identified by the Los Angeles County Assessor’s Office as parcel 8427-022-031. Improvements within this area will consist of four (4) street trees.
Zone 10
Tract No. 72116 generally located south of W. San Bernardino Road, west of N. Citrus Avenue and north of W. Orange Street will develop fifty-two (52) townhomes, four (4) live/work lofts and three (3) office/retail units on three lots is identified by the Los Angeles County Assessor’s Office as parcels 8431-028-004, 005, 007, 008, 017, 018, 021, 022, 025, 026, 027, 028 and 029. Improvements within this area will consist of Thirtyone (31) street trees.
Zone 11
Tract No. 73660 generally located west of N. Citrus Avenue and north of W. Orange Street will develop to eight (8) condo units and is identified by the Los Angeles County Assessor’s Office as parcels 8431-028-030 and 031. Improvements within this area will consist of two (2) street trees.
Zone 12
401 N. Citrus (Tract 1224, Lot 6) generally located west of N. Citrus Avenue and north of W. Orange Street will develop into two (2) commercial buildings and is identified by the Los Angeles County Assessor’s Office as parcel 8431-028-006. Improvements within this area will consist of six (6) street trees.
ATTACTMENT B
ZONES AND IMPROVEMENTS ANNEXATION TERRITORIES FISCAL YEAR 2022/2023 Zone 13
Tract No. 82874 - Covina Bowl generally located south of W. San Bernardino Road, north of W. Badillo Street and west of N. Rimsdale Ave will develop out to a restaurant and one hundred thirty-two (132) condominiums currently identified by the Los Angeles County Assessor’s Office as parcels 8434-017-008, 8434-017-009, and 8434-018-020 (parcel information will be updated when final map with condominiums. Improvements within this area will consist of twenty-five (25) trees and 7,757 square feet of irrigated landscaping.
Zone 14
Tract 83178- Zest generally located south of Kelby Park and west of Barranca Avenue will develop into one hundred fifty-one (151) townhomes and is currently identified by the Los Angeles County Assessor’s Office as parcel 8430-015-018. Improvements within this area will consist of four (4) trees and 662 square feet of irrigated landscaping.
ATTACTMENT B
Part II — Method of Apportionment
LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation Territories based on proportional special benefit, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties within the Annexation Territories are assessed, are identified as local landscaping, and related amenities that were either installed in direct connection with the development of properties to be included within designated Zones 13 and 14 or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Zones herein reflect the composition of parcels within the Annexation Territories, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.
In addition to the provisions of the 1972 Act, Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:
Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
BENEFIT ANALYSIS
Landscaping Special Benefit
The ongoing maintenance of landscaped areas within the District (specifically Zones 13 and 14 as addressed in this Report), provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work. The primary function of these landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within each respective Zone. These
ATTACTMENT B
landscape improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of the improvements may in part be visible to properties outside the Zones, collectively if these Zone improvements are not properly maintained, it is the parcels within the Zones (as may be applicable) that would be aesthetically burdened. Additionally, the street landscaping in these Zones serve as a pleasant aesthetic amenity that enhances the approach to the parcels. In some District zones, such as Zones 13 and 14, the landscaped areas may include green space areas (neighborhood parks, greenbelts, open space and/or trails) that may provide a physical buffer between properties, overall open space within a development, and/or recreational areas and that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards. As a result, the maintenance of these landscaped improvements and the related amenities provide particular and distinct benefits to the properties and developments associated with those improvements within each Zone.
Landscaping General Benefit
Based on the parameters of special benefit as outlined by the Constitution, general benefit may be described as an overall and similar benefit to the public in general resulting from the improvements, activity or service to be provided for which an assessment is levied. Although Zones 13 and 14 improvements are located on public streets that are visible to the general public, it is clear that the ongoing maintenance of these improvements are only necessary for the appearance, safety and advantage of the properties within the Zone and are not required nor necessarily desired by any properties outside the Zone. Inasmuch as the improvements and the services to be provided are specific to the development and properties within the Zone and these improvements and services do not extend beyond the Zone’s boundaries, any access or proximity to these improvements by other nearby properties or developments would be considered incidental and the potential general benefits to the public at large are considered intangible.
ASSESSMENT METHODOLOGY
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.
For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments. Thus, the "benchmark" property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit. Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.
The Existing District’s Method of Apportionment utilizes commonly accepted assessment-engineering practices and were established pursuant to the 1972 Act and the provisions of the Constitution. The method
ATTACTMENT B
outlined for each Zone is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of properties within each Zone is enhanced by the presence of well-maintained landscaping in close proximity to those properties.
The costs associated with the improvements within each Zone are equitably spread among the benefiting parcels within the Zone and the funds collected shall be dispersed and used for only the improvements and services provided by the District.
Identifiers for each Zone designations are identified below:
Zones 1, 2, 5 and 12
Balance to Levy / Total Number of 1,000 sq. ft. (Lot size) = Levy per 1,000 sq. ft.
Converted to Equivalent Benefit Units (“EBU”)
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Zone 4, 6, 7, 8, 9 and 11
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Zone 10
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Commercial
Balance to Levy / Total Number of 1,000 sq. ft. (Lot Size) = Levy per 1,000 sq. ft.
Converted to EBU
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Live/Work
Each residential unit is assessed one (1) Equivalent Benefit Unit (EBU), and each commercial parcel is assessed at a rate per square foot. The 4 live-work units are assessed 1 EBU per residential unit plus 1,000 square feet per levy for non-residential use. It is anticipated that the typical live-work unit will be 5,453.50 SF (square feet) with 70% of the area assigned to non-residential use, which equals 3,809.75 SF.
ATTACTMENT B
Balance to Levy / Total Number of Units (Levy Units) plus Levy per Acre Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
New Annexation Territories
Zone 13
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Commercial
Balance to Levy / Total Number of 1,000 sq. ft. (Lot Size) = Levy per 1,000 sq. ft.
Converted to EBU
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Zone 14
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
The levy amount for each parcel is then calculated by multiplying the Zone Assessment Rate by assigned EBU on each parcel:
Assessment Rate x Parcel’s EBU = Parcel Levy Amount
ATTACTMENT B
Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.
The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Annexation Territories is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
PROPOSED BUDGETS AND ASSESSMENTS
The budgets and assessments outlined on the following page for the Annexation Territories for designated Zones 13 and 14 are based on the national standards and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.
This budget represents an estimate of the special benefit expenses anticipated to be collected for Fiscal Year 2022/2023 at the time this Report was prepared and establishes the maximum assessment rates to be balloted and approved by the property owner(s) of record within the Annexation Territories as part of the Ballot Proceeding.
ATTACTMENT B
Annexation Territories Budget Fiscal Year 2022/2023
BUDGET ITEM Zone 13 Budget
Landscape Maintenance and Appurtenant Facilities $2,375 Landscape Utilities (Water/Electricity) 1,407
Tree Trimming 390
Maintenance & Street Infrastructure 0
Rehabilitation & Replacement 195
Operation Reserves 2,086
Professional Services 125
Total Annual Landscape Maintenance Expenses $6,579
Administration Overhead $1,656
County Administration Fee 88
Legal Notices 25
Total Administration $1,769
$8,348
General Benefit (contribution) $798
General Fund (Contribution) 0
$798
$7,549
Current Parcel Count 5
Total Parcels at Built -Out 133
Parcels Levied at Built Out 133
Total EBUs 142.06
Proposed Maximum Assessment per EBU $53.14
Proposed Assessment for FY 2022/2023 $53.14
BALANCE TO LEVY
DISTRICT STATISTICS
ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Administration
Total Costs & Expenses
LEVY ADJUSTMENTS
Total Levy Adjustments
Note: The budget has been rounded to the nearest dollar.
ATTACTMENT B
BUDGET ITEM Zone 14 Budget
Landscape Maintenance and Appurtenant Facilities $500
Landscape Utilities (Water/Electricity) 120
Tree Trimming 312
Maintenance & Street Infrastructure 0
Rehabilitation & Replacement 41
Operation Reserves 466
Professional Services 133
Total Annual Landscape Maintenance Expenses $1,572
Administration Overhead $175
County Administration Fee 51
Legal Notices 100
Total Administration $326
$1,898
General Benefit (contribution) $0
General Fund (Contribution) 0
$0
$1,898
Current Parcel Count 1
Total Parcels at Built -Out 151
Parcels Levied at Built Out 151
Total EBUs 151.00
Proposed Maximum Assessment per EBU $12.58
Proposed Assessment for FY 2022/2023 $12.58
BALANCE TO LEVY
DISTRICT STATISTICS
ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Administration
Total Costs & Expenses
LEVY ADJUSTMENTS
Total Levy Adjustments Page 27 of 33
ATTACTMENT B
Annual Inflationary Adjustment (Assessment Range Formula) It is recognized that the cost of providing for the improvements described in Part I – Plans and Specifications of this Report will inevitably increase over time as a result of inflation and that any “new or increased assessments” require certain noticing and balloting requirements pursuant to Article XIIID of the California Constitution (Proposition 218). However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which 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 of a or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.
In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with this Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2022/2023 maximum assessments (initial maximum assessment rate) established herein for the Annexation Territories to increase by an amount equal to the lesser of: (1) three percent (3.0%), or (2) the annual percentage increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Los Angeles-Long Beach-Anaheim Areas (February of the given year from the previous February or similar time frame).
The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rates. Although the maximum assessment rates that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection.
If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.
The Assessment Range Formula shall be applied to the maximum assessment rates for the Annexation Territories Zones 13 and 14 commencing in fiscal year 2023/2024 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.
ATTACTMENT B
Part IV — Boundary Diagram
The Fiscal Year 2022/2023 District Diagrams on the following pages show the boundaries of the Covina Landscape Maintenance District No. 1 including Zones 13 and 14 and a separate diagram for Zones 13 and
14.
ATTACTMENT B
ATTACTMENT B Page 30 of 33
ATTACTMENT B Page 31 of 33
ATTACTMENT B Page 32 of 33
Part V — Assessment Roll
Parcel identification for each lot or parcel within the Annexation Territories shall be the parcels 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.
The following is the lot and parcel of land (parcel) within the Annexation Territories and the corresponding maximum assessments being set for Fiscal Year 2022/2023.
Note: Residential (Res) receive 1 EBU per Unit, Commercial (Com) receive 1,000 per square feet per lot size to determine EBU The following is the lot and parcel of land (parcel) within the Annexation Territories and the corresponding proposed assessments to be levied and collected for Fiscal Year 2022/2023 as determined by the assessment rate and method of apportionment described herein:
Note: Residential (Res) receive 1 EBU per Unit, Commercial (Com) receive 1,000 per square feet per lot size to determine EBU APN Zone Owner Area Land Use Square
Feet EBU
Maximum Rate
Per Assessment
Unit 2022/2023
Maximum
Assessment
2022/2023
8434-017-008 13 TH COVINA BOWL LLC Tract 82874Res/Com 24,394 14.68 $53.14 $780.10 8434-017-009 13 TH COVINA BOWL LLC Tract 82874Res/Com 25,091 15.10 $53.14 $802.41 8434-018-020 13 TH COVINA BOWL LLC Tract 82874Res/Com 186,567 112.28 $53.14 $5,966.56 8430-015-018 14 TH BARRANCA LLC Tract 83178Res 258,049 151.00 $12.58 $1,899.58 APN Zone Owner Area Land Use Square
Feet EBU
Assessment Rate
Per Benefit Unit
2022/2023
Assessment
2022/2023
8434-017-008 13 TH COVINA BOWL LLC Tract 82874Res/Com 24,394 14.68 $53.14 $780.10 8434-017-009 13 TH COVINA BOWL LLC Tract 82874Res/Com 25,091 15.10 $53.14 $802.41 8434-018-020 13 TH COVINA BOWL LLC Tract 82874Res/Com 186,567 112.28 $53.14 $5,966.56 8430-015-018 14 TH BARRANCA LLC Tract 83178Res 258,049 151.00 $12.58 $1,899.58
ATTACTMENT B
CC Special Meeting
AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: CC Regular Meeting - Aug 16 2022
Title: Public Hearing for the Expenditure of the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG)
Presented By: David Povero, Chief of Police
Recommendation: Hold the public hearing and receive and file proposed program for expenditure of 2022 Edward Byrne Memorial Justice Assistance Grant (JAG).
EXECUTIVE SUMMARY / BACKROUND:
Notification was received from the Department of Justice, Office of Justice Programs Bureau of Justice Assistance, that the Covina Police Department is eligible to receive $13,062 from the JAG program, FY 2022.
This figure is based on population and crime statistics.
DISCUSSION:
Previous JAG allocations have been used to fund the part-time Community Services Officer (CSO) position assigned to manage the Youth Accountability Board (YAB). The 2020 and 2021 JAG grant allocations are currently being used for this activity. Previous allocations of JAG grants have all been used to support this program and this newest appropriation of JAG 2022 ($13,062) will do the same but as part of a larger endeavor.
The tasks that the CSO performs will now include include Preventive Juvenile Diversion, Victims advocacy, and neighborhood watch /Crime Prevention.
The CSO will continue to work alongside educators and school resource officers to identify troubled students.
The CSO will meet with the students, their family members, and school staff to provide resources, counseling, and assistance to deal with problems and divert students away from the criminal justice system.
In addition, the CSO will work alongside investigators to identify victims of domestic violence, sexual abuse, and other significant crimes. The CSO will reach out to victims to inform them of resources and coordinate assistance.
The CSO will also coordinate and communicate with neighborhood watch groups by scheduling meetings, connecting citizens with resources, and participating in community events.
Lastly, the CSO will maintain statistical data and records on the above programs.
FISCAL IMPACT:
Upon receipt of the final notification that the award has been received, staff will bring back before the Council a resolution to increase the Police Department's revenue and expenditure budget under fund 2271 by $13,062 which is the award amount. There is no additional appropriation needed from the General Fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Aug 16 2022
Title: Approval of Second Amendment to City Manager Employment Agreement Between the City of Covina and Christopher Marcarello
Presented By: Candice K. Lee, City Attorney
Anita Agramonte, Administrative Services Director
Suzanne Stone, Human Resources Manager
Recommendation: Approve the Second Amendment to City Manager Employment Agreement between the City of Covina and Christopher Marcarello
EXECUTIVE SUMMARY:
The City Council directed the City Attorney's office to prepare an agenda item to provide the City Council an opportunity to consider proposed amendments to the City Manager's Employment Agreement ("Employment Agreement") recommended by ad hoc committee members. As such, the City Attorney's office has prepared a draft Second Amendment to the City Manager Employment Agreement ("Second Amendment") for the City Council's consideration.
BACKGROUND:
On March 17, 2020, the City Council executed an employment agreement ("Employment Agreement") between the City of Covina and Christopher Marcarello for the City Manager position. The Employment Agreement provides for annual evaluations of the City Manager's performance.
On July 20, 2021, the City Council approved the First Amendment to the Employment Agreement.
On August 9, 2022, the City Council completed its annual evaluation of Mr. Marcarello's performance as City Manager. At the conclusion of the evaluation, the City Council directed the City Attorney to prepare a draft contract amendment, the terms of which were negotiated by and are recommended by ad hoc committee members (Mayor Patricia Cortez and Councilmember Victor Linares). Mr. Marcarello agrees to the terms of the proposed Second Amendment, subject to approval of the City Council.
DISCUSSION:
The attached draft Second Amendment makes four changes to the Employment Agreement:
1) Amends Section 5, entitled “Salary” to increase annual base salary by three percent (3%) to Two Hundred Thirty-One Thousand Seven Hundred and Fifty Dollars ($231,750). 2) Amends Section 8 entitled “Leaves,” to provide a one-time allotment of one hundred (100) hours of vacation leave during Fiscal Year 2022-23.
3) Amends Section 9 entitled “Miscellaneous Benefits and Insurances,” to provide that if Mr. Marcarello opts out of the City' s CalPERS medical plan and provides adequate proof of health insurance, he shall be entitled to receive unused monthly flexible benefit contribution allowance as taxable income or deferred compensation, to the extent legally permissible.
4) Amends Section 14 entitled “Severance Compensation in the Event Marcarello is Removed as City Manager without Cause,” to increase severance compensation to twelve (12) months should the City Manager be removed without cause and to increase severance compensation by one month for every full year of service, for a not-to-exceed maximum of 15 months.
FISCAL IMPACT:
The annualized costs of salary and benefits for this position are included in the City’s Fiscal Year 2022-23 budget, which was approved by City Council on May 17, 2022. Any additional funding necessary will be addressed during the mid-year budget process.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
N/A
ATTACHMENTS:
Attachment A - Second Amendment to Chris Marcarello City Manager Agreement Respectfully submitted,
1 12923/0001/2698957-3
SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF COVINA AND CHRISTOPHER MARCARELLO
The Employment Agreement (“Agreement”) by and between the City of Covina, a California Municipal Corporation (“City”) and Christopher Marcarello, an individual (“Marcarello”) made and entered into on March 17, 2020 is hereby amended as provided in this Second Amendment (“Second Amendment”). This Second Amendment is effective as of July 1, 2022. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Second Amendment is made with respect to the following facts and purposes:
a. On March 17, 2020, the City and Marcarello entered into that certain Employment Agreement (“Agreement”).
b. The City and Marcarello executed a First Amendment to the Agreement, effective June 7, 2021, to amend Sections 5, 8 and 14 of the Agreement regarding salary, leaves, and severance compensation.
c. The parties now desire to further amend Sections 5, 8, 9 and 14 of the Agreement regarding salary, leave, miscellaneous benefits and severance compensation.
1. Subsection A of Section 5 of the Agreement entitled “Salary” is hereby amended to read as follows:
“A. City agrees to pay Marcarello for services rendered, beginning with an annual base salary of Two Hundred Thirty-One Thousand Seven Hundred and Fifty Dollars ($231,750). Said amount shall be payable at the same time and in the same manner as other employees of the City are paid. Beginning with Fiscal Year 2023-24, Marcarello's base salary shall be adjusted upward at the same percentage rates for salary increases for Executive Staff as outlined in Section 3.1 (Base Salary Ranges) of the 2021 Executive Compensation Rules, including any revisions thereto, or successor rules which may be adopted from time to time by the City Council and at any time in the sole discretion of the City Council as delineated in paragraph B of this Section 5.”
2. Section 8 of the Agreement entitled “Leaves” is hereby amended to read as follows:
“8. Leaves:
Marcarello shall receive vacation, holiday, and sick leave according to the terms of the 2021 Executive Compensation Rules, including any revisions thereto, or successor rules which may be adopted from time to time by the City Council. Marcarello shall continue to accrue vacation leave at the level of Employees with six (6) to ten (10) years of service.
In addition, during Fiscal Year 2022-23 only, Marcarello shall receive an additional onetime allotment of one hundred (100) hours vacation leave.”
2 12923/0001/2698957-3
3. Section 9 of the Agreement entitled “Miscellaneous Benefits and Insurances” is hereby amended to read as follows:
“9. Miscellaneous Benefits and Insurances:
In addition to the compensation and benefits set forth herein, Marcarello shall be entitled to all other non-salary benefits and insurance set forth in the 2021 Executive Compensation Rules, including any revisions thereto, or successor rules which may be adopted from time to time by the City Council, unless any such benefits and/or insurances are or become prohibited by law. Should Marcarello opt out of the City' s CalPERS medical plan and provide proof of and sign an attestation that he has minimum essential health insurance coverage, he shall be entitled to receive the full unused monthly flexible benefit contribution allowance as taxable income or deferred compensation, to the extent legally permissible.”
4. Section 14 of the Agreement entitled “Severance Compensation in the Event Marcarello is Removed as City Manager without Cause” is hereby amended to read as follows:
“14. Severance Compensation in the Event Marcarello is Removed as City Manager without Cause:
The City Council may terminate Marcarello as City Manager with or without cause.
If City terminates this Agreement (thereby terminating Marcarello’s employment) without cause, and if Marcarello signs, delivers to the City Council, and does not revoke, the General Release Agreement (“Release Agreement”) in the form attached hereto as Exhibit “A”, City shall pay Marcarello severance pay in an amount equal to twelve (12) months of his monthly base salary on the effective date of his removal to be paid in one lump sum subject to the statutorily mandated tax withholdings. After one year of service, Marcarello’s severance pay shall be increased by one month for every full year of service, up to a maximum of fifteen (15) months of his monthly base salary, subject to the limitations in Government Code Section 53260. In no event shall Marcarello receive more than fifteen (15) months severance pay.”
5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
The parties, through their duly authorized representatives, are signing this First Amendment on the date stated in the introductory clause.
City:
3 12923/0001/2698957-3
City of Covina,
a California municipal corporation
By:
Name: Patricia Cortez
Title: Mayor
ATTEST:
By:
Name: Evelyn Leach
Title: Interim Chief Deputy City Clerk
By:
Name: Christopher Marcarello