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09-20-2011 - Special Joint City Council/CDC Meeting Minutes of - Item 1 (2).pdfMINUTE SPECIAL JOINT MEETING OF THE WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION July 19, 2011 Mayor Herfert called to order the special meeting of the West Covina City Council at 6:00 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey (arrived 6:20 p.m.) Councilmembers Armbrust, Lane, Sanderson (arrived 6:39 p.m.) Others Present: Pasmant, Bachman, Gorman, Chung, Lee, Kim, Nichols, Wills, Colvin PUBLIC COMMENT ON ITEMS ON THE AGENDA None CLOSED SESSION Mayor Herfert commenced the closed session at 6:05 p.m. to discuss the following matters: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Pasmant, Bachman • Employee Organizations - Confidential Employees - General Employees - Maintenance & Crafts Employees - Mid-Management Employees - Non-Sworn Safety Support Employees - W.C. Police Officers' Association - W.C. Police Management Association - W.C. Firefighters' Association, I.A.F.F., Local 3226 - WC Firefighters Management Assoc. City Negotiator: Pasmant • Miscellaneous Unrepresented Management Employees, including: -Assistant City Clerk -Assistant City Manager -Community Development Commission Director -Community Services Director -Deputy City Manager -Finance Director -Deputy City Manager -Director of Risk Management -Fire Chief -Director of Human Resources -Planning Director -Police Chief -Public Works Director and City Engineer CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(a) Irma Herrera v. City of West Covina Ricky Monteihl v. City of West Covina Special Joint City Council/CDC Meeting July 19, 2011 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(b) One case CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(c) One case CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section § 54956.8 Property: Assessor Parcel Number 8735-001-934, 933 Agency Negotiators: Pasmant, Alvarez-Glasman, Chung, Lee Negotiating Parties: M & A Gabaee, LP Under Negotiation: Both price and terms of sale Property: Assessor Parcel Number 8474-007-929 Agency Negotiators: Pasmant, Alvarez-Glasman, Chung, Lee Negotiating Parties: CalTrans/State of CA Department of Transportation Under Negotiation: Both price and terms of sale Property: Agency Negotiators: Negotiating Parties: Under Negotiation: Assessor Parcel Number 8474-007-035, 037, 928, 932 and 934 Pasmant, Alvarez-Glasman, Chung, Lee Foothill Transit Authority Both price and terms of sale and/or lease RECESS Mayor Herfert recessed the special meeting at 7:05 to convene the regular joint City Council/Community Development Commission meeting in the Council Chambers on the first floor. ADJOURNMENT Mayor Herfert adjourned the meeting at 9:03 p.m. Submitted by Assistant City Clerk Susan Rush Mayor Steve Herfert 2 MINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION July 19, 2011 Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:10 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tern/Vice Chair Touhey Councilmembers/Commissioners Armbrust, Lane, Sanderson CHANGES TO THE AGENDA None PRESENTATIONS ANNOUNCEMENTS Public Works Director Shannon Yauchzee presented Senior Code Enforcement Officer Dan Smith with a Resolution of Recognition for his service to the Community. Community Services Director Michele McNeill reported on CDBG eligible funding for projects presented to Council on June 21, 2011, specifically for Del Norte Park and Palm View Park and stated that, per Council's direction, staff is coordinating community meetings to meet with residents and staff has tentatively scheduled meetings on August 10 and August 17 at these locations. She encouraged residents to participate and said more information and details would follow. REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Matt Gorman reported the following: Prior to convening into closed session, all items on the City Council/Community Development Commission agenda were announced for inclusion in the closed session discussion. All members were present. Items on the agenda: Conference with Labor Negotiators — Employee Organizations: WC. Police Officers' Association, W. C. Police Management Association, WC. Firefighters Association, LIFE, Local 3226, W. C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non- Sworn Safety Support Employees, General Employees, Mid- Management Employees; Miscellaneous Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, Community Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief Dir. Human Resources, Planning Director, Police Chief Public Works Dir/City Engineer, Dir. Risk Management — City Council and staff conducted a discussion of the matter with no final action and nothing further to report and stated Council may reopen discussion on this matter later on. City Council/CDC Minutes July 19, 2011 Conference with Legal Counsel — Existing Litigation — Irma Herrera v. CWC — Council received a report from staff with no final action taken and nothing further to report. Conference with Legal Counsel — Existing Litigation — Ricky Monteihl v. CWC — After receiving staff's report, Council directed settlement of this case on following terms: City's payment of $65,000 as settlement; in addition, a settlement agreement including a non-admission clause and, such settlement constitutes full settlement of all claims at issue. Council vote to approve carried by 4— 1 (Sanderson - No). Conference with Legal Counsel- Anticipated Litigation — One case — A briefing was provided by staff with no final action taken and nothing further to report. Conference with Legal Counsel — Anticipated Litigation — One case — Direction was given to staff. No fmal action was taken and nothing further to report. Conference with Real Property Negotiators — Property Assessor Parcel Number 8735-001-934, 933 — All members of the Council were present with the exception of Touhey and Sanderson. A report was provided by staff; Council present provided direction to staff with no final action taken and nothing further to report. Conference with Real Property Negotiators — Property: Assessor Parcel Number 8474-007-929 — All members of the Council were present with the exception of Councilmember Sanderson. A report was provided by staff with no fmal action taken and nothing further to report. Conference with Real Property Negotiators — Agency Negotiators: Pasmant, Alvarez-Glasman, Chung, Lee - All members of the Council were present with the exception of Councilmember Sanderson. A report was provided by staff with no final action taken and nothing further to report. Deputy City Attorney Gorman announced that the City Council/Community Development Commission recessed the Closed Session meeting at 7:05 p.m. Juan Reinoso Mark Smith Lloyd Johnson Kosette Vargas Mona Clarke Forrest Wilkens, West Covina resident, thanked the Fire Department for their participation on May 21 st at their Church Emergency Preparedness event Juan Reinoso, representing Urban Graffiti, address the bids submitted for the graffiti renewal project and expressed concerns with the process. Mark Smith, Glendora resident, addressed the proposed speed reduction ordinance and the criteria for the reduction. Lloyd Johnson, West Covina resident, spoke in support of Tymeline Technology for award of bid of the Graffiti contract. Kosette Vargas, representing the non-Sworn Public Safety Association, addressed the benefits and salaries for all employee groups, including those of City Council and department heads. Mona Clarke, representing Non-Sworn Public Safety employees, addressed miscommunication in negotiations, different medical benefits and other benefits to select employee groups and requested the "me too" clause be included in the agreement. ORAL COMMUNICATIONS Forrest Wilkens 2 City Council/CDC Minutes July 19, 2011 Sylvia Luna Sylvia Luna, representing Non-Sworn Public Safety employees, addressed retirement and medical benefits for various employee groups. Liz Romero Liz Romero, representing Non-Sworn Public Safety employees, spoke on retirement benefits for different employee groups and the "me too" clause. Jan Poirier Jan Poirier, representing Non-Sworn Public Safety employees, addressed the efforts by their group to negotiate comp time hours and a "me too" clause. Fred Sykes Fred Sykes, West Covina resident, addressed graffiti issues within the City and borders of La Puente and Valinda areas and also the quality of graffiti removal. Mayor Pro Tern Touhey stated that one location of Mr. Sykes' concern is located in the Los Angeles County's jurisdiction. Vickie Scheliga Vickie Scheliga, West Covina resident, announced "National Night Out" event and invited the Council and Community to attend and participate in the event on August 2. George Ogden George Ogden, West Covina resident, addressed the redistricting of supervisor boundaries and the probability of a change to the supervisor representing West Covina. ITEMS REMOVED FROM Mayor Herfert requested a staff report on Item #7, Graffiti Removal CONSENT CALENDAR Service Contract be brought forward for separate discussion. 7) Police Department Graffiti Contract Graffiti Removal Service Contract Sergeant Allen gave a brief review of the City's contract informing Council that the current contract expired on 12/31/2009. He then outlined the pertinent elements of each of the three bids received, including licensing, pricing, quality of work, type of business, references and qualifications. After reviewing these points, Sergeant Allen stated staff expressed concerns with the bid of Tymeline Technology, the low bidder and stated it was staff's recommendation to award a three year contract to Superior Property Services, Inc. Alternatively, if the Council wished to pursue the lowest bid of Tymeline, the police department would request a six month review of the work. Council discussion Mayor Herfert asked that staff respond to questions raised regarding the bid process and read a letter received by the City from Urban Graffiti regarding the process. Sergeant Allen replied that Superior Property Services submitted their bid timely but dropped it off at the front desk in the Police Department rather than the Finance Department as directed. However, he stated that due to miscommunication and as a matter of fairness the City would be willing to accept the bid. Mayor Pro Tern Touhey expressed his concerns with the bid process and the staff report and expressed his support of Tymeline Technology and stated that lack of previous experience does not warrant not receiving the bid. Councilmember Armbrust expressed support for Tymeline Technology with a six month review in order to save the City $6,000. Councilmember Lane expressed support for the lowest responsible bidder, Tymeline Technology. Mayor Herfert expressed his desire to have the Police Department continue to oversee the Graffiti program due to their success in cleaning up the Graffiti, bringing the responsible City Council/CDC Minutes July 19, 2011 individuals to justice, and recovering damages to the City. He indicated he believed all the bidders were capable, but expressed his belief that whatever company is awarded the contract, he would like the Police Department to continue to oversee the program. Motion Motion by Touhey and seconded by Lane to award the contract to Tymeline Technology as follows: $8.90 per site, not to exceed $8,890 per month; for private property - $13.00 per site, not to exceed $945.00 per month. The bid amount is not to exceed a total cost of $9,835 per month ($118,020 per year); and, a six month review of performance and report to City Council. Motion carried by 5 —0. Mayor Herfert requested Item #2, Amending Section 22-131 of the West Covina Municipal Code Related to Increases of State Law Maximum Speeds (Merced Avenue) Ordinance for Adoption Amending Section 22-131 of the West Covina Municipal Code 2) Related to Increases of State Law Maximum Speeds (Merced Ave.) Speed Limit — Merced Avenue Public Works Director Shannon Yauchzee responded to a question regarding speed reduction on city streets and stated that the proposed speed reduction item on the agenda meets the state requirement for width and length and number of homes along the street and can be classified without a traffic study as a residential street and given a 25 miles per hour speed limit. Motion and vote included with consent calendar vote. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Special Joint Council/CDC Meeting Minutes of June 21, 2011 Minutes Regular Joint Council/CDC Meeting Minutes of June 21, 2011 Special City Council Meeting Minutes of June 28, 2011 Ordinance for Adoption Amending Section 22-131 of the West Covina Municipal Code 2) Related to Increases of State Law Maximum Speeds (Merced Speed Limit on Merced Avenue Avenue) Ordinance No. 2218 ORDINANCE NO. 2218 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATED To INCREASES OF STATE LAW MAXIMUM SPEEDS (MERCED AVENUE) Award of Bid Award of Bid for Azusa Avenue Street Rehabilitation Work 3) Project No. SP-10102 Phase II — Vine Avenue to Manilla Way Azusa Avenue Street Rehab Recommendation that the City Council award the contract to All American Asphalt Inc., in the amount of $1,034,034.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation work. City Clerk's Office — Miscellaneous 4) Mid-Year Destruction of Documents as Prescribed by Law Destruction of Documents Recommendation is that the City Council adopt the following resolution authorizing the destruction of specific records: Resolution No. 2011-46 RESOLUTION NO. 2011-46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW City Council/CDC Minutes July 19, 2011 City Manager's Office — Miscellaneous 5) Cancellation of City Council Meetings in August 2011 Cancellation of Council Meetings Recommendation is that the City Council cancel the August 2, 2011, and August 16, 2011, City Council meetings due to National Night Out and lack business. Planning Department — Miscellaneous 6) Fiscal Year 2011/2012 Proposed Art in Public Places Annual Art in Public Places Program Work Program Recommendation is that the Public Arts Commission and staff recommend that the City Council approve an Annual Work Program to expend art in public places funds for art projects. This item was discussed and voted on earlier. Police Department — Miscellaneous 7) Graffiti Removal Service Contract Graffiti Removal Contract Recommendation is that the City Council accept the bid of Superior Property Services, Inc., of Pico Rivera, for comprehensive graffiti abatement services, for a 3-year contract, for an amount not to exceed $10,390 per month ($123,680 per year), as submitted. 8) 2011 BJA Justice Assistance Grant BJA Justice Assistance Grant Recommendation is that the City council approve the 2010 BJA Justice Assistance Grant and authorize the appropriation of an estimated $33,423 for future grant purchases, as follows: • $11,500 into 130.31.3110.5113 for supplemental overtime for enforcement • $13,423 into 130.31.3110.6220 for law enforcement supplies • $8,500 into 130.31.3110.6215 for police computer supplies 9) Private Grant (Kaiser Permanente) for Police Explorers Kaiser Private Grant Recommendation is that the City Council accept the new Kaiser Permanente grant and appropriate $2,500 into 221.31.3111.6270. Pu Purchase of Ten Big Belly Solar Trash Compactors 10) (Project No. TP-12503) Big Belly Solar Trash Bins Recommendation is that the City Council authorize the sole source purchase of ten "Big Belly" solar Trash Compactors from Waxie Sanitary Supply in an amount not to exceed $45,818.38. This item was removed from the consent calendar and discussed and acted on following Departmental Matters 11) Finance Department — Miscellaneous Award of Bid for Underwriter Award of Bid for Underwriter Recommendation is that the Community Development Commission (CDC) award the bid for underwriter services to Stone and Youngberg. Human Resources — Miscellaneous 12) Urgency Ordinance Authorizing an Amendment to the Contract PERS Urgency Ordinance with the California Public Employees' Retirement System Recommendation is that the City Council adopt the following Urgency Ordinance: Ordinance No. 2217 ORDINANCE NO. 2217 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF City Council/CDC Minutes July 19, 2011 ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONSENT CALENDAR ACTION Motion by Touhey and seconded by Lane to approve all items listed on the Consent Calendar as presented except Item No. 11 Award of Bid for Underwriter — pulled for separate consideration, and Item No. 7 Graffiti Removal Service Contract — this was discussed and voted on earlier. Motion carried by 5 — 0 except Items No. 11 and 7. City Manager's Office Designation of Voting Delegate for League of California Cities 13) Annual Conference League Voting Delegate No action was taken on this item as no Councilmembers are planning on attending this conference. Human Resources Department Meet and Confer Impasse 14) West Covina General Employees Association General/Non-Sworn Impasse West Covina Non-Sworn Safety Support Employees Association Mayor Herfert introduced the subject matter and stated that a staff report will be presented and at the conclusion of the report the labor representative from the non-sworn safety support and general employee associations will be able to present any additional pertinent information for the Council's consideration. Staff will also be able to respond if any further information is presented. Assistant City Manager Thomas Bachman presented the staff report. The report addressed the city's concern with rising costs over the next three years mostly due to employee pensions. Revenues will not be able to keep up with the rising costs and will lead us to continued budget deficits. The growing deficits will result in lower staffing levels and reduced services. In an order to mitigate the impact on services, negotiations were focused on ways to offset the rising costs. One goal of the negotiations was to have the miscellaneous groups pay the 8% employee pension contribution. The report further outlined the areas of agreement between the groups and the city and the areas of impasse. Following the City's declaration of impasse, the groups requested mediation. City Manager Pasmant responded to questions and concerns brought forth during oral communications. Mayor Herfert requested Non-Sworn Safety and General Employees associations' representative Bonnie Clarke to step forward to address the two groups' Meet and Confer Impasse and requested the City Council elevate the process to mediation. Presentation by Bonnie Clarke Ms. Clarke addressed the efforts by the Non-Sworn Safety Support Employees and General Employees Associations to negotiate contract terms with the City that resulted in an impasse and requested that the City Council elevate the process to mediation. Following comments by the Councilmembers, Mayor Herfert then proceeded to ask the Council if they wished to consider a separate vote for each employee association (Non-Sworn and General Employees) or to vote as a group. They decided to consider them as a group and the Mayor then read the following options available to the City Council: City Council/CDC Minutes July 19, 2011 Impose the City's last, best and final offer as recommended by City staff. Agree with the Association's last offer. Refer the matter back to the City Manager for mediation. Grant the City's bargaining team additional authority and go back to the bargaining table. Do nothing and allow the status quo to continue. • Motion Motion by Herfert and seconded by Touhey to approve the City's Last, Best and Final offer to General Employees Association and Non-Sworn Safety Support Employees Association and adopt the following resolutions. Resolution No. 2011-47 RESOLUTION NO. 2011-47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE NON-SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION Resolution No. 2011-48 RESOLUTION NO. 2011-48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE GENERAL EMPLOYEES' ASSOCIATION Motion carried by 5 —0. The following item was removed from the consent calendar for separate discussion and action. Finance Department - Miscellaneous Item 11 Award of Bid for Underwriter Award of Underwriter Assistant City Manager Thomas Bachman presented the staff report. When the Redevelopment Agency Project Area (BKK landfill area) was formed, the CDC entered into a tax sharing agreement with the County of Los Angeles with the County deferring 50% of their amount over the first 20 years of the project. This deferral would take the form of a loan and, at the end of the 20 year period, would need to be repaid to the County. This matter is related to the selection of an underwriter for the issuance of bonds to repay the County. Following the RFP process and the evaluation of the bids, the City's financial advisor (Urban Futures), recommended the firm of Stone & Youngberg. Mayor Pro Tern Touhey suggested awarding the bid instead to Cabrera Capital and to renegotiate their fees to the lower bid amount submitted by Wedbush Securities. Motion Motion by Touhey and seconded by Lane to award the bid Cabrera Capital and to renegotiate the bid amount. Motion carried by 5 —0. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS Mayor Herfert announced recent Grand Openings he attended in the City. City Council/CDC Minutes July 19, 2011 ADJOURNMENT Mayor Herfert made a motion to adjourn the Special and Regular meeting at 9:03 p.m. in memory of the following West Covina residents and seconded by Lane. • Retired West Covina Police Officer Steve Cook • Retired West Covina Firefighter Ray Moody • Ramalda Torres, Community Services Commissioner Betty Valles' sister • Julie Marquez, lifelong resident. Motion carried by 5 —0. Submitted by: Assistant City Clerk Susan Rush Mayor Steve Herfert 8 MINUTE SPECIAL JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION - AUGUST 23, 2011 Mayor/Chairman Herfert called to order the special joint meeting of the West Covina City Council and Community Development Commission at 6:07 p.m. in the City Hall Council Chamber, 1444 W. Garvey Avenue, West Covina. PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor/Chairman Herfert, Councilmembers/Commissioners Armbrust, Lane, Sanderson Absent: Mayor Pro Tern/Vice Chairman Touhey PUBLIC COMMENT ON ITEMS ON THE AGENDA Lloyd Johnson Lloyd Johnson, West Covina resident, inquired about the City's "ransom" money to be turned over to the State and asked where the money would come from — CDC funds or the General Fund. Community Development Director (CDC) Chris Chung replied that the CDC has the ability to pay the State the "ransom" money from Redevelopment Agency Low Moderate income funds. Mayor Herfert added that the money being used is strictly CDC funds and not from the General Fund. DEPARTMENTAL MATTERS Community Development Commission Approval of Resolutions and Ordinance Pursuant to AB1X26 and AB1X27 to Continue the Community Development Commission 1) as the Redevelopment Agency for the City of West Covina Continuing CDC/RDA City Manager Pasmant explained that the reports that follow entail the necessary steps for the City to ensure the Redevelopment Agency's existence and that if action is not taken by the City to continue the Agency, then the payments to the State would have to come from the General Fund rather than the CDC funds. Community Development Director Chris Chung presented the staff report and explained the City's need to take various actions due to recent State legislation. The State passed AB1X26 and AB1X27 on June 29, 2011 which will eliminate the City's Redevelopment Agency, known as the Community Development Commission in West Covina. He explained the negative economic impact the State's legislation would have on the City and outlined the steps in necessary to continue the existence of the City's Community Development Commission and to enable the City to pay the State "ransom" money from the Low/Moderate income funds rather than having to pay from the City's General Fund and then he offered to answer any questions. Mayor Herfert expressed his concerns over the manner in which the State handled this matter and stated that the City had no alternative but to do what they could to prevent serious economic problems for the City. Motion Motion by Sanderson and seconded by Lane to approve the following: Special Joint City Council/CDC Meeting October 23, 2011 , Resolution No. 2011-49 Introduction of Ordinance Resolution No. 613 1) Adopt the following resolution: Assistant City Clerk presented: RESOLUTION NO. 2011-49— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ENACT AN ORDINANCE WHEREBY THE CITY SHALL ELECT TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PARK 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND APPROVING AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION TO TRANSFER TAX INCREMENT 2) Introduce the following Ordinance: Assistant City Clerk presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA 3) Adopt the following resolution: Assistant City Clerk presented: RESOLUTION NO. 613 — A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO EXEMPT TAX INCREMENT PAYMENTS TO THE LOW AND MODERATE INCOME HOUSING FUND FOR THE FISCAL YEAR 2011-2012 AND MAKING SUPPORTING FINDINGS AND APPROVING AN AGREEMENT WITH THE CITY OF WEST COVINA FOR THE TRANSFER OF TAX INCREMENT FUND 4) Approve the appropriation of the remaining necessary funds from the CDC fund balance. Motion carried by 4 — 0. 2) Enforceable Obligations Schedule Resolution No. 614 Motion Enforceable Obligations Schedule Finance Director Thomas Bachman presented the staff report and explained that the legislation that both dissolved the Redevelopment Agency and then allowed them to voluntarily continue to exist, required that they approve a schedule of enforceable obligations and the Agency can only make payments listed on that schedule. Mr. Bachman outlined the current obligations and projections of future obligations using a PowerPoint presentation of the Enforceable Obligations Schedule and explained in detail the listed items. Assistant City Clerk Rush presented: RESOLUTION NO. 614 — A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING THE ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE Motion by Sanderson and seconded by Armbrust to adopt the resolution. Motion carried by 4— 0. 2 Special Joint City Council/CDC Meeting October 23, 2011 3) Human Resources SAFER Grant Side Letter SAFER Grant Side Letter Assistant City Manager Bachman gave a brief report outlining the details of the Staffing for Adequate Fire and Emergency Response (SAFER) Grant awarded to the City by FEMA that entails approval of an agreement with the Firefighters Association. Some of the significant points outlined included enabling the City to hire twelve additional firefighters in an alternate staff model and reinstating an engine company in all five fire districts. The grant is for two years, plus a third year at City expense unless a financial hardship prevents the City from being able to fund the positions for the third year. Bachman then offered to answer any questions. Motion Motion by Armbrust to approve the SAFER Grant Side Letter and seconded by Lane. Motion carried by 4 — 0. COUNCILMEMBERJCOMMISSIONER COMMENTS Councilmembers Armbrust and Sanderson thanked the Fire Chief and staff for working to obtain the grant. ADJOURNMENT Motion by Herfert and seconded by Sanderson to adjourn the meeting at 6:35 p.m. Submitted by Assistant City Clerk Susan Rush Mayor Steve Herfert City of West Covina Memorandum AGENDA ITEM NO. • 9 DATE: September 20, 2011 SUMMARY OF ACTIONS- ' REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA August 23, 2011 COMMISSIONERS. PRESENT:. Redholtz, Sotelo, Holtz; Stewart and Carrico ABSENT: None CITY STAFF PRESENT: Anderson, Wong, Davis and de Zara • APPROVAL OF MINUTES: Regular meeting, July 26, 2011 — The minutes were approved as submitted. A. OTHER MATTERS OR ORAL COMMUNICATIONS None B. CONSENT CALENDAR 1. FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE Motion by Stewart, seconded by Redholtz, to approve the items listed. Motion carried 5-0. C. PUBLIC HEARINGS (1) CONDITIONAL USE PERMIT NO. 11-10 PLANNING COMMISSION AUTHORIZED PLANNING DIRECTOR'S MODIFICATION NO. 11-18 CATEGORICAL EXEMPTION APPLICANT: Ron Underwood for Bickel Underwood LOCATION: 100 North Azusa Avenue REQUEST: The project consists • of a request for a conditional use permit to modify an existing singlerlane drive-through to a ••• two-lane drive-through. The project also consists of a request for a planning director's modification to modify the exterior of the restaurant building and parking lot. 'COMMENTS: Ron Underwood, representing Bickel Underwood, spoke in favor of the project. No one spoke in opposition. There was a discussion by the Commission regarding the new proposed ilandscaping, loss of parking Spaces to accommodate the landscaping, if a new sign was proposed, the key location in the city and improvements to the drive-through window. It was the consensus of the Commission that the proposed improvements would be beneficial to the entire area. Motion by Holtz, seconded by Sotelo, to approve Resolution No. 11-5436 .approving Conditional Use Permit No. 11-10 and Planning Commission Z:\PLANCOM\SUMACTS\SumActs 2011\8.23.11 sum apt.doc Planning Commission Summary of Action Page 2 — August 23, 2011 authorized Planning Director's Modification No. 11-18. Motion carried 4-0 (Carrico abstained.) (2) CONDITIONAL USE PERMIT NO. 11-11 CATEGORICAL EXEMPTION APPLICANT: Scott Wyatt LOCATION: 450 South Glendora Avenue #109 (Samantha Courtyard Shopping Center) REQUEST: The applicant is requesting the approval of a conditional use permit to allow the operation of a 3,040-square foot fitness center. COMMENTS: Scott Wyatt, applicant, spoke in favor of the project. No one spoke in opposition. The Commission discussed the number of exercise classes being offered, the type of equipment to be used, parking in the shopping center and if other items would be sold in conjunction with the business. Motion by Sotelo, seconded by Redholtz; to adopt Resolution No. 11-5437 approving Conditional Use Permit No. 11-11. Motion carried 5-0. D. NON-HEARING ITEMS (1) PLANNING COMMISSION AUTHORIZED PLANNING DIRECTOR'S MODIFICATION NO. 11-03 TO PRECISE PLAN NO. 585 APPLICANT: Gabriel Adame LOCATION: 354 North Azusa Avenue (aka 1825 East Thelbom Street) A proposal to modify the exterior of an 'existing two-story office building along with other modifications to comply with the Americans with Disabilities Act. COMMENTS: Gabriel Adame, applicant, spoke in favor of the project. No one spoke in opposition. There was a discussion by the Commission regarding the proposed improvements, including the addition of windows to the second story, the proposed addition of brick to the exterior of the building, slurry seal and restriping of the parking lot and achieving compliance with the American Disabilities Act. Motion by Redholtz, seconded by Holtz, to approve Planning Commission approved Planning Director's Modification No. 11-13 to Precise Plan No. 585, as amended. (Motion carried 5-0.) (2) PLANNING COMMISSION AUTHORIZED PLANNING DIRECTOR'S MODIFICATION NO. 11-14 APPLICANT: Juan Corona LOCATION: 232 South Glendora Avenue A proposal to modify the approved architecture of the Corona Grill Restaurant building. Z:\PLANCOM\SUMACTS\SurnActs 2011\8.23.11 sum act.doc Planning Commission Summary of Action Pan 3— August 23, 2011 COMMENTS: Juan Corona, applicant, and Tony Carrillo spoke in favor of the project and presented a revised plan. No one spoke in opposition. The Commission discussed proposed changes to the exterior and interior of the building including the proposed colors ; installation of sound proofing materials, use of the rear entrance, the addition of molding and columns to the outside of the building and the proposed colors to be used ori the exterior of the building. The Commission concurred that the proposed improvements to the building would enhance the area. They agreed to support the project. Motion by Redholtz, seconded by Stewart, to approve Planning Commission authorized Planning Director's Modification No 11-14. Motion carried 5-0. E. OTHER MATTERS OR ORAL COMMUNICATIONS None F. COMMISSION REPORTS/COMMENTS, AND MISCELLANEOUS ITEMS Redholtz — regarding new restaurant openings, concerns about parking and new massage uses in the city. Sotelo — regarding homeless people living on Azusa Avenue. Stewart — regarding parking at Mc Donald's and current parking requirements. Carrico — regarding horse show in San Dimas. (1) CITY COUNCIL ACTION: None (2) PLANNING DIRECTOR'S REPORT: a. Project Status Report b. Subcommittee Minutes July 12, 2011 G. ADJOURNMENT Motion. by Sotelo, seconded by Redholtz, to adjourn the meeting at 8:20 p.m. Motion carried 5-0. Z:\PLANCOM\SUMACTS\SumActs 2011\8.23.11 sum act.doc City of West Covina Memorandum AGENDA ITEM NO.. 9 DATE: September 20, 2011 SUMMARY OF ACTIONS REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA September 13, 2011 COMMISSIONERS PRESENT: Redholtz, Sotelo, Stewart and Carrico ABSENT: Holtz CITY STAFF PRESENT: Anderson, Garcia APPROVAL OF MINUTES: Regular meeting, August 23, 2011 — The minutes were approved as submitted. A. OTHER MATTERS OR ORAL COMMUNICATIONS 'None B. CONSENT CALENDAR 1. FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE Motion by Stewart, seconded by Redholtz, to approve the items listed. Motion carried 4-0 (Holtz absent.) C. PUBLIC HEARINGS None D. NON-HEARING ITEMS (1) REVIEW OF SUBCOMMITTEE FOR DESIGN NO. 11-24 APPLICANT: Rick Lam LOCATION: 3176 East Hillside Drive Review of a request for a guesthouse in the front yard of a single-family residence. COMMENTS: Rick Lam, applicant, spoke in favor of the project. Mike Pinell spoke in opposition. There was a discussion by the Commission regarding the additional costs to put the guesthouse in the rear yard. Among the matters considered were the need for a variance for the side-yard setback, the need for the construction of a seven-foot retaining wall, the owner's ability to use the existing pool and the upward slope that exists on the property. Sotelo and Stewart said they would not support the guesthouse being built in the front yard. Redholtz said he would support the guesthouse in the front yard; however, Sotelo and Stewart stated their preference that the guesthouse be placed in the rear yard. Carrico concurred with the comments from Sotelo and Stewart. ZAPLANCOM\SUMACTS\SumActs 2010.13,i I sum act.doc Planning Commission Summary of Action Page 2— September 13. 2011 Motion by Sotelo, seconded by Stewart, to deny Design Review No. 11-24. Motion can-ied 3-1 (Redholtz opposed; Holtz absent.) • E. OTHER MATTERS OR ORAL COMMUNICATIONS None COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS (1) CITY COUNCIL ACTION: September 6, 2011 — Urgency Ordinance was adopted establishing a moratorium to create an equestrian overlay zone on single family properties on the north side of Vanderhoof Drive. (2) PLANNING DIRECTOR'S REPORT: a. Subcommittee Minutes July 26, 2011 G. ADJOURNMENT Motion by Sotelo, seconded by Stewart, to adjourn the meeting at 7:30 p.m. Motion carried 4-0 (Holtz absent.) Z:\PLANCOM\SUMACTS\SumActs 2011\9.13.11 sum act.doc City of West Covina Memorandum AGENDA TO: Andrew G. Pasmant, City Manager ITEM NO. and City Council DATE: September 20, 2011 FROM: Chris Freeland, Deputy City Manager SUBJECT: RELOCATION OF FARMERS' MARKET TO GLENDORA AVENUE RECOMMENDATION: It is recommended that the City Council approve relocating the West Covina Farmers' Market to Glendora Avenue, adjacent to the Lakes Entertainment Center. DISCUSSION: Over the last couple of months, City staff has been meeting with the coordinators of the West Covina Farmers' Market about relocating the Farmers' Market to another location in the City. The City of West Covina's Municipal Code allows for the Farmers' Market to be located in two overlay zones in the community, The Lakes Entertainment Center and the Westfield Shopping Center/West Covina Parkway Plaza. In the past, the Farmers' Market has been located at both locations. For the past few years, the Farmers' Market has been operating at the Westfield Shopping Center along West Covina Parkway, between Firestone Tires and Margarita Jones. Westfield recently indicated that they would like the Farmers' Market to relocate to another location in the community, because of the potential transit center being developed on the property that the market operates and to address concerns from Westfield tenants about competition with the Farmers' Market. The market operates every Saturday from 8:00 a.m.-1:00 p.m. Attached is a letter from the coordinators of the Farmers' Market asking for the City's approval to relocate to Glendora Avenue, adjacent to the Lakes Entertainment Center. Several years ago, the Farmers' Market was located at this location, and the coordinators of the Farmers' Market wish to return, as the Farmers' Market did reasonably well. If approved, the Farmers' Market would target relocating to Glendora Avenue in January 2012. In order to facilitate the return of the Farmers' Market to Glendora Avenue, City Council approval is needed because of temporary closure of Glendora Avenue each Saturday morning. In addition, an Administrative Use Permit (AUP) will need to be completed by the Farmers' Market that will include a number of requirements and restrictions. A summary of some of the requirements and restrictions include: All vendors to have a City of West Covina Business License. Proper liability insurance will be required. City approves barricade plan to close off Glendora Avenue and placement of appropriate detour signage. Farmers' Market will be responsible for clean up after event and maintenance of public restroom at the Lakes Entertainment Center. Obtain any necessary City of West Covina permits and approvals (Planning, Fire, Finance, Police, etc.) and County of Los Angeles Health Department permits. Provide the City of West Covina space at the Farmers' Market to promote City events and programs. FISCAL IMPACT: The West Covina Farmers' Market has agreed to provide all funding for operation of the Farmers' Market. City of West Covina will incur minor costs to reproduce street signage designating the new location of Farmers' Market and to promote the Farmers' Market on the City's website and in the Discover Newsletter. In addition, City staff is recommending that the application fee for the AUP be waived, since the Farmers' Market just completed the process at their current location and was not aware that they would need to relocate. The fee for the AUP is approximately $ 1 ,0 00. Prepared By: Chris Freeland Deputy City Manager Attachment: Letter from Farmers' Market Requesting City's Approval to Relocate to Glendora Avenue The Honorable Mayor Steve Herfert City of West Covina 1444 E. Garvey Ave. West Covina, CA 91790 Subject: Relocation of the Farmers Market from Westfield's to Glendora Avenue and Transfer of Permits. Reference: Meeting with CM A. Pasmant and Staff on Tuesday August 30 th 2011 Dear Mayor Herfert: Over the past year we had had numerous discussions between the Farmers Market participants, the former Chamber of Commerce, Westfield's and the City over the best long term location for the Saturday-morning Farmers Market program. The current location appears headed for future development and a long term solution is urgently needed as the short-term least with Westfield's terms at the end of September. The Market has moved seven times over the years and needs a permanent place that shoppers can rely on as well as the market vendors who must invest in permitting fees. Based on the various discussions the location along Glendora Avenue across from the Lakes theatres would be the ideal location. The Market has been there before and did reasonably well and with proper promotion should do very well. We believe this site is also preferred by the City. In support of this re-location we respectfully request the City allow the Market to 'transfer' all existing permits to the new location to avoid additional costs. We additionally request allowing the Market vendors to provide vehicles as barricades to again reduce the cost of operation. After the Chamber of Commerce closed in January the Market partnered with a non profit organization (Your Town Market) to take over and reopen it under their name in January 2011. They have put a lot of time and effort into obtaining the licensing and permits necessary for the Market to open. We are pleased the county health inspectors continue to give the program good mark on the operation. The Farmers Market should be viewed as a community activity not a business to make money, it is more focused on helping people to eat fresh fruits and vegetables grown in California and picked fresh a day or two before they purchase them Thank you for any help or input you can give to us. We pledge to work with the City staff to keep this community program going forward in a safe and healthy manner, however, we do request that any cost saving measures be employed to the greatest extent possible. Sincerely, Roger Evans Gerald Dahlberg Market Manager Your Town Markets TO: Andrew G. Pasmant, City Manager and City Council FROM: Chris Freeland, Deputy City Manager SUBJECT: DISCOUNT PRESCRIPTION DRUG PROGRAM RECOMMENDATION: It is recommended that the City Council authorize City staff to promote the various discount prescription drug programs, outlined in this staff report, which benefit residents in West Covina that do not have prescription drug insurance. DISCUSSION: City staff is presenting this staff report as a result of an inquiry from Mayor Pro Tem Michael Touhey on the National League of Cities (NLC) Prescription Discount Card Program. Because of Mayor Pro Tem Touhey’s inquiry, City staff was able to survey similar programs that City staff believes will benefit the community at no charge to the City. In 2009, the National League of Cities (NLC) introduced the Prescription Discount Card Program available for its member cities. The Prescription Discount Card is a member service program, which is helping cities across the country provide a money-saving benefit to residents faced with the high cost of prescription drugs. Currently, more than 460 cities are participating in the program nationwide, from Chicago (Population 2.8 million) to St. Agatha, Maine (Population 820), and have saved their residents more than $5.6 million to date. Designed to help residents who are without health insurance, a traditional pharmacy benefit plan, or have prescriptions not covered by insurance, the program provides an average savings of 23 percent off the full retail cost of prescriptions. Some pet medications are also eligible for the discount. There is no cost for a city to participate in the program. However, a city must be a member of NLC. The annual membership cost is approximately $8,000. The program is administered for NLC by CVS Caremark and includes nearly 60,000 participating pharmacies nationwide, including all major chains and most local pharmacies. There is no cost to the resident, no enrollment fees or forms, and the cards can be used by all family members. In an effort to provide this program at no cost to the City, the City contacted CVS Caremark, to inquire if this program is offered outside of the membership requirements of the NLC. Unfortunately, CVS Caremark does not offer this plan or any similar plan outside of the arrangement with NLC. In researching this program, City staff was able to identify a similar program being offered through Rite Aid. Like the CVS Caremark program, the Rite Aid Rx Savings Program is designed to help residents who are without health insurance, a traditional pharmacy benefit plan, or have prescriptions not covered by insurance, but can only be used at a Rite Aid. The Rite Aid program benefits include:  Ability to purchase over 500 generic medications (30-day supply) for $8.99 or a 90-day supply for $15.99.  Save 20% on all other generic prescriptions.  Save 15% on brand name prescriptions.  Other discounts on oral contraceptives, Rite Aid brand diabetic test strips, etc. In discussions with Script Save that oversees the Rite Aid program, they have another card program that is available for residents by logging onto their website, www.scriptsave.com (Use Member Code S1000). This discount program is similar to the CVS Caremark program in that it provides prescription discounts at thousands of pharmacies, and is designed to help residents who are without City of West Covina Memorandum A G E N D A ITEM NO. 4 DATE: September 20, 2011 health insurance, a traditional pharmacy benefit plan, or have prescriptions not covered by insurance. The Script Save also partners with drug companies to provide coupons for over the counter drugs (i.e. Advil, Dimetapp, etc.), and offers discounts on vision programs (testing, eyeglasses, Lasik, etc.) and hearing (testing and hearing aids). Script Save also provides coverage of for pet medication. Rather than re-joining the NLC, at a cost to the City, staff would recommend that the City promote the Rite Aid and Script Save programs at the Senior Center and at City Hall as an additional benefit for West Covina residents to enjoy. In addition, the City will also promote these free programs to residents on the City’s website and in an upcoming Discover newsletter. FISCAL IMAPCT: There are minimal costs to produce literature about the discount prescription drug program to be displayed at the Senior Center and other appropriate public counters at City facilities. Prepared By: Chris Freeland Deputy City Manager