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04-22-1997 - Special Meeting - MinutesMINUTES SPECIAL MEETING OF THE WEST COVINA CITY COUNCIL APRIL 22,1997 The special meeting of the West Covina City Council, scheduled for 6:30 pm, was called to order by Mayor Wong at 6:40 pm in the Management Resource Center at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL Mayor Wong, Mayor Pro Tern Melendez, Councilmembers Howard, Touhey. Councilmember Herfert arrived at 6:55 pm. Others Present: Starbird, Wylie, Glover, Peters, Collins, Distelrath, Panas, Tucker, Lane, Greene, Mayer, Palkhiwala, Hernandez, Samaniego, Miller, Berry PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments offered. IMPLEMENTATION OF PROPOSITION 218 Herfert arrived at 6:55 pm. Staff Presentation Assistant City Manager Wylie reviewed Proposition 218 with all its intricacies involving proper procedures for imposing taxes, assessments, and property related fees or charges. He explained that Prop 218 established a system of voting requirements for certain existing taxes and assessments, and mandates extensive balloting requirements for new or increased taxes, fees, and assessments. In some cases, the voting requirement is for registered voters; in others, it requires a mailed ballot protest election. Mr. Wylie explained that Maintenance Districts 1 and 2 are funded by ad valorem property tax levies, within the Countywide 1% levy, and will probably not be affected by Proposition 218. Since no rate increase is proposed for Maintenance Districts 4, 6, 7, the City will not have to go through an election process for these districts. The Citywide Lighting and Maintenance District (Citywide Dist.) currently contains components no longer permitted under Proposition 218, unless approved by the voters. The current components include: street lighting, park maintenance, street tree maintenance, median maintenance, traffic signals, and city pool maintenance. Proposition 218 requires the City to determine "special benefits" vs "general benefits" and that special benefits may be assessable. Staffs current opinion is that most of the costs of street lighting, street tree maintenance, and a portion of park maintenance may be assessable as a "special benefit." If this is true, a total of approximately $1.7 million of the currently proposed FY 97/98 budget may be assessable and approximately $1.5 million will have to be funded elsewhere or services reduced. The FY 97/98 cost for the Citywide Dist. is $3,335,784.00. City Council Minutes of 4/22/970 • The assessment for a typical residential property for FY 97/98, • prior to Prop. 218, would have been $111. After reconfiguring the assessments under Prop. 218 regulations, the typical residential assessment would be reduced to about $38.29, if approved by the voters. Mr. Wylie stated that under Prop. 218, it is permissible to include CPI adjustments. Council Discussion Councilmember Touhey felt the whole amount of approximately $3.3 million should be put to a vote, not just a portion of it. He stated that it was his belief that that was the intent of the voters when Proposition 218 was passed in November, 1996. Mayor Pro Tem Melendez favored the mailed ballot for the special assessments only. He suggested that the cover letter be simple and easy to understand. In two conspicuous places, in large bold print, a notation should be added that the assessment has gone down. Councilmember Howard added that the letter needs to clearly state that the Citywide District assessment is not a new assessment, but has been on the property bills for many years. Councilmember Herfert felt that if the City proposed the $1.7 million at a special election, the 2/3 majority vote requirement would be met. He felt the other method, voting by mail, would be looked upon as sus- picious. Councilmember Howard noted that if the matter is handled through a special election, someone will have to be the "front man" to get infor- mation out, because if the measure loses, the City will be out that money. Mr. Wylie related the limits imposed on the City in advocating one position or another. Mayor Wong commented that the protest hearing by mail ballot is permissible through Prop. 218, whether those voting for the proposition understood that or not. He wondered if arguments pro and con would be allowed. Assistant City Manager asked Council to give some thought as to what the consequences would be should a no vote prevail. The City Council discussed approaches to maintaining the parks through the assessment process. The most widely accepted method at this point is to assess residential properties more if the live within a half mile of the park than those who live farther away. Mr. Cooper of Berryman & Henigar (the City's Assessment Engineering firm) stated that, in looking for a reasonable response to the problem, they have utilized the City's General Plan definition of a neighborhood park, which is a park located in an area that benefits those within a half -mile • radius. Another alternative is to pull the park maintenance matter out of the protest hearing mailed ballot process and include it within a special tax, which would require a 2/3 vote of approval. Recess Mayor Wong recessed the City Council meeting at 9:04 pm and recon- vened the meeting at 9:23 pm with all members present. 0? City Council Minutes of 4/22/97 • • Motion Motion by Howard and seconded by Melendez to proceed with the assessment mail ballot election for the Citywide District ($1.2 million) with the inclusion of a CPI clause. Motion carried 3-2 with Herfert and Touhey voting no. Council directed staff to report back on May 6's with more information It regarding park assessment methodology as well as the special election particulars (ballot wording, cover letter, etc.). Council concurred with Mr. Wylie's suggestion to place information in the next issue of "Today." City Engineer Glover stated that although Council had adopted resolu- tions regarding the maintenance districts, the following resolutions have been revised to contain language complying with Prop 218. These resolutions will prevail over those previously adopted by Council on March 18, 1997. City Clerk presented: Resolution 9439 - RESOLUTION NO. 9439 - A RESOLUTION OF THE Citywide Lighting & Maint. CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR- NIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING, LIGHTING AND PARK OPERATION AND MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE SUBSEQUENT FISCAL YEARS COMMENCING JULY 1, 1997 (West Covina Citywide Lighting and Maintenance District) Resolution 9440 - RESOLUTION NO. 9440 - A RESOLUTION OF THE MD #4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR- NIA, INITIATING PROCEEDINGS FOR THE CONFORMATION OF THE WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 4's LEVY.AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 1997/98 (West Covina Landscape Maintenance District No. 4 - 1997/98) Resolution9441 - RESOLUTION NO. 9441 - ARESOLUTION OF THE MD #6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR- NIA, INITIATING PROCEEDINGS FOR THE CONFORMATION OF THE WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 6's LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 1997/98 (West Covina Landscape Maintenance District No. 6 - 1997/98) • Resolution 9442 - RESOLUTION NO. 9442 - A RESOLUTION OF THE MD #7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR- NIA, INITIATING PROCEEDINGS FOR THE CONFORMATION OF THE WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. Ts LEVY AND COLLECTION OF ASSESSMENT 3 City Council Minutes of 4/22/970 0 WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 1997/98 (West Covina Landscape Maintenance District No. 7 - 1997/98) Motion by Herfert and seconded by Melendez to waive further reading of the resolutions and adopt. Motion carried 5-0 with Wong abstaining on Resolution No. 9442 (MD #7) due to conflict of interest laws. ADJOURNMENT Motion by Melendez and seconded by Howard to adjourn the meeting at 9:37 pm. Motion carried 5-0. •AM\1'h-\\ Mayor dlikarriin Wong Attest: �h City Clerk Janet Berry