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:
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City Clerk Janet Berry