06-17-2008 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
June 17, 2008
Mayor Lane called to order the regular meeting of the West Covina City Council at 7:03 p.m. in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Lane,
Councilmembers Herfert, Sanderson, Touhey
Absent: Mayor Pro Tem. Hernandez
CHANGES TO THE AGENDA City Manager announced that minor corrections were made to Item
E-3, Continued Public Hearing of Fee and Charges Schedule.
The following items were removed from the agenda:
Item E-4 Authorizing an Election and the CDC's and City
Council's Votes on a Special Tax Levy and Extension of the
Coastal Sage and Scrub Community Facilities District's
Authorized Facilities and Services;
Item E-5, Election on the Extension of the Coastal Sage
and Scrub Community Facilities District's Public Facilities and
Services and the Levy of Special Taxes, and Certification of the
Election Results; and
Related Item II -A on the. CDC agenda, Authorizing
an Election and CDC's and City Council's Votes On a Special Tax
Levy and Extension of the Coastal Sage and Scrub Community
Facilities District's Authorized Facilities And Services
PRESENTATIONS: Blue Star Video was aired.
Mayor Lane presented Ernie Clark, Grand Knight of the Father
Maguire Council #3851 of the Knights of Columbus from St.
Christopher Church with a certificate recognizing the Knights of
Columbus who were named the number one Council in the State
for their support of the community, church, families, and the youth
of West Covina.
ANNOUNCEMENTS None.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke on the lack of
response to Animal Control issues, and temporary banners on
businesses.
Fred Sykes Fred Sykes, West Covina resident, addressed the budget report on
the agenda and restructuring of the departments, and inquired
City Council Minutes of June 17, 2008
about part-time staff layoffs and proposed elimination of cable
television programming.
Joanne Wilner Joanne Wilner, West Covina resident, addressed items contained in
the 2008/2009 Budget Review; elimination of cable, availability of
agenda materials if City implements closing on Fridays.
CONSENT CALENDAR Councilmember Touhey stated his appreciation of Item D-5f,
regarding sexual offenders wearing GPS devices, and Item D-5b,
the introduction of an ordinance requiring residency and loitering
restrictions for sex offenders, coming forward for action.
Councilmember Touhey also declared for the record, that in
regards to Item D-3, his family has owned a business since 1977
and land since 1979 in the referenced project area.
Councilmember Herfert made comments in reference to the
economy and the City's budget.
D-1. City Council Meeting Minutes (receive & file)
No minutes for this meeting.
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Planning 06/10/08
D-3 Ordinance for Adoption (waive reading & adopt)
Recovery of Lost Tax Increment Revenues by Extending
Redevelopment Plan Time Limits for the Central Business District
Project Areas and the Eastland Project Areas as Authorized by SB
1096
Ordinance No. 2177 ORDINANCE NO. 2177 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT
TO THE REDEVELOPMENT PLANS FOR THE CENTRAL
BUSINESS DISTRICT PROJECT AREA AND THE
EASTLAND PROJECT AREA PURSUANT TO THE
PROVISIONS OF THE HEALTH AND SAFETY CODE
SECTION 33333.6(E)(2)(D)
Award of Bid
D-4a Consultant Agreement for Housing Element Update
Housing Element Consultant Recommendation is that the City Council authorize the execution
of an agreement with Hogle-Ireland in the amount of $71,930 to
provide consulting services associated with updating the Housing
Element of the General Plan.
Award of Bid for Major Street Rehabilitation Improvement —
D-4b Proposition I (Project No. SP-08108)
Major Street Rehab Recommendation is that the City Council:
1. Accept the bid of All American Asphalt in the amount of
$1,787,000 as submitted at the bid opening on June 4, 2008 and
authorize the Public Works Director/City Engineer to execute
an agreement with All American Asphalt of Corona,
California, for the work to be done.
2. Transfer $70,000 from Account No. 124.81.8844.7200; $2,700
from Account No. 124.81.8741.7200 to Project No. SP-08108
Account No. 124.81.8843.7200, and $8,400 from Account No.
125.81.8741.7200; and $48,894 from Account No.
125.81.8749.7200 to Project No. SP-08108 Account No.
125.81.8843.7200.
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City Council Minutes of June 17, 2008
3.
4.
5.
6.
Appropriate $94,200 from North Azusa Avenue
Relinquishment fund balance to Project No. SP-08108
(215.81.8843.7200).
Appropriate $25,000 from Prop "A" fund (has been approved
by MTA) to Project No. SP-08108 (121.81.8843.7200).
Appropriate $60,000 Community Development Block Grant
(CDBG) fund from the unappropriated CDBG fund balance
(pending HUD and City Council approval) to Project No. SP-
08108 (131.81.8843.7200).
Appropriate $243,920 Proposition "C" funds (has been
approved . by MTA) to Project No. SP-08108
(122.81.8843.7200).
Miscellaneous — Finance Department
D-5a Appropriations Limit for Fiscal Year 2008-2009
Appropriations Limits Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2008-35 RESOLUTION NO. 2008-35 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR ENDING JUNE 30, 2009
D-5b Annual Citv Loan for the City —Wide Project Area
Citywide Project Area Loan Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2008-36 RESOLUTION NO. 2008-36 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A LOAN TO THE WEST COVINA
COMMUNITY DEVELOPMENT COMMISSION FOR THE
PAYMENT OF PROJECT AND ADMINISTRATIVE
EXPENSES FOR THE "CITY-WIDE" PROJECT AREA
Annual City Loan for the West Covina Merged Redevelopment
D-5c Project Area
Redevelopment Project Area Loan Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2008-37
D-5d
Regents UCLA Medical Center
RESOLUTION NO. 2008-37 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A LOAN TO THE WEST COVINA
COMMUNITY DEVELOPMENT COMMISSION FOR THE
PAYMENT OF PROJECT AND ADMINISTRATIVE
EXPENSES FOR THE WEST COVINA MERGED
REDEVELOPMENT PROJECT AREA
Miscellaneous — Fire Department
Authorize an "Amendment to Services" Agreement Between the
Regents of the University of California, on Behalf of the UCLA
Medical Center, Center for Prehospital Care and the City of West
Covina, on Behalf of the Fire Department
Recommendation is that the City Council approve and sign the
amendment of the services agreement with the Regents of the
University of California, on behalf of the UCLA Medical Center to
extend the current contract through June 30, 2010.
Miscellaneous — Police Department
D-5e 2008 BJA Justice Assistance Grant
BJA Justice Assistance Grant Recommendation is that the City Council approve the 2008 BJA
Justice Assistance Grant and authorize the appropriation of
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City Council Minutes of June 17, 2008
$13,428 into 208.31.3112.6999 for unfunded public safety
supplies..
Consideration of a Resolution Providing for the Monitoring of
Sexual Offenders Required to Wear GPS Tracking Devices
D-5f Pursuant to Jessica's Law
GPS Tracking Devices Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2008-38 RESOLUTION NO. 2008-38 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING A COMPREHENSIVE PROCESS BY WHICH
THE WEST COVINA POLICE DEPARTMENT WILL
MONITOR CONVICTED SEX OFFENDERS THAT ARE
REQUIRED TO WEAR GPS DEVICES AND AUTHORIZING
STAFF TO UNDERTAKE APPROPRIATE ACTIONS TO
IMPLEMENT SUCH PROCESS
D-5g 2007 Homeland Security Grant
Homeland Security Grant Recommendation is that the City Council accept the 2007 State
Homeland Security Grant Program (SHSGP) and authorize the
appropriation of $9,824. into 222.31.3110.6999 for police
protective supplies.
Introduction of an Ordinance Imposing Residency Requirements
D-5h and Loitering Prohibitions on Registered Sex Offenders
Residency Requirements for Sex Recommendation is that the City Council introduce the following
Offenders ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE BY REPEALING SECTION 15-
19 IN ITS ENTIRETY AND BY ADDING A NEW SECTION 15-
19 TO INCLUDE RESIDENCY AND LOITERING
RESTRICTIONS FOR SEX OFFENDERS
Miscellaneous — Risk Management Department
D-5i Placement of Property Insurance for Fiscal Year 2008/09
City Property Insurance Recommendation is that the City Council approve renewing the
City's property insurance coverage for FY 2008/2009 with The
Hartford at a cost of $66,970.
D-6 AB1234 Conference and Meeting Report (receive & file)
Contract Cities Conference Report Contract Cities Conference and Meeting Report
Recommendation is that the City Council receive & file this report.
CONSENT CALENDAR ACTION Motion by Herfert and second by Touhey to waive further reading
of the resolutions/ordinance and adopt, and approve all items.
Motion carried 4 — 0 by the following roll call vote:
AYES: Herfert, Sanderson, Touhey, Lane
ABSENT: Hernandez
PUBLIC HEARINGS
E-1 Public Hearing
Citywide Landscape & MD West Covina Citywide Lighting and Maintenance District
Mayor Lane announced the public hearing matter. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Lane opened the hearing. Public Works Director Yauchzee
presented the staff report which recommended a voter approved
CPI increase of 2% which will cover operating expenses and allow
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City Council Minutes of June 17, 2008
for reserves that are necessary for future Capital Improvements and
emergency repairs for the maintenance of city street trees and
citywide street lighting.
Assistant City . Clerk Rush verified that no written comments or
objections had been received.
Public Testimony Mayor Lane opened the public testimony portion of the hearing
and asked for public comments.
Closed testimony With no others wishing to speak on the matter, Mayor Lane closed
the public testimony portion of the hearing.
Resolution No. 2008-40 Assistant City Clerk Rush presented:
RESOLUTION NO. 2008-40 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CONFIRMING THE ENGINEER'S REPORT AND THE
PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND
ASSESSMENTS CONTAINED THEREIN; ORDERING
LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE
FURNISHED FOR LIGHTING FIXTURES AND TO ORDER
STREET TREES TO BE INSTALLED AND MAINTAINED IN
THE WEST COVINA CITYWIDE LIGHTING AND
MAINTENANCE DISTRICT FOR FISCAL YEARS
BEGINNING JULY 1, 2008
Motion Motion by Touhey and second by Herfert to waive further reading
of the resolution and adopt. Motion carried by 4 — 0.
Appeal Hearing
Appeal of Planning Director's Modification No. 08-14
(Undergrounding of Power Lines)
Appellant: Sean Yuan
E-2 Location: 1838 E. Workman Avenue
Appeal of Undergrounding Lines Mayor Lane announced the hearing matter. Assistant. City Clerk
Rush verified that proper legal notice had been given and Mayor
Lane opened the hearing. Planning Director McIsaac presented the
staff report. Due to the proximity of the existing power lines to the
proposed building, Southern California Edison had requested that
there be a greater separation. The existing lines are at a height of
35 feet and the buildings are proposed to be 29 feet. The applicant
had requested the Planning Commission allow raising the existing
power lines rather than relocate underground as required by the
municipal code in order to meet the separation as required by
Edison.
Public Testimony Mayor Lane opened the public testimony portion of the hearing
and asked for public comments.
In favor Dan Pierce, Civil Engineer for the project, provided a history of
the project and discussed the placement of the utility lines and the
related cost factors.
Sean Yuan, appellant and Engineering Contractor, addressed the
requirements of underground lines, the current need to raise the
existing lines and the financial impact on the project if required to
relocate the above ground line to underground lines.
Opposed Fredrick Sykes, West Covina resident, opposed the granting of the
appeal and asked the Council to follow the recommendation of the
commission and staff and addressed liability issues to the city if
approved.
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City Council Minutes of June 17, 2008
Joanne Wilner, West Covina resident, recommended Council deny
approval of the appeal and follow staffs recommendation. .
Royall Brown, West Covina resident, supported the requirement to
.place the utility lines underground..
Rebuttal Sean Yuan, appellant, stated that all new lines of the project will be
installed underground and the issue is in regards to the existing
lines in the side yard. The request is to raise the. existing lines and
not relocate, which would be required by our code to then be
underground, requiring a modification.
Close Testimony With no others wishing to address the council, Mayor Lane closed
the public testimony portion of the hearing.
Council discussion Councilmember Touhey stated the situation is unique and an above
ground pole will need to be installed regardless due to the design,
therefore not eliminating above ground lines for the project.
Motion Motion by Touhey and second by Herfert to overturnthe decision
of the Planning Commission and approve the appeal as presented.
Motion carried by 4 — 0.
Public Hearing .
E-3 Fee and Charges Schedule
Fees & Charges Schedule Mayor Lane announced the hearing matter. Assistant City Clerk
Rush verified that proper legal notice had been given and Mayor
Lane then opened the hearing. Finance Controller Swink presented
the staff report. As proposed, new fees are estimated to generate
an additional $165,000 in revenues with $147,000 to the General
Fund.
Public Testimony Mayor Lane opened the public testimony portion of the hearing
and asked for public comments.
Joanne Wilner, West Covina resident, inquired about the change in
a fee for Ridge Rider corral usage and inquired how a paving fee
was arrived at.
Community Services Director McNeill stated the change in the
corral usage fee is actually a correction [previous misprint] to the
fee and charge schedule, there is not actual change in fee.
Close Testimony With no others wishing to address the council, Mayor Lane closed
the public testimony portion of the hearing.
Councilmember Herfert stated that due to the current state of the
economy, the increases are measures to bring in additional
revenue.
Assistant City Clerk Rush presented the following resolution:
Resolution No. 2008-41 RESOLUTION NO. 2008-41 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY. OF WEST COVINA, CALIFORNIA,
SETTING AND INCREASING CERTAIN FEES
Motion by Herfert and seconded by Sanderson to waive further
reading of the resolution and adopt. Motion carried 4-0.
CONTINUED JOINT PUBLIC HEARING
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City Council Minutes of June 17, 2008
E-4 Authorizing an Election and CDC's and City Council's Votes
on a Special Tax Levy and Extension of the Coastal Sage and
Scrub Community Facilities District's Authorized Facilities
and Services
E-5 Election on the Extension. of the Coastal Sage and Scrub
Community Facilities District's Public Facilities and Services
and the Levy of Special Taxes, and Certification of the Election
Results
Coastal Sage & Scrub Special Tax City Attorney Alvarez-Glasman stated that this item was removed
from the agenda by the City Manager at the beginning of the City
Council meeting, there is no need to continue to a future date and
no action is required.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Lane recessed the City Council meeting at 8:13 p.m. to
convene the CDC. The City Council reconvened at 8:15 p.m. with
all members present except Councilmember Hernandez.
DEPARTMENTAL MATTERS
Finance Department
G-1 2008-09 Fiscal Year Preliminary Budget Review
Budget Review City Manager Pasmant made introductory comments regarding the
current state of the budget: Pasmant stated that a status quo budget
will result with a budget deficit of approximately $7.9 million.
Several of the proposed recommendations include the restructuring
of departments, reduced services levels, suspension of cable
programming, and reduced City Hall hours. All departments have
been directed to reduce their budgets by 5%.
Finance Director Bachman presented the report along with
a PowerPoint presentation overview. The presentation highlighted
approved reductions: pre -paying of Ca1PERS contributions;
department restructurings, police officer signing bonus suspension,
5% reduction for all departments, various new fees, and
miscellaneous changes, all which will total an approximately $5.2
million in reductions, resulting in a proposed 2008-09 General
Fund deficit of $2,125,183. In summary, the proposed budget will
continue through the year as a work in progress.
Council discussion Discussion followed by the Council on the current economic status
and the difficult times ahead. Councilmember Sanderson
expressed her concern with the elimination of cable programming
and requested that staff continue promoting City events and
informing residents of City news through all other avenues.
Assistant City Clerk Rush presented the following resolution:
Resolution No. 2008-42 RESOLUTION NO. 2008-42 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE CITY OF WEST COVINA OPERATING
BUDGET, COMMUNITY DEVELOPMENT COMMISSION
BUDGET, CAPITAL IMPROVEMENT PROGRAM AND
LOCAL ENFORCEMENT AGENCY BUDGET AND
APPROVING THE APPROPRIATIONS FOR THE FISCAL
YEAR. COMMENCING JULY 1, 2008 AND ENDING JUKE 30,
2009
Motion Motion by Herfert and second by Sanderson to waive further
reading of the resolution and adopt. Motion carried by 4 — 0.
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City Council Minutes of June 17, 2008
COUNCILMEMBER COMMENTS
Councilmember Touhey addressed making difficult budget choices
and negative comments directed towards councilmembers through
blogs.
ADJOURNMENT Motion by Lane and second by Herfert to adjourn the meeting at
8:45 p.m. in memory of Rogelio Hernandez, Councilmember
Hernandez' father; and Norm Papas of West Covina Elks. Motion
carried by 4 — 0.
Submitted by:
Mayor Sherri Lane
E