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06-02-2009 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 2, 2009 Mayor Pro Tem Sanderson called to order the regular meeting of the West Covina City Council at 7:15 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Touhey ROLL CALL Mayor Hernandez (arrived 7:50 p.m.), Mayor Pro Tern Sanderson Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION City Attorney Arnold Alvarez-Glasman reported the following: All members were present except Mayor Hernandez and Councilmember Touhey and prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Legal Counsel — Anticipated Litigation — one case — Sue Williams — Council received briefing with no further action and nothing further to report. Conference with Legal Counsel — Existing Litigation — Chung vs. City of West Covina — Council received briefing with no further action and nothing further to report. Conference with Labor Negotiators — Employee Organizations: W.C. Police Officers' Association, W.C. Police Management Association, W.C. Firefighters Association, LA.FF, Local 3226, W.C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, General Employees; Mid -Management Employees; Non -Sworn Safety Support Employees — Council discussion ensued with no further action and nothing further to report. CHANGES TO THE AGENDA City Manager Pasinant announced that a supplement report had been submitted to the Council for item D-8h, "Extension of the California Street Hockey Association Contract through 2024". PRESENTATIONS Mayor Pro Tern Sanderson presented John Hughes with a certificate of recognition for being honored by the L.A. County Commission on Aging at the 44"' Annual Older Americans Recognition Day Awards. Mayor Pro Tern Sanderson, assisted by Community Services Director Michele McNeill, recognized members of the West Covina Youth Council for their service to the community. Mayor Pro Tern Sanderson presented Johnny Chua, President of the San Gabriel Valley Filipino -American Chamber of Commerce, a proclamation designating June 8 — 14, 2009 as Filipino Heritage Week. City Council Minutes of June 2, 2009 ORAL COMMUNICATIONS Dina Zaklama Dina Zaklama, West Covina Heights Wells Fargo Branch Manager, announced the new branch located at West Covina Heights. Herb Redholtz Herb Redholtz, West Covina resident, complimented Royal Coaches on their outstanding work; voiced support of the proposed Commission Rules of Decorum however, requested clarification on some'of the language and terms of the rules. Alfred Williams Alfred Williams, West Covina resident, addressed the cost of the proposal by an independent agency to review and validate the impacts of the proposed council district initiative; commented on the development of the senior housing project on Workman; and lack of cable TV access. Steve Bennett Steve Bennett, West Covina resident, representing Pacific Coast Little League, opposed the $10 per player fee being proposed in the fee & charge schedule, citing reduced registration in the leagues due to the economy and this fee would also impact future league registration. Thomas O'Donnell Thomas O'Donnell, West Covina resident, addressed council districts expressing his opposition and urging professional governance. Fred Sykes Fred Sykes, West Covina resident, addressed report on the effects of the proposed council districts and and supported Royal Coaches for tow service provider. Charlie Al-Badawi Charlie Al-Badawi, owner of Bob's Towing, spoke of the benefits of his company and desire to serve West Covina and requested Council consideration for award of tow contract. Taz AI-Badawi Taz Al-Badawi, Bob's Towing, addressed benefits of Bob's Towing verses other contract bidder. Mayor Hernandez arrived at 7:50 p.m. Moe Al-Badawi Moe Al-Badawi, Bob's Towing, requested council's consideration of Bob's Towing. Mark Pemberton Mark Pemberton, Account Manager for Bob's Towing, presented a map showing the benefits of the company's location to provide service. Wayne Blake Wayne Blake, Manager of Bob's Towing, stated his support for the City's decision to have two companies serve West Covina and encouraged Council to select Bob's Towing as one of the two. Eddie Navarro Eddie Navarro, Navarro's Towing, provided a background of Navarro's Towing, and requested an opportunity to serve West Covina. Miguel Navarro Miguel Navarro's Towing, spoke on behalf of Navarro's Towing and requested Council's support. Norma Alejo Norma Alejo, Navarro's Towing, spoke on the company's growth and involvement in the community and their desire for an opportunity to. serve West Covina. 2 City Council Minutes of June 2, 2009 John Shewmaker John Shewmaker, West Covina resident, commented on the proposed district measure stating that it was not practical. Gary Lawson Gary Lawson, Greater West Covina Business Association, expressed his support for Royal Coaches. Shirley Buchanan Shirley Buchanan, West Covina resident, addressed staff reports that are posted on the web and requested that all attachments be available. Art Ballin Art Ballin, West Covina resident and West Covina Youth Soccer, spoke on the proposed increase of fees on the leagues and the difficulty this will create. CONSENT CALENDAR Mayor Pro Tern Sanderson requested that Item D-8e, City Commissioner Rules of Conduct and Decorum be pulled from the Consent Calendar for separate consideration. D-1 City Council Meeting Minutes (receive & tile) • Regular Meeting of January 20, 2009 • Special Meeting of February 3, 2009 • Regular Meeting of February 3, 2009 • Special Meeting of February 10, 2009 • Regular Meeting of February 17, 2009 D-2 Commission Summary of Actions (receive & file) No reports for this meeting. D-3 Claims Against the City of West Covina Claims Against the City Government Tort Claim Denials (deny & notify claimant) Recommendation is that the following Government Tort Claims be denied and the claimants and/or respective attorneys be so notified. • 21" Century/Tavarez vs. City of West Covina • Arthur Ramirez vs. City of West Covina • Marilyn Kaye McClinton vs. City of West Covina D-4 Ordinance for Adoption Ordinance Amending Procedures for the Setting of Sewer Fees by Resolution Ordinance No. 2192 ORDINANCE NO. 2192 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE PROCEDURES FOR THE SETTING OF SEWER FEES BY RESOLUTION D-5 Award of Purchase Sewer Crawler Camera Purchase of Crawler Camera for Sewer Inspection Recommendation is that the City Council take the following actions: 1. Establish Capital Improvement Program Project No. SP-091 l2 (189.81.8949.7160) for the purchase of a sewer inspection crawler camera. 2. Transfer $30,000 from 189.81.8846.7200 (Sewer Fund) and $27,430.82 from 189.81.8929.7200 (Sewer Fund) to 189.81.8949.7160. 3. Waive the formal contract procedures and "piggyback" on the fonnal bid of the City of Bullhead City's bid 1FB-08-001 to purchase a sewer inspection crawler camera from Advanced Infrastructure of Gardena, CA, for a total cost of $57,430.82. I City Council Minutes of June 2, 2009 D-6 Traffic Committee Minutes of May 19, 2009 (accept & file) Traffic Committee Minutes L Enrique Gonzales, West Covina resident That traffic conditions be reviewed at the intersection of South Hills Drive and Cameo Vista Drive. D-7 Treasurer's Report Traffic Committee Recommendations That Stop signs and appropriate pavement markings be placed on the north and southbound approaches of South Hills Drive at Cameo Vista Drive and the eastbound approach of Cameo Vista Drive at South Hills Drive. That Stop signs be installed on northbound South Hills Drive at Casa Grande Drive, eastbound Casa Linda Drive at South Hills Drive, and eastbound Queen Summit Drive at South Hills Drive. City Treasurer's Report (receive & file) Report for the Month of April 2009 D Miscellaneous — City Attorney's Office D-8a City Ticket Distribution Policy for City Officials Ticket Distribution Policy Recommendation is that the City Council adopt the following resolution: Reso No. 2009-24 RESOLUTION NO. 2009-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A TICKET DISTRIBUTION POLICY Miscellaneous — City Clerk's Office Procedure Resolution Regarding Reading Titles and Waiving the D-8b Further Reading of Ordinance and Resolutions on the Agenda Resolution/Ordinance Titles Recommendation is that the City Council adopt the following resolution: Reso No. 2009-25 RESOLUTION NO. 2009-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ESTABLISHING PROCEDURES REGARDING READING TITLES AND WAIVING FURTHER READING OF ORDINANCES AND RESOLUTIONS ON THE AGENDA D-8c Destruction of Documents as Prescribed by Law Document Destruction Recommendation is that the City Council adopt the following resolution authorizing the destruction of specific records: Reso No. 2009-26 RESOLUTION NO. 2009-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Miscellaneous — City Manager's Office Resolution Supporting the City of Diamond Bar and City of industry's Efforts to Seek Funding to Improve the 57/60 D-8d Interchange 57/60 Interchange Improvements Recommended that the City Council adopt the following resolution: Reso No. 2009-27 RESOLUTION NO. 2009-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING THE STATE ROUTE 57/STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS AS IDENTIFIED IN THE LOS ANGELES COUNTY METRO 2008 LONG RANGE TRANSPORTATION PLAN AND IN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 2008 REGIONAL TRANSPORTATION PLAN M City Council Minutes of June 2, 2009 This item removed for separate consideration D-8e City Commissioner Rules of Conduct and Decorum Commissioners Rules of Conduct Recommendation is that the City Council instruct City Staff to: 1. Adopt the City of West Covina Commissioner Rules of Conduct & Decorum; and 2. Introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-67(g) OF THE WEST COVINA MUNICIPAL CODE CLARIFYING THE PROCEDURES TO REMOVE A CITY COMMISSIONER D-8f Letter in Opposition to AB 155 — Municipal Bankruptcy Opposition to AB 155 Recommendation is that the City Council instruct City staff to forward a letter in opposition to AB 155 — Municipal Bankruptcy to the State elected officials representing West Covina, League of California Cities, and Contract Cities. Resolution Finding a Severe Financial Hardship if the State of California Takes Additional Property Tax Funds from the City of D-8g West Covina State Takes Property Tax Funds Recommendation that the City Council adopt the following resolution: Reso No. 2009-28 RESOLUTION NO. 2009-289 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA Miscellaneous — Community Services Department Extension of the California Street Hockey Association Contract D-h8 through 2024 California Street Hockey Contract It is recommended that the City Council approve an eight -year extension of the California Street Hockey Association contract from June 30, 2016 through June 30, 2024. Miscellaneous — Fire Department D-8i Authorization for Fireworks Display Fireworks Display Recommendation is that the City Council authorize the following fireworks displays: 1. Fireworks display at the West Covina High School graduation ceremony to be held on June 11, 2009. 2. Fireworks display for the City of West Covina Independence Day Celebration to be held on July 4, 2009, at Edgewood Middle School. Miscellaneous — Public Works Department Request for Reallocation of Property Taxes Los Angeles County Sanitation District No. 22 (Annexation No. 383) Location: Holt Avenue between Grand Avenue and South D-8j t Garvey Avenue (10 Single -Family Residences) Sanitation District No. 22 Recommendation is that the City Council adopt the following resolution: Resolution No. 2009-29 RESOLUTION NO. 2009-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING 5 City Council Minutes of June 2, 2009 NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 383 Coastal Sage and Scrub (CSS) Community Facilities District D-8k Special Tax Rate Adjustment CSS Tax Rate Adjustment Recommendation is that the City Council adopt the following resolution: Resolution No. 2009-30 RESOLUTION NO. 2009-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ADJUST THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT SPECIAL TAX RATE Miscellaneous — Risk Management D-81 Worker's Compensation Medicare Set Aside Services Workers' Comp Medicare It is recommended that the City Council approve the proposal of CorVel Enterprise Comp, Inc., to provide Medicare Agent Services related to the City of West Covina's self -insured workers' compensation program. AB1234 Conference and Meeting Report (receive & file) AB-1234 International Council of Shopping Centers (ICSC) D-9 Meeting and Conference Report AB 1234 Report Recommendation is that the City Council receive and file the report. CONSENT CALENDAR ACTION Motion by Sanderson and second by Lane to introduce/adopt ordinances/resolutions as recommended and approve all items except Item D-8e City Commissioner Rules of Conduct and Decorum. Motion carried 5-0. Item D-8e City Commissioner Rules of Conduct and Decorum — Deputy City Manager Freeland gave a brief summary of the report and addressed the concerns of the speakers request for clarity to specific language. Following discussion, amended verbiage to the Rules of Conduct & Decorum were proposed as follows: Rule 2-d — Directing City Staff changed to other than within the context of a commission meeting, subject to the consensus of the members of the Commission and subject to the review and approval of the Department Head and City Manager, and consistent with the Municipal Code. Rule 6 — Remove "to influence an election" and change to other than permitted by law. Municipal Code Section 2-67(g) — Remove the word another in the sentence ".may not be appointed to another City Commission..." and replace with the word any. Motion Motion by Sanderson and seconded by Herfert to introduce the ordinance with the proposed amendments. Substitute Motion Substitute motion by Mayor Hernandez to bring back the changes to allow for review of the amendments before approving them. City Attorney Alvarez-Glasman explained that there will be opportunity at the next meeting to address any changes as the y policy cannot go into effect until the ordinance is adopted. ro City Council Minutes of June 2, 2009 Action on original Motion Motion carried by 4 — 1 (Hernandez - abstained). PUBLIC HEARINGS Public Hearing Amendments to the FY 2008-2009 Community Development E-I Block Grant (CDBG) Action Plan CDBG 2008-2009 Action Plan Mayor Hernandez announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez opened the hearing and Management Analyst McDonald presented a brief report. Councilmember Herfert inquired about the type of equipment to be installed at Palm View Park. Analyst McDonald responded that it is yet to be determined. Councilmember Touhey inquired into current youth assistance funding and requested staff work with Federal representatives for special allocations for youth programming. Public testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. Closed testimony With no one wishing to address Council, Mayor Hernandez closed the public testimony portion of the hearing. Motion Motion by Touhey and seconded by Herfert to approve the proposed amendments, which incorporate CDBG-R Funds into the FY 2008-2009 CDBG Action Plan. Motion carried by 5 — 0. Public Hearing E-2 West Covina Auto Plaza Business Improvement District 2009- Auto Plaza BID 2010 Annual Report and Assessment Mayor Hemandez announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez opened the hearing and Management Analyst Curtin provided a brief summary of the report. Mr. Curtin stated that Bill McGraff, president of the Auto Plaza Business Improvement District Board was available to answer any questions. In response to Mayor Hernandez's request as to current reader board technology, Mr. McGraff stated that due to the current economic environment, the Board is proposing to maintain the current reader. Assistant City Clerk stated that no written comments had been received regarding the Annual Report and Assessment. Public testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. Closed testimony With no speakers wishing to address Council, Mayor Hemandez closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Reso No. 2009-31 RESOLUTION NO. 2009-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2009-2010 fll City Council Minutes of June 2, 2009 Motion Motion by Touhey and seconded by Herfert to waive further reading of the resolution and adopt the resolution. Motion carried by5-0. Public Hearing E-3 West Covina Landscape Maintenance District No. 6 E-4 West Covina Landscape Maintenance District No. 7 Landscape MD No. 6 & 7 Mayor Hernandez announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez proceeded to open the hearing for both Landscape Maintenance Districts Nos. 6 & 7. Public Works Director Yauchzee gave the report explaining that an increase of 5% in MD 6 is being recommended to cover ongoing costs of maintenance. With no increase reserves would be depleted in approx. 2013 In MD 7, staff recommends a 10% increase to cover ongoing costs of maintenance improvements. With no increase, the reserves will be depleted by approx. 2012. Reserves are necessary for cash, future capital improvements and emergency repairs. Assistant City Clerk Rush confirmed that no written comments or objections had been received. Public testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. Closed testimony With no speakers wishing to address Council, Mayor Hernandez closed the public testimony portion of the hearing. Reso No. 2009-32 RESOLUTION NO.2009-32 — A RESOLUTION OF THE CITY MD No. 6 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT; AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009 Reso No. 2009-33 RESOLUTION NO. 2009-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT; AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009 Motion Motion by Sanderson and seconded by Lane to approve Alternative #I, staff recommend, for Landscape MD No. 6 and 7, and adopt each resolution. Motion carried 4 — 1 (Touhey — No). Public Hearing E-5 Fees and Charges Fees and Charges Mayor Hernandez announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez then opened the hearing and City Controller Swink presented the staff report regarding proposed fee and charges, citing that it is estimated to generate $307,766. The report outlined proposed changes in the current fees and new fees. E City Council Minutes of June 2, 2009 Proposed new fees for paid parking at the Civic Center, transportation fare increases and fees for impounding of waste containers will require further action prior to implementation. Staff responded to questions from council. Councilmember Touhey inquired about police multiple response fees and why they have not increased. City Manager Pasmant said staff would look into the matter and report back to Council. Public testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. In Favor Lloyd Johnson, West Covina West Covina resident, stated his support for an increase in parking fees and fines In Opposition Steve Bennett, West Covina resident, spoke in opposition to the increased sports fee citing the added burden on families with youth and submitted a signed petition by parents. Community Services Director McNeill explained the proposed sports league fees. Art Ballin, West Covina resident, suggested transferring some of the tasks/burdens by the sports leagues to the City that would offset the $10 fee. Nancy Martinez, West Covina resident, did not speak but indicated her opposition, for the record. Colette Lewis, West Covina resident and representing Galaxy Little League, spoke on the financial hardships to the families with the additional $10 sports fee and the league's numerous expenses including those paid to Williamsport, PA for the field. Manuel Martinez, West Covina resident, did not speak but indicated his opposition, for the record. Royall Brown, West Covina resident, addressed the terminology in the report relative to whether the Library property should be included with the Civic Center paid parking revenue and requested clarification. Closed testimony t Mayor Hernandez closed the public testimony portion of the hearing. t Council discussion Councilmember Touhey stated he had concerns regarding the fees for the use of the fields by sports leagues and is opposed and requested that fees for the Police Department jail, bookings and DUI's be reviewed to see when they were last increased. Councilmember Herfert asked for clarification on the new fee for Public Horseback Riding instruction permit fees. Community Services Director McNeill stated that the permit fee is for instruction and that public use is still free of charge. Councilmember Lane stated her opposition to increased fees for youth sports and requested that fees that have not been increased be reviewed. Mayor Hernandez stated his support for Civic Center parking fees and increased law enforcement fees for disturbance calls and false I City Council Minutes of June 2, 2009 alarms but opposed fees on youth sports, and suggested the annexation of certain areas surrounding the city. Mayor Pro Tem Sanderson stated she would not support the fee and charge schedule as presented. City Manager Pasmant stated he would bring back a revised report which will address several of the council concerns. Motion Motion by Sanderson and seconded by Lane to send back to staff for further review and to incorporate council's requests on law enforcement/traffic violation increases. Motion carried 5 — 0. Mayor Hernandez commented that the City should also make reductions within as well as the reductions to public services and programs Public Hearing Federal Transit Administration Section 5310 (Elderly & Disabled E-6 Specialized Transit) Grant Program Transit Grant Mayor Hernandez announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez opened the hearing and Community Services Director McNeill presented a brief summary of the report. Public testimonv Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. Closed testimonv With no speakers wishing to address Council, Mayor Hernandez closed the public testimony portion of the hearing. Resolution No. 2009-34 RESOLUTION NO. 2009-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING TO THE GOVERNOR THAT NO NON-PROFIT CORPORATIONS OR ASSOCIATIONS ARE READILY AVAILABLE IN THE SERVICE AREA TO PROVIDE THE PROPOSED DIAL -A -RIDE SERVICE TO ELIGIBLE WEST COVINA RESIDENTS Motion Motion by Touhey and seconded by Lane to adopt the resolution. Motion carried 5 — 0. COMMUNITY DEVELOPMENT COMMISSION Mayor Hernandez recessed the City Council meeting to convene the Community Development Commission meeting at 9:35 p.m. The City Council reconvened at 9:36 p.m. with all members present. DEPARTMENTAL MATTERS City Manager's Office Report on Initiative Measure to Change the Method by Which City Voters Elect Members to the City Council from an "At -Large" G-1 Process to a `By -District" System Initiative Measure Mayor Hernandez announced the item and asked if council had any questions. Councilmember Herfert stated he would not support a study by an independent company at this time and requested a staff report be presented. Deputy City Manager Chris Freeland gave a brief report covering those items specifically requested by Council on May 5, 2009 regarding the effects and impacts of the initiative measure. The 10 City Council Minutes of June 2, 2009 I report also covered areas of impact that were incomplete when the report was presented to the council on May 5, 2009. Council engaged in discussion regarding the proposed ordinance to establish council district and staff answered questions. Motion Motion by Sanderson and seconded by Lane to receive and file this report. Motion carried 5 — 0. Police Department C-2 Tow Contract Tow Contract Mayor Hernandez announced the subject matter. Commander Mark Dettor provided a brief report. The current tow contract for the two tow areas will expire in June 2009 and a Request for Proposals was released in April with the stipulation of 30% of gross revenues as the minimum bid. Commander Dettor responded to questions and also explained the variation of fees associated with towed vehicles. Council discussion followed regarding revenues from impounding vehicles, lien fees, and what percentages are going to the City. Bill Salazar of Royal Coaches explained lien fees and fees collected through lien sales. Councilmember Herfert expressed his support for awarding Area 1 to Royal Coaches due to their annual guarantee of $100,000 and percentage of lien sales, and awarding Area 2 to Bob's Towing due to their high gross revenue minimum and location proximity to the area. At the request of the Mayor, Chief Wills spoke of the service received by Royal Coaches during the past contract period. Mayor Hernandez stated that Royal Coaches participates in community programs and provides exceptional service and partnership with the city. Motion Motion by Hernandez to retain Royal Coaches to service both Area 1 and Area 2. Councilmember Lane expressed her opinion to retain two contracts due to the city's size and to protect the city in the event of a defaulting contractor and supported Royal Coaches for Area 1 and Bob's Towing for Area 2. Following further discussion regarding the two companies, Mayor Hernandez reiterated his motion to retain Royal Coaches for both service Area 1 and service Area 2. Motion dies due to lack of second. Motion Motion by Herfert and second by Sanderson to award Area 1 to Royal Coaches and Area 2 to Bob's Towing. Mayor Hernandez inquired about the RFP process. Finance Director Bachman responded that the original RFP was canceled and a second RFP was released. City Manager Pasmant stated that council direction was not included in the original RFP and council was notified. Police Chief Wills and Purchasing Supervisor Sue Sindelar responded to questions regarding the RFP process to confirm that the process was appropriately conducted. 11 City Council Minutes of June 2, 2009 Action on Motion Motion to award towing contracts to Royal Coaches for Area I and to Bob's Towing for Area carried 4 — 1 (Hernandez — No). Mayor Hernandez recommended that all remaining items be held over to the next meeting due to the late hour. The consensus of the council was to continue with the few remaining items. Mayor Hemandez excused himself from the remainder of the meeting at 10:45 p.m. for the reason of not feeling well. Finance Department G-3 2009-10 Fiscal Year Preliminary Budget Preview Budget Preview City Manager Pasmant made introductory comments regarding the current state of the budget and Finance Director Bachman gave a detailed report on the effects of the decline in the economy on the City's revenues and included a PowerPoint presentation outlining the projections to reduce the deficit. Current recommendations to reduce the deficit include selling of Prop A funds; transfer between funds; prepaying PERS contributions; an additional 5% reduction in all non -safety public employees; further cuts in the Community Services department and employee concessions. Motion Motion by Herfert and second by Sanderson to approve the budget as presented and adopt the following resolution. Resolution No. 2009-35 RESOLUTION NO. 2009-35 — 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, 2009 AND ENDING JUNE 30, 2010. Motion carried 4-0. COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Mayor Roger Hernandez Request from Mayor Roger Hernindez Requesting the City Council Instruct City Staff to Prepare a Report for the City Council to Consider a Mandatory Spay and Neuter Program I-1 for Doas Spay/Neuter Program Councilmember Touhey asked for and received Council consensus to hold this item over to the next meeting. ADJOURNMENT Motion by Touhey and seconded by Herfert, to adjourn the meeting at 11:23 p.m. in memory of Patricia Allen, wife of City of Covina Mayor Walt Allen. Motion carried by 4 — 0. MaycrRoge Hemandez 12