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05-03-2011 - Regular Meeting - MinutesMINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION May 3, 2011 Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:05 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 Tem/Vice Chair Touhey Councilmembers/Commissioners Armbrust, Lane, Sanderson CHANGES TO THE AGENDA Mayor Pro Tern Touhey requested Item 6 be held over. With no objection, Item 6 was carried over to a future meeting. PRESENTATIONS None REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Scott Nichols reported the following: Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. All members were present. Items on the agenda: Conference with Labor Negotiators — Employee Organizations: W.C. Police Officers' Association, W.C. Police Management Association, W.C. Firefighters Association, I.A. F. F., 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 Manager Pasmant and Finance Director Bachman gave reports on the various negotiations with employee groups with no reportable action taken. Conference with Real Property Negotiators — Property: 1515 East Amar Road — Deputy City Attorney Nichols reported that this item and the following item are dealing with the same property on Amar and Azusa regarding improvements to the intersection and negotiating for a right of entry on that property. A report was made by the City Attorney and City Engineer with no reportable action. Conference with Legal Counsel — Anticipated Litigation — One Case— See comments on previous item. City Council/CDC Minutes May 3, 2011 ORAL COMMUNICATIONS Bruce Leinbach Bruce Leinbach, West Covina resident, addressed two active community members who recently passed away; commented on statements made at a recent meeting by Herb Redholtz as negative and unnecessary; and addressed a notice received by Suburban Water regarding a rate increase. Mayor Pro Tern Touhey commented on the water rate increase. Mayor Herfert stated he would write a letter opposing the water increase. Mayor Herfert spoke in support of the comments made by Herb Redholtz as not negative but as pointing out inaccuracies and presenting factual information. City Manager Pasmant stated there are certain deadlines to meet regarding Item 6 and that Council may want to reconsider the item this evening. Mayor Herfert stated he would call a special meeting if necessary. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Minutes Special City Council Minutes of April 19, 2011 Regular Joint City Council/CDC Minutes of April 19, 2011 Commission Summary of Actions (receive & file) 2) Summary of Actions Human Resources Commission - 04/14/10, 05/12/10, 07/01/10, 07/22/10, 08/11/10, 09/08/10, 09/15/10, 11/11/10, 12/02/10, 12/09/10, 01/12/11, 01/13/11, 01/20/11 & 02/28/11 3) Summary of Actions Planning Commission — 04/12/11 & 04/26/11 Treasurer's Report (receive & file) 4) City Treasurer's Report City Treasurer's Report for the Month of March 2011 5) CDC Treasurer's Report CDC Treasurer's Report for the Month of March 2011 The following Item 6 was held over to a future meeting. Finance Department — Miscellaneous 6) California Communities Tax Revenue Anticipation Notes Tax Revenue Anticipation Notes Recommendation is that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AND APPROVING THE BORROWING' OF FUNDS FOR FISCAL YEAR 2011-2012; THE ISSUANCE AND SALE OF A 2011-2012 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM Public Works Department — Miscellaneous Citywide Lighting and Maintenance District Preliminary Approval 7) of the Engineer's Report LMD Approval -Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No. 2011-24 RESOLUTION NO. 2011-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 21, 2011 TO 2 City Council/CDC Minutes May 3, 2011 APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT West Covina Citywide Sewer Service Charge Setting a Public 8) Hearing Date on Method of Collection and Fee Increase Sewer Svc Charge -Set Hearing Date Recommendation is that the City Council adopt the following resolution: Resolution No. 2011-25 RESOLUTION NO. 2011-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JULY 5, 2011 FOR A PUBLIC HEARING ON METHOD OF COLLECTION AND FEE INCREASES Extension of Landscape Maintenance Contract for City Parks and 9) Civic Center Mariposa Landscape Contract Recommendation is that the City Council approve a second five- year extension to the current landscape maintenance contract for City parks and Civic Center with Mariposa Horticultural Enterprises, Inc. effective July 1, 2011, with a 9% reduction on the current contract price and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. CONSENT CALENDAR ACTION Motion by Lane and seconded by Sanderson to approve all items on the Consent Calendar as presented except Item 6 — California Communities Tax Revenue Anticipation Notes to be held over. Motion carried by 5 — 0. HEARINGS Public Hearing FY 2011-2012 Community Development Block Grant (CDBG) 10) Action Plan CDBG Action Plan FY 2011-2012 Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert then proceeded to open the hearing and Management Analyst Kelly McDonald presented a brief report stating that the City is required to prepare an Annual Action Plan which details how the annual allocation of CDBG funds from the U.S. Department.of Housing and Urban Development (HUD) will be spent in the fiscal year. In addition, because the CDBG grant amounts for FY 2011- 2012 are preliminary and represent a decrease of $213,983, or, a -16.6% change from the current year allocation, staff recommends that the budget amounts be adjusted on a percentage basis once the City's allocation is finalized and said they would also work toward mitigating fiscal impact to the General Fund. Open Testimony Mayor Herfert opened the public testimony portion of the hearing and called for public comments. Close testimony There being no one wishing to address Council, Mayor Herfert closed the public testimony portion of the meeting. Council discussion Mayor Pro Tern Touhey expressed caution over use of funding and Mayor Herfert concurred. Motion Motion by Armbrust and seconded by Touhey to approve the proposed FY 2011-2012 CDBG Action Plan. K City Council/CDC Minutes May 3, 2011 CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Mayor Steve Herfert Request from Mayor Steve Herfert Requesting the City Council's Consensus to Instruct City Staff to Prepare a Staff Report Seeking Support from our California Legislators to Introduce Legislation to Require the Same Levels of Transparency of the State of California that is Mandated on 11) Local Governments Transparency Legislation Mayor Herfert requested a report to propose legislation that would require that State officials have the same levels of transparency as required of local governments. Motion Motion by Herfert and seconded by Sanderson to direct staff to bring back a report proposing legislation to require the same levels of transparency of the State as are required of local government. Motion carried by 5 — 0. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Subniitte by: AssistaritCity Clerk Susan Rush Councilmember Sanderson requested a report to review any legislative bills being adopted by the State that will have an impact on the City. Mayor Herfert announced that the City Council would be returning to closed session. Motion by Touhey and seconded by Armbrust to recess the regular City Council meeting at 7:35 p.m. and return to closed session. Mayor Herfert adjourned the meeting at 8:25 p.m. 4