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06-07-2011 - Regular Meeting - MinutesMINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION June 7, 2011 Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:10 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Councilmember Sanderson ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey Councilmembers/Commissioners Armbrust, Lane, Sanderson CHANGES TO THE AGENDA None PRESENTATIONS None REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Matt Gorman reported the following: Prior to convening into closed session, all items on the City Council/Community Development Commission agenda were announced for inclusion in the closed session discussion. All .members were present. Items on the agenda: Conference with Legal Counsel — Existing Litigation — Christopher Chung v. City of West Covina — A report was provided by staff with no action taken and nothing further to report. Conference with Legal Counsel — Existing Litigation — City of West Covina v. Rehab Financial Corporation, et al. — A briefing was provided by staff with Council voting to dismiss the matter 4- 0-1 (Touhey abstained). 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 — A report was provided by staff with no final action and nothing further to report. Conference with Real Property Negotiators — Property: APN Nos. 8474-007-035, 037, 928, 932 and 934 — A report was provided by staff with no final action and nothing further to report. City Council/CDC Minutes June 7, 2011 ORAL COMMUNICATIONS John Shewmaker John Shewmaker, West Covina resident, commented on issues with the West Covina School Board and how these issues do have an impact on the City as a whole, encouraging the council to be informed. Joaquin Castaneda Representative for Assemblymember Roger Hernandez read a letter to the Council written by Assemblyman Hernandez in reference to recent legislation the Assemblyman introduced. The intent of the letter was to clarify any concerns the City had following the City's analysis of the bills. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the Castucci Foundation for the support of the Memorial Day celebration at the American Legion Hall and addressed using cell towers profits to fund council meeting cable coverage. Don Fernald Don Fernald, Rowland Unified School District Police Chief, presented Mayor Steve Herfert a certificate of recognition for the City from State Assemblyman Charles M. Calderon for the City's support of the "Every 15 Minutes Program" at Nogales High School and asked for Council's support of Item #10 — Lease Agreement with Rowland Unified School District to Co -Locate Two Public Safety Antennas on BKK Radio Tower. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Minutes Special City Council Minutes of May 3, 2011 Regular Joint City Council/CDC Minutes of May 3, 2011 Special City Council Minutes of May 9, 2011 Commission Summary of Actions (receive & file) 2) Summary of Actions Community Services — March 8, 2011 3) Summary of Actions Planning Commission — May 24, 2011 4) Summary of Actions Senior Citizens Commission — February 24, 2011 Government Tort Claim Denials (deny & notify claimant) 5) Claims Against the City Gary Zarubick vs. City of West Covina Yvette Mendoza vs. City of West Covina Alliance United Insurance/Moise Sucres vs. City of West Covina Farmers Insurance/Crystal Waters vs. City of West Covina Rocio Ayard vs. City of West Covina Award of Bid Award of Bid for Residential Street Rehabilitation Work 6) Project No. SP-11105 Residential Street Rehab Work Recommendation is that the City Council award the contract to All American Asphalt, Inc. in the amount of $647,000.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for the residential street rehabilitation work. Treasurer's Report (receive & file) 7) City Treasurer's Report City Treasurer's Report for the Month of April 2011 8) CDC Treasurer's Report CDC Treasurer's Report for the Month of April 2011 2 City Council/CDC Minutes June 7, 2011 City Clerk's Office - Miscellaneous 9) Initiating the November 8, 2011 General Municipal Election Initiating November 8 Election Recommendation is that the City Council adopt the following resolutions: Resolution No. 2011-27 RESOLUTION NO. 2011-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES Resolution No. 2011-28 RESOLUTION NO. 2011-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE Resolution No. 2011-29 RESOLUTION NO. 2011-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011 City Manager's Office — Miscellaneous Lease Agreement with Rowland Unified School District to Co- lo) Locate Two Public Safety Antennas on the BKK Radio Tower RUSD for Radio Tower Co -location Recommendation is that the City Council approve the proposed Lease Agreement authorizing Rowland Unified School District to co -locate two (2) public safety antennas on the BKK radio tower. 11) City of West Covina 2011 Legislative Platform Legislative Platform Recommendation is that the City Council adopt the proposed 2011 Legislative Platform to support/oppose county, state, and federal legislation as appropriate. Community Development Commission — Miscellaneous 12) Auto Plaza Business Improvement District Auto Plaza BID Recommendation is that the City Council adopt the following resolution: Resolution No. 2011-30 RESOLUTION NO. 2011-30 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2011- 2012, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 21, 2011 Fire Department — Miscellaneous 13) Authorization for Fireworks DisRlgy Fireworks Displays 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 9, 2011. 3 City Council/CDC Minutes June 7, 2011 2. Fireworks display for the City of West Covina Independence Day Celebration to be held on July 4, 2011 at Edgewood Middle School. Human Resources Department — Miscellaneous Resolution of Intention to Amend the Contract between Ca1PERS and the City of West Covina; First Reading of Ordinance to Amend the Retirement Benefit for Local Fire Members Entering 14) Membership for the First Time in the Fire Classification to 3% @ 55 PERS Contract Amendment Recommendation is that the City Council: I. Adopt Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the West Covina City Council; and 2. Introduce Ordinance authorizing an amendment to the contract between the Board of Administration of CaIPERS and the West Covina City Council; and 3. Authorize the City Clerk to execute required CaIPERS certifications and documents for local fire members entering membership for the first time in the fire classification (Safety), amending the retirement benefit to 3% at 55. • Form CON-12, Certification of the Governing Body's Action • Form CON-30, Certification of Compliance with Government Code Section 20475 Public Works Department — Miscellaneous Co -Operative Agreement with the County of Los Angeles to Procure Traffic Signal Control System Software and Hardware and 15) Traffic Signal Controllers LA County Co -Op Agreement Recommendation is that the City Council take the following actions: 1. Accept a grant in the amount of $780,000 from the County of Los Angeles to procure Traffic Signal Control System software, hardware, and traffic signal controllers and authorize the Public Works Director/City Engineer to execute a cooperative agreement with the County of Los Angeles. 2. Appropriate $475,000 from the grant to City Project No. TP- 11503 (Account No. XXX.85.8138.7800) and $305,000 from the grant to City Project No. TP-08504 (Account No. XXX.85.8852.7800). 3. Award the procurement of the Traffic Signal Control System software and hardware to Transcore in the amount of $431,303 and authorize the Public Works Director/City Engineer and City Clerk to execute a consultant agreement with Transcore. 4. Award the procurement of the traffic signal cabinets and controllers to Aegis/Econolite in the amount of $334,738 and authorize the Public Works Director/City Engineer and City Clerk to execute a consultant agreement with AegisEconolite. AB1234 Conference and Meeting Report (receive & file) International Council of Shopping Centers (ICSC) & Contract 16) Conference & Meeting Report Cities Meeting and Conference Report Recommendation is that the City Council receive and file the report. CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Armbrust to approve all items listed on the Consent Calendar as presented. Motion carried by 5 — 0. C! City Council/CDC Minutes June 7, 2011 HEARINGS Public Hearings 17) Landscape Mtc Distr. No. 4 West Covina Landscape Maintenance District No. 4 18) Landscape Mtc Distr. No. 6 West Covina Landscape Maintenance District No. 6 19) Landscape Mtc Distr. No. 7 West Covina Landscape Maintenance -District No. 7 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 Public Works Director Shannon Yauchzee gave a brief staff report stating that Landscape Maintenance Districts 4, 6 and 7 were created by the original developers in lieu of forming a Homeowner's Association. The funding collected for these maintenance districts is used to maintain landscaping, irrigation, hardscape and paseo lighting. The districts require annual renewal and, due to the Prop 218 cap, staff is recommending no increase for Maintenance Districts 4 and 6. In order to maintain ongoing improvements and to keep the reserve from dwindling, staff is recommending a 2% increase for Maintenance District No. 1. Without this increase, the reserves will dwindle and there will not be enough to cover cash flow, future capital improvements or any emergencies that may arise. Mr. Shannon then offered to answer any questions. Assistant City Clerk Rush confirmed that no written protests or objections had been received. Public testimony Mayor Herfert opened the public testimony portion of the hearing and called for public comments. Testimony closed There being no one wishing to address the Council, Mayor Herfert closed the public testimony portion of the hearing. Motion Motion by Sanderson and seconded by Armbrust to adopt the following resolutions. Motion carried by 4-0-1 (Touhey - No): Resolution No. 2011-31 RESOLUTION NO. 2011-31 — A RESOLUTION OF THE CITY OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2011 Resolution No. 2011-32 RESOLUTION NO. 2011-32 — 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. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2011 Resolution No. 2011-33 RESOLUTION NO. 2011-33 — 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, 2011 5 City Council/CDC Minutes June 7, 2011 MAYOR/COUNCILMEMBER/COMMISSIONER REPORTS Mayor Steve Herfert Legislation Requiring the State of California to be Subject to the Same Transparency and Disclosure Requirements that are Imposed 20) on Local Governments Transparency Legislation Mayor Herfert expressed his support for transparency by State officials and would like staff to create legislation for transparency and get local support by bringing back a resolution. Motion Motion by Herfert and seconded by Touhey to have staff create legislation and bring back a resolution supporting transparency on the State level including the Brown Act and disclosure equal to that of local government and to forward the resolution to California cities for support. Motion carried by 5 — 0. DEPARTMENTAL MATTERS Finance Department 21) 2011-12 Fiscal Year Preliminaryget Review Budget Review City Manager Pasmant made opening comments in which he pointed out the following: • The budget being presented will result in a status quo budget of a $7.3 million deficit being reduced to $1.8 million deficit. [Status quo budget being same level of service as fiscal year 2011 but with fiscal year 2012 costs] • Budget continue to make frontline public safety a priority • Budget as presented incorporates no layoffs. • Staff will return to Council with additional recommendations to further reduce the $1.8 million deficit. • If the City sticks to the direction based on the budget proposal, should result in a balanced budget by next year. Finance Director Tom Bachman began his presentation with an overview of the following recession impacts. 1. Sales Tax revenues — have been reduced by 23% in the last 3 years 2. Property Tax revenues — Began dropping fiscal year 2009/2010 and projected to remain flat and to rise slowly. 3. Rising pension costs — PERS has changed how they set their contribution rates and increases will begin in 2011 /2012. Projected costs to the City will increase by 46% over the next 3 years and consume approximately 25% of the City's General Fund budget at that time. The City is looking at cost sharing with employees and two-tier pension systems. Mr. Bachman continued with a PowerPoint presentation with a projection of the 2011/12 budget highlighting cash flow issues, budget goals and budget measures to further reduce the $1.8 million deficit. Staff will return in the first quarter of the fiscal year to present further deficit reducing measures emphasizing that concessions from safety groups are imperative. Mayor Herfert initiated Council comments and made brief comments regarding the current economy and budget. Mayor Pro Tem Touhey stated he would not support the budget this evening. He also stated his concerns of City Hall being closed on Fridays and would support conducting business on Fridays to accommodate residents. Motion Motion by Herfert and seconded by Sanderson to adopt the following resolution. Motion carried by 4-0-1 (Touhey — No). 2 City Council/CDC Minutes June 7, 2011 Resolution No. 2011-34 RESOLUTION NO. 2011-34 — 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, WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED, CAPITAL IMPROVEMENT PROGRAM AND LOCAL ENFORCEMENT AGENCY BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012 CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS Mayor Herfert addressed an article in the Tribune regarding the Castucci Foundation and stated he received a letter from the FPPC confirming there is no conflict of interest. ADJOURNMENT Mayor Herfert adjourned the meeting at 8:30 p.m. in honor of the following who recently passed away: • Raquel Flores, mother' of West Covina Police Officer Eddie Flores • Rickie Santell, former West Covina Waste Management and Environmental Quality Commissioner • Richard Kinsler, former West Covina High School and Edgewood High School music teacher. fed by: staPt_Cit . Clerk Susan Rush Motion carried by 5-0. 7