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
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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.
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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.
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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
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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).
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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.
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