07-05-2011 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
July 5, 2011
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and
Community Development Commission at 7:07 p.m. in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Councilmember Karin Armbrust
ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey
Councilmembers/Commissioners Armbrust, Lane
Absent: Councilmember/Commissioner Sanderson
PRESENTATIONS None
REPORTING OUT FROM CLOSED SESSION
City Attorney Arnold Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council/Community Development Commission (CDC) agenda
were announced for inclusion in the closed session discussion. All
members were present except Councilmember/Commissioner
Sanderson.
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 'Council received
a briefing from the City's Negotiators with no final action taken
and nothing further to report.
Conference with Legal Counsel — Existing Litigation — Sue
Williams — The City Council received a briefing from special
counsel with no final action taken regarding resolution of this
matter and nothing further to report.
Conference with Real Property Negotiators —
Properties:
• APN 8474-007-035, 037, 928, 932, and 934 ; and
• AAA Pad — 2102 S. Azusa Avenue; and
• 1435 W. Puente Avenue; and
e 811 South Sunset Avenue — All items were presented to the
Community Development Commission and discussed, with
no final action taken and nothing further to report.
City Council/CDC Minutes July 5, 2011
Conference with Real Property Negotiators — Property:
1350 East San Bernardino Road - The CDC authorized the
approval of a Settlement Agreement Amendment to the Regulatory
Agreement with Lark Ellen Limited Partnership and authorized the
Mayor/Chair to execute the Agreement.
City Attorney stated the special meeting was recessed at
7:05 p.m. allowing the City Council/CDC to revisit the items.
CHANGES TO THE AGENDA City Manager Pasmant reported a typographical correction to Item
#3, Traffic Committee Meeting — the heading of the Ordinance
within the recommendation incorrectly states Virginia Avenue but
should be Merced Avenue.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in support of Item # 12,
Department Head and City Council Benefits, as long as it includes
everyone from the top to the bottom.
Lydia DeZara Lydia DeZara, West Covina Confidential Association President,
spoke on the Confidential Association's impasse with the City
addressing the Association's wish to assist the City during its
financial crisis but asking that cuts be implemented equally among
all employee groups.
Ed Hidalgo Ed Hidalgo, West Covina Maintenance and Crafts Employees'
Association president, addressed the Maintenance and Crafts
Employees' Association impasse with the City and their desire to
have equality with all employee groups.
John Shewmaker John Shewmaker, West Covina resident, commented on a school
board member's comments regarding the replacement of student
resource officers (SRO) with security guards expressing the board
member's implied lack of respect for SRO's.
Chancela Al-Mansour Chancela Al-Mansour, Housing Rights Center representative,
requested approval of funding for the Housing Rights Center.
Jefferson DeRoux Jefferson DeRoux, West Covina resident, commented on the traffic
committee's recommendation to reduce speed on Merced and
afterwards addressed the traffic conditions at Lark Ellen and
Cameron and requested Council and staff look into those conditions
as well.
Public Works Director Yauchzee responded to Mr. DeRoux's request
stating that the City will look into the area but added that streets with
2 lanes, one in each direction, meet the State requirement for a 25
mile per hour speed limit whereas 4 lane arterials would not.
Councilmember Touhey requested that the matter raised by Mr.
DeRoux be added to the Traffic Committee's report.
CONSENT CALENDAR
1) Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission — June 14, 2011 & June 28, 2011
2) Ordinances for Adoption
Ordinance for Adoption Code Amendment No. 11-03
Vehicle Storage in the "Service Commercial" Zone
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City Council/CDC Minutes July 5, 2011
Ordinance No. 2216 ORDINANCE NO. 2216 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO VEHICLE
STORAGE IN THE "SERVICE COMMERCIAL" (S-C) ZONE
l Traffic Committee Meeting Minutes (accept & file)
3) Meetiniz of June 21, 2011
Traffic Committee Recommendation is that the City Council take the following
actions:
1. Receive and file the following Minutes of the Traffic
Committee meeting held on June 21, 2011:
I. Request:
City Initiated
That the traffic condition on Merced Avenue from Azusa
Avenue to Hollenbeck Street be reviewed.
Traffic Committee Recommendation
That Merced Avenue from Azusa Avenue to Hollenbeck Street
be posted at 25 miles -per -hour with radar enforced plate, and
2. Introduce the following ordinance to reduce the speed limit on
a portion of Merced Avenue from Azusa to Hollenbeck Street
from 40 miles per hour to 25 miles per hour:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION
22-131 OF THE WEST COVINA MUNICIPAL CODE
RELATING TO INCREASE OF STATE LAW MAXIMUM
SPEEDS (MERCED AVENUE)
4) Treasurer's Report (receive & file)
City Treasurer's Report City Treasurer's Report for the Month of May 2011
5) CDC Treasurer's Report CDC Treasurer's Report for the Month of May 2011
6) Finance Department — Miscellaneous
Jail Phones Award of Bid for Non -Coin Operated Telephones
Recommendation is that the City Council accept the bid of
Littlejohn Communications of Malibu, California, to install,
maintain, and operate non -coin pay telephones in the City's jail.
Risk Management — Miscellaneous
7) Placement of FY 2011-12 Excess Workers' Compensation
Workers' Compensation Ins. Insurance Coverage
Recommendation is that the City Council authorize payment of the
City's 2011/12 Excess Workers' Compensation coverage with the
Big Independent Cities Excess Pool (BICEP), in the amount of
$69,514, to be paid from account 363.15.1530.6418.
Payment of FY 2011/12 Excess Liability Insurance Coverage and
8) Approval of Continued Membership with the Bid Independent
Liability Insurance Cities Excess Pool (BICEP)
Recommendation is that the City Council:
1. Authorize payment of the City's 2011/12 excess liability
insurance coverage with the Big Independent Cities Excess
Pool (BICEP) in the amount of $378,771 to be paid from
account 361.15.1530.6411.
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City Council/CDC Minutes July 5, 2011
2. Approve West Covina's continued membership in BICEP for
an additional three years beginning July 1, 2011.
CONSENT CALENDAR ACTION
Motion by Herfert and seconded by Touhey to approve all consent
calendar items as presented with the recommendation that the City
look at Lark Ellen and Cameron and have Police enforcement
increased in the area. Motion carried by 4 — 0.
HEARINGS
Public Hearing
9)
West Covina Citywide Sewer Service Charge
Citywide Sewer Service Chare
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 and
stated this hearing will set the rate and approved the collection of
sewer assessment through the County tax bill. Funds will pay for
the maintenance of the sewer system; compliance with Federal
Clean Water Act laws; street sweeping, and provide for reserves
for future replacements and repairs. Staff is recommending a 4%
increase that amounts to 16 cents per month per dwelling. He also
pointed out different options detailing how a 3% increase would
deplete the reserves by 2016 and maintaining current rates would
deplete reserves by 2013 and would require reduction in services,
delays in inspections, cleaning and repairs. He then offered to
answer any questions.
Councilmember Lane inquired whether West Covina would also be
installing screens over the collection points.
Mr.Yauchzee replied that the City would soon be
implementing a pilot program at a few locations.
Assistant City Clerk Rush verified that 7 written comments had
been received on this matter — 5 in opposition and 2 in support.
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 Lane and seconded by Herfert to adopt the following
resolution.
Resolution No. 2011-41 RESOLUTION NO. 2011-41 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE RATE AND AUTHORIZING THE
COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE
THROUGH THE COUNTY TAX BILL
Motion carried 4-0.
Public Hearing
FY 2011/2012 Community Development Block Grant (CDBG)
10) Public Services Project Funding
CDBG Public Services Funding 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 gave a brief report on the
funding to public service projects for the City of West Covina.
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City Council/CDC Minutes July 5, 2011
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.
Councilmember Touhey addressed the funding cuts from the
Federal Government and said he would support the
recommendations.
Motion Motion by Touhey and seconded by Lane to allocate $192,296 in
CDBG funds to the Public Service Projects as outlined below from
Attachment #1, Column H of the staff report and authorize the
necessary appropriations:
DEPARTMENTAL MATTERS
FY 2011-2012 CDBG Public Service Proiect Fundin
Senior Meals Program
$60,000
YWCA of San Gabriel Valley — Sr. Citizens Assistance
Program
$16,888
Careship Program
$25,000
Youth Assistance Program
$4,000
Assist. League of Covina Valley
$1,723
ESGV Coalition for Homeless
$11,848
Volunteers of America — WC Community Service Ctr
$9,478
Housing Rights Center
$15,000
Action Food Pantry
$12,709
YWCA of San Gabriel Valley — Meals on Wheels
$5,170
Cory's Kitchen
$10,340
Domestic Violence Victims' Advocate
$20,140
Total
$192,296
Motion carried 4-0.
Human Resources Department
11) Meet and Confer Impasse
Mid-Management/Confidential and West Covina Mid -Management Employees Association
Maintenance & Crafts Associations West Covina Confidential Exempt Employees Association
Meet and Confer Impasse West Covina Maintenance and Crafts Employees Association
Mayor Herfert introduced the subject matter and stated that a staff
report will be presented and following the report, labor
representatives from the Mid -Management, Confidential or the
Maintenance & Crafts Employees' Associations will be able to
present any additional pertinent information" for Council's
consideration.
Assistant City Manager Thomas Bachman presented the staff
report. The report addressed the city's concern with rising costs
over the next three year mostly due to employee pensions.
Revenues will not be able to keep up with the rising costs and will
lead us to continued budget deficits. The growing deficits will
result in lower staffing levels and reduced services. In an order to
mitigate the impact on services, negotiations were focused on ways
to offset the rising costs. One goal of the negotiations was to have
the miscellaneous groups pay the 8% employee pension
contribution. The report further outlined the areas of agreement
between the groups and the city and the areas of impasse.
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City Council/CDC Minutes July 5, 2011
Presentation by John Adams John Adams, representing Mid -Management, Confidential, and
Maintenance & Crafts Employee Associations, addressed the
concerns of the groups, specifically that of equity and fairness.
Recognizing that the public safety contracts do not expire
until June 2012, and to address the issue of equity, the
miscellaneous groups introduced the "me too" clause to ensure all
groups, including safety, pay the same level of pensions costs
when all groups negotiate in 2012.
Mr. Adams suggested that, due to the nature of the dispute
and some confusion in communication that it would be beneficial
to use a State mediator to bring this matter to a successful
conclusion and asked the Council to consider a mediator.
Mayor Herfert then asked if the Council wished to recess the
regular City Council meeting and reconvene into Closed Session
discussion to deliberate this matter.
Council did not move to reconvene into Closed Session;
therefore, Mayor Herfert stated it was time for Council to move
forward with its final determination.
Following comments by the Councilmembers, Mayor Herfert then
proceeded to ask the Council if they wished to consider a separate
vote for each employee association (Mid -Management,
Confidential and Maintenance & Crafts) or to vote for all three as a
group. They decided to consider them as a group and the Mayor
then read the following options available to the City Council:
1. Impose the City's last, best and final offer as recommended by
City staff.
2. Agree with the Association's last offer.
3. Refer the matter back to the City Manager for mediation.
4. Grant the City's bargaining team additional authority and go
back to the bargaining table.
5. Do nothing and allow the status quo to continue.
Motion Motion by Herfert and seconded by Touhey to impose the City's
Last, Best and Final offer as recommended by staff and adopt the
following resolutions.
Resolution No. 2011-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO
THE TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON
EMPLOYEES REPRESENTED BY THE MID -MANAGEMENT
EMPLOYEES' ASSOCIATION
Resolution No. 2011-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO
THE TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON
EMPLOYEES REPRESENTED BY THE CONFIDENTIAL
EMPLOYEES' ASSOCIATION
Resolution No. 2011-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO
THE TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON
EMPLOYEES REPRESENTED BY THE MAINTENANCE &
CRAFTS EMPLOYEES' ASSOCIATION
Motion carried 4 — 0.
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City Council/CDC Minutes July 5, 2011
DEPARTMENTAL REGULAR MATTERS
12) Human Resources Department
Department Head Benefits Department Head and City Council Benefits
City Manager Pasmant stated that he and Department Heads
wished to lead by example and volunteered to make concessions
across the board, that in addition, affects the City Council and City
Manager.
Motion Motion by Lane and seconded by Touhey to adopt; the following
resolution.
Resolution No. 2011-45 RESOLUTION NO. 2011-45 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 2007-65 RELATING TO
MANAGEMENT COMPENSATION, BENEFITS AND
CLASSIFICATION OF DEPARTMENT HEADS
Motion carried by 4 — 0.
COUNCIL COMMENTS Mayor Herfert thanked the public for their participation in the
Fourth of July event and for raising funds for a worthy cause. In
addition, he thanked the employees for their help.
Councilmember Karin Armbrust also thanked the employees and
reiterated the tough economic times and said it was a difficult
decision, but it kept the City from bankruptcy and said there are
jobs.
Mayor Pro Tem Touhey also thanked the City staff that was
involved in the Fourth of July event and mentioned that other cities
are also having financial difficulties and said Council tried to do
their best to avoid layoffs.
Mayor Herfert requested Council to consider doing one
presentation per year to recognize sports/business related awards
and suggested doing one presentation in September and asked the
Council to submit suggestions for presentations.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
in memory of Barbara Jean Bell, mother of West Covina Police Lt.
Richard Bell.
Motion carried by 4-0.
Submitted by:
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Assistant City lerk Susan Rush
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