05-15-2012 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 15, 2012
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:07 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Doug Rozsa, Stake President
Church of Jesus Christ Latter Day Saints, Hacienda Heights
PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanderson
ROLL CALL Mayor Touhey, Mayor Pro Tem Sanderson,
Councilmembers Herfert, Sotelo, Sykes
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 agenda were announced for inclusion in the closed session
discussion; all members of the Council were present except Mayor
Pro Tem Sanderson.
Items on the agenda:
Conference with Labor Negotiators — Employee
Organizations: .Confidential Employees, Maintenance & Craft
Employees, Non -Sworn Safety Support Employees, General
Employees, Mid -Management_ Employees, W. C. Police
Management Association, W. C. Police Officers Association, W. C.
Firefighters' Management Association, W. C. Firefighters'
Association, I.A.F.F., Local 3226, 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 — Council received a
briefing with no action taken and nothing further to report.
Council to continue the Closed Session discussion on the matter
after the Open Session of the Council meeting.
Public Employment — City Manager — Not discussed by
Council and matter to be brought back for Closed Session
discussion after Open Session.
Conference with Legal Counsel — Existing Litigation —
Alma Mendoza, et al. vs. City of West Covina, et al. — Council
received a briefing with Council voting 4 — 0 not to move further
in appealing this matter; agreed not to take any further action with
respect to appealing this matter to the California Supreme Court.
Alvarez-Glasman noted that during discussion of this matter,
Mayor Pro Tem Sanderson had not yet arrived.
CHANGES TO THE AGENDA No changes.
PRESENTATIONS Mayor Touhey called forward Doug Rozsa, President of the
Church of Latter Day Saints, Hacienda Heights, and Craig Rigby,
Director of Public Affairs, who presented a brief PowerPoint
presentation on their recent Cleanup Project called "Helping Hands
Project."
ANNOUNCEMENTS Deputy City Manager Chris Freeland announced the following
upcoming events:
City Council Minutes of May 15, 2012
1) West Covina memorial Day Event at the Civic Center on
Memorial Day — Monday, May 281h at 10:00 a.m.
2) Dedication of the new Playground Equipment at Palmview
Park, Thursday, June 281h at 3:00 p.m.
3) City and West Covina MDA Volunteer Committee 4`h of July
celebration: July 3d — Carnival at Edgewood from 4:00-10:00
pm; July 41h — Pancake Breakfast at Hurst Ranch 8:00 — 11:00
am; Carnival, Games, and food 4:00 — 11:00 pm, and
Entertainment 6:00 — 9:00 pm by Sangria with fireworks to
follow.
4) Future events include dedication of the Splashpad and Dog
Park at Del Norte Park tentatively scheduled in July.
5) Video of the City Council meetings now available. Planning
Commission meetings will occur later this summer after the
system upgrades and training of Planning Department staff is
completed.
ORAL COMMUNICATIONS
Philip Moreno Philip Moreno, West Covina resident, addressed Community
Development Commission debt and fiscal issues including the
Recognized Obligation Payment Schedules (ROPS).
Lawrence Velo Lawrence Velo, West Covina resident, addressed current flyers
regarding the recall attempt and information on the flyer;
addressed the January 10°i Council meeting speakers who spoke in
opposition of the Civic Center property sale and the lack of
relevance of those speakers not residing in West Covina in favor of
the sale.
Joanne Wilner Joanne Wilner, West Covina resident, addressed Agenda Item #2,
Tax Revenue Anticipation Notes., requesting information on the
need to borrow; requested details regarding the "Direct Purchase of
Lease Revenue Bonds" item on the Agenda; addressed comments
at the last meeting regarding the judgment against Alhassen owing
$14 million; and addressed benefits paid by the City for public
safety personnel and repeated her request that Council also
eliminate/reduce their benefits; commended the work of the
Church of Latter Day Saints and their cleanup of Galster Park.
Mayor Touhey responded to Ms. Wilner's questions
regarding the need for the Tax Revenue Anticipation Notes due to
the State's delay in submitting the City's share of revenues.
John Shewmaker John Shewmaker, West Covina resident, addressed financial issues
of the City including reserves and debt; and addressed the Direct
Purchase of bonds item on the Agenda.
Carolyn Arndt Carolyn Arndt, West Covina resident, stated she is working to
improve the City of West Covina; addressed a meeting in which
they met with Ms. Lee of CMG regarding the project slated for the
Civic Center.
'Elsie Messman Elsie Messman, West Covina resident, addressed the appointment
of Rob Sotelo to the vacant council seat questioning his
qualifications; addressed financial and fiscal issues; addressed a
letter she received from City Manager Pasmant regarding the
Williams and Chung lawsuits; addressed comments regarding a
misleading flyer and requested a copy of the County Fire proposal
to close two fire stations in West Covina.
Forest Wilkens Forest Wilkens, West Covina resident, thanked Public Works
Director Shannon Yauchzee and Chief Wills regarding street
P
City Council Minutes of May 15, 2012
vendors; addressed the Athens' evergreen contract and inquired
how an evergreen contract is beneficial.
Frank Williams Frank Williams, West Covina resident, stated he exercises his right
as a voter and his ability to address the City Council on issues;
addressed Councilmember Sotelo's activity as a volunteer and
involvement in the community for years; addressed the cost of the
recall election and questioned whether the City could afford the
financial burden.
Mayor Pro Tern Sanderson addressed comments and questions
regarding the City's financial status referring to the City's CAFR
and offered to take calls or meet with residents to answer
questions.
Councilmember Sykes addressed comments about involvement in
the sports activities of the community; inquired about the
evergreen contract and the vote of the Council.
Mayor Touhey addressed comments made by speakers regarding
Public Safety and spoke on the cost of the recall election.
CONSENT CALENDAR Mayor Pro Tern Sanderson recused herself from participation in
Item #4 - Ordinances for Adoption — Code Amendment No. 11-06
and Zone Change No. I1-03, Animal Keeping Overlay,. Repeal of
Moratorium of Properties on North Side of Vanderhoof Drive
due to a conflict of interest being her property's proximity to the
area; Councilmember Sykes requested Item #2 — Tax .Revenue
Anticipation Notes be pulled for separate consideration.
Approval of Meeting Minutes (receive & file)
1) Special City Council Meeting Minutes of March 6, 2012
Minutes Regular City Council Meeting Minutes of March 6, 2012
This item pulled for separate consideration.
Finance Department
2) Tax Revenue Anticipation Notes
Tax Revenue Anticipation Notes Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2012-35 RESOLUTION NO. 2012-35 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE ISSUANCE AND SALE OF 2012-13 TAX
AND REVENUE ANTICIPATION NOTES, AUTHORIZING
THE FORMS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN OFFICIAL STATEMENT, A NOTE
PURCHASE CONTRACT, AND A CONTINUING
DISCLOSURE CERTIFICATE, AND AUTHORIZING THE
TAKING OF NECESSARY ACTIONS AND THE EXECUTION
OF NECESSARY DOCUMENTS AND CERTIFICATES
RELATED TO SUCH NOTES
Fire Department
United States Department of Homeland Security Grant Fund for
3) Terrorism Liaison Officer Traininy,
Homeland Security Grant Recommendation is that the City Council take the following
actions:
1. Accept United States Department of Homeland Security, 2009
Homeland Security Grant Program funding for Fire Department
Terrorism Liaison Officer (TLO) training.
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City Council Minutes of May 15, 2012
2. Appropriate $21,098 to Account No.. 227.32.3211.5113
(Personnel), and $3,705 to Account No. 227.32.3211.6050
(Allowances).
Planning Department
Ordinances for Adoption
Code Amendment No. 11-06 and Zone Change No. 11-03
Animal Keeping Overlay
4) Repeal of Moratorium of Properties on North Side of Vanderhoof
Repeal Moratorium on Vanderhoof Drive
Recommendation is that the City Council adopt the following
ordinances:
Ordinance No. 2230 ORDINANCE NO. 2230 — 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 REVISING
SEPARATION STANDARDS FOR ANIMAL KEEPING,
STANDARDS FOR 'GUEST HOUSES AND ESTABLISHING
STANDARDS FOR AN ANIMAL KEEPING OVERLAY ZONE
(CODE AMENDMENT NO. 11-06)
Ordinance No. 2231 ORDINANCE NO. 2231 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 11-03
Recommendation is.that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, REPEALING ORDINANCE
NO. 2220 AND ORDINANCE NO. 2221 PROHIBITING
CONSTRUCTION OF GUEST HOUSES, HABITABLE SPACE
ADDITIONS, SPORTS COURTS, TENNIS COURTS,
SWIMMING POOLS AND OTHER SIMILAR TYPES 'OF
IMPROVEMENTS ON THE REAR, LOWER PORTION OF
EQUESTRIAN ORIENTED PROPERTIES IN SPECIFIED
AREAS OF THE CITY
Police Department
5) Private Grant (Kaiser Permanente) for Domestic Violence Victim
Kaiser Grant — Domestic Violence Services
Recommendation is that the City Council accept the new Kaiser
Permanente grant and appropriate the $2,500 grant as follows:
- $1,500 into 221.31.3113.5113 for overtime
- $1,000 into 221.31.3113.6050 for training
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to approve.all items
listed on the Consent Calendar as presented except Item #2 — Tax
Revenue. Anticipation Notes and the record to reflect that
Sanderson recused herself from participation in Item #4 —
Ordinances for Adoption — Code Amendment No. 11-06 and
Zone Change No. 11-03, Animal Keeping Overlay, Repeal of
Moratorium of Properties on North Side of Vanderhoof Drive.
Motion carried by 5 — 0 with the following exception:
Item 4 Motion carried by 4 — 1 (Sanderson did not
participate due to conflict of interest being her -
property's proximity to the area)
Cl
City Council Minutes of May 15, 2012
Item 2 Tax Revenue Anticipation Notes
Councilmember Sykes expressed concern with the Tax Revenue
Anticipation Note.
City Manager Pasmant stated the purpose of this item is to
address the City's cash flow needs and referred to the City's CAFR
(Comprehensive Annual Financial ,Report) that addresses details of
the City's finances.
Assistant City Manager Bachman elaborated further
explaining that the Tax Revenue Anticipation Notes is a method of
short-term borrowing to cover shortages in the City's cash flow
and that this is the third year the City has done this. He gave
details to explain the reasons for the shortage; including how the
State's actions to resolve their own cash flow problems is now
delaying payments to cities for their share of revenues to two times
per year instead of monthly, which has had an impact on the City's
ability to meet financial obligations timely therefore resulting in
short-term borrowing which the City then pays when the revenues
are finally received.
Motion Motion by Herfert and seconded by Sanderson to approve the item
as recommend and to adopt the following resolution. Motion
carried by 5 — 0.
Resolution No. 2012-35 RESOLUTION NO. 2012-35 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE ISSUANCE AND SALE OF 2012-13 TAX
AND REVENUE ANTICIPATION NOTES, AUTHORIZING
THE FORMS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN OFFICIAL STATEMENT, A NOTE
PURCHASE CONTRACT, AND A CONTINUING
DISCLOSURE CERTIFICATE, AND AUTHORIZING THE
TAKING OF NECESSARY ACTIONS AND THE EXECUTION
OF NECESSARY DOCUMENTS AND CERTIFICATES
RELATED TO SUCH NOTES
DEPARTMENTAL REGULAR MATTERS
Finance'Department
Direct Purchase of Series 2002 B and Series 2005 C Lease
Revenue Bonds by Wells Fargo Bank and Elimination of Letter of
6) Credit
Lease Revenue Bonds Letter of Assistant City Manager Bachman gave a brief report on the need to
address the expiration of a letter of credit with Union Bank for the
Bonds in question. He briefly described the history and purpose of
the bonds and detailed the options available to the City to address
the expiration of the letter of credit. He stated that staff is
recommending the direct purchase option as it should yield a lower
interest rate over the term of the direct purchase and is preferable
in terms of cost and risk. He then offered to answer any questions.
Bachman responded to questions from Council.
City Council Action
Motion Motion by Sanderson and seconded by Herfert to adopt the
following resolution:
Resolution No. 2012-36 RESOLUTION NO. 2012-36 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY BY THE
CITY OF A CONTINUING COVENANT AGREEMENT IN
CONNECTION WITH THE REMARKETING AND
PLACEMENT OF THE WEST COVINA PUBLIC FINANCING
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City Council Minutes of May 15, 2012
AUTHORITY VARIABLE RATE LEASE REVENUE
REFUNDING BONDS, 2002 SERIES B (PUBLIC FACILITIES
PROJECT) AND VARIABLE RATE LEASE REVENUE
REFUNDING BONDS, 2005 SERIES C (PUBLIC FACILITIES
PROJECT) AND THE TAKING OF CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH
Motion carried 5 — 0.
Public Financing Authority Action
Motion Motion by Sanderson and seconded by Herfert to adopt the
following resolution:
Resolution No. 22 RESOLUTION NO. 22 — A RESOLUTION OF THE WEST
COVINA PUBLIC FINANCING AUTHORITY OF THE CITY
OF WEST COVINA, CALIFORNIA, AUTHORIZING THE
EXECUTION AND DELIVERY BY THE AUTHORITY OF AN
AMENDED AND RESTATED INDENTURE AND TAKING OF
OTHER CERTAIN ACTIONS IN CONNECTION WITH THE
REMARKETING AND PLACEMENT OF THE WEST COVINA
PUBLIC FINANCING AUTHORITY VARIABLE RATE LEASE
REVENUE REFUNDING BONDS, 2002 SERIES B (PUBLIC
FACILITIES PROJECT) AND VARIABLE RATE LEASE
REVENUE REFUNDING BONDS, 2005 SERIES C (PUBLIC
FACILITIES PROJECT)
Motion carried 5 — 0.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
Councilmember Fredrick Sykes
Request from Councilmember Sykes Requesting the City
Council to Instruct City Staff to Prepare a Report on Utilizing
$10 million in General Fund Reserves to Hire Additional Police
7) Officers
Hire Additional Police Officers Councilmember Sykes addressed his request on utilizing general
fund reserves to hire additional police officers.
Council discussion ensued.
Motion Motion by Sykes and seconded by Herfert to direct staff to return
with a report on funding to hire additional police officers.
Motion carried by 5 — 0.
Councilmember Fredrick Sykes
Request from Councilmember Fredrick Sykes Requesting the
City Council to Instruct City Staff to Prepare a Report on
8) Developing an Adopt -A -Park Program
Adopt -A -Park Program Councilmember Sykes would like to have a program in West
Covina that would help maintain City parks.
Motion Motion by Sykes and seconded by Sanderson to direct staff to
bring back a report on developing an Adopt -A -Park program for
the City.
Motion carried by 5 — 0.
COUNCIL COMMENTS Mayor Pro Tern Sanderson requested a report for next meeting on
utilization of renewable energy.
on
City Council. Minutes of May 15, 2012
ADJOURNMENT Motion by Touhey and seconded by Sykes to adjourn the meeting
at 8:55 p.m. in memory of the following:
• Wife of Vince House, La Puente Councilmember
0 Father of Fidel Vargas, Mayor of Baldwin Park
• Uncle of Julian Miranda, former Councilmember of.City of
Irwindale.
Motion carried by 5 - 0.
City Council will reconvene the Closed Session meeting in the City Manager's Office.
Submitted by:
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ssistant City`. Clerk Susan Rush
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