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08-02-2018 - Special Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY/PUBLIC FINANCE AUTHORITY THURSDAY AUGUST 02,2018, 7:00 PM SPECIAL MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Lloyd Johnson called the meeting to order at 7:15 p.m. PLEDGE OF ALLEGIANCE — Led by Councilmember James Toma ROLL CALL Present: Councilman Mike Spence, Councilmember James Toma, Councilmember Corey Warshaw, Mayor Pro Tern Tony Wu, Mayor Lloyd Johnson Staff Present: City Manager Chris Freeland, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, City Attorney Kimberly Hall Barlow, Public Works Superintendent Micah Martin, Assistant City Engineer Monica Heredia, Human Resources Director Edward Macias, Assistant City Clerk Rosalia Butler, Planning Director Jeff Anderson, Public Works Management Analyst Michelle Mansour, Police Captain Richard Bell, Police Administrative Services Manager Alex Houston, Fire Chief Larry Whithom Mayor Johnson made adjournment motions in memory of: 1. Cal Fire Heavy Fire Equipment Operator Braden Varney 2. Sequoia and Kings Canyon National Parks Fire Captain Brian Hughes 3. City of Redding Fire Department Firefighter Jeremy Stoke Thursday August 02, 2018 REPORTING OUT FROM CLOSED SESSION City Attorney Hall Barlow indicated that no reportable action was taken. CHANGES TO THE AGENDA City Manager Freeland indicated that there were no changes to the agenda. PUBLIC COMMENTS ON ITEMS ON THE AGENDA Elsie Messman expressed concerns regarding the City's budget and the proposed layoffs in the Maintenance Department. She also spoke on Item No. 8 and shared her disapproval regarding said item. John Shewmaker expressed concerns regarding City expenditures and shared his disapproval on the proposed layoffs in the Maintenance Department. Bill Robinson spoke on the four-day work week for City employees and expressed disapproval regarding the proposed ballot measure eliminating the elected City Clerk and City Treasurer positions. He also expressed his disapproval regarding the proposed tax measure and indicated that placing another measure on the ballot would be far too costly for the City. Jim Grivich discussed the proposed layoffs of employees in the Maintenance Department and expressed his disapproval regarding the proposed tax increase. Miguel Rueff asked for the Council to reconsider the proposed layoffs in Maintenance Department. Jerri Potras commented on the deficit spending within the City and expressed her disapproval regarding the proposed tax measure, as well as the proposed ballot measure regarding the elimination of the elected City Clerk and City Treasurer positions. Chris Miller expressed his disapproval regarding Item No. 1 and shared his concerns pertaining to the proposed layoffs in the Maintenance Department. He also opposed the proposed ballot measure eliminating the elected City Clerk and City Treasurer positions and commented on the lack of transparency within the City. Rick Shield expressed concerns regarding the placement of plastic signs on trees and poles within the City and asked for an explanation on how to remedy this ongoing issue. He also asked the Council and staff to reconsider the proposed layoffs. Corina Aguilar spoke on the proposed layoffs and listed all the duties that the Maintenance staff performs. She also expressed concerns regarding the hazards these employees encounter daily. City Manager Freeland, Assistant City Manager Bresciani, and Assistant City Clerk Butler gave responses to speaker inquiries. 2 Thursday August 02, 2018 CONSENT CALENDAR ITEMS 1) Code Amendment No. 18-03 Initiation to Study Parking Standards for the Downtown Plan and Code It is recommended that the City Council initiate Code Amendment No. 18-03 to study parking standards for the Downtown Plan and Code, by adopting the following resolution: RESOLUTION NO. 2018-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-03 TO STUDY PARKING STANDARDS FOR THE DOWNTOWN PLAN AND CODE A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to adopt Resolution No. 2018-103. Motion was carried by a vote of 4-1, with Councilmember Toma in opposition. AYES: Spence, Warshaw, Wu, Johnson NOES: Toma ABSENT: None 2) Extension of Azteca Landscape Contract for Landscape Maintenance of District No.'s 1, 2 and 4, and Coastal Sage and Scrub Community Facility District It is recommended that the City Council authorize the City Manager to execute a month- to-month contract extension with Azteca Landscape for Maintenance District numbers 1, 2 and 4 and the Coastal Sage and Scrub Community Facilities District (CSS) effective July 1, 2018 at the current monthly rate of $32,106.94 not to exceed six months. A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to authorize the City Manager to execute a month-to-month contract extension with Azteca Landscape for Maintenance District numbers 1, 2 and 4 and the Coastal Sage and Scrub Community Facilities District (CSS) effective July 1, 2018 at the current monthly rate of $32,106.94 not to exceed six months. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 3) Acceptance of Public Improvements for Cameron Avenue Pavement Rehabilitation Project (Federal Project No. STPL-5259 (028)/City Project No. SP-17003) It is recommended that the City Council take the following actions: 1) Accept the Cameron Avenue Pavement Rehabilitation Project - Federal Project No. STPL-5259 (028)/City Project No. SP-17003; 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; 3 Thursday August 02, 2018 and 3) Authorize the release of retention funds 35 days after recordation of the Notice of Completion. A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to take the aforementioned actions. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None DEPARTMENTAL MATTERS 4) Adoption of the City of West Covina Fiscal Year 2018-19 Annual Operating and Capital Improvement Program Budget It is recommended that the City Council take the following actions: 1) Approve the Fiscal Year 2018-19 Proposed Operating and Capital Improvement Program Budget by adopting the following resolution: RESOLUTION NO. 2018-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE OPERATING BUDGET FOR THE CITY OF WEST COVINA, WEST COVINA PUBLIC FINANCE AUTHORITY, WEST COVINA HOUSING AUTHORITY, THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY AND THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018-19 2) Adopt the additional budget-related recommendations presented by staff, as summarized on Page 10 of the Staff Report City Manager Freeland provided a brief report regarding the City's proposed Operating and Capital Improvement Program Budget. He also indicated that there was over $6 million dollars' worth of structural changes in the City's proposed budget plan. In addition, Mr. Freeland stated that both he and Interim Finance Director Lancaster were available to answer any Council inquiries. Councilmember Warshaw asked if all departments implemented the required 10% cuts. City Manager Freeland indicated that the Fire and Planning Departments were unable to implement the 10% cuts, due to limited staffing in the Planning Department, and the inability to make any further cuts in the Fire Department. Councilman Spence asked for clarification regarding the savings for overtime in the Police and Fire Departments. fle also asked for an explanation as to why the vacant 4 Thursday August 02, 2018 positions in the Police Departments were being backfilled with overtime. City Manager Freeland indicated that backfilling the vacant positions was an attempt to manage their budget savings during the last fiscal year. He also stated that Police Chief Taylor was available to address any further Council inquiries on this matter. Police Chief Taylor explained the backfilling of vacant positions within the Police Department and indicated that they were able to cut enough money out of their budget to handle the overtime shortage. Councilman Spence requested for the Police Department to agendize a staff report for Council detailing the amount of overtime utilized monthly. Mr. Spence also inquired about the operating budget and the status of Orangewood Day Care. Assistant City Manager/Community Services Director Bresciani indicated that while Orangewood Day Care was profitable, the City saved $78,000 in expenses by eliminating that location from the City's operations budget. City Manager Freeland spoke on the staff recommendations on Item No. 4 to adopt the additional budget-related recommendations, as summarized on Page 10 of the Staff Report. He indicated that if there are any surplus funds from the previous year that 25% will be returned to the General Fund Reserves, 50% will be allocated to the City's Capital Projects and 25% was dispersed to pay down the Other Post Employment Benefit (OPEB) liability. However, due to the current fiscal situation of the City, staff is recommending that any surplus from last year's budget should be placed into the City's General Fund balance. Councilman Spence expressed concerns regarding the allocation of the surplus funds and requested for a separate discussion regarding the aforementioned policy. City Manager Freeland stated that the issue of the surplus fund allocation can be addressed separately but was included in the proposed budget plan since it is incorporated in the budget process. Mayor Pro Tern Wu shared his disapproval regarding the proposed budget plan and expressed concerns regarding the amount of overtime in the Public Safety Departments. Councilmember Warshaw expressed his disapproval regarding Mayor Pro Tem Wu's comments. He also agreed with Councilman Spence's position opposing the backfilling of vacant positions with overtime pay and stated that the City could not afford additional public safety personnel. In addition, Mr. Warshaw also commented on the increasing cost of PERS benefits. Mayor Pro Tern Wu commented on Councilmember Warshaw's remarks and expressed concerns regarding the number of consultants employed by the City. Councilmember Tama indicated that hiring additional personnel would not rectify the 5 Thursday August 02, 2018 City's budget deficit. Mayor Pro Tern Wu asked for an explanation concerning the state of the restrooms at Shadow Oak Park and asked how much the total cost of renovations would amount to. Assistant City Manager/Community Services Director Bresciani indicated that the aforementioned restrooms were prefabricated units and there were various factors affecting the overall cost of the renovation, making it costlier for the City. Mayor Johnson asked City Manager Freeland for clarification regarding which funds would be utilized to fund the aforementioned renovation that Mayor Pro Tern Wu suggested. City Manager Freeland indicated that the City would be utilizing Measure A Park Funds for any necessary park enhancements. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to approve the Fiscal Year 2018-19 Proposed Operating and Capital Improvement Program Budget by adopting Resolution No. 2018-104. Motion was carried by a vote of 3-2, with Councilman Spence and Mayor Pro Tern Wu in opposition. AYES: Toma, Warshaw, Johnson NOES: Spence, Wu ABSENT: None Mayor Johnson requested that the discussion regarding the allocation of surplus funds be agendized as a separate item for further Council consideration at a future meeting. A motion was made by Councilman Spence and seconded by Mayor Johnson for the City Council to receive a monthly report detailing the overtime expenses and budget for the Police and Fire Departments. Motion was carried by a vote of 4-1, with Councilmember Warshaw in opposition. AYES: Spence, Toma, Wu, Johnson NOES: Warshaw ABSENT: None Councilmember Warshaw indicated that the report should be formulated quarterly instead of monthly. 5) Annual Appropriations Limit for Fiscal Year 2018-19 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2019 6 Thursday August 02, 2018 Interim Finance Director Lancaster gave a brief report on Item No. 5 and indicated that the City was required to be at a certain appropriations limit and was well below the allotted limit. A motion was made by Couricilmember Warshaw and seconded by Mayor Johnson to adopt Resolution No. 2018-105. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 6) Reconsideration to Implement the City's Last, Best and Final Offer to the West Covina Firefighters Association It is recommended that the City Council take the following actions: I) Determine whether to reconsider implementation of City's Last, Best and Final Offer; and 2) Implement the City's Last, Best and Final Offer to the West Covina Firefighters Association by adoption of the following resolution: RESOLUTION NO. 2018-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPLEMENTING ITS LAST, BEST AND FINAL OFFER REGARDING STAFFING FOR THE WEST COVINA FIRE DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTIONS 3505.4,3505.5 AND 3505.7 A motion was made by Mayor Johnson and seconded by Councilmember Warshaw to reconsider the implementation of the City's Last, Best and Final Offer. Motion was carried by a vote of 3-2, with Councilman Spence and Mayor Pro Tern Wu in opposition. AYES: Tom a, Warshaw, Johnson NOES: Spence, Wu ABSENT: None RECESS — City Manager Freeland called for a five-minute break at 8:46 p.m. for City staff to prepare a PowerPoint presentation. Mayor Johnson reconvened the meeting at 8:58 p.m. with all Councilmembers present. City Manager Freeland thanked Interim Finance Director Lancaster for her hard work and indicated that this would be her last meeting with the City. Fire Chief Whithorn gave a brief report and indicated that all fire stations would remain open and there would be no closures of any kind. In addition, he stated that there would be no layoffs in the department of any existing firefighters and the West Covina Fire Department would be hiring additional personnel. Mr. Whithom also provided the Council 7 Thursday August 02, 2018 with a detailed chart explaining the Fire Department's budget and disclosed that most of their budget was spent on personnel. He also provided a brief overview regarding the types of calls the Fire Department responded to and discussed the proposed staffing model that would reduce costs and overtime from within the department. Councilmember Toma asked how the proposed staffing model differed from the model prior to the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Fire Chief Whithorn provided Council with a side by side comparison detailing the current staffing model as well as previous staffing models including the SAFER Grant. A motion was made by Mayor Johnson and seconded by Councilrnember Warshaw to adopt Resolution No. 2018-106. Motion was carried by a vote of 3-2, with Councilman Spence and Mayor Pro Tern Wu in opposition. AYES: Toma, Warshaw, Johnson NOES: Spence, Wu ABSENT: None 7) Public Safety Special Tax Measure for the November 2018 Ballot It is recommended that the City Council provide direction on the placement of a special tax on the November 2018 ballot. City Manager Freeland gave a brief overview regarding the proposed Public Safety Special Tax Measure and indicated that this item could not move forward unless four Councilmernbers voted in favor of the tax. In addition, if Council agreed to proceed with this item, it would require a special meeting to meet the August 10, 2018 deadline. Mayor Pro Tern Wu expressed concerns regarding the voting requirement changes from three to four votes in favor to proceed with the proposed tax measure. City Attorney Hall Barlow apologized for her poor clarification regarding to the number of votes necessary to place the proposed tax on the ballot. She also spoke on the Bradley- Burns Uniform Local Sales and Use Tax and explained that it was a state tax which allowed the percentage to be added to the statewide sales tax. In addition, Ms. Hall Barlow indicated that the Bradley Burns tax was currently maxed out at the statutory level, and the only option is a local transaction and use tax, which is not defined as a sales tax but was referred to as a local sales tax. Furthermore, she also listed the following potential special taxes: Business License Tax, Utility Users Tax, Statutory Special Fire and Police Tax under the Government Code, Transient and Occupancy Tax, Payroll Tax, and a Parcel Tax and informed Council that the aforementioned taxes were available if Council desired to select a different tax measure. Councilrnember Warshaw expressed his approval regarding an increase in sales tax and indicated that non-residents would be charged this fee as well, therefore, easing the financial burden on West Covina residents. 8 Thursday August 02, 2018 Councilmember Toma expressed his approval regarding Item No. 7. Mayor Pro Tern Wu expressed his disapproval regarding the proposed tax increase and stated that the budget issue could be solved by bringing more businesses to the City. Councilman Spence indicated that the proposed tax increase should also include a plan that would detail where the additional funds would be placed. Councilmember Warshaw stated that the residents should decide, and the aforementioned tax should be placed on the ballot. City Attorney Hall Barlow indicated that as a special tax for Public Safety and Fire Protection, it would have to be placed in a separate fund and only spent on the two items. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to consider placing a Public Safety Special Tax Measure on the November 2018 Ballot. Motion failed by a vote of 3-2, with Councilman Spence and Mayor Pro Tern Wu in opposition. Item failed due to a lack of four votes in favor of item. AYES: Toma, Warshaw, Johnson NOES: Spence, Wu ABSENT: None Councilmember Toma suggested placing a parcel tax on the upcoming ballot. Mayor Pro Tern Wu asked how many votes would be necessary to proceed with the proposed parcel tax. City Attorney Hall Barlow indicated that 3 votes in favor of a proposed parcel tax would be necessary to proceed to place said tax measure on the upcoming ballot. Councilmember Warshaw stated that due to the upcoming deadline to place Measures on the upcoming ballot, a special meeting would need to be scheduled for Council to discuss the proposed tax measure and establish an outcome. He also suggested for the next Special Meeting to occur on Thursday, August 9, 2018, and requested reports from City Manager Freeland, Police Chief Taylor, Fire Chief Whithorn, and the Finance Department detailing how the proposed Public Safety tax would affect the PERS and Medical costs for City employees. Mayor Johnson agreed with Councilmember Warshaw and requested an additional report from staff with a more detailed chart as to how the funds from the proposed Public Safety tax would be allocated. A motion was made by Councilmember Toma and seconded by Mayor Johnson to bring a proposed parcel tax back to the next scheduled Special Meeting on August 9, 2018, for Council discussion and consideration. Motion was carried by a vote of 3-2, with Councilman Spence and Mayor Pro Tern Wu in opposition. 9 Thursday August 02, 2018 AYES: Toma, Warshaw, Johnson NOES: Spence, Wu ABSENT: None 8) Argument in Favor of Ballot Measures on Changing the Office of the City Treasurer and the Office of the City Clerk from Elected Positions to have them Appointed by the City Manager and Potential Rebuttal Arguments It is recommended that the City Council take the following actions: 1) Consider and discuss a proposed argument in favor of the Ballot Measure to change the position of the City Treasurer from an elected official to a position that would be appointed by the City Manager based upon professional qualifications; 2) Consider and discuss preparation and submission of a rebuttal to any primary argument against the Ballot Measure, to change the position of the City Treasurer from an elected official to a position that would be appointed by the City Manager based upon professional qualifications, which may be timely submitted; 3) Consider and discuss a proposed argument in favor of the Ballot Measure to change the position of the City Clerk from an elected official to a position that would be appointed by the City Manager based upon professional qualifications; and 4) Consider and discuss preparation and submission of a rebuttal to any primary argument against the Ballot Measure to change the position of the City Clerk from an elected official to a position that would be appointed by the City Manager based upon professional qualifications, which may be timely submitted. Mayor Johnson suggested to hold over item No. 8 until the next scheduled meeting. Councilman Spence asked City Attorney Hall Barlow how the arguments in favor of the elimination of the elected positions of City Clerk and City Treasurer would be prepared if the Council had not reached a consensus on the matter. He also asked if the City had been assigned letters for the proposed measures. City Attorney Hall Barlow stated that the City Council would choose what to say in their arguments in favor of the proposed measure, and if there was opposition to the proposed measures, those Councilmembers would still vote on the argument that was being sent to the County. City Manager Freeland indicated that the City had not received letters for the proposed measures yet, but if there is a request to do so, City staff will provide said request to obtain the information from the County. In addition, Mr. Freeland requested to briefly discuss Item No. 7 to establish which Councilmember would be drafting the arguments in favor of the proposed parcel tax measure and to meet the August 10, 2018 deadline to place any additional measures on the ballot. Mayor Johnson informed City staff that Councilmernber Toma and Councilmember 10 Thursday August 02, 2018 Warshaw would be drafting the arguments for the proposed parcel tax. City Attorney Hall Barlow stated that arguments in favor or in opposition for all ballot measures were due to the City Clerk's Office on August 17, 2018, and rebuttals to the arguments were due to the City Clerk's Office no later than August 27, 2018. Mayor Johnson suggested holding an additional meeting next Thursday, August 9, 2018, to decide whether the Council would like to proceed with the proposed parcel tax. City Manager Freeland confirmed the next Special Meeting would be held on August 9, 2018, at 6:30 p.m. in the Council Chambers. Councilman Spence asked when the ballot title summary on the proposed measures was due. City Attorney Hall Barlow informed Councilman Spence that the impartial analyses for all ballot measures were also due on the same day as the arguments, August 17, 2018. She also indicated that since the next Special Meeting was occurring on Thursday, August 9, 2018, the agenda would be posted for the public 24 hours prior on Wednesday, August 8, 2018. City Manager Freeland discussed the current argument drafted by Council in favor of the proposed measure regarding the elimination of the elected City Treasurer position. A motion was made by Mayor Johnson and seconded by Councilmember Warshaw to approve the proposed argument in favor of the Ballot Measure to change the position of the City Treasurer from an elected official to a position that would be appointed by the City Manager based upon professional qualifications. Motion was carried by a vote of 3- 1-1, with Mayor Pro Tern Wu in opposition, and Councilmember Toma abstaining. AYES: Spence, Warshaw, Johnson NOES: Wu ABSENT: None ABSTAIN: Toma City Attorney Hall Barlow indicated that 5 signers were needed for each proposed argument, and since 3 Councilmembers approved the aforementioned argument, 2 more must be obtained by a member of the Council. Councilman Spence volunteered to obtain the additional two signatures for the proposed arguments and was delegated to draft the rebuttal for said arguments. City Manager Freeland discussed the current argument drafted by Council in favor of the proposed measure regarding the elimination of the elected City Clerk position. Councilman Spence commented that the following verbiage changes should be corrected on the proposed measure argument: 11 Rbsalia A..BUtl _MMC Assistant CitY Clef Thursday August 02, 2018 • Professional staff the can be held accountable- should be corrected to- professional staff is held accountable • Vote Yes on Measure ? and you will save tens of thousands of dollars to conduct the City Clerk Election- should be corrected to- Vote Yes on Measure ? as it will save tens of thousands of dollars currently used to conduct the City Clerk Election A motion was made by Mayor Johnson and seconded by Councilman Spence to approve the proposed argument in favor of the Ballot Measure to change the position of City Clerk from an elected official to a position that would be appointed by the City Manager based upon professional qualifications, with the aforementioned verbiage changes. Motion was carried by a vote of 3-1-1, with Mayor Pro Tern Wu in opposition, and Councilmember Toma abstaining. AYES: Spence, Warshaw, Johnson NOES: Wu ABSENT: None ABSTAIN: Toma City Manager Freeland announced that this would be Deputy City Manager Biery's last meeting as she had accepted employment at the City of Beverly Hills and thanked her for her years of service to the City of West Covina. ADJOURNMENT Mayor Johnson adjourned the meeting at 10:20 p.m. 12