03-17-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 17, 2009
Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:04 p.m in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE Mayor Hernandez
ROLL CALL Mayor Hernandez, Mayor Pro Tem Sanderson,
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
City Attorney Arnold Alvarez-Glasman reported the following:
All members were present except Mayor Hernandez and
prior to convening into closed session, all items on the City
Council agenda and Community Development Commission (CDC)
agenda were announced for inclusion in the closed session
discussion. Closed session was called to order with
Commissioners Herfert, Lane and Touhey present.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property:
3228 East Holt Avenue (Apn#8480-002-052) — Commissioners
received briefing; and rejected the opportunity to purchase the
property by unanimous vote.
Items on the City Agenda:
Public Employee Performance Evaluation — City Manager -
Council authorized the City Attorney to draft a two-year extension
to the City Manager's current employment agreement and to
further provide clarification to supplemental benefits as expressed
in closed session. The City Attorney is directed to craft the
language, and present for execution; the Mayor has been
authorized by the City Council to execute the amendment.
Conference with Legal Counsel — Anticipated Litigation —
Claim of S. Williams — Council authorized retaining Dave
Lawrence, Special Counsel, and other direction was provided to
the City Attorneys Office regarding the claim.
Vice Chairman Sanderson arrived and was included in the final
matter for discussion.
Conference with Legal Counsel — Existing Litigation —
Chung v. City of West Covina, Roger Hernandez, et. al.- Council
received a briefing from special counsel and direction was
provided; there was no further action and nothing further to report.
CHANGES TO THE AGENDA None.
PRESENTATIONS Mayor Hernandez called West Covina Bruin Cheer Squad Head
Coach Yvette Bingochea-Garcia who called forward her team to be
recognized.
Mayor Hernandez called forward Dr. Maria Ott, Superintendent of
Rowland Unified School District to discuss the recent approval by
the Rowland Unified School District (RUSD) Board to place a
City Council Minutes of March 17, 2009
parcel tax on an upcoming election in June for School projects and
programs.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the position of the
POW Flag and proper protocol and requested a plaque be installed
behind the flag in the chamber depicting the proper order.
Brian Gutierrez Brian Gutierrez, West Covina resident, requested the council
support the RUSD Parcel Tax.
Dana Sykes Dana Sykes, West Covina resident, addressed concerns with the
paid parking at the Civic Center and visitors parking in the near by
merchants parking areas to avoid paying; posed a question
regarding Glenn Kennedy's proposal of a volunteer graffiti
program along Interstate 10; spoke on the upcoming Casino
fundraiser hosted by RUSD.
Joanne Wilner Joanne Wilner, West Covina resident, expressed concern with the
fact that there hasn't been a public hearing with regard to paid
parking at the Civic Center and voiced several concerns within the
ordinance; inquired about the Athens surcharge with increased fuel
costs and whether there is a reversal of the charge due to declining
gas costs.
Alfred Williams Alfred Williams, West Covina resident, addressed agenda item
from Councilmember Touhey regarding PEG funds and the intent
of the agenda item; addressed remarks and comments made at the
previous meeting; and recent calls of "point of order" during the
meeting and the proper procedure per Roberts Rules of Order for
handling such call.
Ricardo Andrade Ricardo Andrade, West Covina resident, addressed comments at
previous meetings and requested that when a "point of order" is
called that the point of order be confirmed and proper protocol be
followed; spoke in support of meetings on cable be returned.
Allan Yang Allan Yang, Anaheim resident, announced his family's new
business in West Covina; stated his intention to run for city
council.
Glenn Kennedy Glenn Kennedy, West Covina resident, addressed previous
speakers question regarding his proposed program to abate graffiti
along the I-10 freeway.
Councilmember Herfert clarified that the request from
Councilmember Touhey on tonight's agenda was a resolution to
show support for Mr. Kennedy's proposal and did not entail a
monetary award.
Councilmember Touhey asked Assistant City Manager Bachman
questions regarding fuel estimate number that Athens Services
used in their contract.
Assistant City Manager Bachman responded that the
supplemental fuel increase was based on fuel prices through
December 2007.
Councilmember Herfert left the dais at 7:44 p.m.
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City Council Minutes of March 17, 2009
CONSENT CALENDAR Mayor Pro Tern Sanderson requested Item D-4b, Implementation
of Paid Parking at the Civic Center, be removed from the consent
calendar for separate consideration.
D-3 Claims Against the City of West Covina
Claims Government Tort Claim Denials (deny & notify claimant)
Recommendation is that the following Government Tort Claims be
denied and the claimants and/or respective attorneys be so notified.
• Juan Francisco Tavarez Jr. vs. City of West Covina
• Aurora "Betty" Valles vs. City of West Covina
Ordinance for Adoption (adopt ordinance)
Ordinance Accepting the Commission on Peace Officer Standards
and Training (POST) Training and Recruitment
D-4a Standards Relating to Public Safety Dispatchers
Ordinance No. 2188 ORDINANCE NO. 2188 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ACCEPTING THE COMMISSION ON PEACE OFFICER
STANDARDS AND TRAINING (POST) REQUIREMENTS AS
TO THE RECRUITMENT AND TRAINING STANDARDS OF
PUBLIC SAFETY DISPATCHERS
This item was pulled for separate discussion:
D-4b Implementation of Paid Parking at the Civic Center
Ordinance No. 2189 ORDINANCE NO. 2189 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING SECTION 22-191 OF THE WEST COVINA
MUNICIPAL CODE TO PROHIBIT, RESTRICT OR
REGULATE THE PARKING, STOPPING AND STANDING ON
THE CIVIC CENTER PARKING OWNED OR OPERATED BY
THE CITY OF WEST COVINA
Miscellaneous — Community Services Department
Extension of Transportation Agreement for Fixed Route Shuttle
Services and Dial -A -Ride Services
D-4c Recommendation is that the City Council authorize the City
Dial -A -Ride Contract Extension Manager to extend the transportation agreement with Southland
Transit for up to two additional years.
Miscellaneous — Human Resources Department
Approval of Revised Classification Specification for Fire
Protection Specialist
D-4d Recommendation is that the City Council adopt the following
Fire Protection Specialist Specs resolution regarding the proposed revised classification
specification (class spec) for Fire Protection Specialist.
Reso No. 2009-12 RESOLUTION NO. 2009-12 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE REVISED CLASSIFICATION
SPECIFICATION FOR FIRE PROTECTION SPECIALIST
Miscellaneous — Police Department
D-4e Replacement of Police Copiers
Replacement of Police Copiers Recommendation is that the City Council find that the National
Joint Powers Alliance contract #021808-SP for Sharp MX-850 and
AR-M355U copiers satisfies West Covina's bid process and
authorize the Chief of Police to enter into a 60-month lease
agreement with the City's vendor, MWB Business Systems.
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City Council Minutes of March 17, 2009
AB1234 Conference and Meeting Report (receive & file)
AB1234 Conference and Meeting Report — International Council
of Shopping Centers (ICSC) and California Park & Recreation
D-5 Society Meeting and Conference Report
Conference & Meeting Report Recommendation is that the City Council receive and file the
report.
CONSENT CALENDAR MOTION Motion by Sanderson and seconded by Lane to waive further
reading of the resolutions/ordinances and adopt, and approve all
items except Item D-4b Implementation of Paid Pinking at the
Civic Center.
Motion carried 4-0 (Herfert Absent)
Councilmember Herfert returned to the dais at 7:46 p.m.
Item D-4b Implementation of Paid Parking at the Civic Center
Public Works Director Yauchzee addressed question brought
forward under oral communications and stated the actual fees will
be brought back at a subsequent meeting.
Councilmember Herfert spoke of a type of paid parking system
that he feels will enable the consumer to use both a credit card or
cash and can receive a receipt.
Motion by Herfert and seconded by Sanderson to adopt the
following ordinance as recommended by staff.
Ordinance 2189 ORDINANCE No. 2189 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING SECTION 22-191 OF THE WEST COVINA
MUNICIPAL CODE TO PROHIBIT, RESTRICT OR
REGULATE THE PARKING, STOPPING AND STANDING ON
THE CIVIC CENTER PARKING OWNED OR OPERATED BY
THE CITY OF WEST COVINA
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing
Code Amendment No. 09-01
General Exemption
Christmas Tree Sales Code update
Applicant: City of West Covina
E-1 Location: Citywide
Christmas Tree Code Update Mayor Hernandez announced the public hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Hernandez opened the public haring. Acting
City Planner Jeff Anderson gave a brief report explaining the Code
Amendment would allow Christmas tree vendors to set up lots no
more than fourteen (14) calendar days prior to the Friday after the
Thanksgiving Day holiday.
Public Testimony Mayor Hernandez opened the public testimony portion of the
hearing and asked for public comments.
Closed Testimony With no one wishing to address Council, Mayor Hemandez closed
the public testimony port of the hearing.
Assistant City Clerk presented
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
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City Council Minutes of March 17, 2009
RELATED TO CHRISTMAS TREE SALES (CODE
AMENDMENT NO. 09-01)
Motion by Herfert and seconded by Sanderson to waive further
reading of the ordinance and introduce.
Motion carried 5-0.
COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Michael Touhey
Request from Councilmember Michael Touliey Requesting the
City Council Adopt a Resolution in Support of Glenn Kennedy's
I -I Volunteer Graffiti Abatement Program for Interstate 10
Support of Volunteer Graffiti Motion by Touhey and seconded by Lane to prepare a resolution of
support to CalTrans asking for their support of the volunteer
graffiti abatement program proposed by Glenn Kennedy.
Motion carried 5-0 to bring resolution back at the next
meeting.
Councilmember Michael Touhey
Request from Councilmember Michael Touhey Requesting the
City Council Review the City's Public, Education, & Government
(PEG) Fee Account
Motion by Touhey and seconded by Sanderson to request council
consensus to review and discuss options to refund excess surplus
PEG monies to subscribers who have paid; the possible set up of
an account to accept donations for the operation of the City's
Cable Channel and the possible elimination or suspension of the
City's collection of PEG fees.
Mayor Hernandez requested clarification on how Councilmember
Touhey anticipated a refund method to work.
Touhey responded that the City would work with Charter
who collected the fees from the subscribers.
Mayor Hernandez stated lie would not support the motion because
he would like to see the money remain in the fund for the
broadcasting of meetings on cable.
Action Motion carried 4-0-1 (Hernandez abstained). Mayor Hernandez
stated for the record that he would only support the creation of an
account that would accept donations for the operation of the City's
Cable Channel and would not want to limit the City's ability to
provide public education and the airing of governmental changes
to the public.
Discussion ensued as to the use of PEG funds and the prior use of
such funds when the City aired cable television. Finance Director
Bachman responded to question regarding prior use.
COUNCILMEMBERS COMMENTS
Mayor Hernandez requested to agendize a request to Athens for
reimbursement of fuel surcharge.
Mayor Hernandez requested to agendize to request Big League
Dreams share with the City 60% of their profit margin they are
making beyond their 100% expectation.
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City Council Minutes of March 17, 2009
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
at 8:18 p.m. in memory of Fred Woodford, Rod Garrity, and David
Tracy Kammueller, long time West Covina residents and West
Covina Lions members.
A istant City tlIrk Susan Rush
Mayor oger Hernandez