04-07-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 7, 2009
Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:05 p.m in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanderson
ROLL CALL Mayor Hemandez, Mayor Pro Tern Sanderson (arrived 7:19 pm),
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Scott Nichols reported the following:
All members were present except Councilmembers
Sanderson and Lane and prior to convening into closed session, all
items on the City Council agenda were announced for inclusion in
the closed session discussion. Closed session was called to order
with Commissioners Herfert, Hernandez and Touhey present.
Items on the City Agenda:
Conference with Legal Counsel — Anticipated Litigation —
One Case — Council discussion claim filed by the County of Los
Angeles regarding discharge into storm drains and oceans. There
was no reportable action taken.
CHANGES TO THE AGENDA None.
PRESENTATIONS Mayor Hernandez called forward Rick Jackson, Treasurer of the
Pasadena Tournament of Roses Board of Directors and Chris
Freeland, Executive Vice President of the West Covina Rose Float
Foundation. Mr. Jackson presented the City with the official
Trophy Photo of the city's rose float parade entry.
Mayor Hernandez, assisted by Community Services Director
McNeill, recognized Patrick Jacobo for his generous donation of a
collection of sports memorabilia, autographed baseballs, photos,
jerseys and various other pieces to the City to place at Big League
Dreams.
Mayor Hernandez called forward Pilar Alcivar-McCoy, Vice
President of California Park and Recreation Society and
Community Services Director McNeill to present the CPRS Award
of Excellence to the City of West Covina for the Big League
Dreams Development.
Big League Dreams received the 2008 CPRS Award of
Excellence in the category of Facility Design of Sports
Fields/Complexes for cities with 100,000 in population.
Mayor Hernandez presented Shannon Yauchzee, Public Works
Director with a proclamation designating Saturday, April 18 as
Earth Day.
City Council Minutes of April 7, 2009
Mayor Hemdndez presented Shannon Yauchzee, Public Works
Director with a proclamation designating April 18 through May 16
as Clean -Up Saturdays.
ORAL COMMUNICATIONS
Christina Esparza Christina Esparza, West Covina resident, complemented the West
Covina Fire Department for their quick response in aiding her
mother and thanked the City Council for their thoughtfulness with
the passing of her mother.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the proposed
Commission Rules and Procedures before council tonight.
Irene Fleck Irene Fleck, West Covina resident, announced the annual garden
walk sponsored by the Library along with other Library news.
Dana Sykes Dana Sykes, West Covina resident, addressed the Athens special
fuel rate increase; Big League Dreams sharing revenues with the
City; and returning council meetings to cable.
Fred Sykes Fred Sykes, West Covina resident, announced the Council District
initiative petition has qualified for the general election; addressed
the success of Big League Dreams and their partnership with the
City suggesting that Big League Dreams help the City in return
during the City's current economic struggles; addressed the return
of City meetings to cable and through internet access.
Alfred Williams Alfred Williams, West Covina resident, spoke on cable and
internet access to meetings; labor costs with Mt. SAC through the
use of PEG funds; and Big League Dreams giving back to the City.
Elsie Messman Elsie Messman, West Covina resident, addressed the return of
council meetings to cable asking what the City Council is hiding
by not televising meetings; and addressed several concerns
including the Big League Dreams bonds, Discover West Covina,
cell towers, attorneys fees, undeveloped land, and waiver of fees.
Bruce Leinbach Bruce Leinbach, West Covina resident, stated his observation of
cuts, which were not discussed at council meetings; addressed the
elimination of meetings from cable TV and the internet.
Shirley Buchanan Shirley Buchanan, West Covina resident, addressed Glenn
Kennedy's voluntary Graffiti abatement request and inquired into
liability and whether any response has been received by CalTrans;
addressed the elimination of meetings on cable and the internet.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed a previous
speaker regarding the waiving of fees and pointed out that the
council also voted to spend $1.8 million in support of a park.
Glenn Kennedy Glenn Kennedy, West Covina resident, responded to a previous
speaker's questions regarding his graffiti abatement program and
request to CalTrans.
Jeffrey Howell Jeffrey Howell, West Covina resident, addressed several issues
brought up by previous speakers.
Councilmembers addressed comments made by residents;
addressed the success of Big League Dreams, and addressed
budget issues. In discussing budget issues and concerns of
residents regarding reduction of public safety, Mayor Hernandez
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City Council Minutes of April 7, 2009
requested to have a resolution affirming council's position they
have not taken any action or directive to release police officers or
firefighters or to renegotiate any contracts.
Deputy City Manager Freeland addressed the PEG funds and the
purpose of those funds as brought forth by a speaker.
CONSENT CALENDAR Councilmember Herfert requested that Items D-6g, D-6i, D-6j, D-
6k and D-7 be removed from the consent calendar for separation
consideration.
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Community Services 02/10/09
b) Planning Commission 03//10/09 & 03/24/09
c) Senior Citizens Commission 01/22/09
Ordinance for Adoption
D-3 Code Amendment No. 09-01 — Christmas Tree Sales Code Update
Christmas Tree Sales Code Update Recommendation is to adopt the following ordinance:
ORDINANCE NO. 2190 — 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 CHRISTMAS
TREE SALES (CODE AMENDMENT NO. 09-01)
D-4 Traffic Committee Minutes of March 17, 2009 (accept & file)
Traffic Committee Minutes 1. Adrian Melendez, West Covina resident
That a "Keep Clear" pavement message be installed on the
north side of Cameron Avenue at the public alley east of
Glendora Avenue.
D-5
Treasurer's Report
Traffic Committee Recommendation:
That a "Keep Clear" pavement message be installed on the
north side of Cameron Avenue at the public alley east of
Glendora Avenue.
City Treasurer's Report (receive & file)
Report for the Month of February 2009
D-6a Miscellaneous — Fire Department
U.S. Department of Homeland Security, Federal Emergency
Firefighters' Assistance Grant Management Agency Assistance to Firefighters Grant
Recommendation is that the City Council take the following
actions:
1. Accept the U.S. Department of Homeland Security, Federal
Emergency Management Agency Assistance to Firefighters
Grant and appropriate the award as follows:
a. Appropriate $36,860 to Account No. 214.32.3210.6270
(Professional Services)
b. Appropriate $36,860 to Account No. 214.32.3210.7160
(Equipment)
2. Appropriate 20% matching funds in the amount of $18,430
from the General Fund Reserve to Account No.
110.32.3210.XXXX.
D-6b
2009 BJA Justice Assistance Grant
Miscellaneous — Police Department
2009 BJA Justice Assistance Grant
Recommendation is that the City Council:
1. Authorize City and Police staff to complete the process of
obtaining the 2009 BJA Justice Assistance Grant, including
executing any required agreements with the City of Los
Angeles, the U.S. Department of Justice, etc.
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City Council Minutes of April 7, 2009
2. Approve the 2009 Justice Assistance Grant, and authorize the
appropriation of an estimated $184,000 as follows:
• $40,000 into 208.31.3113.6220 (for police supply
items)
• $59,000 into 208.31.3113.7160 (for police equipment
items)
• $35,500 into 208.31.3113.7170 (for police vehicles)
D-6c Miscellaneous — Public Works Department
Sewer System Management Plan Approval of Sewer System Management Plan
Recommendation is that the City Council authorize the Public
Works Director/City Engineer and City Clerk to approve and
certify the Sewer System Management Plan.
D-6d Landscape Maintenance District No. 6 — Preliminary Approval of
MD No. 6 Engineer's Report Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2009-13 RESOLUTION NO. 2009-13 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEERS REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 2, 2009 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6
COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITH
THE BOUNDARIES OF THE DISTRICT
D-6e I Landscape Maintenance District No. 7 — Preliminary Approval of
MD No. 7 Engineer's Report Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2009-14 RESOLUTION NO. 2009-14 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEERS REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 2, 2009 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7
COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITH
THE BOUNDARIES OF THE DISTRICT
D-6f Los Angeles County Household Hazardous Waste and Electronic
Hazardous Waste Roundup Waste Round -Up in West Covina — May 16 2009
Recommendation is that the City Council authorize staff to host the
Los Angeles County Household Hazardous and Electronic Waste
Round -Up on May 16, 2009, here in West Covina.
Removed from consent calendar for separate consideration.
D-6g Azusa Light and Water Request to Excavate and Pave on Orange
Azusa Light Request to Excavate Avenue Currently Under Moratorium
Recommendation is that the City Council approve Azusa Light and
Water's request for an exemption to the City's Street Cut
Moratorium on Newly Improved Streets and to be permitted to
excavate and pave on Orange Avenue between Puente Avenue and
Grovecenter Street.
D-6h Landscape Maintenance Agreement with Azteca Landscaping for
Azteca Landscaping - CSS CFD Coastal Sage and Scrub Community Facility District
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City Council Minutes of April 7, 2009
Recommendation is that the City Council amend the current annual
maintenance agreement with Azteca Landscaping to fund the
ongoing maintenance costs for the Coastal Sage and Scrub
Community Facility District at an annual cost of $36,000.
Removed from consent calendar for separate consideration.
Miscellaneous - Community Development Commission
D-6i Neighborhood Stabilization Program
Neighborhood Stabilization Program Recommendation is that the City Council authorize staff to pursue
federal grant funding for the Neighborhood Stabilization Program.
Removed from consent calendar for separate consideration.
Miscellaneous — City Manager's Office
D-6j Resolution Supporting the United States Department of Defense's
Employer Support of the Guard Employer Support of the Guard and Reserve (ESGR)
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2009-15 RESOLUTION NO. 2009-15 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS SUPPORT FOR THE NATIONAL GUARD
AND RESERVE
Removed from consent calendar for separate consideration.
Ordinance Implementing the Digital Infrastructure and Video
D-6k Competition Act of 2006 Related to Cable Television
Cable TV Competition Act 2006 Recommendation is that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ITS CABLE
TELEVISION FRANCHISE AND LICENSE ORDINANCES TO
AMEND ARTICLE 2 OF CHAPTER 11 OF THE WEST
COVINA MUNICIPAL CODE TO IMPLEMENT THE DIGITAL
INFRASTRUCTURE AND VIDEO COMPETITION ACT OF
2006
Removed from consent calendar for separate consideration.
Councilmember Reports
Councilmember Michael Touhey
Resolution to Expand the Voluntary Graffiti Abatement
D-7 Coverage Area to Include the San Bernardino Freeway
Voluntary Graffiti Program Between Grand and the 605 Freeway
Recommendation is that the City Council approve a City Council
requested resolution in support of Mr. Glenn Kennedy's proposal
to expand the voluntary graffiti abatement coverage area to include
the San Bernardino Freeway between Grand Avenue and the 605
Freeway.
Reso No. 2009-16 RESOLUTION NO. 2009-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
IN SUPPORT OF EXTENDING THE VOLUNTARY GRAFFITI
ABATEMENT COVERAGE AREA TO INCLUDE THE SAN
BERNARDINO FREEWAY BETWEEN GRAND AND THE 605
FREEWAY
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Lane to waive further
reading of the resolutions/ordinances and adopt/introduce and
approve all items except Items D-6g, D-6i, D-6j, D-6k, and D-7.
Motion carried by 5 — 0.
Item D-6g Azusa Light and Water Request to Excavate and Pave on Orange
Avenue Currently Under Moratorium
Councilmember Herfert opposed repaving of only half the street as
would be done if Azusa Light were granted the street paving
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City Council Minutes of April 7, 2009
exemption. Councilmember Herfert stated he would support their
repaving the whole street.
Chet Anderson, Assistant Director of Utilities for Azusa
Light & Water explained the proposed project.
Council discussed the project and Public Works Director Yauchzee
responded to questions and stated the proposed project is better
than continual emergency repair resulting in patchwork.
Motion Motion by Hernandez to grant permission only if the entire street is
paved and second by Sanderson. Motion failed by 2 — 3 (No —
Touhey, Lane, Herfert).
Motion Motion by Herfert and second by Touhey to approve staff's
recommendation to approve request for an exemption. Motion
carried by 3 — 2 (No — Hernandez, Sanderson).
Item D-6i Neighborhood Stabilization Program
Councilmember Herfert requested a separate vote.
Motion Motion by Touhey and seconded by Sanderson to approve staffs
recommendation with the stipulation that no city resources be used.
Motion carried by 3 — 2 (No — Lane, Herfert).
Item D-6j Resolution Supporting the United States Department of Defense's
Employer Support of the Guard and Reserve (ESGR)
Councilmember Herfert pulled in case there was a representative in
the audience who wished speak on the item.
Motion Motion by Herfert and second by Sanderson to approve staffs
recommendation. Motion carried by 5 — 0.
Item D-6k Ordinance Implementing the Digital Infrastructure and video
Competition Act of 2006 Related to Cable Television
Councilmember Herfert stated that this item involves the future
collection of PEG fees and doesn't feel we should be collecting the
fee at this time, but to collect if we do televise cable in the future.
Motion Motion by Herfert and seconded by Sanderson to adopt the
alternative recommendation to introduce an ordinance striking Sec.
11-20 PEG Channel Facilities Fee and Payments. Motion carried
by 4 —1 (Hernandez — No).
Item D-7 Resolution to Expand the Voluntary Graffiti Abatement Coverage
Area to Include the San Bernardino Freeway Between Grand and
the 605 Freeway —
Motion Motion by Hernandez and seconded by Lane to approve staff
recommendation. Motion carried by 4 — 1 (Herfert — No).
Councilmember Herfert stated his reason for opposing this item
was that it is the State's responsibility not the City's, to maintain
the area in their jurisdiction. Councilmember Herfert suggested
the City send a letter to Assemblyman Hernandez and Senator
Romero to take action requiring CalTran to maintain the freeways.
Mayor Hernandez requested staff to generate a letter
expressing the City's concerns.
PUBLIC HEARINGS
Public Hearing
Establishing Community Facilities District No. 2009-1,
Pursuant to the Mello -Roos Community Facilities Act of 1982
E-1 and Authorizing an Election
Forming CFD 2009-1 Mayor Hernandez announced the public hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Hernandez proceeded to open the public
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City Council Minutes of April 7, 2009
hearing and Public Works Director Yauchzee presented the report.
The formation of the district will allow the levy of special taxes
against properties located in the district to fund ongoing
maintenance and operation of the infrastructure.
Assistant City Clerk Rush announced that one written comment
was received via e-mail to Miguel Hernandez, from Sara Withers
of the Charles Company on behalf of M&A Gabaee, stating the e-
mail was formal opposition to the proposed formation of
Community Facilities District (CFD) 2009-1.
Public Testimony Mayor Hernandez opened the public testimony portion of the
hearing and asked for public comment.
Close Testimony There being no one wishing to address the Council, Mayor
Hernandez closed the public testimony portion of the hearing.
Council discussion Mayor Hernandez asked for City Council discussion. No
discussion ensued.
Assistant City Clerk presented
Reso No. 2009-17 RESOLUTION NO. 2009-17 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO.
2009-1.
Motion Motion by Herfert and second by Sanderson to waive further
reading of the resolution and adopt. Motion carried by 5 — 0.
Reso No. 2009- I8 Assistant City Clerk Rush presented:
RESOLUTION NO. 2009-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING A DATE FOR AN ELECTION ON THE
COMMUNITY FACILITIES DISTRICT NO. 2009-1 SPECIAL
TAX LEVY FOR JULY 7, 2009
Motion Motion by Herfert and second by Sanderson to waive further
reading of the resolution and adopt. Motion carried by 5 — 0.
Assistant City Clerk Rush concurred with the City's selection of an
election date less than 125 days after such public hearing for the
CFD 2009-1.
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, LEVYING AND
APPORTIONING SPECIAL TAXES IN COMMUNITY
FACILITIES DISTRICT NO. 2009-1 IN ACCORDANCE WITH
RESOLUTION NO. 2009-17 AND 2009-18
Motion Motion by Herfert and second by Sanderson to waive further
reading of the ordinance, read by title only and introduce. Motion
carried by 5 — 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Hemandez recessed the City Council meeting at 9:06 pm to
convene the Community Development Commission meeting. The
City Council reconvened at 9:07 pin. with all members present.
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City Council Minutes of April 7, 2009
DEPARTMENTAL MATTERS
G-1 City Commission Rules & Procedures
Commission Rules & Procedures Councilmember Touhey stated his concern with absences due to
medical conditions and commissioner being removed from
position.
Motion Motion by Herfert and second by Sanderson to approve the
recommendation to instruct City staff to:
1. Develop a City Commissioner Rules of Decorum; and
2. Prepare an amendment to the West Covina Municipal Code to
address the procedures and consequences for inappropriate
behavior, up to and including removal of a City Commissioner;
and.
3. Prepare an amendment to the West Covina Municipal Code
Section 2-69(c) to change the number of absences that a
Commissioner is allowed to miss before being automatically
vacated from their position.
Councilmember Touhey stated his concern of absences due to a
legitimate medical condition and the commissioner being vacated
from their position.
Mayor Hernandez stated he does not see any compelling reason for
any change and would not be supporting.
Amended Motion Councilmember Herfert amended his motion to strike the absences
portion and only approve items # 1 and #2. Mayor Pro Tern
Sanderson who seconded the motion concurred.
Motion carried 4-1 (No. — Hernandez)
MAYOR'S/COUNCILMEMBERS REPORTS
Councilmember Michael Touhey
Request from Councilmember Michael Touhey Requesting the
City Council Review the City's Public, Education, &
H-1 Government (PEG) Fee Account
PEG Funds Councilmember Touhey stated his one issue of suspending the
collection of PEG funds was addressed earlier this evening and
discussed his request to establish an account to accept donation to
fund the future operation of the City's Cable Channel
Del Heintz, representative from Charter, provided an overview of
PEG funds and uses for PEG funds. Councilmember Touhey
asked if there is a statutory deadline in which the city must expend
its current funds.
Mr. Heintz offered free counsel on how to expend the
funds.
Motion Motion by Herfert and second by Touhey to direct staff to expend
the funds in anticipation of televising cable in the future.
Motion carried by 5 — 0.
AB 1234 Conference & AB 1234 Conference and Meeting Report
Meeting Reports Mayor Pro Tern Sanderson gave a verbal report regarding recent
award presented to the City from the California Redevelopment
Association for the Big League Dreams and shopping center.
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City Council Minutes of April 7, 2009
COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Roger Hernandez
Request from Mayor Roger Hernindez Requesting the City
Council Instruct Staff to Work with Athens Services to Repeal
I-1 the Special Fuel Rate Increase Approved in 2008
Athens Fuel Increase Mayor Hernandez stated lie would like staff to send
communication to Athens that the City is repealing the surcharge
due to the decrease of fuel charges.
City Manager Pasmant stated that staff is currently working with
Athens to determine the adjustment that needs to be made.
Following discussion of the matter, Mayor Hernindez stated that
staff will return with finding of their negotiations of an adjustment.
No motion or action taken.
Mayor Roger Hernindez
Request from Mayor Roger Hernindez Requesting the City
Council Consider Asking Big League Dreams to Share in their
Profits Beyond the Company's Expectations as Outlined in the
I-2 Operating Agreement
BLD to Share Profits Mayor Hernindez asked Council to consider sending a letter to Big
League Dreams asking them to share in the amount of profit
revenue that has exceeded their expectations, to help the city
during this current tough economic time.
Motion Motion by Herfert to receive and file the report.
Discussion ensued regarding the terms of the contract Big League
Dreams entered into with the City.
Mayor Hernindez stated his request was not to renegotiate
or change the contract but to make a request.
Alternate Motion Alternate motion by Hernindez to send communication to Big
League Dreams to discuss the option of sharing part of the profit
margin beyond their expected amount.
Motion died due to lack of second.
Mayor Hernindez restates Councilmember Herfert's motion to
receive and file. Motion is seconded by Lane.
Motion carried by 4 — 1 (Hemindez — No).
Councilmember Michael Touhey
Request from Councilmember Michael Touhey Requesting the
City Council to Instruct City Staff to Conduct an Audit of
1-3 Charter Communications' Franchise and PEG Fees
PEG Funds Councilmember Touhey withdrew the item.
COUNCILMEMBER COMMENTS
No comments
Motion by Sanderson and seconded by Herfert to adjourn the
meeting at 10:04 p.m.
Assistant City Clerk Susan Rush
Mayor Roger Hemindez
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