04-21-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 21, 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 Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Hernandez., Mayor Pro Tern Sanderson
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
City Attorney Arnold Alvarez-Glasman reported the following:
All members were present and closed session convened at
6:07 p.m. Prior to convening into closed session, all items on the
City Council and CDC agendas were announced for inclusion in
the closed session discussion.
Items on the City Agenda:
Conference with Legal Counsel — Anticipated Litigation —
Sue Williams — Mayor Hernandez recused himself from
participating in this matter, remaining councilmembers received a
briefing from Special Counsel with no action taken and nothing
further to report.
Conference with Legal Counsel — Anticipated Litigation —
Delores Hernandez — This item was not discussed and will be
brought back at a future time.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property: 1838 East
Workman Avenue (APN#8454-018-030) — Vice Chairman
Sanderson was not present for this discussion. Commissioners
received briefing from agency's negotiators, direction was
provided with no final action and nothing further to report.
CHANGES TO THE AGENDA None.
PRESENTATIONS Mayor Hernandez called forward Dave Daley, Chief Operating
Officer of Southland Transit and Brandon Leon with the East San
Gabriel Valley Japanese Community Center to recognize
Southland Transit for their generous contribution to sponsor this
year's Cherry Blossom Festival.
Mayor Hernandez assisted by Lt. Paul Lacommare, presented
Corporal Irene Meza with a Resolution of Commendation for
receiving the honor as the 57"' Assembly District Woman of the
Year for her dedicated service to the community as a member of
the West Covina Police Department by Assemblyman Dr. Ed
Hernandez.
Mayor Hernandez announced that the City is proclaiming April 20
— 26 as West Nile Virus Awareness Week to promote educating
City Council Minutes of April 21, 2009
the public on the methods to reduce the mosquito population and
the spread of the West Nile Virus.
Mayor Hemandez called forward Daniel Oaxaca, Executive
Director; Norma Martinez, Program Manager; and Peter Quezada,
Recycling Program Manager of the San Gabriel Valley
Conservation Corps, who presented a pro -active recycling
program.
Mayor Hernandez presented Vilken Pakradouni, Chairman of the
Annenian National Committee of the San Gabriel Valleys with a
proclamation designating April 24, 2009 as Annenian
Remembrance Day to recognize the 94°i Anniversary of the
Armenian Genocide.
ORAL COMMUNICATIONS
Cookie Nance Cookie Nance, West Covina resident, inquired as to who
developed the council district map and whether they had any
expertise in developing the map.
John Shewmaker John Shewmaker, West Covina resident, spoke on council districts
and having access to only one councilmember with districts; the
success of Big League Dreams and people who have come to West
Covina to visit BLD.
Lloyd Johnson Lloyd Johnson, West Covina resident, inquired as to the numbers
used to develop the districts and requested the City to conduct a
study to make sure the districts were properly divided; suggested
that Glenn Kennedy provide graffiti services to the City when the
current contract with Superior is up.
Irene Fleck Irene Fleck, West Covina resident, announced the West Covina
Beautiful Garden Walk, upcoming Library events and thanked
Council for revitalizing Galster Park.
Dana Sykes Dana Sykes, West Covina resident, addressed council districts
stating her support of a representative from each district would
give a voice to individual districts.
Tom Ramsey Tom Ramsey, SBPEA representative, spoke in opposition to
layoffs of general employees as an avenue to balance the budget,
and stated all employees are necessary to the City.
Lisa Deal Lisa Deal, West Covina employee, stated her commitment to her
work hoping budget cuts will not affect her department or her
position, which would cause a hardship for her family.
Ms. Clark Ms. Clark, West Covina employee, stated her love and need for her
job and expressed concerns of pay cuts and/or layoffs.
Jan Poirer Jan Poirer, West Covina employee, spoke of the dedication of the
employees and addressed budget cuts within the City and how she
and staff give 100%.
Maribel Guzman Maribel Guzman, West Covina employee, requested any cuts be in
ways other than pay.
Pricilla Perez Pricilla Perez, Records Clerk, stated concerns with possible salary
cuts with the current budget situation in the City.
City Council Minutes of April 21, 2009
Lori Barron Lori Barron, Public Safety Dispatcher, has concerns with the
requested salary cuts as she and her husband both work for the
city.
Sylvia Luna Sylvia Luna, Records Clerk, stated her concerns of budget cuts
imposed on employees. Expressed dismay that salary and benefits
may be cut.
J.C. Stiasnni J.C. Stiasnni, Los Angeles resident and community organizer in
West Covina, spoke in support of Emanuel Pleitez who is running
for the 32°d congressional seat.
Councilmember Herfert called a point of order stating that
normally, campaigning is not allowed from the podium.
Mayor Hernandez asked the City Attorney for clarification
on whether there was a violation of the law.
Following discussion on the issue, Mayor Hernandez
allowed the speaker to continue speaking.
Alfred Williams Alfred Williams, West Covina resident, addressed the proposed
council districts; advocated the return of televising the council
meeting on cable and spoke on the manner of spending and
allocating PEG funds.
Herb Redholtz Herb Redholtz, West Covina resident, as a resident and voter,
expressed his opposition to political speeches during City Council
meetings; stated he would not support council districts and giving
up his ability to elect five councilmembers.
Fred Sykes Fred Sykes, West Covina resident, addressed previous speakers
concerns of budget reductions; urged residents to read the
proposed initiative and become informed and involved.
Discussion ensued regarding speakers, their right to speak and the
purpose of oral communications; concerns raised by speakers
regarding budget issues and budget cuts; voters and the decisions
they make; and Council thanked the employees for bringing forth
their concerns.
Councilmember Herfert left the dais at 8:30 p.m. and returned at 8:35 p.m.
Mayor Hernandez allowed Fred Sykes and Herb Redholtz to give
rebuttal to comments made by councilmembers.
CONSENT CALENDAR Councilmember Touhey requested Item D-6b, be removed from
the consent calendar for separate consideration.
Councilmember Herfert requested Item D-5 be removed from the
consent calendar for separate consideration.
D-1 City Council Meeting Minutes (receive & file)
Minutes Special Meeting of December 2, 2008
• Regular Meeting of December 2, 2008
• Regular Meeting of December 16, 2008
D-2 Commission Summary of Actions (receive & file)
Summary of Actions • Planning Commission 04/14/09
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.
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City Council Minutes of April 21, 2009
• Genevieve Rankins vs. City of West Covina
• Ernestina Herrera vs. City of West Covina
D-4 Ordinance for Adoption
Ordinance Implementing the Digital Infrastructure and Video
Competition Act of 2006 Related to Cable Television
Ordinance No. 2191 Recommendation is that the City Council adopt the following:
ORDINANCE NO. 2191- 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
The following item was removed for separate consideration.
D-5 Award of Bid
Rehab of Residential Streets Award of Bid for Street Rehabilitation Work for Residential
Streets — (Project No. SP-09105)
Recommendation is that the City Council award the contract to
Gentry Brothers, Inc. in the amount of S 1,026,000.00 and authorize
the Public Works Director/City Engineer and City Clerk to execute
the contract for residential street rehabilitation work.
D-6a Miscellaneous — Fire Department
Weed Abatement 2009 Weed Abatement 2009 — Various Citywide Locations
Recommendation is that the City Council take the following
actions:
1. Set May 5, 2009 as the date for the public hearing of any
objections or protests to said program.
2. Approve the Weed Abatement Roll for the calendar year 2009,
and adopt the following resolution for the 2009 Weed
Abatement Program:
Reso No. 2009-19 RESOLUTION NO. 2009-19 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL
WEEDS GROWING UPON SPECIFIED STREETS AND
PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC
NUISANCE AND DECLARING ITS INTENTION TO REMOVE
AND ABATE THE SAME UNDER AND IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2,
CHAPTER 13, ARTICLE 2, SECTIONS 39560 THROUGH
39588, OF THE CALIFORNIA GOVERNMENT CODE
The following item was removed for a separate consideration.
D-6b Miscellaneous — Public Works Department
Citywide Sewer Service Charge West Covina Citywide Sewer Service Charge Setting a Public
Hearing Date on Method of Collection and Fee Increase
Recommendation is that the City Council introduce the following
Ordinance and adopt the following resolution:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE
PROCEDURES FOR THE SETTING OF SEWER FEES BY
RESOLUTION
RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A
SCHEDULE OF SEWER FEE INCREASES AND COLLECT
THE ANNUAL SEWER SERVICE CHARGE THROUGH THE
COUNTY TAX BILL AND SETTING JULY 7, 2009 FOR A
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City Council Minutes of April 21, 2009
PUBLIC HEARING ON METHOD OF COLLECTION AND
FEE INCREASES
D-6c Citywide Lighting and Maintenance District Preliminary Approval
Citywide Lighting & Maintenance of Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2009-20 RESOLUTION NO. 2009-20 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 16, 2009 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN
FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES
WITHIN THE DISTRICT
D-6d Authorization to Apply for the California Beverage Container
Beverage Container Recycling Recycling and Litter Reduction Grant for Fiscal Year 2009-2010
Recommendation is that the City Council authorize staff to submit
an application to the California Department of Conservation's
Division of Recycling for a California Beverage Container and
Litter Reduction Grant for the Fiscal Year 2009-2010.
D-6e Biological Monitoring of the Coastal Sage and Scrub Community
CSS Community Facility District Facility District
Recommendation is that the City Council accept the proposal from
Vandermost Consulting Services, Inc. for biological monitoring
and preparation of annual reports of the Coastal Sage and Scrub
Community Facility District and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
D-617 Miscellaneous — Finance Department
Tax Revenue Anticipation Notes California Communities Tax Revenue Anticipation Notes
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2009-21 RESOLUTION NO. 2009-21 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING AND APPROVING THE BORROWING OF
FUNDS FOR FISCAL YEAR 2009-2010; THE ISSUANCE AND
SALE OF A 2009-2010 TAX REVENUE ANTICIPATION
NOTE THEREFORE AND PARTICIPATION IN THE
CALIFORNIA COMMUNITIES CASH FLOW FINANCING
PROGRAM
CONSENT CALENDAR ACTION Motion by Sanderson and second by Herfert to waive further
reading of the resolutions/ordinances and adopt/introduce and
approve all items except Item D-5 and D-6b.
Motion carried 5 — 0.
Item D-5 Award o/Bid for Street Rehabilitation Workfor Residential Streets
— (Project No. SP-09105)
Councilmember Herfert commented that, in the future, he would
like a map included with the staff report
Motion Motion by Herfert and second by Hernandez to approve the award
of contract to Gentry Brothers, Inc. in the amount of $1,026,000.00
and authorize the Public Works Director/City Engineer and City
Clerk to execute the contract for residential street rehabilitation
work.
Motion carried 5 — 0.
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City Council Minutes of April 21, 2009
Item D-6b West Covina Citywide Sewer Service Charge Setting a Public
Hearing Date on Method of Collection and Fee Increase
Councilmember Touliey requested a separate vote for this item..
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE
PROCEDURES FOR THE SETTING OF SEWER FEES BY
RESOLUTION
RESOLUTION NO. — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A
SCHEDULE OF SEWER FEE INCREASES AND COLLECT
THE ANNUAL SEWER SERVICE CHARGE THROUGH THE
COUNTY TAX BILL AND SETTING JULY 7, 2009 FOR A
PUBLIC HEARING ON METHOD OF COLLECTION AND
FEE INCREASES
Motion Motion by Herfert to approve staffs recommendation to introduce
the ordinance and adopt resolution.
Councilmember Herfert requested statistical information be
included in the notice sent to the residents, which was included in
the staff report only and inquired whether the proposed budget
could also incorporate the costs for increased street sweeping to
every week.
Public Works Director Yauchzee stated the budget would
probably need to be increased and if directed by council those
additional costs could be included.
Mayor Hernandez asked for a second to Councilmember Herfert's
motion. Motion died for lack of second.
Item I-1 moved forward Mayor Hernandez requested and received Council consensus to
move Agenda Item 1-1, Mayor Roger I-Iernkndez — Request_i-onn
Mayor Roger Igennbndez Requesting the City Council Adopt a
Resolution to Express That the City Council Has Not Given
Direction to Layoff Public Safety Personnel or Re -Negotiate Their
Contracts forward.
Councilmembers' Request for Reports, Studies or
Investigations
Mayor Roger Hernandez
Request from Mayor Roger Hemandez Requesting the City
Council Adopt a Resolution to Express That the City Council
1-1 Has Not Given Direction to Layoff Public Safety Personnel or
Employee Contract Re -Negotiate Their Contracts
Mayor Hernandez stated the purpose of his request to adopt a
resolution that the City Council has not given direction to lay off
public safety personnel or to re -negotiate contracts.
Motion Motion by Herfert to receive and file with a statement that council
has not given any direction to staff at this time.. Councilmember
Herfert stated that a resolution is not necessary, was opposed to the
request to only include the public safety groups. Second by
Sanderson.
Alternate Motion Mayor Hernandez made an alternate motion to amend his request
to include all employee groups within the resolution.
City Council Minutes of April 21, 2009
Following further discussion, Mayor Hernandez requested a
second to his Alternate Motion. Motion failed due to lack of a
second.
Action on Original Motion Motion to receive and file with a statement that no direction has
been given to staff at this point in time ... Motion carried by 4 — 1
(Hernandez — No).
DEPARTMENTAL MATTERS
City Clerk's Office
Initiative Measure to Change the Method by Which City Voters
Elect Members to the City Council from an `At -Large" Process to
G-1 a "By -District" System
Districting Measure Mayor Hernandez announced the item and Assistant City Clerk
Rush presented the staff report detailing and explaining the
initiative process, current status of the process and the Council's
options now that the signature verification has qualified the
proposed measure for the next general municipal election.
Staff responded to questions regarding the proposed council
districts and elements that could be included in a report on the
effects of the proposed initiative.
There was further discussion as to the two components
before the City Council this evening, 1) to receive and file the
Certificate of Sufficiency on the results of the initiative petition
signatures, and 2) taking action on one of the following three
options per Elections Code Section 9215; a) the option to adopt the
proposed ordinance at this meeting; b) submit the ordinance to the
voters at the next regular general election, or c) to request a report
on the effect of the proposed initiative.
Motion Motion by Sanderson and seconded by Touhey to receive and file
the Certificate of Sufficiency on the results of the examination of
the initiative petition signatures. Motion carried by 5 — 0.
Motion Motion by Herfert and seconded by Touhey to request a report on
the effect of the proposed initiative as allowed by Elections Code
Section 9215.
Alternate Motion Alternate Motion by Hernandez to save resources and to expedite
the process by adopting the ordinance without alteration, at
tonight's meeting. Herfert offers a second to the motion in order to
allow for a vote on the motion.
Further lengthy discussion ensued which included council's
options, associated costs, educating the public on districting,
questions council would like to be answered within a report on the
effects of the proposal. Staff responded to questions.
Action Action on Alternate Motion to adopt ordinance, without alteration,
at this meeting in which the certification of the petition was
presented.
Motion failed 0-5.
Action Action on Motion to request a report on the effect of the proposed
initiative as allowed by Elections Code Section 9215 within 30
days and to include the following council questions within the
report to
1. Confirmation of the district boundaries.
2. Revenues (sales tax, property tax) and expenditures within the
districts.
3. Assessed property value in each district.
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City Council Minutes of April 21, 2009
4. Procedures to fill a council
district.
5. Cost of district proposal so
approved.
Motion carried 5-0.
Councilmember Lane left the dais at 10:10 pm
seat if no one runs within the
far, and costs if proposal is
AB 1234 CONFERENCE AND MEETING REPORT
Councilmember Herfert reported that he attended the National
League of Cities Conference on Green Cities
Mayor Hernandez gave a verbal report regarding attendance at the
League of California Cities Legislative Conference and Ethics
Training.
COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Roger Hernindez
Request from Mayor Roger Hernindez Requesting the City
Council Adopt a Resolution to Express That the City Council Has
I-1 Has Not Given Direction to Layoff Public Safety Personnel or
Employee Contracts Re -Negotiate Their Contracts
Item I-1 was brought forward for discussion after Consent
Calendar.
Mayor Roger Hernindez
I-2 Request from Mayor Roger Hernandez Requesting the City
Blue Star Program Council Provide Funding from the General Fund Reserves for the
Blue Star Program
Mayor Hernindez is inquiring on the funding availability for the
Blue Star Program for servicemen/women who are on the waiting
list for banners..
Motion Motion by Herfert and second by Hernindez to bring back a report
with cost feasibility. Motion carried by 5 — 0.
Councilmember Lane returned to the dais at 10:15 pm.
Councilmember Steve Herfert
I-3 Request from Councilmember Steve Herfert to Discuss Mayor
Mayor Quoted on Press Releases Roger Hernindez Request to be Quoted in all City Press Releases
Mayor Hernindez stated he did not make a request to be quoted in
all press releases.
Motion Motion by Herfert second by Sanderson to receive and file the
report. Motion carried by 5 — 0.
COUNCILMEMBER COMMENTS
Mayor Pro Teen Sanderson addressed expenditures discussed
earlier regarding PEG funds.
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City Council Minutes of April 21, 2009
ADJOURNMENT Motion by Touhey and second by Herfert to adjourn the meeting in
memory of R.J. Gonzales, a previous West Covina resident who
played Little League at Cortez Park and in memory of John Bayers,
long time West Covina resident.
City Clerk Susan Rush
4 - -Z�
i
Mayor Roger ernandez
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