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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. 3 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 2 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. 5 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. 7 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. 0 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 '0