05-05-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 5, 2009
Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:23 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Dr. Glen Thorp, Pastor
Community Presbyterian Church
PLEDGE OF ALLEGIANCE Councilmember Lane
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 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 —
one case — Dolores Hernandez — Direction was provided to the
City Attorney with no further action and nothing further to report.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property:
1838 East Workman Avenue (APN#8454-018-031) —
Commissioners engaged in discussion with no further action and
nothing further to report.
CHANGES TO THE AGENDA None.
PRESENTATIONS Mayor Hernandez presented Alonso Silva, Jr. and his son, Alonso
Silva, III, with a Certificate of Recognition for their heroism to
save a man's life.
Mayor Hernandez presented Michele McNeill, Community
Services Director with a Proclamation designating May 2009 as
Water Safety Month.
Mayor Hernandez presented Shannon Yauchzee, Public Works
Director with a Proclamation designating May 4 — 10 as Public
Service Recognition Week.
Mayor Hernandez presented Fire Chief Paul Segalla with a
proclamation designating May 17 — 23 as Emergency Medical
Services Week.
Mayor Hemandez presented Edgar Salgado and Agustine Duran of
the United States Census Bureau with a proclamation expressing
the City's commitment to help with the 2010 Census and make
sure a full and accurate count of residents is conducted.
Mr. Salgado and Mr. Duran presented a short video presentation on
the importance of the 2010 Census.
City Council Minutes of May 5, 2009
ORAL COMMUNICATIONS
Royall Brown
Frank Ferrero
Royall Brown, West Covina resident, addressed the agenda report
on the effects of initiative petition.
Frank Ferrero, West Covina resident, spoke in support of parking
restrictions on street sweeping day.
Elizabeth Ferrero Elizabeth Ferrero, West Covina resident, also spoke in support of
parking restrictions on street sweeping and would support parking
restrictions on trash pick up day.
Guadalupe Solis Guadalupe Solis, West Covina resident, spoke in opposition to
overnight parking restrictions.
Miguel Amezcua Miguel Amezcua, West Covina resident, proposed the construction
of soccer fields at BKK instead of a golf course and offered to
bring back a proposal for soccer fields to benefit the city.
Bruce Leinbach & Vicki Scheliga Bruce Leinbach and Vicki Scheliga announced National Night Out
activities on May 20 at the Lakes.
Fredrick Sykes Fredrick Sykes, West Covina resident, spoke on Councilmanic
districts stating that districts would provide a stronger voice to
residents; addressed lack of broadcasting of council meetings and
addressed a resident's concern with a project next to her home at
Sunset and Fairgrove.
Joanne Wilner Joanne Wilner, West Covina resident, addressed senior housing
development on the CDC agenda expressing her concern with no
interest financing; suggested the Blue Shield banner should be
funded through donations and stated that the council district
initiative map was created by the 2000 census data as required.
Councilmember Touhey stated his objection to the podium being
used by candidates for office for campaigning purposes.
Betty Chu Betty Chu, city Councilmember in Monterey Park and
Congressional candidate, introduced herself to the residents of
West Covina and spoke on economic issues facing all cities.
Dana Sykes Dana Sykes, West Covina resident, concurred with
Councilmember Touhey that campaigning should not be done at
the podium; addressed the proposed council districts supporting the
measure to be on the ballot; addressed area schools that are not
included on the City's website.
John Shewmaker John Shewmaker, West Covina resident, spoke in opposition to
council districts stating the choice of five councilmembers is better
than only being able to choose one; addressed a previous special
election for a ballot measure in which the initiative received
enough signatures to qualify and still did not receive the majority
vote and expressed hope that this election is free of false
statements.
CONSENT CALENDAR
City Council Meeting Minutes (receive & file)
D-1 • Special Meeting of January 6, 2009
• Regular Meeting of January 6, 2009
Commission Summary of Actions (receive & file)
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City Council Minutes of May 5, 2009
D-2 a) Human Resources 02/11/09
b) Planning Commission 04/28/09
D-3 Traffic Committee Minutes of April 21, 2009 (accept & file)
L Request: West Covina Residents
That No Parking on Street Sweeping days be implemented on the
second and fourth Mondays of each month from 700 a.m. to 3:30
p.m. on the following street segments:
.Street Name'::
„From'
To
Evanwood Avenue
Vine Avenue
Cameron Avenue
Herald Street
Evanwood Avenue
California Avenue
Robindale Street
Glenshaw Street
California Avenue
Greenbeny Drive
Crumley Street
Herald Street
Glenshaw Drive
Robindale Street
Vine Avenue
Leewood Street
Glenshaw Drive
End of Street
Crumley Street
Evanwood Avenue
Greenberry Drive
Barbara Avenue
Evanwood Avenue
End of Street
Traffic Committee Recommendations:
That No Parking on Street Sweeping Days be implemented on the
second and fourth Mondays of each month from 7:00 a.m. to 3:30
p.m. on all street segments as requested except Herald Street.
That No Parking on Street Sweeping Days be implemented on the
second and fourth Mondays of each month from 8:00 a.m. to 12:00
p.m. on Herald Street from Evanwood Avenue to California.
II. Request: West Covina Residents
That No Parking on Street Sweeping Days be implemented on the
first and third Mondays of each month from 7:00 A.M. to 3:30
P.M. on the following street segments.
Street.Name, _a L
-. From-,'
To
Lufkin Street
Tamar Drive
End of Street
Meeker Avenue
Lufkin Street
Atwood Street
Tamar Drive
Atwood Street
Lufkin Street
Rama Drive
Atwood Street
Francis uito Avenue
Corak Street
Rama Drive
End of Street
Doublegrove Street
Rama Drive
End of Street
Traffic Committee Recommendations. -
That No Parking on Street Sweeping Days be implemented on the
first and third Mondays of each month from 7:00 A.M. TO 3:30
P.M. on the street segments as requested.
That staff re -survey the residents of Rama Drive from Atwood
Street to Francisquito Avenue in regards to the parking prohibition
on Street Sweeping Days.
That a "KEEP CLEAR" pavement message and 12-inch wide solid
white stripes be installed on Rama Drive at Lufkin Street.
III. Request: Gordon Pfitzer, Merced Elementary School
Principal
That a Passenger Loading Zone for School Days be established at
j Merced Elementary School on the north side of Merced Avenue
between the easterly and westerly entrances to the school's parking
lot.
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City Council Minutes of May 5, 2009
Traffic Committee Recommendation:
That a Passenger Loading Zone for School Days be established at
Merced Elementary School on the north side of Merced Avenue
between the easterly and westerly entrances to the school's parking
lot.
D-4 City Treasurer's Report (receive & file)
Treasurer's Report Report for the Month of March 2009
D-5a Miscellaneous — Community Development Commission
Auto Business Improvement Dist. Auto Plaza Business Improvement District
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2009-22 RESOLUTION NO. 2009-22 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
TO LEVY ASSESSMENTS WITHIN THE WEST COVINA
AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA
FOR FISCAL YEAR 2009-2010 AND PROVIDE NOTICE OF
PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 2,
2009
D-5b Miscellaneous — Police Department
G.R.E.A.T. Grant Program Private Grant (Kaiser Pennanente) for G.R.E.A.T. Program
Recommendation is that the City Council accept the new Kaiser
Pernanente grant and appropriate the $7,000 grant as follows:
• $5,000 into 221.31.3113.5113
0 $1,450 into 221.31.3113.6220
0 $550 into 221.31.3113.6270
CONSENT CALENDAR ACTION Motion by Touhey and second by Lane to waive further reading of
the resolutions and adopt and approve all items.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing
E-1 FY 2009/2010 Community Development Block Grant (CDBG)
CDBG Action Plan Action Plan
Mayor Hernandez announced the public hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Management Analyst Kelly McDonald gave a brief
summary of the CDBG Annual Action Plan options.
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
Hemandez closed the public testimony portion of the hearing.
Council Discussion Councilmember Touhey asked about the difference between the
eligible census maps.
Management Analyst McDonald explained the three
different types of maps: one shows the census tracts, another
shows the eligible block groups, and the third shows the
Redevelopment Project areas.
Motion Motion by Herfert and second by Sanderson to approve the FY
2009-2010 CDBG Action Plan
Motion carried 5-0.
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City Council Minutes of May 5, 2009
Protest Hearing
E-2 Weed Abatement 2009 — Various Citywide Locations
Mayor Hernandez announced the protest hearing matter and
Assistant City Clerk Rush verified the Affidavit of Mailing and
that proper legal notice had been given.
Motion by Touhey and second by Herfert to receive and
file the Affidavit of Mailing. Motion carried by 5 — 0.
Mayor Hernandez proceeded to open the hearing and Fire
Inspector Jason Briley presented the staff report. Assistant City
Clerk Rush confirmed that no written protests or objections against
performing the proposed work had been received.
Public Testimony Mayor Hernandez opened the public testimony portion of the
hearing and asked for the public's comments or objections.
Closed testimony With no one wishing to address Council, Mayor Lane closed the
public testimony portion of the hearing.
Motion Motion by Herfert and second by Touliey to approve the Order to
abate weeds and rubbish on those properties described in
Resolution No. 2009-19.
Motion carried by 5 — 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Hernandez recessed the City Council meeting to convene
the Community Development Commission meeting at 8:45 p.m.
The City Council reconvened at 8:46 p.m. with all members
present.
DEPARTMENTAL MATTERS
G-1 City Manager's Office
Initiative Measure Report on Initiative Measure to Change the Method by which City
Voters Elect Members to the City Council from an "At -Large"
Process to a `By -District" System
Assistant City Clerk Rush introduced the subject matter stating that
at the City Council meeting of April 21, 2009, the City Council
unanimously received and filed the Certificate of Sufficiency on
the results of the initiative petition signatures and requested a
report on the effect of proposed initiative.
Deputy City Manager Freeland presented a report on the
effect of the proposed ordinance. The report included discussion
of the various areas of impact as outlined in Election Code Section
9212 and additional matters requested by council which included:
a) Confirm the district boundaries and populations
provided by the authors of the initiative,
b) Revenues (sales tax, property tax) and expenditures
(CIP) within each proposed district,
c) Assessed property value in each district,
d) Procedure to fill council seat if there were no
candidates from a district running for the vacancy, and
e) Cost of district proposal to date, and estimated costs if
proposal is approved.
The report stated items b and c were incomplete at this time and
will be brought back at the next council meeting.
Staff responded to various questions from council
regarding the report.
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City Council Minutes of May 5, 2009
Council engaged in lengthy discussion regarding the initiative and
proposed council districts.
Motion Motion by Hernandez to receive and file the report and to bring
back at the next council meeting. [To bring back elements of the
report that was incomplete and option of adopting the ordinance or
submit ordinance to voters.] Council engaged in discussion as to
whether the next regularly scheduled council meeting will take
place as a majority of the council is scheduled to attend a
conference on that date.
City Attorney discussed the time frame in which the report must be
brought back to council and council's decision to either adopt the
ordinance or submit the ordinance to the voters. [30 days
following receipt of Certificate of Sufficiency.]
Following discussion, a majority of the council stated they
would be unavailable for the next regular council meeting.
Council discussion continued regarding their options to meet the
required time frame, which included possibly scheduling a special
meeting.
Alternate Motion Motion by Herfert and second by Sanderson to submit the initiative
to the voters at the next General Election on November 3, 2009
and to have staff bring back a report with additional information in
response to questions by Council.
Motion carried by 5-0.
G-2 Public Works Department
Collection of Sewer Service Charge West Covina Citywide Sewer Service Charge Setting a Public
Hearing Date on Method of Collection and Fee Increase
Public Works Director Yauchzee gave a report on the options
available for sewer service fees and method of collection. Staff is
recommending Option 1, a rate increase of approximately $.63 per
month to the typical residence, continue street sweeping twice a
month, continued funding for on -going and future repairs for the
sewer system, and collection through the General County Tax Bill,
Yauclizee responded to questions regarding an alternative
option which would increase street sweeping from two times per
month to four times per month.
Councilmember Herfert stated he would support the increase of
street sweeping from to four times per month.
Motion Motion by Herfert and second by Hernandez to approve Option #2
- Increase street sweeping frequency from two-times a month to
four -times a month and increase rates by 38% for 2009-2010 Fiscal
Year.
Motion carried 4 — 1 (Sanderson — No).
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
Motion by Herfert and second by Hernandez to waive further
reading of the ordinance, read by title only, and introduce.
Motion carried 5-0.
Councilmember Herfert left the dais
Assistant City Clerk Rush presented:
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City Council Minutes of May 5, 2009
Reso No. 2009-23 RESOLUTION NO. 2009-23 — 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 21, 2009 FOR A PUBLIC
HEARING ON METHOD OF COLLECTION AND FEE
INCREASES
Motion by Touhey and second by Lane to waive further reading of
the resolution, read by title only, and adopt.
Motion carried 3 — 1 (Sanderson No, Herfert Absent).
Councilmember Herfert returned to the dais.
MAYOR'S/COUNCILMEMBERS REPORTS
Mayor Roger Hernandez
H-1 Request from Mayor Roger Hernandez to Fund Blue Star Street
Funding Blue Star Banner Program Banner Program
Mayor Hernandez introduced the item.
Motion Motion by Hernandez to appropriate $8,500 from the General Fund
for the installation of 30 Blue Star Banners for those requests on a
waiting list and to replace the three "In Memoriam" street banners
to reflect military protocol of a gold star rather than a blue star.
Mayor Pro Tem Sanderson inquired as to whether the Blue Star
Program would be terminated if Council did not approve the
allocation of the $8,500.
Deputy City Manager Freeland responded that during the
budget process, each year, supplemental funding requests to fund
the Blue Star program are part of the process and will also be
included in this year's budget.
Sanderson supported fundraising to assist with the program
due to current budget issues.
Substitute Motion Substitute motion by Touhey and seconded by Herfert to
implement the Gold Star program immediately and appropriate
funding to replace the three "In Memoriam" banners as soon as
possible and to look at options on Blue Star Banners for those on a
waiting list.
Mayor Hernandez offered a friendly amendment to the
motion to allow a one-time appropriation of funds for banners for
those on a waiting list and direct staff to set up an organization to
handle fundraising for subsequent fiscal years. Motion failed due
to lack of a second.
Action on motion Mayor Hernandez reiterated Councilmember Touhey's
motion to appropriate funding to replace the three "In Memoriam"
banners for the three fallen servicemen with a Gold Star, and set up
a donation program to assist in fundraising.
Deputy City Manager Freeland stated the city currently has a
f
program to accept donations.
Motion carried 5-0.
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City Council Minutes of May 5, 2009
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
at 9:50 p.m. in memory of John Aguilar, Booster President for
South Hills Football and sports leagues volunteer who passed away
April 10. Motion carried 5 — 0.
E