06-16-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
June 16, 2009
Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:09 p.m in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Mary Hollifield
West Covina United Methodist Church
PLEDGE OF ALLEGIANCE Mayor Hernandez
ROLL CALL Mayor Hernandez, Mayor Pro Tom Sanderson
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
None.
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CHANGES TO THE AGENDA City Manager Pasmant announced that there is a non -substantive
change to Resolution #lof the staff report G-1 — November 3, 2009
General Municipal Election Resolutions — that has been distributed
to Council and is also available for the public.
PRESENTATIONS Mayor Hemandez presented Community Services Director
Michele McNeill a Proclamation declaring July 2009 Parks and
Recreation Month. Director McNeill presented a PowerPoint slide
presentation highlighting the many programs offered by
Community Services.
Mayor Hernandez called forward Sue Ajino, a participant in the
West Covina Softball program who spoke on the success of the
program.
ORAL COMMUNICATIONS
Don Carmen Don Carmen, West Covina resident, representing local residents,
presented a petition requesting Council to designate the athletic
fields and facilities at 2100 S. Azusa as the Stephen R. Herfert
Sportsplex in West Covina.
Lloyd Johnson Lloyd Johnson, West Covina resident, requested support for
mandatory spay and neutering of dogs and commented on a classic
car show held on June 15 at Bob's Big Boy.
Vickie Scheliga Vickie Scheliga, West Covina resident, spoke on National Night
Out which is held the I" Tuesday of August every year, requested
City Council to go dark that evening in order to participate.
Herb Redholtz Herb Redholtz, West Covina resident, spoke on agenda item
regarding capping individual city council allowance accounts
stating that the funds are for educational ventures that benefit all
West Covina residents.
Fred Sykes Fred Sykes, West Covina resident, spoke on the initiative petition
before the council regarding Council districts and addressed
graffiti problems in graffiti -dense areas.
Alfred Williams Alfred Williams, West Covina resident, addressed report presented
at the June 2°d Council meeting regarding the Council district
initiative.
City Council Minutes of June 16, 2009
Dana Sykes Dana Sykes, West Covina resident, spoke in support of reducing
individual City Council allowance accounts; addressed the non -
airing of Council meetings; addressed Athens Services special fuel
rate increase; inquired how a Mandatory Spay and Neuter Program
for Dogs will be implemented and enforced stating dissatisfaction
with L.A. County Animal Care and Control Services; and
requested an article on dog regulations be included in Discover.
Chris Agrella Chris Agrella; Montclair resident, strongly urged the City Council
authorize the extension of lights at Del Norte Park for the
remainder of the All -Star season and announced his candidacy for
Congress.
Councilmember Touliey stated, for the record, his objection to oral
communications as a platform for candidates to promote their
candidacy.
Councilmember Herfert expressed his appreciation by residents to
name a facility in his honor but respectfully declined the honor.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the senior low-
income development at 1838 Workman.
Elsie Messman Elsie Messman, West Covina resident, addressed a Tribune
editorial regarding Mayor Hernandez and the letter she submitted
to the Tribune which she read; addressed the sale of property on
Workman Avenue for a senior project.
City Manager Pasmant requested that Officer Brad Smith address
the comments regarding the graffiti contract and graffiti issues
brought forth by Mr. Sykes.
Officer Smith stated many of the graffiti issues raised by
Mr. Sykes are in the County area outside city limits.
Council discussion Lengthy discussion regarding the sale of property for the senior
project on Workman Avenue followed which included continents
by the City Attorney. Mayor Hernandez exercised his authority as
the chairman of the meeting to cease discussion and to move
forward with the meeting. Motion by Herfert and seconded by
Sanderson to allow the City Attorney to finish his comments
regarding the project. Motion carried 5-0 and the attorney
continued his comments regarding the senior housing project.
Per Resolution No. 2009-25 adopted June 2, 2009, when titles of ordinances and resolutions appear on
the City Council agenda, they shall be deemed to have been read by title and further reading is waived.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Request from Mayor Roger Hernindez Requesting the City
Council Instruct City Staff to Prepare a Report for the City
C-1 Council to Consider a Mandatory Spay and Neuter Program
Spay & Neuter Program for Dogs
Mayor Hernandez introduced the item and made a motion to
instruct staff to prepare a report to consider a mandatory spay and
neuter program for dogs.
Amended Motion Amended motion by Sanderson and seconded by Hernandez to
bring back a report to include ways to improve and enforce Animal
Control services along with consideration of a mandatory spay and
neuter program.
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City Council Minutes of June 16, 2009
City Manager Pasmant stated if the motion is approved the
report will also bring forth a review of the County's Title 10
[County's Code section regarding animals].
Councilmember Touhey stated he would not support a
mandatory spay and neuter program but would support looking at
Animal Control and their performance.
Action on Motion Motion failed 2 — 3 (Herfert, Lane, Touliey — No).
CONSENT CALENDAR
D-I City Council Meeting Minutes (receive & file)
Council Minutes No reports for this meeting
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Planning Commission 05/12/09, 05/26/09, 05/28/09, 06/09/09
D-3 Ordinance for Adoption
Ordinance for Adoption Ordinance Amending the West Covina Municipal Code Relating to
Procedures to Remove a City Commissioner
Ordinance No. 2193 ORDINANCE NO. 2193 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 2-67(g) OF THE WEST COVINA
MUNICIPAL CODE CLARIFYING THE PROCEDURES TO
REMOVE A CITY COMMISSIONER
Miscellaneous — Community Services Department
D-4a Request for Del Norte Baseball Field Light Extension for a District
Del Norte Field Lights 19 All -Star Tournament
Recommendation is that the City Council authorize the extension
of Del Norte Park baseball field lights from 9:00 p.m. to 10:30 p.m.
on Saturday, June 27 through Tuesday, July 14, 2009 for the
District 19 eleven and twelve year -old All -Star Tournament.
Miscellaneous — Finance Department
D-4b Annual City Loan for City-wide Proiect Are
City -Wide Loan Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2009-36 RESOLUTION NO. 2009-36 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A LOAN TO THE WEST COVINA
COMMUNITY DEVELOPMENT COMMISSION FOR THE
PAYMENT OF PROJECT AND ADMINISTRATIVE
EXPENSES FOR THE "CITY-WIDE" PROJECT AREA
D-4c
Annual City Loan for the West Covina Merged Redevelopment
Merged Redevelopment Area
Proiect Area
Recommend is that the City Council adopt the following
resolution:
Resolution No. 2009-37
RESOLUTION NO. 2009-37 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A LOAN TO THE WEST COVINA
COMMUNITY DEVELOPMENT COMMISSION FOR THE
PAYMENT OF PROJECT AND ADMINISTRATIVE
EXPENSES FOR THE WEST COVINA MERGED
REDEVELOPMENT PROJECT AREA
D-4d Surplus Equipment
Surplus Equipment Recommendation is that the City Council authorize a Toshiba 1050
copier (serial number 6198-6375) and a Toshiba 350 copier (serial
number 6198-6372), that were previously located at the Police
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City Council Minutes of June 16, 2009
Department, be sold at a public auction by US Auctions, in
accordance with Section 2-316 of the West Covina Municipal
Code.
D-4e Appropriations Limit for Fiscal Year 2009-2010
Appropriations for 2010 Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2009-38 RESOLUTION NO. 2009-38 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR ENDING JUNE 30, 2010
Miscellaneous - Police Department
D-4f FY 2009 Justice Assistance Grant (JAG)
JAG Grant Recommendation is that the City Council:
1. Authorize City and Police staff to complete the process of
obtaining the Fiscal Year 2009 Justice Assistance Grant,
including executing any required agreements with the City of
Los Angeles and the U.S. Department of Justice.
2. Approve the Fiscal Year 2009 Justice Assistance Grant, and
authorize the appropriation of an estimated $41,630 as follows:
• $10,130 into 208.31.3114.5113 (for overtime enforcement
at commercial areas)
• $31,500 into 208.31.3114.6220 (for police supply and
computer items)
Miscellaneous — Risk Management
D-4g Placement of Property Insurance for FY 2009/10
City Property Insurance Recommendation is that the City Council approve renewing the
City's property insurance coverage for FY 2009/10 with the
Hartford, at a cost of $42,910.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey to introduce/adopt
ordinances/resolutions as recommended and approve all items.
Motion carried 5 — 0.
PUBLIC HEARINGS
Public Hearing
E-1 West Covina Citywide Lighting and Maintenance District
Citywide Lighting District Mayor Hernandez announced the hearing matter and Assistant City
Clerk Rush verified that proper legal 'notice had been given.
Mayor Hernandez proceeded to open the hearing and Public Works
Director Shannon Yauchzee presented the staff report. City
Manager Pasmant asked that Director Yauchzee address the
possible impact to the General Fund.
Yauchzee reported that due to the depletion of reserves
over the years, the District would have a negative cash flow
resulting in a need to borrow from the General Fund. Staff is
recommending a 0.1% CPI increase to avoid the need to borrow
from the General Fund, which would cause a loss of interest
income and result in external borrowing. The 0.1 % increase would
also build up future reserves and would only be a .05-cent per year
cost increase for the average single dwelling lot.
City Manager Pasmant added that much of the expense in
this account has to do with lighting and electrical charges.
Assistant City Clerk Rush confirmed that no written
communications regarding the proposed assessment have been
received.
Public Testimony Mayor Hernandez opened the public testimony portion of the
hearing and asked for public comments.
City Council Minutes of June 16, 2009
Close Testimony With no one wishing to address Council, Mayor Hernandez closed
the public testimony portion of the hearing.
Resolution No. 2009 RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT
AND THE PLANS, SPECIFICATIONS, ESTIMATES,
DIAGRAM AND ASSESSMENTS CONTAINED THEREIN;
ORDERING LIGHTING FIXTURES AND ELECTRICAL
CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES
AND TO ORDER STREET TREES TO BE INSTALLED AND
MAINTAINED IN THE WEST COVINA CITYWIDE
LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL
YEARS BEGINNING JULY 1, 2009
Motion Motion by Herfert and second by Lane to adopt the resolution as
recommended. Motion carried by 5 — 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Hernandez recessed the City Council meeting at 8:37 p.m.
to convene the Community Development Commission meeting.
The City Council reconvened at 8:38 p.m. with all
Councilmembers present.
DEPARTMENTAL MATTERS
City Clerk's Office
G-1 November 3 2009 General Municipal Election Resolutions
November 3, 2009 General Election Mayor Hernandez introduced the matter and called for the
`presentation of the report.
Assistant City Clerk Rush presented an overview of the
necessary resolutions to conduct the November 3, 2009 General
Municipal election that will include A) calling for the November 3,
2009 general municipal election; B) requesting to consolidate with
the Los Angeles school district elections; C) setting general
provisions for candidate statements and covered details of options
the Council may adopt pertaining to the ballot measure (resolution
D and E).
Council discussion followed. Councilmember Herfert requested
that term "legislative body" within the ballot measure question be
changed to "City Council" for clarity to the voters and requested
that City Councilmembers not be authorized to write an argument
for/against the ballot measure, leaving the argument to be authored
by residents.
Motion by Herfert and seconded by Lane to adopt the resolutions
as follows: A) calling for the election; B) requesting consolidation
with the County; C) adopting candidate statement regulations; D)
to amend the resolution to not allow for councilmembers to write
arguments but to direct the City Attorney to prepare an impartial
analysis; and to change the verbiage from "legislative body" to
"City Council" within the body of the ballot measure question and
to not allow for the filing of rebuttal arguments (therefore taking
no action on resolution E as presented).
Mayor Hernandez requested clarity from the City Attorney on the
priority of arguments if Councilmembers are not authorized to
write an argument. City Attorney Alvarez-Glasman explained the
Elections Code section on argument priority.
Alternate Motion Mayor Hernandez made an alternate motion to adopt resolution E,
to allow rebuttal arguments. Motion died for a lack of a second.
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City Council Minutes of June 16, 2009
Action on Original Motion Original motion carried 5-0 with Hernandez requesting his vote to
not allow rebuttals to be reflected as a no.
Councilmember Herfert stated that his motion did not allow
for separate votes on each item of the motion.
Mayor Hernandez rescinded his vote and voted no.
Motion to adopt the following resolutions as amended, "legislative
body" was changed to "City Council' in ballot question and
rebuttal arguments are not allowed carried 4-1 (No - Hemandez).
Resolution No. 2009-40 A) RESOLUTION NO. 2009-40 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 2009, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES AND
FOR THE SUBMISSION TO THE VOTERS A QUESTION
RELATING TO CHANGING THE METHOD BY WHICH CITY
VOTERS ELECT MEMBERS TO THE CITY COUNCIL FROM
AN "AT -LARGE" PROCESS TO A `BY -DISTRICT SYSTEM
Resolution No. 2009-41 B) RESOLUTION NO. 2009-41 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2009, WITH THE LOS ANGELES
COUNTY'S UNIFORM DISTRICT ELECTION (UDEL —
SCHOOL DISTRICT ELECTION) TO BE HELD ON THAT
DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE
Resolution No. 2009-42 C) RESOLUTION NO. 2009-42 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENT SUBMITTED TO THE VOTERS
AT THE ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2009
Resolution No. 2009-43 D) RESOLUTION NO. 2009-43 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE,
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Roger Hernandez
Request from Mayor Roger Hemandez Requesting the City
Council's Consensus to Reduce and Cap Individual City Council
I-1 Allowance Accounts
Reduce & Cap Council Allowances Mayor Hernandez requested a reduction and capping of individual
city council allowance accounts with the savings to be used to fund
the airing of council meetings.
Motion Motion by Hernandez to reduce city council stipends from $4,700
to $2,200 and use the savings to fund the airing of council
meetings on WCCTV.
Council discussion ensued regarding the reduction and
various uses for the saving such as reducing the budget deficit,
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City Council Minutes of June 16, 2009
filling vacant positions and/or to help prevent take aways to
employees.
Following discussion Mayor Hemandez reiterated his motion to
reduce individual council allowances and use the savings to fund
the airing of meetings. Motion dies for lack of a second.
Alternate Motion Motion by Sanderson and seconded by Herfert to bring back the
item in September for discussion during budget review. Motion
carried 3 — 2 (No — Touhey, Lane).
Mayor Roger Hernandez
Request from Mayor Roger Hemandez Requesting the City
I-2 Council Repeal the Athens Services Special Fuel Rate Increase
Repeal Athens Fuel Rate Increase Mayor Hernandez stated that due to falling diesel and gas prices,
he requested consensus from Council to request that Athens repeal
the increase effective as of January I, 2009.
Motion Motion by Hernandez to repeal, as of January 1, 2009, the Athens
Services Special Fuel Rate increase approved by Council in
February 2008.
Council discussion ensued regarding staffs diligence in working
with Athens to make their annual rate adjustment and reflect any
increases or decreases in costs for services.
Motion by Herfert and seconded by Sanderson to receive and file
the report.
Mayor Hemandez stated his motion was still on the floor and
asked for a second. Motion died due to lack of a second.
Alternate Motion Motion by Herfert and seconded by Sanderson to receive and file
the report carried 4 — 1 (No — Hernandez).
Mayor Hernandez stated for the record that requesting a repeal of
the increase failed.
COUNCILMEMBER COMMENTS
Councilmember Touhey requested a report on renaming the
entrance of Sunset Avenue after Robert O. Young, former
councilmember, mayor and judge.
ADJOURNMENT
Councilmember Herfert requested a Closed Session Item be placed
on the next agenda regarding the S. Williams/Chung matters.
Motion by Hernandez and seconded by Lane to adjourn the
meeting at 9:35 p.m. in memory of Esau De La Pena, who died in
action on May 15, 2009; and former commander for Veterans of
r'—ign War, Manny Saca. Motion carried 5 — 0.
Mayor Ro er Hernandez
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