Loading...
07-07-2009 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL July 7, 2009 Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:22 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE Mayor Pro Tern Sanderson ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson Councilmembers Herfert, Touhey Absent: Councilmember Lane REPORTING OUT FROM CLOSED SESSION City Attorney Arnold Alvarez-Glasman reported the following: All members were present except Councilmember Lane. Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Labor Negotiators — Employee Organizations: W.C. Police Officers' Association, W.C. Police Management Association, W.C. Firefighters Association, I.A.FE, Local 3226, W.C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non - Sworn Safety Support Employees; Miscellaneous Unrepresented Management Employees [department heads] — Council received briefing with no further action and nothing further to report. Mayor Hernandez did not participate in the following discussions. Conference with Legal Counsel — Anticipated Litigation — one case — Sue Williams — Council received briefing with no further action and nothing further to report. Conference with Legal Counsel — Existing Litigation — Chung vs. City of West Covina — Council received briefing with no further action and nothing further to report. CHANGES TO THE AGENDA None. PRESENTATIONS Mayor Hernandez, assisted by Community Services Director McNeill, presented a certificate of recognition to Forrest Wilkens and Kathy Clark, representatives for the Tennant Foundation, for the foundation's donation towards the Independence Day event. ORAL COMMUNICATIONS Lloyd Johnson Lloyd Johnson, West Covina resident, expressed his disappointment with the Council on several recent council decisions, stating some of their decisions are only affecting minority groups of the community; and addressed animal issues. City Council Minutes of July 7, 2009 John Hughes John Hughes, West Covina resident, addressed the tremendous success of the 41h of July event. Lauren Becker Lauren Becker, Covina resident, addressed the lack of access to public information, citing a violation of the Brown Act, and her difficulty of getting information. Alfred Williams Alfred Williams, West Covina resident, addressed the return of cable and internet access to meetings; addressed return of funds borrowed from park districts for use in other districts; addressed conduct of councilmembers at meetings. Councilmember Herfert responded to comments by Mr. Williams and Mr. Johnson. Mayor Pro Tern Sanderson asked the City Attorney to look into the statement that the city has violated section the Brown Act. City Attorney Alvarez-Glasman stated he would provide a written response on the alleged violation of the Brown Act. CONSENT CALENDAR D-1 City Council Meeting Minutes (receive & file) Minutes • Regular Meeting of March 3, 2009 • Special Meeting of March 17, 2009 • Regular Meeting of March 17, 2009 D-2 Claims Against the City of West Covina Claims Against the City Government Tort Claim Denials (deny & notify claimant) Recommendation is that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Curtis Sanders vs. City of West Covina • Robert Smith vs. City of West Covina • Sharon Garcia vs. City of West Covina D-3 Traffic Committee Minutes of June 16, 2009 (accept & file) Traffic Committee Minutes I City Initiated That parking on Baymar Street from Shainwood Street to North Garvey Avenue be restricted to permit only parking. Traffic Committee Recommendation: That parking on Baymar Street from Shamwood Street to North Garvey Avenue be restricted to permit only parking. IL Linda Mooney, West Covina resident That parking on Woodgate Drive from Temple Avenue to Courtnay Circle be restricted to permit only parking. Traffic Committee Recommendation: That parking on Woodgate Drive from Temple Avenue to Courtnay Circle be restricted to permit only parking. 111. City Initiated That a multi -way stop sign be installed at the intersection of Fairway Lane and Garvey Avenue North. Traffic Committee Recommendation: That stop signs and appropriate pavement markings be placed on the west and eastbound approaches of Fairway Lane at North Garvey Avenue. 2 City Council Minutes of July 7, 2009 D-4 City Treasurer's Report (receive & file) Treasurer's Report Report for the Month of May 2009 D-5a Miscellaneous - City Manager's Office State's Take -Away of Gas Tax Resolution Opposing the State of California's Unconstitutional Take Away of the City of West Covina's Gas Tax Recommendation is that the City Council adopt the following resolution: Resolution No. 2009-44 RESOLUTION NO. 2009-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS D-5b Miscellaneous - Community Services Department Bus Shelter Advertising Five -Year Extension of the Bus Shelter Advertising Agreement with Clear Channel Outdoor, Inc. Recommendation is that the City Council authorize the City Manager to execute a five-year extension of the Clear Channel Outdoor, Inc. Bus Shelter Advertising Agreement through June 30, 2014. D-5c 11 Miscellaneous — Public Works Department Lot Line Adjustment No. 176 Lot Line Adjustment No. 176 Location: 112 Plaza Drive Applicant: Westfield Corporation, Inc. Recommendation is that the City Council adopt the following resolution: Resolution No. 2009-45 RESOLUTION NO. 2009-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 176 LOCATED AT 112 PLAZA DRIVE AND DIRECTING THE RECORDATION THEREOF D-5d Miscellaneous — Risk Management Workers' Comp Payment of FY 2009-10 Excess Workers' Compensation Insurance Recommendation is that the City Council authorize payment of the City's 2009/10 Excess Workers' Compensation coverage with the Big Independent Cities Excess Pool (BICEP), in the amount of $66,000, to be paid from account 363.15.1530.6418. Payment of FY 2009/10 Excess Liability Insurance Coverage and Approval of Continued Membership with the Big Independent D-5e Cities Excess Pool (BICEP) Excess Liability Insurance Recommendation is that the City Council: 1. Authorize payment of the City's 2009/10 excess liability insurance coverage with the Big Independent Cities Excess Pool (BICEP) in the amount of $348,600 to be paid from account 361.15.1530.6411. 2. Approve West Covina's continued membership in BICEP for an additional three years beginning July 1, 2009. CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Herfert to adopt resolutions as recommended and approve all items. Motion carried by 4 — 0 with Touhey abstaining on Item D-5c. 3 City Council Minutes of July 7, 2009 PUBLIC HEARINGS Public Hearing E-1 FY2009-2010 Community Development Block Grant (CDGB) CDBG Public Service Projects Program Public Service Project Funding Mayor Hernandez announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez opened the hearing and Management Analyst McDonald presented a brief report. Public Testimony Mayor Hemandez opened the public testimony portion of the hearing and asked for public comments. Julie Boynton, executive director of Project Sister, stated her appreciation of the City's support over the years. Fred Sykes, West Covina resident, addressed the request by KMAR Engineering and requested the City review the company prior to any allocations. Councilmember Touhey pointed out that the Senior Citizens Commission, Community Services Commission and staff did not recommend any funding for this company although they requested $100,000. Reverend Mary Hollifield, Board Member for Action Food Bank, thanked council for continued support for funding. Vatche Kelartinian, CAPS Alzheimer Day Care, thanked council for last year's funding and for consideration of funding this year. Antoinette Falice, Funding for Volunteers of America, thanked council for their continued support. Close testimony With no one else wishing to address council, Mayor Hernandez closed the public testimony portion of the hearing. Motion Motion by Herfert and seconded by Touhey to approve Option A: 1) Allocate $203,068 CDBG funds to the Public Service Projects in the report; 2) Direct staff to reduce funding allocations to all programs, on a percentage basis, if the actual amount of program income received through June 30, 2009 is less than the projected $156,268. Motion carried by 4 — 0. Public Hearing E-2 Code Amendment No. 08-06 — Mobile Food Vendors Mobile Food Vendors Mayor Hernandez announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had -been given. Mayor Hernandez opened the hearing and Acting City Planner Jeff Anderson presented a brief report stating that the matter was initiated by the Planning Commission due to concerns received about mobile food vendors related to noise, loitering and aesthetic issues and further explained that current regulations in the code do not address how a mobile food vendor should operate. Mr. Anderson also stated that the proposed amendment adds code language to address the procedure for the appeal of the permit review. Mr. Anderson responded to questions regarding food vendors hired by schools or private organizations or for City events and the proximity of the mobile food vendor to business providing similar menus. 0 City Council Minutes of July 7, 2009 Public Testimony Mayor Hernandez proceeded to open the public testimony portion of the hearing and asked for public comment. Linda Mooney, West Covina resident, spoke in favor of permit parking on Woodgate Drive and for council's consideration [Traffic Committee item]/ Dana Sykes, West Covina resident, spoke in favor of Mobile Food Vendor regulations for aesthetic and health related reasons. Glenn Kennedy, West Covina resident, stated his support of the proposed code amendment and strongly supported consideration of distance requirement between a mobile food vendor and food businesses. Sergio Reyes, West Covina resident, owner and operator of two mobile food businesses in West Covina stated lie takes his responsibility serious for cleanup and cleanliness and for providing healthful and safe food. Olga Lepe, West Covina resident, has been a food vendor in West Covina for the last three years and has never had any problems or complaints from customers or neighbors and stated her unit complies with health codes and her equipment is better kept than most restaurants. Councilmember Touhey asked if a requirement was included in the ordinance for storage of the units at a commercial/catering truck type locale to ensure they had access to proper dumping, and ice and supplies. Mr. Anderson stated the ordinance did not include this requirement but that it can be added. Colleen Rozatti, West Covina resident, addressed resident concerns of food vendors brought forward to her while serving on the Planning Commission. Such concerns included food safety and health issues, taking business away from local businesses and stated catering trucks should be restricted to their initial intent — to serve at construction sites and scheduled events and not at every corner. Pedro Arrellano, West Covina resident, shared concerns about the City's direction with allowing mobile food vendors and how this would affect the City's designation as a destination city. Rebuttal Sergio Reyes, West Covina resident, responded to statements opposing mobile food vendors and stated vendors do pay taxes and countered that Pasadena has five mobile food vendors in their city. Dana Sykes, West Covina resident, stated she changed her mind and is opposed to mobile food vendors and feels there should be more regulations. Close testimony ' With no one else wishing to address council, Mayor Hernandez closed the public testimony portion of the hearing. Council discussion Mayor Pro Tern Sanderson inquired if a city can prohibit mobile food vendors entirely and also how long vendors are allowed to remain at a site that may impact a nearby business. City Attorney Alvarez-Glasman replied that the city could probably not ban them entirely and could face legal challenges, but they can be regulated. 5 City Council Minutes of July 7, 2009 Planner Anderson responded to question on vendors' mobility and stated food vendors are allowed to station themselves at a location through the property owner's written consent and clarified that currently, there are no regulations addressing this, but the proposed ordinance contains this regulation. Councilmember Touhey stated his support for the regulations as listed in the proposed ordinance; for proper storage and refrigeration, cleanliness, aesthetics, and would support a limit on the number of vendors allowed in the city. Mayor Hernandez expressed concern with protecting existing businesses that pay property taxes and the proximity of mobile vendors to such businesses. Following further discussion, City Manager Pasmant stated that the staff report recommendation is from both the Planning Commission and staff and added that Council may request the subject come back to address questions and any legal ramifications and specific questions brought forward. Motion Motion by Sanderson and seconded by Hernandez to bring back a revised report which includes the legalities of the following: 1) Limits on number of Vendor trucks 2) Storage location 3) Legal challenges to restrict time limits at stationary locations 4) Proximity to like businesses Action on motion Motion to bring back the item to the next meeting with information addressing the four items and a moratorium carried by 4-0. Councilmember Touhey requested to entertain an amendment to add a moratorium on any new vendors above the current number with business licenses within the city. City Attorney Alvarez-Glasman confirmed that a moratorium may be added to the next meeting but would not go into effect for 45 days. Councilmember Herfert stated he is concerned that there currently are no regulations and would like to adopt the proposed ordinance tonight to include a limit of 6 vendors total and bring back the additional items to the next meeting. Council discussion ensued on what could be approved at this meeting to limit the number of vendors but decided to have the item come back with more information. DEPARTMENTAL MATTERS City Manager's Office Designation of Voting Delegate for League of California Cities G-1 Annual Conference League Voting Delegate Mayor Hernandez announced the matter and Councilmember Touhey inquired about the need to approve this item since the Council previously decided to no longer attend conferences as a savings measure. Motion Motion by Herfert and seconded by Sanderson not to send a delegate. Motion carried by 4 — 0. At 9:33 p.m. the Community Development Commission (CDC) was called to order to enable both the City Council and the CDC to take action on the following subject. The record should reflect that Commissioner Lane was not present. 6 City Council Minutes of July 7, 2009 Public Works Department Election on the Levy of Special Taxes in Community Facilities G-2 District No. 2009-1 and Certification of the Election Results CFD 2009-1 Special Taxes Public Works Director Shannon Yauchzee provided a brief report stating that the purpose of the election is to provide for the levy of special taxes to finance the ongoing maintenance and operations of streets, storm drains and a multipurpose trail for the area that includes the Sportsplex, future office buildings, and golf properties adjacent. to the closed BKK landfill. It is staffs recommendation to approve as the best funding alternative. Mayor/Chairman Hernandez called for the casting of votes on behalf of City property within the District and called for a motion to adopt the resolution in order for the City to cast its votes. Resolution No.2009-46 RESOLUTION NO. 2009-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE RESULTS OF THE ELECTION HELD ON JULY 7, 2009, ON THE LEVY OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion Motion by Herfert and seconded by Sanderson to adopt the resolution. Motion carried by 4 — 0. City Manager/Executive Director Pasmant casts all of the City's 27 votes in favor of the levying of special taxes by the District. Mayor/Chairman Hernandez called for the casting of votes on behalf of all Community Development Commission (CDC) property within the District and called for a motion to adopt the resolution in order for the CDC to cast its votes. Resolution No. 603 RESOLUTION NO. 603 — A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, VOTING IN FAVOR OF LEVYING SPECIAL TAXES TO FINANCE SPECIFIED PUBLIC FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion Motion by Herfert and seconded by Sanderson to adopt the resolution. Motion carried by 4 — 0. City Manager/Executive Director Pasmant casts all of the CDC's 117 votes in favor of the levying of special taxes by the District. Assistant City Clerk/Commission Secretary Rush verified that no other ballots were received by the City. All votes having been cast, Mayor Hemandez closed the election and requested the certification of the election results. Resolution No. 2009-47 RESOLUTION NO. 2009-47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE RESULTS OF THE ELECTION HELD ON JULY 7, 2009 ON THE LEVY OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion Motion by Herfert and seconded by Sanderson to adopt the resolution. Motion carried by 4 — 0. 1 City Council Minutes of July 7, 2009 The City having received the two-thirds voter approval of the special tax, Mayor/Chairman Hernandez called for the adoption of the ordinance to levy the special tax. Ordinance No.2194 ORDINANCE NO. 2194 — 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. 2009-11 AND 2009- 17 Motion Motion by Herfert and seconded by Sanderson to adopt the ordinance. Motion carried by 4 — 0. COMMUNITY DEVELOPMENT COMMISSION Mayor/Chairman Hernandez recessed the City Council meeting at 9:48 p.m. and continued the CDC meeting with all members present except Councilmember/Commissioner Lane. The City Council reconvened at 9:49 p.m. COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS Councilmember Michael Touhey Request From Councilmember Michael Touhey Requesting the City Council to Instruct City Staff to Prepare a Report Renaming 1-1 the Street Entering the Civic Center after Judge Robert O. Young Naming Civic Center after Judge Councilmember Touhey is requesting to rename the entrance into the courthouse and civic center after Judge/Mayor Robert O. Young who passed away last year. Motion Motion by Sanderson and seconded by Touhey to bring back a report to council. COUNCILMEMBER COMMENTS Councilmember Herfert announced that Council will go dark on August 4°i to recognize National Night Out. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting at 943 p.m. Motion carried by 4 — 0. G Assistant Cif lerk Susan Rush Mayor og r Hernandez 9