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.
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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.
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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.
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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.
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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.
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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.
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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-
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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
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