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07-21-2009 - Regular Meeting - Minutesr MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL July 21, 2009 Motion by Touhey' and seconded by Herfert to have Councilmember Lane serve as chairman of the meeting due to the absence of both the Mayor and Mayor Pro Tem. Motion carried 3-0. Councilmember Lane called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the City HallCouncil Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Reverend Alexandra Conrads St. Martha's Episcopal Church Councilmember Herfert Councilmembers Herfert, Lane, Touhey Absent: Mayor Hernandez, Mayor Pro Tem Sanderson REPORTING OUT FROM CLOSED SESSION None. CHANGES TO THE AGENDA City Manager Pasmant reported the following changes to the agenda: - Item D-2, Cardiovascular Fitness Equipment — Award of Purchase, is removed and will be brought back at a subsequent meeting; - Amended language [typo] to Item D-4e — Contract Amendments: Police Off cers Association and Police Management Association, has been provided for Council review; Scheduled presentation from New America Foundation will be held over to future meeting. PRESENTATIONS None. ORAL COMMUNIICATIONS Sylvia Mann Fredrick Sykes Dana Sykes Lloyd Johnson Sylvia Mann announced that the West Covina Symphony Orchestra has become active again and has recently held approximately seven free public concerts and is looking forward to their next season. , Fredrick Sykes, West Covina resident, addressed concerns with mobile food vendors, the proposed Recycled Water Reservoir lease agreement, the increase of telecommunications installations, and graffiti problems. Dana Sykes, West Covina resident, addressed concerns regarding time limits of mobile food vendors, cell towers, feral dogs, and spoke on behalf of Shirley Buchanan to express her opposition to mobile food vendors. Lloyd Johnson, spoke on a recent disagreement he has had with Councilmember Herfert. City Council Minutes of July 21, 2009 Councilmember Herfert left the dais at 7:24 p.m. Due to lack of quorum, the meeting was suspended. Councilmember Herfert returned to the dais at 7:29 p.m. and the City Council meeting reconvened. Mike Miller Mike Miller, Chamber of Commerce President, addressed mobile food vendors and requested the council to postpone any action on the item to give the Chamber time to review the issue at their Economic Development Committee (EDC) meeting on August 3 to allow them and restaurant to give owners their input and concerns, and then have the EDC bring back their findings to Council in time for the first meeting in September. George Ogden George Ogden, West Covina resident, expressed concerns with excessive speed on Badillo, distributing a photo of a recent traffic accident and requested the City review the posted speed; expressed support for renaming the entrance to the Civic Center after Judge Robert. O. Young. Royall Brown Royall Brown, West Covina resident, addressed the recycled water reservoir lease agreement with Upper San Gabriel Valley Water District and voiced his opposition to the implementation of paid parking at the Civic Center. Pedro Arellano Pedro Arellano, West Covina resident, spoke on mobile food vendors stating the regulations impact his business and his employees and cited several areas of concern. Brian Keele Brian Keele, West Covina resident, expressed concerns with mobile food vendors and the effects on stationary businesses and suggested further review of regulations. Alfred Williams Alfred Williams, West Covina resident, addressed the_ recycled water reservoir site agreement; councilmember behavior; and supported the return of council meetings to cable TV. Councilmember Herfert addressed comments on the recycled water reservoir. Wen Wen Zhang Wen Wen Zhang, Acting West Covina Library Manager, introduced herself and announced upcoming Library events and thanked the Council for their support. Councilmember Touhey addressed issues brought forward regarding the proposed recycled water reservoir site lease agreement and concerns raised regarding proximity of "taco trucks" to existing business. CONSENT CALENDAR I D-1 Minutes i City Manager Pasmant responded to comments from speakers regarding the recycled water reservoir and graffiti abatement. Councilmember Lane stated she would abstain from Item D-4i, Recycled Water Reservoir Site Lease Agreement with Upper San Gabriel Valley Municipal Water District, due to possible conflict. Councilmember Touhey stated he would abstain from Item D-4c, First Amendment to Telecommunication Network License and Encroachment Agreement with Next G Networks, and requested the item be held to the next meeting. City Council Meeting Minutes (receive & file) No minutes for this meeting. 2 City Council Minutes of July 21, 2009 The following item was removed from the agenda and will be brought back at the next meeting. D-2 Award of Purchase Cardio Fitness Equipment Cardiovascular Fitness Equipment — Award of Purchase Recommendation is that the City Council approve an award of purchase to Customized Fitness of Los Angeles, California, to provide fitness equipment for the West Covina Fire Department's Wellness and Fitness Program, in the amount not to exceed $69,201.95 D-3 I Commission Summary of Actions (receive & file) Summary of Actions Planning Commission 06/23/09 & 07/14/09 D-4a Miscellaneous — Police Department 2008 SLESF Grant 2008 Supplemental Law Enforcement Services Fund (SLESF) Recommendation is that the City Council: 1. Accept the Supplemental Law Enforcement Services Fund (SLESF) grant, and appropriate the $111,331 grant as follows: • $25,000 into 155.31.3110.5113 (for supplemental police overtime) • $30,000 into 155.31.3110.6120 (for Graffiti Tracker) • $56,331 into 155.31.3110.6220 (for police supply items) D-4b Miscellaneous — Finance Department Identity Theft Prevention Identity Theft Prevention Program Recommendation is -that the City Council adopt the following resolution: Resolution No. 2009-48 RESOLUTION NO. 2009-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM Item requested to be held to next meeting. D-4c First Amendment to Telecommunication Network License and Next G Encroachment License Encroachment Agreement with Next G Networks Recommendation is that the City Council: 1. Approve the First Amendment to Telecommunications Network License and Encroachment Agreement with Next G to encroach upon and occupy a portion of the Public Right -of - Way for the limited purpose of constructing, installing, operating, and maintaining licensed communications equipment to provide service to wireless carriers. 2. Authorize Licensee to attach telecommunications nodes to certain identified traffic lights or streetlight poles. 3. Authorize the City Manager to execute the Amended License and Encroachment Agreement. Approve Project and Funding to Move the City Fire Department D-4d Operations to the Ultra High Frequency Radio Band Change to UHF Radio Band Recommendation is that the City Council take the following actions: 1. Approve the proposed project to move the West Covina Fire Department operations from VHF to a UHF radio frequency and move Public Works Maintenance operations to a VHF f frequency from a UHF radio frequency. 2. Approve a change order to the City's existing contract with Motorola Inc. for the new public safety radio ' system in the amount of $166,770.29, including sales tax for equipment to accomplish this project. Prices are based on Los Angeles County Contract 43070 dated July 1, 2007, valid through June 30, 2010. 3 City Council Minutes of July 21, 2009 D-4e POA/PMA Contract Amendments Resolution No. 2009-49 D-4f Paid Parking at Civic Center D-4g MD No. I Assessment 3. Appropriate $117,000 from the City Capital Improvement Fund (160). Miscellaneous — Human Resources Department Contract Amendments: Police Officers' Association (POA) Police Management Association (PMA) Recommendation is that the City Council adopt the following resolution: RESOLUTION NO. 2009-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2008-12, RELATING TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION; AND AMENDING RESOLUTION NO. 2008- 53, RELATING TO THE. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION Miscellaneous — Public Works Department Implementation of Paid Parking at the Civic Center Recommendation is that the City Council: 1. Approve the Civic Center paid parking program as presented. 2. Appropriate funds in„the amount of $110,000 from Fund I10 to begin implementation of this program as necessary. 3. Approve the purchase or lease of six (6) pay per space units and related equipment from the firm of Pacific Parking Systems. West Covina Landscape Maintenance District No. 1 — Setting of 2009-2010 Assessment Rate Recommendation is that the City Council adopt the following resolution: Resolution No. 2009-50 RESOLUTION NO.2009-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF FUNDS NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 D-4h West Covina Landscape Maintenance District No. 2 — Setting of MD No. 2 Assessment 2009-2010 Assessment Rate Recommendation is that the City Council adopt the following resolution: Resolution No. 2009-51 D-4i Recycled Water Reservoir RESOLUTION NO. 2009-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF FUNDS NECESSARY TO ,BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 No action during consent calendar motion. Item will be discussed later in the meeting to allow the City Attorney to determine if Councilmember Lane needs to abstain. Recycled Water Reservoir Site Lease Agreement with Upper San Gabriel Vallev Municipal Water District Recommendation is that the City Council authorize the City Manager to execute a lease agreement with the Upper San Gabriel 2 City Council Minutes of July 21, 2009 Valley Municipal Water District for the construction of a two million gallon recycled water reservoir. D-4j iTransfer of Storm Drain Improvements to the Los Angeles County Storm Drain Transfer WCH Proj. Flood Control District (West Covina Heights Project) Recommendation is that the City Council adopt the following resolutions: Resolution No. 2009-52 RESOLUTION NO. 2009-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1738 IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE k THEREOF Resolution No. 2009-53 RESOLUTION NO. 20098-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZE THE CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED IN FAVOR OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT D-4k Change Order to Residential Street Rehabilitation — Street Rehab Change Order Project No. SP-09105 (Annual Program) Recommendation is that the City Council take the following actions: a) Approve the extra work done by Gentry Brothers, Inc. in the amount of $276,015.30 and authorize the Public Works Director/City Engineer to execute a change order with Gentry Brothers, Inc. for the additional work. b) Transfer $15,000 from Project No. SP-08108 (Account No. 126.81.8843.7200) to Project No. SP-09105 (Account No. 126.81.8924.7200). D-41 Unauthorized Bins, Roll -offs, and/or Containers Unauthorized Bins/Roll-Offs Recommendation is that the City Council introduce the following ordinance modifying the City of West Covina Municipal Code Sections 12-16, 12-17, and 12-20 to declare the placement or use of bins, roll -offs, or other containers to store and/or transport solid waste and recyclable material in violation of Section 12-17(a), as unlawful, and authorize the Public Works Director to impound such bins, roll -offs, or other containers and fine the offender(s). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 12, ARTICLE II, SECTIONS 12-16, 12-17, AND 12-20 OF THE WEST COVINA MUNICIPAL CODE RELATING TO USE AND PLACEMENT OF UNAUTHORIZED BINS, ROLL -OFFS, AND/OR CONTAINERS Councilmember Reports Councilmember Michael Touhey D-5 Renaming of Street Entering the Civic Center after Judge/Mayor Renaming Civic Center Entrance Robert O. Young Recommendation is that the City Council approve the renaming of the entrance into the Civic Center after Judge/Mayor Robert O. Young and signage Option # I in the staff report. 5 City Council Minutes of July 21, 2009 CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to adopt all resolutions and introduce the ordinance and approve all items as recommended by staff except D-2 — Award of Purchase — Cai diovascular Fitness Equipment (removed from the agenda); D-4c - First Amendment to Telecommunications Network License and Encroachment Agreement with Next G Networks, (held to subsequent meeting). Item D-4i — Recycled Water Reservoir Site Lease Agreement with Upper San Gabriel Valley Municipal Water District, (held for discussion later during the meeting). Motion carried by the following Roll Call vote: AYES: Herfert, Lane, Touhey NOES: None ABSENT: Hernandez, Sanderson ABSTAIN: None PUBLIC HEARINGS F Public Hearing E-1 West Covina Citywide Sewer Service Charge Citywide Sewer Service Charge Councilmember Lane announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Councilmember Lane proceeded to open the hearing and Public Works Director Shannon Yauchzee presented the staff report and explained the purpose of the hearing is to approve the collection of fees through the County tax bill and the reasons for the increases. Yauchzee reported the current increases are due to new legislation adopted and enforced by the State Water Resources Control Board. One part of the legislation would require that cities take responsibility to ensure no pollution or trash goes into storm drains, adding that the City's change in street sweeping from twice per month to weekly is a measure to keep trash out of storm drains. The legislation further requires that cities be responsible for responding to and cleaning up sewer spills that result from grease and oils that plug up sewers as soon as possible. Violations can result in fines of up to $1,000 per day per violation. Assistant City Clerk Rush reported that there were eight protests received against the sewer increase, six verbal and two written, and two neutral communications asking for information. Public testimony Councilmember Lane opened the public testimony portion of the hearing and asked for public comments. Opposed ICharles Shibel, West Covina resident, stated his opposition to the 38% increase; addressed the increase in street sweeping days citing the need to put into place an ordinance to restrict parking on street sweeping days for it to be effective. Frank Lee Frank Lee, CKL Investment Corp., addressed the fonnula used to calculate sewer service charge as not fair and inequitable. Roy Hedrick l Roy Hedrick, West Covina resident, spoke in opposition to the proposed sewer service charge and addressed cars that are parked on the street preventing street sweeping. Hattie Seaman Hattie Seaman, West Covina resident, voiced her opposition to increased sewer charge stating the increase is a hardship. r Royall Brown Royall Brown, West Covina resident, addressed the Clean Water Act and increase in street sweeping expense as unnecessary. Close testimony There being no one else to address council, Councilmember Lane closed the public testimony portion of the hearing. 6 City Council Minutes of July 21, 2009 Council discussion Councilmember Herfert commented that West Covina has the second lowest sewer fees in L. A. County and that the increases are actually pass-throughs from the State Water Resources Control Board and supported adopting parking restrictions on street sweeping days. Councilmember Touhey thanked residents for their input and responded to statements made regarding dumping oil in storm drains would not cause problems and stated it was illegal and detrimental to the environment. Director Yauchzee also responded that dumping oil in storm drains is illegal and the City could be fined. Motion by Herfert and seconded by Touhey to adopt the following resolution: Resolution No. 2009-54 RESOLUTION NO. 2009-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING THE COLLECTING OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion carried by 3 — 0. E-2 Fees & Charges Public testimony Opposition Close testimony Motion Public Hearing Fees & Charges Councilmember Lane announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Councilmember Lane proceeded to open the hearing and City Controller Dennis Swink provided a brief report stating this item was first presented to Council at the June 2, 2009 council meeting and staff was directed to bring back a revised fee schedule to include public safety fees and exclude the proposed annual participation fee for sports council participants. Councilmember Touhey inquired into fees for unauthorized roll off bins. In response, Controller Swink and Public Works Director replied that the City can only recover costs and said this fee only includes the administrative citation. Public. Works Director Yauchzee stated that violators were also billed for the City staff s response time and cleanup. Councilmember Lane opened the public testimony portion of the hearing and asked for public comments. Royall Brown, West Covina resident, addressed concerns regarding civic center parking fees and the proposed fee range. Public Works Director Yauchzee responded that the information regarding the parking fee range was included in the staff report addressing implementation of paid parking and a range was proposed to allow the Finance Department the ability to adjust the fees. Councilmember Touhey requested additional information on cost recovery of fees for violations related to dumping on public streets/property and on impounding unauthorized roll off bins. There being no one else to address council, Councilmember Lane closed the public testimony portion of the hearing. Motion by Herfert and seconded Touhey to adopt the following resolution. 7 City Council Minutes of July 21, 2009 Resolution No. 2009-55 RESOLUTION NO. 2009-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES Motion carried 3-0. 1 COMMUNITY DEVELOPMENT COMMISSION Councilmember Lane recessed the City Council meeting at 8:52 p.m. to convene the Community Development Commission. The City Council reconvened at 8:53 p.m. with all members present except Mayor Hernandez and Mayor Pro Tern Sanderson. DEPARTMENT MATTERS G-1 Mobile Food Vendors Council discussion Motion Planning Department Code Amendment No. 08-06 Mobile Food Vendors Councilmember Lane announced the subject matter and read the following prepared request from Mayor Hernandez as it relates to the question "Can the City limit the number of permits issued to mobile food vendors?" - "The Mayor is respectfully requesting the City Council request an assessment to be compiled bye the Police Department and Community Enhancement Division to demonstrate whether too many vendors can cause a risk to public health, safety or welfare and that assessment be completed by the meeting of August 18, 2009." Senior 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. Mr. Anderson addressed four questions that City Council brought forward at the conclusion of the July 7, 2009 public hearing: 1) Can the City add a requirement that a mobile food vendor permittee provide information on where the mobile food vendor vehicle will be stored; 2) Can the City limit the number of permits issued to mobile food vendors; 3) Can the City establish time limitations that mobile food vendors can stay at one location; 4) Can the City require a minimum distance between mobile food vendors and restaurants? Asked by City Manager Pasmant to review the current city code for the benefit of the public, Mr. Anderson reported that the current city code requires a business license and a health department certificate only. ` Councilmember Touhey stated he would like to limit the number of vendors to only those six (6) who currently have a business license and to limit hours of operations, and expressed concern with proximity to schools and residences and that no public property be used by vendors. Councilmember Herfert expressed his opposition to mobile food vendors, however concurred with Councilmember Touhey. Motion by Touhey and seconded by Herfert to introduce the following ordinance as proposed and add the following: Limit the number of vendors to six (the current number of vendors operating in the city), limit hours of operation to 6:00 p.m. to 12:00 a.m. [when stationary for a period of time]; 'and, have the Planning Commission review the results of the code changes in twelve months. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 14 (LICENSES AND BUSINESS REGULATIONS) AND N. City Council Minutes of July 21, 2009 CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO MOBILE FOOD VENDORS (Code Amendment No. 08-06) Motion carried by 3- 0. Councilmember Lane called a break of the Council meeting at 9:03 p.m. City Council reconvened at 9:06 p.m. with Lane, Herfert and Touhey present. Consent Calendar Item D-4i Recycled Water Reservoir Site Lease Agreement with Upper San Gabriel Valley Municipal Water District City Attorney Alvarez-Glasman addressed Item D-4i and concerns raised by Councilmember Lane earlier to abstain and stated that the project will benefit the entire City including the South Hills Country Club, and, that although Councilmember Lane is a member of the Club, the project itself is remotely located from her property in the Nogales and Amar area. City. Attorney Alvarez-Glasman asked that the record reflect, that the proposed project has no economic benefit to Councilmember Lane. He also stated that the item could pass with two affirmative votes by the councilmembers present. Motion Motion by Herfert and seconded by Touhey to authorize the City Manager to execute a lease agreement with the Upper San Gabriel Valley Municipal Water District for the construction of a two million gallon recycled water reservoir. Motion carried by 2-0-1, (Lane abstained). COUNCILMEMB]ER COMMENTS Councilmember Herfert asked City Manager Pasmant to give a brief report on the State budget. City Manager Pasmant reported on the State's proposal to balance their budget by borrowing and seizing local city gas and property taxes including RDA funds and stated that this will have an impact on the City. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting at 9:14 p.m. in memory of longtime West Covina resident Bob Borden who was actively involved in community projects. Councilmember Touhey announced that his daughter achieved 5th Place in the U.S. in the Freestyle National Wrestling championship recently. Councilmember Herfert requested an informational report on the Police Department's report on the Cost per Resident. Motion carried by 3-0. Assistant Ci y Clerk Susan Rush Councilmember Sherri Lane 0