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
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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.
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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.
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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
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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.
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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.
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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.
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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