09-01-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 1, 2009
Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:10 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE Councilmember Touhey
ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson,
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
City Attorney Arnold Alvarez-Glasrnan reported the following:
Prior to convening into closed session, all items on the City
Council agenda were announced for inclusion in the closed session
discussion. Prior to convening into closed session Councilmember
Lane recused herself from both public comments and discussion of
the item upon discovering that her nephew's stepfather participates
in representing the employee group.
Items on the City Agenda:
Conference with Labor Negotiators Non -Sworn Safety
Support Employees — City Council directed the negotiators to
approve the amendment to the MOU as presented with
modification that the "me too" language will read "only to the
extent that if any other City bargaining unit or group receive wage
increases during the terms of this agreement, the City shall apply
such increases to the Non -Sworn Safety Support Employees."
Such language will be included in the MOU agreement, the 20
hours concession as previously discussed will not be part of the
agreement, and the Mayor's been authorized to execute the
agreement., Action taken was 4-0.
CHANGES TO THE AGENDA City Manager Pasmant stated that Mayor Pro Tern Sanderson
requested an urgency item be placed on the agenda for Council's
consideration pertaining to a public safety issue occurring across
the street from a school. City Attorney Alvarez-Glasrnan stated
the subject became known after the posting of the agenda and
would require two-thirds council majority to be added to the
agenda for discussion.
Mayor Pro Tern Sanderson stated many residents expressed
their concern with police calls and guns drawn at a location
adjacent to a school.
Motion by Sanderson and seconded by Touhey to add the
item to the agenda for discussion. Motion carried 5-0.
PRESENTATIONS Mayor Hernandez announced that the representative from the Los
Angeles County Fair would be unable to attend tonight's meeting.
Dina Zaklama, Manager for Wells Fargo West Covina Heights
branch, presented Senior Citizens Center Supervisor Travis Iseri
with a $1,500 donation to be used for the Senior Center Computer
lab.
Mayor Hernandez, assisted by Gerardo Ortiz, General Manager of
the Youth Pony Shetland Red All Starts, presented certificates of
recognition to the players of the Pony West Zone, SoCal East
Region Champions.
City Council Minutes of September 1, 2009
Mayor Hernandez, assisted by Louie Chavez, Manager of the
Youth Pony Pinto Red 8 All Stars, presented certificates of
recognition to the play of the Pony West Zone, SoCal East Region
Champions.
Mayor Hernandez, assisted by Alex Chavez, Manager of the Youth
Pony Bronco Red 11 All Stars, presented certificates of recognition
to the players of the Pony West Zone, SoCal East Region
Champions.
Mayor Hernandez assisted by Michael -Quinn, Manager of the
American Little League District 19 All Stars, presented certificates
of recognition to the 11-year old champions.
Councilmember Lane announced that Flowers by Robert Taylor is
sponsoring their 14°i annual good day neighbor event beginning at
7:00 a.m. on September 9"' and will be giving out a dozen roses
while supplies last to each visitor to share with their friends and
family.
ORAL COMMUNICATIONS
John Hughes John Hughes, West Covina resident, announced the upcoming
Jerry Lewis telethon on Monday, September 7. Mr. Hughes
thanked the council for their continued support of- the Muscular
Dystrophy Association.
Gautaui Dutta Guataui Dutta, representing New America Foundation, requested
council's support AB 1121 regarding ranked voting. Mr. Dutta
briefly explained the proposed voting system.
Shirley Buchanan Shirley Buchanan, West Covina resident, spoke on an article in the
Tribune editorial section that addressed West Covina Discover and
inquired as to the continued budgeting of Discover during these
economic times.
Kathleen Newman Kathleen Newman, West Covina resident, addressed the West
Covina Police Department as corrupt due to an incident that
occurred at her house.
Herb Redholtz Herb Redholtz, West Covina resident, commented on the Ranked
Voting System as addressed by previous speaker expressing his
opposition to the system asking council to not support the bill;
spoke in support of Discover West Covina as a publication whose
purpose is to promote the city and that it is not a newspaper.
Dana Sykes Dana Sykes, West Covina resident, addressed the proposed
ordinance that would regulate mobile food vendors as confusing
and expressed her concerns with mobile food vendors.
Councilmember Touhey addressed the mobile food vendor
ordinance and expressed concerns with the home on Barranca
which is the subject of the added urgency item.
Mayor Pro Tem. Sanderson and Councilmember Herfert
also addressed allegations and the incident brought forth by Ms.
Newman.
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.
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City Council Minutes of September 1, 2009
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
Minutes Special Meeting of April 7, 2009
Regular Meeting of April 7, 2009
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Community Services 05/12/09 & 06/23/09
b) Human Resources 04/08/09, 05/13/09 & 05/28/09
Award of Bid
Award of Bid for Construction of Sidewalks and Repair Damaged
D-3a Sidewalk at Various Locations — (Project No. TP-10505 — Phase I)
Sidewalks Recommendation is that the City Council take the following
actions:
1. Accept the bid of FS Construction, Inc. in the amount of
$24,400.00 as submitted on August 11, 2009, and authorize the
Public Works Director/City Engineer to execute the contract.
2. Authorize the Public Works Director/City Engineer and City
Clerk to execute a change order in the amount of $9,256.50
with FS Construction, Inc. for additional sidewalk repair work
on Sentous Avenue.
B-3b Cardiovascular Fitness Equipment — Award of Purchase '
Fitness Equipment Recommendation is that the City Council approve an award of
purchase to Advantage Fitness of Culver City, California, to
provide fitness equipment for the West Covina Fire Department's
Wellness and Fitness Program, in an amount not to exceed
$49,003.38.
D=4 City Treasurer's Report (receive & file)
Treasurer's Report Report for the month of July 2009.
Miscellaneous — Human Resources Department
Resolution Waiving the PERS 960-Hour Rule for One Assistant
D-5a Fire Chief
PERS 960-Hours Rule Recommendation is the City Council adopt the following
resolution:
Resolution No. 2009-58 RESOLUTION NO. 2009-'58 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
WAIVING THE CALPERS 960-HOUR RULE FOR RICHARD
GENOVESE
D-5b
Approval of Class Specification for Police Reserve Commander
Class Spec
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2009-59
RESOLUTION NO. 2009-59 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE CLASS SPECIFICATION FOR POLICE
RESERVE COMMANDER
Miscellaneous — Planning Department
Ordinance for Adoption
D-5c
Code Amendment No. 08-06 — Mobile Food Vendors
Mobile Food Vendor Ordinance
Recommendation is that the City Council adopt the following
ordinance:
Ordinance 2196
ORDINANCE NO. 2196 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 14 (LICENSES AND BUSINESS
REGULATIONS) AND CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE REGULATING MOBILE
FOOD VENDORS (Code Amendment No. 08-06)
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City Council Minutes of September 1, 2009
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Lane to adopt all
resolutions and ordinance as recommended and approve all other
items.
Motion carried 5-0.
ADDITION OF
NON -AGENDA ITEM The addition of a non -agenda that came to the attention of the City
Council after the posting of the agenda was approved 5-0 at the
beginning of the meeting prior to presentation.
Mayor Pro Tern Sanderson requested staff provide an infonnal
report as to the reported situation in order for Council to take the
proper action if any.
Police Chief Wills provided an informational overview of the
police response at 328 S. Barranca. Wills stated the recent police
activity at the location was in response to alleged assault and
disturbance.
Police Chief Wills responded to questions and no council
action was necessary or taken.
PUBLIC HEARINGS Public Hearing
2009 Congestion Management Program (CMP)
Conformance Self -Certification and Local Development
E-1 Report (LDR)
CMP and LDR Mayor Hernandez announced the public hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Hernandez proceeded to open the public
hearing and City Planner Jeff Anderson presented a brief staff
report.
Public Testimony Mayor Hernandez proceeded to open the public testimony portion
of the hearing and asked for public comments.
Royall Brown, West Covina resident, addressed the multi -family
residential activity on the Local Development Report and finds .the
report deficient, suggesting the State. revise the form.
Close Testimony There being rno one desiring to address the council, Mayor
Hernandez closed the public testimony portion of the hearing.
Motion by Touhey and seconded by Lane to adopt the following
resolution as recommended by staff.
Resolution No. 2000-60 RESOLUTION NO. 2009-60 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE COMP LOCAL DEVELOPMENT REPORT,
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65089.
Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Hernandez recessed the City Council meeting at 8:42 p.m.
to convene the Community Development Commission meeting.
The. City Council reconvened at 8:43 p.m. with all members
present.
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City Council Minutes of September 1, 2009
COUNCILMEMBIERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Request from Mayor Roger Hernandez Requesting the City
Council Instruct City Staff to Prepare a Report Supporting
I-1 AB 1121— Ranked Voting
Ranked Voting Motion by Hernandez to support Ranked Voting and to have staff
return with a resolution of support for AB 1121.
Motion died for a lack of a second. No further action
taken.
COUNCILMEMBER COMMENTS
Mayor Hernandez requested an update of the 65 unit housing
facility on Workman Avenue.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourned the City
Council meeting at 8:51 p.m. -in memory of
0 Jeanette Kaluza, long time resident and former teacher,
• LA County firefighter Specialist Arnie Quinones and LA
County Captain Ted Hall,
• Dukes baseball coach Dan Arton
• Dukes baseball coach Thomas Parker.
Motion carried 5-0.
Submi ted,by:t, ':.
Rush
R