03-16-2010 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 16, 2010
Mayor Pro Tern Herfert called to order the regular meeting of the West Covina City Council at 7:00 p.m.
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Councilmember Herndndez
ROLL CALL Mayor Pro Tern Herfert
Councilmembers Hernandez (arrived at 7:04 p.m.), Lane, Touhey
Absent: Mayor Sanderson
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Matt Gonnan reported the following:
All members were present except Mayor Sanderson and
Councilmember Herndndez. Prior to convening into closed
session, all items on the City Council and Community
Development Commission agendas were announced for inclusion
in the closed session discussion.
Items on the City Council agenda:
Conference with Legal Counsel - Existing Litigation — City
of West Covina and City of West Covina Community Development
Commission v. Hassen Imports Partnership, et al., and related
cross complaints and cases - Council was briefed and direction
was given to legal counsel with no final action and nothing further
to report.
Conference with Legal Counsel — Existing Litigation —
Chung vs. City of West Covina — Council was briefed and direction
was given to legal counsel with no final action and nothing further
to report.
Conference with Legal Counsel — Anticipated Litigation —
One case — Briefing was given with no action taken and nothing
further to report.
Conference . with Labor Negotiators — Employee
Organizations: W. C. Police Officers' Association, W. C. Police
Management Association, W. C. Firefighters Association, I.A.F.F.,
Local 3226, W. C. Firefighters Management Association,
Confidential Employees, Maintenance & Craft Employees, Non -
Sworn Safety Support Employees, General Employees, Mid -
Management Employees; Miscellaneous Unrepresented
Management Employees: Assistant City Clerk, Assistant City
Manager, Community Development Dir., Community Services
Dir., Deputy City Manager, Finance Director, Fire Chief, Dir.
Human Resources, Planning Director, Police Chief, Public Works
Dir/City Engineer, Dir. Risk Management — Council received
briefing with direction provided to staff with no action taken and
nothing further to report.
Items on the Community Development Commission
Agenda:
Conference with Legal Counsel: Existing Litigation —City
of West Covina and City of West Covina Community Development
Commission v. Hassen Imports Partnership, et al., and related
cross complaints and cases - Council was briefed and direction
City Council Minutes of March 16, 2010
was given to legal counsel with no final action and nothing further
to report.
CHANGES TO THE AGENDA No changes.
PRESENTATIONS None
ANNOUNCEMENTS Acting City Planner Jeff Anderson announced that the census
questionnaires have been mailed and encouraged everyone to
complete them and return them as decisions on political
boundaries, private companies, and local jurisdictions are based on
the census.
. ORAL COMMUNICATIONS
Irene Fleck Irene Fleck, West Covina resident, gave an update on events at the
Library.
Isabella Zabala Isabella Zabala, West Covina resident, expressed support for the
Tobacco Retail License ordinance.
Rebecca Campos Rebecca Campos, spoke in support of the Tobacco Retail License
ordinance.
Steven Gallegos Steven Gallegos, chair of Coalition for a Tobacco Free LA County,
spoke in support of Tobacco Retail License ordinance and asked
for council's support.
Beverly Yanuaria Beverly Yanuaria, Alliance to Keep Youth Tobacco Free, thanked
the Council for listening to the youth and for their support.
Wendy O'Campo Wendy O'Campo, West Covina resident, spoke in support of the
Tobacco Retail License ordinance and gave a personal example of
how second hand smoke can kill.
Ashley Carr Ashley Carr, West Covina resident and volunteer with the
American Cancer Society, supported a fee with the Tobacco Retail
License ordinance.
Zodin Del Rosario Zodin Del Rosario, member of SIPA, responded to comments as to
why businesses who don't rely on tobacco as a main source of
income should pay the license fee.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed airing Council
meetings on cable television.
John Shewmaker John Shewmaker, West Covina resident, addressed the Tobacco
Retail License ordinance stating a tax will not prohibit the selling
of tobacco to minors; supported the enforcement of current laws.
CONSENT CALENDAR
Award of Bid
D-1 Self -Contained Breathing Apparatus — Award of Purchase
Purchase of Breathing Apparatus Recommendation is that the City Council take the following
actions:
1. Waive the formal contract procedure and approve an award of
purchase for self-contained breathing apparatus (SCBA) from
L.N. Curtis & Sons in the amount of $123,838 including sales
tax per the County of Los Angeles formal RFP-IS-1012-2 and
the resulting contract MA-IS-434634.
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City Council Minutes of March 16, 2010
2. Appropriate $123,838 from the State of California Homeland
Security Grant Program (SHSGP).
Traffic Committee Minutes of February 16, 2010 (accept & file)
D-2 I. Request
Traffic Committee Oscar Garza, West Covina Resident
That one -hour parking restriction be removed on Workman
Avenue from Citrus Street to westerly City limit.
Traffic Committee Recommendations.
That one -hour parking restriction be removed on Workman
Avenue from Citrus Street to westerly City limit.
That no pedestrian crossing sign (R9-3a) and Use Crosswalk
sign (R9-3b) be installed along the north and south sides of
Workman Avenue.
II. Request
Steven Jones, West Covina resident
Brenda Newbold, West Covina resident
That a left -turn lane be installed at 311 South Citrus Street
(Christ Lutheran School) and install a crosswalk on Citrus
Street at the park entrance or Vanderhoof Drive.
Traffic Committee Recommendations:
Staff is not recommending installation of a marked crosswalk
or left -turn lane.
That staff continue to monitor traffic collisions on Citrus Street.
That the radar trailer be utilized to make drivers aware of their
vehicle speed along Citrus Street and the Police Department
increase speed enforcement as feasible.
That the curb along Citrus Street Adjacent to 311 South Citrus
Street (Christ Lutheran School) be painted red.
D-3 Commission Summary of Actions (receive & file)
Commission Summary of Actions Planning Commission 03/09/10
CONSENT CALENDAR ACTION Motion by Touhey and seconded by Hernandez to approve all
items on the Consent Calendar as recommended.
Motion carried by 4 — 0.
PUBLIC HEARINGS
Public Hearing
Code Amendment No. 09-05
Water Efficient Landscaping
E-1 Applicant: City of West Covina
Water Efficient Landscanin� Location: Citywide
Mayor Pro Tern Herfert announced the hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Pro Tern Herfert proceeded to open the public
hearing and Acting City Planner Jeff Anderson presented the
report stating that the State now mandates that cities adopt the
State's model ordinance or adopt a city ordinance equally
effective. If the City does not adopt an ordinance of its own, then
the State ordinance will take effect. Anderson went on to outline
some of the new standards
Public Testimony Mayor Pro Tern Herfert proceeded to open the public testimony
portion of the hearing and asked for public comments.
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City Council Minutes of March 16, 2010
Closed Testimony There being no one wishing to address the City Council, Mayor
Pro Tern Herfert closed the public testimony portion of the
hearing.
Mayor Pro Tern Herfert inquired whether code upgrades would be
triggered due to a new tenant and Councilmember Touhey asked if
there were any requirements on tenant improvements. Anderson
replied that there would be no requirements on new tenants and no
conditions on tenant improvements.
Motion Motion by Herfert and seconded by Herndndez to- introduce the
ordinance. Motion carried 3 — 1 (Touhey — No).
MAYOR'S/COUNCILMEMBERS REPORTS
Councilmember Roger Hernandez
H-1 Tobacco Retail -Licensing Ordinance to Reduce Youth Access
Tobacco Retail Licensing to Tobacco
Councilmember Herndndez requested support for the ordinance
and asked for a nominal licensing fee.
C,ouncihnember Touhey stated his reasons for opposing the
ordinance and the fee to retailers.
Motion Motion by Herndndez and seconded by Herfert to support staff s
recommendation to prepare an ordinance to adopt a tobacco retail
license program to include a $200 nominal, flat fee to promote an
educational opportunity.
Motion failed by 1 — 3 (Herfert, Lane, Touhey — No)
Alternate Motion Motion by Herfert and seconded by Lane to introduce an ordinance
without a fee. Motion carried by 3 —1 (Touhey — No).
Councilmember Michael Touhey
H-2 Granicus Software System for Streaming Audio of Council
Granicus for Audio Streaming Meetings on City's Website
Councilmember Touhey asked for support to look into audio
streaming of council meetings through the Granicus system with
the indexing option to improve selective listening and asked
council to move forward with his request.
Motion Motion by Touhey to move forward with acquiring the Granicus
system with Agenda Indexing feature.
Councilmember Herndndez inquired about costs.
Deputy City Manager Freeland provided the details of the
expenditures.
Councilmember Herndndez stated his support for any opportunity
to bring the meetings to the public.
Councilmember Lane spoke on her concerns about the costs and
the city's budget problems.
Mayor Pro Tern Herfert concurs with Councilmember Lane that
this is a budget issue.
Action on Motion Motion by Touhey and seconded by Herfert to move forward with
Option 1, purchase the Granicus audio system with agenda
indexing at a cost not to exceed $24,000 with a monthly fee of
$925/month. The system will be paid with the City's PEG
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City Council Minutes of March 16, 2010
Account with the monthly fee paid equally between the
Community Development Commission and General Fund.
. Motion failed 2 - 2 (Lane, Herfert — No).
Substitute Motion Substitute motion by Lane and seconded by Herndndez to approve
Option 2, purchase the Granicus audio system without agenda
indexing at a cost not to exceed $10,500 with a monthly fee of
$648/month. The system will be paid with the City's PEG
Account with the monthly fee paid equally between the
Community Development Commission and General Fund.
Motion carried by 3 — 1 (Herfert — No).
AB1234 CONFERENCE AND MEETING REPORT
Councilmember Touhey gave a verbal report on a CRA
Conference he attended stating only the registration was paid.
ADJOURNMENT Motion by Touhey and seconded by Herndndez to adjourn the
meeting at 7:55 p.m. in memory of the following:
• Ed Wallach, former El Monte School Board official, his
wife is on the Council in El Monte, and
• Judge Leo LaRue, former West Covina Court
Commissioner
• Sebell Curry, grandmother of Planning Commissioner Fred
Sykes.
Motion carried by 4 — 0.
Submitted by:
1,
Assistant City j rk Susan Rush
Mayor Shelley Sanderson
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