04-20-2010 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 20, 2010
Mayor Pro Tern Herfert called to order the regular meeting of the West Covina City Council at 7:07 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 Sanderson, Mayor Pro Tern Herfert
Councilmembers Lane, Touhey
Absent: Councilmember Hernandez
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Matt Gorman reported the following:
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 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 — All Councilmembers
were present except Councilmember Hernandez and Mayor
Sanderson. Council received a briefing from staff with no final
action and nothing further to report.
Items . on the Community Development Commission
Agenda:
Conference with Real Property Negotiators - Property:
1700 W. West Covina Parkway and 730 S. Orange Avenue — All
commissioners were present during the discussion of this item
except commissioners Hernandez and Touhey. Counsel received a
briefing and provided direction to staff with no final action and
nothing further to report.
Conference with Real Property Negotiators — 1350 E. San
Bernardino Road — All commissioners were present during the
discussion of this item except commissioner Hernandez. The
commission received a briefing and direction was given to staff
with no final action and nothing,further to report.
CHANGES TO THE AGENDA No changes.
City Council Minutes of April 20, 2010
PRESENTATIONS Mayor Sanderson presented Viken Pakradouni, Chairman of the
Armenian National Committee of the San Gabriel Valley, a
Proclamation designating April 24, 2010 as Annenian
Remembrance Day, which recognizes the 951h Anniversary of the
Armenian Genocide.
Mayor Sanderson, assisted by Community Services Director
Michele McNeill, recognized Community Services Manager Scott
Smilowitz and Senior Center Supervisor Travis Iseri and presented
them a Certificate of Recognition for attaining the CPRS District
13 "Go Green" award from the California Parks & Recreation
Society -District 13 for the West Covina Senior Center.
ANNOUNCEMENTS Mayor Sanderson called a recess of the City Council meeting at
7:15 p.m. in order for the council to take part in Candlelight Vigil
sponsored by Parents of Murdered Children Inc. being held on the
steps of the West Covina Municipal Courthouse. The City Council
reconvened at 7;45 p.m. with all members present except
Councilmember Lane.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, requested information on
the City's tow companies which included revenue and evaluation
of performance.
Johnny Chua Johnny Chua, President of the Philippine Chamber of Commerce,
made suggestions regarding the tobacco ordinance and informing
the public.
Councilmember Lane returned to the dais at 7:49 p.m.
Irene Fleck Irene Fleck, West Covina resident, announced Earth Day and
Arbor Day Celebrations on Saturday, 'April 24 and announced
upcoming library events; and Garden Walk scheduled for May 2.
Zodin Del Rosario Zodin Del Rosario, thanked City Council and staff for
consideration of the tobacco retail ordinance and made suggestions
for enforcement.
Joanne Wilner Joanne Wilner, West Covina resident, supported the tobacco retail
ordinance and stated that five commissioners for senior
commission is sufficient due to budget constraints [opposing the
proposed increase of the commission]; and inquired about the
commission applicant interview process and how the Brown Act
requirements were not violated.
Larissa Castanon Larissa Castanon, Cal Poly Pomona student and West Covina
resident introduced herself to the Council.
City Manager Pasmant responded to request for information on
tow companies stating a progress report can be provided;
Councilmember Touhey responded that each councilmember
conducted their own interview process and he and Councilmember
Lane interviewed applicants together; Mayor Pro Teim Herfert
concurred that applicants were interviewed independently.
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City Council Minutes of April 20, 2010
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Mayor's/Councilmembers Reports
C-1 Appointment of City Commissioners
Commission Appointments Mayor Sanderson announced that this item has been held over to
the next meeting due to the absence of Councilmember Hernandez.
C-2 Mayor Pro Tern Herfert's Report on Elimination of Senior Citizens
Charter Communications Discount Offered by Charter Communications
Senior Discount Motion by Herfert and seconded by Touhey to direct staff to bring
back a report to the next meeting on status of Charter
Communications' elimination of senior discount.
Motion carried 4 — 0.
Councilmembers Requests for Reports, Studies or
Investigations
C-3 Request from Mayor Pro Tern Steve Herfert Seeking the City
Increase Size of Senior Council's Consensus to Instruct. City Staff to Prepare a Report to
Commission Increase the Size of the Senior Citizens Commission
Motion by Herfert and seconded by Touhey to have staff bring
back a staff report on the possible impact of an increased
commission.
Motion carried 4 — 0.
C-4 Request from Councilmember Michael Touhey Seeking the City
Legal Action Against PERS Council's Consensus to Instruct the City Attorney to Look into
Legal Actions Against the Public Employee Retirement System
(PERS) for Mismanagement of Public Funds
Councilmember Touhey gave a brief report on current issues
surrounding PERS investments.
Motion by Touhey and seconded by Herfert to bring back a
staff report. Motion carried by 4 — 0.
CONSENT CALENDAR Mayor Pro Tern Herfert requested Item D-6, Introduction of
Tobacco Retail License Ordinance, be removed from the consent
calendar for separate consideration.
D-1 City Council Minutes (receive and file)
Minutes • Special Meeting of February 16, 2010
• Regular Meeting of February 16, 2010
• Special Meeting of March 2, 2010
• Regular Meeting of March 2, 2010
• Special Meeting of March 16, 2010
• Regular Meeting of March 16, 2010
D-2
Summary of Actions
Commission Summary of Actins (receive & file)
Planning Commission 04/13/10
D-3 Claims Against the City of West Covina
Claims 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.
• Berta Webber vs. City of West Covina
• Tina Louise Higley vs. City of West Covina
• Gilbert Robles vs. City of West Covina
• Binh H. Nguyen vs. City of West Covina
• Ceclis Bowen vs. City of West Covina
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City Council Minutes of April 20, 2010
D-4 Award of Bid
Award of Street Rehab Work Award of Bid for Street Rehabilitation Work for Residential
Streets (Project Nos. SP-10105 and SP-10109R)
Recommendation is that the City Council award the contract to
Gentry Brothers, Inc. in the Amount of $757,124.00 and authorize
the Public Works Director/City Engineer and City Clerk to execute
the contract for residential street rehabilitation work.
Miscellaneous — Community Services Department
D-5a Request for Cameron Park Lighting for the West Covina Girls
Cameron Park. Lighting Request Softball Annual Memorial Weekend Tournament
Recommendation is that the City Council authorize the use of
Cameron Park Field lights on Sunday, May 30,2010 for the West
Covina Girls Softball Annual Memorial Weekend Tournament.
Miscellaneous — Finance Department
D-5b California Communities Tax Revenue Anticipation Notes
Tax Revenue Anticipation Notes Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-14 RESOLUTION NO. 2010-14 — A RESOLUTION
AUTHORIZING AND APPROVING THE BORROWING OF
FUNDS FOR FISCAL YEAR 2010-2011; THE ISSUANCE AND
A SALE OF A 2010-2011 TAX AND REVENUE
ANTICIPATION NOTE THEREFORE AND PARTICIPATION
IN THE CALIFORNIA COMMUNITIES CASH FLOW
FINANCING PROGRAM
Miscellaneous —Public Works;Department
D-5c Landscape Maintenance District No. 4
Engineer's Report LMD No. 4 Preliminaa Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-15 RESOLUTION NO. 2010-15 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 1, 2010 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2010-2011 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
Landscape Maintenance District No. 6
D-5d PrelimingU Approval of the Engineer's Report
Engineer's Report LMD No. 6 Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-16 RESOLUTION NO. 2010-16 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S
REPORT AND DECLARING ITS INTENTION TO HOLD A
PUBLIC HEARING ON JUNE 1, 2010 FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL
YEAR 2010-2011 TO FUND THE OPERATION AND
MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF
THE DISTRICT
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City Council Minutes of April 20, 2010
D-5e Landscape Maintenance District No. 7
Engineer's Report LMD No. 7 Preliminary Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-18 RESOLUTION NO. 2010-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,'
PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S
REPORT AND DECLARING ITS INTENTION TO HOLD A
PUBLIC HEARING ON JUNE 1, 2010 FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL
YEAR 2010-2011 TO FUND THE OPERATION AND
MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF
THE DISTRICT
Miscellaneous — Fire Department
D-5f Solar Photovoltaic Installation Guidelines — Introduction of Ordinance
Solar Photovoltaic Install Guidelines Recommendation is that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, RELATING TO "SOLAR
PHOTOVOLTAIC INSTALLATION GUIDELINES" TO ARTICLE
XIII BY AMENDING SECTION 7-223 OF THE WEST COVINA
MUNICIPAL CODE
This item removed from the consent calendar for separate
consideration.
Councilmember Reports
D-6 Councilmember Roger Hernandez
Tobacco Retail Lic. Ordinance Tobacco Retail Licensing Ordinance to Reduce Youth Access to
Tobacco
Recommendation is that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, TO ADD CHAPTER 14
ESTABLISHING A TOBACCO RETAIL LICENSE
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Lane to approve all items on the
Consent Calendar as recommended except Item D-6 Tobacco Retail
Licensing Ordinance to Reduce Youth Access to Tobacco.
Motion carried by 4 — 0
Councilmember Touhey commented on Item D-5b California
Communities Tax Revenue Anticipation Notes stating his concern
with the requirement by the state to use vendors selected by the
state.
Item D-6 Tobacco Retail Licensing Ordinance to Reduce Youth Access to
Tobacco —
.Mayor Pro Tem Herfert made an amendment to the
recommendation to adopt the ordinance without a fee on
businesses except the administrative fines on violations, seconded
by Lane. Motion carried 3 — 1 (Touhey — No).
PUBLIC HEARINGS
Public Hearing
E-1 Community Development Block Grant
CDBG Consolidated Plan City of West Covina's FY 2010-2015 Community Development
Block Grant (CDBG) Consolidated Plan
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
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City Council Minutes of April 20, 2010
Mayor Sanderson proceeded to open the hearing and Management
Analyst Kelly MacDonald presented the staff report outlining the
details of the Consolidated Plan.
Public Testimony Mayor Sanderson proceeded to open the public testimony portion
of the hearing and asked for public comment.
Close Testimony There being no one wishing to address Council, Mayor Sanderson
proceeded to close the public testimony portion of the hearing.
Motion Motion by Herfert and seconded by Touhey to approve the FY
2010-2015 CDBG Consolidated Plan.
Motion carried by 4 — 0.
COUNCILMEMBER COMMENTS
Councilmember Touhey requested that Utility companies use a
water -based the paint to mark the City streets.
ADJOURNMENT Motion by Sanderson and seconded by Herfert to adjourn the
meeting at 8:15 p.m. in memory of Robert Anthony Liberty,
brother-in-law of John Hughes. Motion carried by 4 — 0.
Submitted by:
Clerk Susan Rush
Mayor Shelley Sanderson
no