05-04-2010 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 4, 2010
Mayor Sanderson 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 Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE Councilmember Touhey
ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert
Councilmembers Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman 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 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 Commissioners Herfert, Lane and
Touhey were present. The CDC received a briefing from special
counsel and unanimously supported the resolution of the matter
with Chrysler Financial Services of America LLC pursuant to the
settlement tenns as presented in the Statutory Offer to
Compromise 998 Offer with certain limited. modifications as
expressed by Special Counsel to the CDC. Special Counsel was
directed to communicate the settlement to the Court and also
prepare the necessary documents to effectuate the settlement.
Conference with Property Negotiators —1350 E. San
Bernardino Road — Commissioners Herfert, Lane and Touhey
were present with no final action taken; the item is to be brought
back to a future meeting and there is nothing further to report.
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 —Councilmembers Herfert, Lane and
Touhey were present. The same direction as expressed for the
CDC was expressed to the City Council.
Conference with Legal Counsel — Existing Litigation —
Coppi v. City of West Covina — All five Councilmembers were
present for the discussion in this matter with no final action 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, LA.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.
City Council Minutes of May 4, 2010
Human Resources, Planning Director, Police Chief, Public Works
Dir/City Engineer, Dir. Risk Management - All Councilmembers
were present except Councilmember Sanderson. Council was
provided a briefing by City negotiators with no final action taken
and nothing further to report. .
CHANGES TO THE AGENDA No changes. v
PRESENTATIONS Mayor Sanderson, assisted by, Community Services Director
Michele McNeill,. presented Rotary Interact members certificates
of recognition for their participation in creating a garden at the
Citrus Valley Hospices in West Covina.
Mayor Sanderson presented William Bertrand, Principal of Vine
Elementary School, a Certificate of Recognition for Vine
Elementary for being honored as a California Distinguished
School.
Mayor Sanderson presented Judy Gonzales, of Rowland Avenue
Elementary School, a Certificate of Recognition for being honored
as a "California Distinguished School.
Mayor Sanderson presented Gordon Pfitzer, Principal of Merced
Elementary School with a certificate of Recognition for being
honored as a California Distinguished School and a Title I
Achievement School.
ANNOUNCEMENTS None
ORAL COMMUNICATIONS
Dr. Glen Thorp Dr. Glen Thorp, Pastor Community Presbyterian Church thanked
the Council for honoring Robert O. Young and Vernon Mottinger,
both previous Councilmembers and active leaders in the
Presbyterian Church.
Rebecca Campos Rebecca Campos, West Covina High School Senior, spoke in
support of the tobacco retail ordinance.
Iver Odegaard Iver Odegaard, La Puente resident, requested to ask Council
questions regarding city government.
Martin Chavez Martin Chavez, West Covina resident, expressed his concerns with
street lighting stating that turning off every other street light would
save the City money.
Irene Fleck Irene Fleck, West Covina resident, thanked the City for their
partnership with West Covina Beautiful, Arbor Day, and Earth
Day; announced winners of the 301h Annual Poster contest and
upcoming Library events.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the Council
regarding the return of Council meetings to Cable TV.
Tyra Mason Tyra Mason, West Covina resident, announced the West Covina
Lions Club Night on the Town on May 26; Circus Vargas May 6 —
May 10 at the West Covina Mall; and announced the West Covina
Farmers market every Saturday.
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City Council Minutes of May 4, 2010
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Mayor's/Councilmembers Reports
C-1 Appointment of City Commissioners
Commission Appointments Mayor Sanderson announced the subject matter and asked City
Council for suggestions on how to proceed. Councilmember
Hernandez suggested making nominations.
Deputy City Manager Chris Freeland explained the appointment
process including the staggering of teens and selection process for
appointment.
Mayor Sanderson asked if there was anything prohibiting
appointing all commissions to 4 year terms.
City Attorney, Alvarez-Glasman stated that if Council
wished to change the terms of office, commissioners could be
appointed tonight and direct staff to bring an ordinance amendment
back to change the length of the terms.
Mayor Pro Tern Herfert supported 3-year terms for all
commissioners.
Community Services Commission Appointments:
Motion by Herfert to nominate Jeanne St. Gauden; seconded by
Herndndez. Motion carried by majority vote.
Motion by Touhey to nominate Glenn Kennedy; seconded by
Herfert. Motion carried by majority vote.
Motion by Herndndez to nominate Christina Esparza; motion died
for lack of a second.
Motion by Lane to nominate Arcy Torres; seconded by Touhey.
Motion carried by majority vote.
Motion by Sanderson to nominate Nick Lewis; seconded by
Herfert. Motion carried by majority vote.
Motion by Herfert to nominate Mark Booth; seconded by Touhey.
Motion carried by majority vote.
Motion by Touhey to nominate Marjorie Fennell; seconded by
Lane. Motion carried by majority vote.
Motion by Herndndez to nominate George Ogden; seconded by
Touhey. Motion carried by majority vote.
Motion by Lane to nominate Paul Blackburn; seconded by Herfert.
Motion carried by majority vote.
Motion by Sanderson to nominate Karin Armbrust; seconded by
Lane. Motion carried by majority vote.
Motion by Herfert to nominate Betty Valles; seconded by Lane.
Motion carried.by majority vote. .
City Council Minutes of May 4, 2010
Planning Commission Appointments:
Motion by Touhey to nominate Rob Sotelo; seconded by Lane.
Motion carried by majority vote.
Motion by Hernandez to nominate Carol Facciponti-Malcolm.
Motion died for lack of a second.
Motion by Lane to nominate Dave Stewart; seconded by Herfert.
Motion carried by majority vote.
Motion by Sanderson to nominate Alan Carrico; seconded by
Herfert. Motion carried by majority vote.
Motion by Herfert to nominate Don Holtz; seconded by Lane.
Motion carried by majority vote.
Motion by Touhey to nominate Herb Redholz; seconded by
Herfert. Motion carried by majority vote.
Public Arts Commission:
Motion by Hernandez to nominate Shirley Buchanan, Motion
failed due to lack of a second.
Motion by Lane to nominate Don Woods; seconded by Herfert.
Motion carried by majority vote.
Motion by Sanderson to nominate Gloria Vargas; seconded by
Lane. Motion carried by majority vote.
Motion by Herfert to nominate Dr. Gerald Mennafee; seconded by
Lane. Motion carried by majority vote.
Motion by Touhey to nominate Marcia Hazelton; seconded by
Herfert. Motion carried by majority vote.
Motion by Hernandez to nominate Rudolfo Valles; seconded by
Touhey. Motion carried by majority vote.
Senior Citizens Commission
Motion by Lane to nominate Rod Perryman; seconded by Herfert.
Motion carried by majority vote.
Motion by Sanderson to nominate John Hughes; seconded by
Touhey. Motion carried by majority vote.
Motion by Herfert to nominate Valerie Gerlach; seconded by
Sanderson. Motion failed.
Motion by Touhey to nominate Sandra Taylor; seconded by Lane.
Motion carried by majority vote.
Motion by Hernandez to nominate Royall Brown. Motion failed
due to lack of a second.
Motion by Lane to nominate John Glenn; seconded by Touhey
Motion carried by majority vote.
Motion by Herfert to nominate Gayle Mason; seconded by Touhey.
Motion carried by majority vote.
C!
City Council Minutes of May 4, 2010
Council briefly discussed the pending possible expansion of the
Senior Citizens Commission and whether they could appoint two
additional commissioners prior to an ordinance amendment. The
City Attorney responded that they could not.
Mayor Pro Tern Herfert requested that:
A letter be sent to the Senior Commissioner applicants that
there will be a potential for two more appointments
Keep list active
Send Thank You letters to all
Motion by Herfert and seconded by Sanderson to bring back the
appropriate report to make commissioners' terms three-year tenns
and eliminate staggering terns.
City Attorney Alvarez-Glasman recommended that resolutions
appointing commissioners be approved as presented with an
amendment that Section 2 [one-year terms to create staggering
terms] be stricken from each of the resolutions and then resolutions
can be adopted.
Motion by Herfert and seconded by Lane to adopt the following
resolutions, striking Section 2. Motion carried by 5 - 0.
Resolution No. 2010-18
RESOLUTION NO. 2010-18 — A RESOLUTION OF THE CITY
Planning Commission
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
PLANNING COMMISSION
Resolution No. 2010-19
RESOLUTION NO. 2010-19 — A RESOLUTION OF THE CITY
Community Services
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
COMMUNITY SERVICES COMMISSION
Resolution No. 2010-20 RESOLUTION NO. 2010-20 — A RESOLUTION OF THE CITY
Senior Commission COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
SENIOR CITIZENS COMMISSION
Resolution No. 2010-21 RESOLUTION NO. 2010-21 — A RESOLUTION OF THE CITY
Public Arts Commission COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
PUBLIC ARTS COMMISSION
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
Minutes • Special Meeting of April 6, 2010
• Regular Meeting of April 6, 2010
• Special Joint Meeting with Community Development
Commission April 1.5, 2010
D-2 Commission Summary of Actions (receive & file).
Commission Summary of Actions a) Human Resources 10/14/09, 12/09/09, 03/17/10
b) Planning 04/27/10
c) Senior Citizens Commission 02/25/10
D-3 Claims Against the City of West Covina
Claims Government Tort Claim Denials (deny ¬ify claimant
• Olga Takeda vs. City of West Covina
• Jason & Angelyn Carlton vs. City of West Covina
• Moises 1. Madriz vs. City of West Covina
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City Council Minutes of May 4, 2010
D-4a
Ordinance for Adoption
Tobacco Retail Licensing
Tobacco Retail -Licensing Ordinance to Reduce Youth Access to
Tobacco
Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2206
ORDINANCE NO. 2206 - AN ORDIANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 14 OF THE WEST COVINA
MUNICIPAL CODE, ADDIING. ARTICLE X, ESTABLISHING
A TOBACCO RETAIL LICENSE
D-4b
Solar Photovoltaic Installation Guidelines
Solar Photovoltaic Installations
Recommendation, is that the City Council adopt the following
ordinance:
Ordinance No. 2207
ORDINANCE NO. 2207 - 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
D-5 Traffic Committee Minutes of April 20, 2010 (accept & file)
Traffic Committee Minutes I. Request
Charles Kim, West Covina Resident
That no parking on street sweeping days be implemented on
Delores Street from Elena Avenue to Dee Lane every Friday of
each month from 7:00 a.m. to 3:30 p.m.
D-6
Treasurer's Report
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on
Delores Street from Elena Avenue to Dee Lane every Friday of
each month from 7:00 a.m. to 3:30 p.m.
City Treasurer's Report (receive & file)
Report for the month of March 2010
D-7a Miscellaneous — Public Works Department
Citywide Sewer Service Charge West Covina Citywide Sewer Service Charge Setting a Public
Hearing Date on Method of Collection and Fee Increase
Resolution No. 2010-22 RESOLUTION NO. 2010-22 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF
SEWER FEE INCREASES AND COLLECT THE ANNUAL
SEWER SERVICE CHARGE THROUGH THE COUNTY TAX
BILL AND SETTING JULY 6, 2010 FOR A PUBLIC HEARING
ON METHOD OF COLLECTION AND FEE INCREASES
D-7b Citywide Lighting and Maintenance District Preliminary Approval
Lighting & Maintenance District of the Engineer's Report
Resolution No. 2010-23 RESOLUTION. NO. 2010-23 - 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 15, 2010 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN
FISCAL YEAR 2010-2011 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES
WITHIN THE DISTRICT
Miscellaneous — Fire Department
D-7c Authorization for Fire Works Display
Fireworks Display Recommendation is that the City Council authorize the following
fireworks displays:
on
City Council Minutes of May 4, 2010
1. Fireworks display at the West Covina High School graduation
ceremony to be held on June 9, 2010
2. Fireworks display for the City of West Covina Independence
Day Celebration to be held on July 4, 2010 at Edgewood
Middle School.
D-7d Adopting a Resolution Establishing Need for Summary Criminal
Criminal History Information History Information
Recommendation is that the City Council adopt the below
resolution to authorize the Fire Department to access state and
federal level summary criminal history infonnation for
employment of certification purposes, including any volunteer or
contract employees.
Resolution No. 2010-24 RESOLUTION NO. 2010-24 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING ACCESS. TO STATE AND FEDERAL
SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT AND CERTIFICATION PURPOSES
CONSENT CALENDAR 'ACTION Motion by Lane and seconded by Herfert to approve all items on
the Consent Calendar as recommended except Item D-4a. Motion
carried by 5 — 0 with the following exception: Item D-4a - Motion
carried 4 - 1 (Touhey — No)
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 7:56 p.m.
to convene the CDC. The City Council reconvened at 7:57 p.m.
with all members present.
MAYOR'S/COUNCILMEMBERS REPORTS
H-1 Mayor Pro Tern Steve Herfert's Report on Elimination of Senior
Senior Discount Discontinued Citizens Discount Offered by Charter Communications
Mayor Pro Tern Herfert gave a brief report on Charter
Communications changes. that includes the elimination of the
discount to senior citizens.
Motion by Herfert and seconded by Touhey to receive and file the
report. Motion carried by 5 — 0.
H-2 City Attorney Report on Possible Legal Actions Against the
Report on PERS Mismanagement Public Employee Retirement System (PERS) for
Mismanagement of Public Funds
City Attorney Alvarez-Glasman provided a brief report on PERS
and alleged mismanagement of public funds. He recommended
that the City Council provide direction.
Councilmember Touhey stated his support for sending a letter to
PERS requesting an investigation into the allegations that there has
been a misuse of public funds regarding the City's investment
funds. .
Motion Motion by Touhey and seconded by Lane to send a letter to PERS
requesting an, investigation into the allegations that there has been
a misuse of public funds regarding the City's investment funds.
Motion carried by 5 — 0.
COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Request from Mayor Shelley Sanderson Seeking the City
Council's Consensus To Initiate a Code Amendment to Adopt
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City Council Minutes of May 4, 2010
Clear and Concise Regulations to Address Auto Repair
Businesses Operating in Residential Zones
I-1 Mayor Sanderson requested City Council consensus to look into a
code amendment to address auto repair businesses operating within
residential zones:
Motion Motion by Sanderson and seconded by Lane to send the matter for
review and recommendation.. to the Planning Commission. Motion
carried by 5 - 0.
ADJOURNMENT Motion by Hernandez to adjourn the meeting at 8:07 p.m. Motion
Submitted by:
V j
Assistant Cit lerk Susan Rush
carried by majority vote.
Mayor Shelley Sanderson
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