06-01-2010 - Regular Meeting - MinutesMIN TES
REGULAR ME TING OF THE
WEST COVINAf2010
ITY COUNCIL
June
Mayor Sanderson 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
PLEDGE OF ALLEGIANCE
ROLL CALL
Absent:
Dr. Glen Tho ', Pastor
Community Prosbyteri,
Councilmembdr Lane
Mayor Sande
Councilmem
REPORTING OUT FROM CLOSED SESSION
Deputy City O
Prior t
Council and (
announced foi
the City Agen
Confer
of West Covin
Commission i
cross cl
and not
Church
, Mayor Pro Tern Herfert
Lane, Touhey
Hernandez
torney Matt Gorman reported the following:
convening into closed session, all items on the City
ommunity Development Commission agendas were
inclusion in the closed session discussion. Items on
ice with Legal Counsel — Existing Litigation — City
and City of West Covina Community Development
Hassen Imports Partnership, et al., and related
s and cases —This item was pulled off the agenda
Confe ence with Legal Counsel — Existing Litigation —
Chung vs. Ci of West Covina — Councilmembers Hernandez was
not present. eport was presented and direction was given. No
final action an nothing further to report.
Confe ence with Legal Counsel — Anticipated Litigation —
Three potenti l cases — Councilmembers Hernandez and Lane
were not pre ent. Reports provided for three potential cases,
direction was provided to staff, no final action taken and nothing
further to rep rt.
Confe ence with Labor Negotiators — Employee
Organization : W..C. Police Officers' Association, W.C. Police
Management ssociation, W.C. Firefighters Association, LA.F.F.,
Local 3226, W.C.Firefighters Management Association,
Confidential mployees, Maintenance & Craft Employees, Non -
Sworn Safe Support Employees, General Employees, Mid -
Management Employees; Miscellaneous Unrepresented
Management Employees: Assistant City Clerk, Assistant City
Manager, C mmunity Development Dir., Community Services
Dir., Deputy City Manager, Finance Director, Fire Chief, Dir.
Human Reso rces, Planning Director, Police Chief, Public Works
Dir/City En ineer, Dir. Risk Management — Councilmember
Hernandez w s not present. Direction was given with no further
action and no hing further to report.
Items on the ommunity Development Commission agenda:
City West Covina and City of West Covina Community
Development Commission v. Hassen Imports Partnership, et al.,
and related c oss complaints and cases — This item was pulled off
the agenda a not discussed.
City Council Minutes of June 1, 2010
CHANGES TO THE AGENDA None.
PRESENTATIONS
ORAL COMMUNICATIONS
Tim Valadez
CONSENT CALENDAR
D-1
Minutes
D-2
Summary of Actions
D-3
Claims
None.
Tim Valadez,
neighborhood.
West Covina resident, addressed issues in his
Mayor Pro T Herfert called forward Police Chief Wills to
respond and C ief Wills spoke with the resident.
Mayor Pro Te Herfert requested to pull Item D-6b, Renewal of
Los Angeles C unty Animal Care & Control Services Agreement,
for separate co sideration.
City Council Meeting Minutes (receive & file)
• Special Me ting of May 4, 2010
• Regular M eting of May 4, 2010
Commission Summary of Actions (receive & file)
Community S ices 03/09/10
Claims Again$t the City of West Covina
• Darlene R w vs. City of West Covina
• Joseph Vi oriahnercury Insurance vs. City of West Covina
• Cheryl Mit hell vs. City of West Covina
D-4 Ordinance fo Adoption
Eliminating Staggering Ordinance ending Section 2-68 and 2-69(c) OF chapter 2,
Commissioner Terms Article III of t e West Covina Municipal Code to Eliminate
Staggering of ity Commissioners Terms of Office
Ordinance No. 2208 ORDINANC NO. 2208 - AN ORDINANCE OF THE CITY
COUNCIL O THE CITY OF. WEST COVINA, CALIFORNIA,
AMENDING SECTIONS 2-68 AND 2-69(c) OF CHAPTER 2,
ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE TO
ELIMINATE THE STAGGERING OF COMMISSIONERS
TERMS OF OFFICE
D-5
Treasurer's Report
City Treasur is Report (receive & file)
Report for the Month of April 2010
D-6a Miscellaneou - Public Works Department
Construction & Demolition Debris Construction 4nd Demolition (C&D) Debris Management —
Recommenda ion is that the City Council introduce the following
ordinance a ending Chapter 7 of the City of West Covina
Municipal Co e by adding Article XVI related to waste reduction,
reuse, and rec cling of construction and demolition debris.
AN ORDIN NCE OF THE CITY COUNCIL OF THE CITY OF
WEST COV A, CALIFORNIA, AMENDING CHAPTER 7 OF
THE WEST COVINA MUNICIPAL CODE, ARTICLE XVI
WASTE R DUCTION, REUSE, AND RECYCLING OF
CONSTRUC ION AND DEMOLITION DEBRIS
This item pul ed for separate consideration.
D-6b Miscellaneo s - City Manager's Office
Animal Care & Control Renewal of os Angeles County Animal Care & Control Services
Agreement
Recommend ,tion is that the City Council:
2
City Council Minutes of June 1, 2010
D-7
Conference & Meeting Report
a. Authorize
agreement
Angeles C
b. Instruct Ci
penalties, ;
of the adol
Conference a
report.
.e City Manager to execute the revised services
ctension, expiring on June 30, 2014, with the Los
my Department of Animal Care and Control; and
staff to include an increase in dog licensing fees,
I enforcement fees as outlined in this report as part
)n of the City's Annual Fee and Charge Program.
Meeting Report (receive & file)
is that the City Council receive and file the
CONSENT CALENDAR ACTION Motion by Heil fert and seconded by Touhey to approve all items on
the Consent Ci lendar as recommended except Item D-6b — Renewal
of Los Angele County Animal Care & Control Services Agreement
— pulled for se;crate consideration. Motion carried 4 — 0.
Item D-6b Renewal ofLoisAngeles County Animal Care & Control Services
Agreement —
Motion Motion by Her ert and seconded by Lane to:
1. Approve t e revised services agreement extension expiring on
June 30, 014 with the Los Angeles County Department of
Animal Ca e and Control and
2. Include a increase in dog licensing fees, penalties, and
enforceme t fees as outlined in the report.
Motio carried by 3 — 1 (Touhey — No),
Item E-3 moved forward By consensus of the City Council Item E-3 — Public Hearing —
Code Amend ent No.: 10-01, Churches and Religious Facilities
Conditionally Permitted in Manufacturing Zone was moved
forward due t the number of interested persons in attendance.
Councilmember Touhey recused himself from
to his working relationship with DC Corp c
property which the church is purchasing.
E-3
Churches in M-1 Zone
Public Testimony
Close Testimony
Public Heari
Code Amen(
Churches an
Manufactur;
Mayor Sande
Clerk Rush
Mayor Sande
Planner Jeff
project.
pation in the following item and left the room due
of West Covina. DC Corp is the owner of the
tent No. 10-01
Religious Facilities Conditionally Permitted in
announced the hearing matter and Assistant City
ied that proper legal notice had been given.
proceeded to open the hearing and Acting City
erson presented the staff report outlining the
Mayor Sande son proceeded to open the public testimony portion
of the hearingl and asked for public comment.
Tony On-neo,J West Covina resident, spoke in support of allowing
the Church to operate in the proposed manufacturing zone.
Edwin Orme , Pastor of Christian Fellowship Church, spoke in
support of al owing their church to locate in the manufacturing
zone, stating many of the parishioners live in West Covina and
they would ike the opportunity to establish themselves in the
community.
With no one�else wishing to address Council, Mayor Sanderson
proceeded to lose the public testimony portion of the hearing.
3
City Council Minutes of June 1, 2010
Council discussion Mayor Pro Tei Herfert addressed the issue of parking and Acting
City Planner Anderson addressed allowable parking and
restrictions.
Motion Motion by H rfert and seconded by Lane to introduce the
following ordi ance to allow churches and religious facilities in
the Manufactu 'ng (M-1) Zone by conditional use permit (Code
Amendment Nc - 10-01).
Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COV A, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE TO
ALLOW CHU CHES AND RELIGIOUS FACILITIES IN THE
MANUFACT RING (M-1) ZONE BY CONDITIONAL USE
PERMIT (CO E AMENDMENT NO. 10-01)
Motion carrie 3 — 0 (Touhey recused himself and did not
participate).
Councilmember Touhey returned to the dais at 7:35
PUBLIC HEARINGS
E-1 Public Hearin
CDBG Public Service Funding FY 2010-2011 Community Development Block Grant (CDBG)
Public Servic Proieet Fundin
Mayor Sander on announced the hearing matter and Assistant City
Clerk Rush erified that proper legal notice had been given.
Mayor Sander on proceeded to open the hearing and Management
Analyst Kelly McDonald presented the report outlining the 2010-
2011 CDBG nding for public service project. Available funding
is $198,240 f r FY 2010-2011 and 12 service providers, which
serve West C vina, made requests for funding.
Public Testimony Mayor Sanderson proceeded to open the public testimony portion
of the hearing land asked for public comment.
Antoinette F lice, representing Volunteers of America West
Covina, addr ssed the organizational needs and services of the
group she re resents and requested the continued support of the
city.
Donald Herri g, Director of Senior Services for the YWCA San
Gabriel Vall y, stated the organization looked forward to
continued ye rs of working together and thanked the council and
commissions or consideration of their applications for funding for
the Meal on Wheels program and Senior Citizens Assistance
Program offe ing case management.
Close Testimony With no one else wishing to address Council, Mayor Sanderson
proceeded to lose the public testimony portion of the hearing.
Council discussion Mayor Pro em Herfert thanked the Community Services and
Senior Citize s Commissions for proposed allocations of funding.
Motion Motion by qerfert and seconded by Touhey to allocate CDBG
funds in the amount of $198,240 as recommended by staff as
follows:
E
City Council Minutes of June 1, 2010
E-2
Fee & Charge Schedule
;Staff,Recomtnendatlon
YWCA of San
Sr. Citizens As
Oabriel Valley —
istance Prog.
19,600
Center for Agi
g Resources
10,00
Senior Meals
P ogram
60,000
Youth Assista
e Program
4,000
Careship
25,000
Assist League
f Covina Valley
2,000
ESGV Coalitio
for Homeless
13,750
Volunteers of
Community Se
erica — WC
ices Center
11,000
YWCA of San
Meals on Whe
Gabriel Valley
is
6,000
Action Food P
ntry
14,750
Cory's Kitche
12,000
Domestic Viol
nce Victim Advocate
20,140
Motion carried by 4 — 0.
Public H
Mayor Sander on announced the hearing matter and Assistant City
Clerk Rush erified that proper legal notice had been given.
Mayor Sande son proceeded to open the hearing and City
Controller De is Swink presented the report. Swink stated the
proposed adju tments to the fee and charge schedule are estimated
to generate $ 64,352 in revenue. Swink highlighted a few of the
proposed ne fees which included the establishment of a new
Emergency edical Services (EMS) fee, several new sports
council fees, nd new rates for pet license and late fees and the
establishment f animal related license enforcement fees.
Swink responded to questions regarding several new
proposed fees with much of the discussion surrounding the new
EMS fees. ayor Pro Tem Herfert questioned several of the new
sports council fees and stated he would not support those fees.
Motion by H fert to remove the following fees from the proposed
new fee sched le:
$20.0 youth participant fee
$5.00 outh participant fee
$300. 0 brick dust fee
Acting City Tanner Jefferson responded to fee pertaining to adult
si
oriented buess fee and City Engineer Yauchzee responded to
proposed con truction and demolition fee.
Public Testimony Mayor Sande son proceeded to open the public testimony portion
of the hearin and asked for public comment.
Steve Bennet , representing Pacific Coast Little League, spoke in
opposition to the new proposed youth participation fees.
Close Testimony There being no one else wishing to address Council, Mayor
Sanderson pr ceeded to close the public testimony portion of the
hearing.
Council discussion Herfert reiter ted his motion to remove the $20.00 and $5.00 youth
participation fee and the $300.00 brick dust fee from the fee and
charge schedule. Motion seconded by Lane and carried 4-0.
5
City Council Minutes of June 1, 2010
Councilmemb
increases for
EMS fees.
Touhey stated his objection to animal control
record and expressed his concerns for the new
Fire Chief Segalla came forward .to address the EMS fees. Mayor
Pro Tern Herfa�rt requested a written document which explains the
proposed fee.
Motion by Herfert and seconded by Touhey to remove the
EMS fee from he fee and charge schedule.
. Motion carried 4-0.
Motion Motion by He�fert and seconded by Lane to adopt the following
resolution as a ended.
Resolution No. 2010-28 RESOLUTIO NO. 2010-28 - A RESOLUTION OF THE CITY
COUNCIL Of THE CITY OF WEST COVINA, CALIFONRIA,
SETTING AN INCREASING CERTAIN FEES
Motion carrieq 4-0 with the record reflecting Touhey opposed to
an increase in animal license fees.
E-3 Public Heari g
Code Amendment — Churches in Code Amendihent No. 10-01
Mfg Zones Churches an Religious Facilities Conditionally Permitted in
E-4
E-6
E-7
Landscape MDs Nos. 4, 6 & 7
Public Testimony
Close Testimony
Item E-3 was
discussed earlier in the evening prior to Consent
Calendar.
Public Hearh
gs
West Covina
andscape Maintenance District No. 4
West Covina
andscape Maintenance District No. 6
West Covina
andscape Maintenance District No. 7
Mayor Sander on announced the hearing matter and Assistant City
Clerk Rush erified that proper legal notice had been given.
Mayor Sande son proceeded to open the hearing for Maintenance
Districts 4, 6 & 7 and Public Works Director Shannon Yauchzee
presented the eport.
Yauc ee stated that funds collected maintain the
landscape, i 'gation, hardscape, paseos and associated slopes
within each a a.
Maint nance District 4 assessment rate is currently capped
by limits of Pop 218 and are proposed to remain the same. Funds
collected will fund on -going maintenance, however upgrades and
repairs may c ntinue to be deferred.
An i crease of 5.28% for Maintenance District 6 is
recommende to continue on -going maintenance and to maintain
reserves.
An i crease of 10% is recommended for Maintenance
District 7 to continue on -going maintenance and to maintain
reserves. M intaining reserves is important and necessary for
future capital limprovement and possible repairs.
Mayor Sanderson proceeded to open the public testimony portion
of the hearing and asked for public comment.
There being o one wishing to address Council, Mayor Sanderson
proceeded to lose the public testimony portion of the hearing.
Motion by erfert and seconded by Lane to adopt the following
resolutions a recommended by staff.
R
City Council Minutes of June 1, 201
Resolution No. 2010-29
0
j
t
RESOLUTION NO.. 2010-29 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA,
CONFIRMING THE ENGINEER'S REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT, AND APURTENANCES TO BE
MAINTAINED FOR, FISCAL YEAR BEGINNING JULY 1, 2010
Resolution No. 2010-30 RESOLUTIO NO. 2010-30 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA,
CONFIRMIN THE ENGINEER'S REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING
LANDSCAP G MAINTENANCE, RENOVATION AND
REPLACEMENT, AND APURTENANCES TO BE
MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010
Resolution No. 2010-29 RESOLUTIO NO. 2010-31 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA,
CONFIRMIN THE . ENGINEER'S REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT, AND APURTENANCES TO BE
MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010
Motion carried by 3 — 1 (Touhey — No).
COMMUNITY DEVELOPMENT COMMISSIO
Mayor Sanders n recessed the City Council meeting at 8:10 p.m.
to convene the Community Development Commission. The City
Council reconvened at 8:11 p.m. with all members present except
Councilmembe Hernandez.
MAYOR'S/COUNCILMEMBERS REPORTS
ADJOURNMENT
Submitted by:
ssistant City Jerk Susan Aush
Mayor Pro T
Conference c
which he also
Motion by
8:15 p.m.
Herfert gave a verbal report on the International
Shopping Centers (ICSQ, which he attended.
Touhey also commented and reported: on the ICSC
and seconded by Lane to adjourn the meeting at
Shelley