M I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
November 20, 2007
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:05 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Mason Okubo
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE Mayor Pro Tem Lane
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane,
Councilmembers Herfert, Hernandez, Sanderson
Others present: Pasmant, Alvarez-Glasman, Fields, Bachman, Chung, Durbin, Freeland, McIsaac, Yauchzee, Rush
REPORTING OUT FROM CLOSED SESSION None
CHANGES TO THE AGENDA None.
PRESENTATIONS Blue Star Video was aired.
Mayor Touhey, assisted by Acting Fire Chief Larry Whithorn, presented Fire Engineer Kenneth Freeland with a resolution of commendation and city tile for 30 years of service with the City of West Covina.
Mayor Touhey, assisted by Acting Fire Chief Larry Whithorn, presented Janice Petty, Management Analyst II, with a resolution of commendation and city tile for over 19 years of service with the City of West Covina.
Mayor Touhey recognized Glenn Kennedy for his dedicated volunteerism with the West Covina Community Enhancement Painting Program.
Mayor Touhey presented Vanessa Martin with a certificate of recognition for being named West Covina Unified School District Teacher of the Year.
Mayor Touhey presented Patricia Mendoza with a certificate of recognition for being named Rowland Unified School District Teacher of the Year.
Mayor Touhey presented Jennifer Touhey with a certificate of recognition for being named Covina Valley Unified School District Teacher of the Year.
ANNOUNCEMENTS None.
ORAL COMMUNICATIONS
Royall Brown Royall Brown, West Covina resident, stated that the graffiti contractor now has identification in his vehicle; commented on the benefits of speed humps; and spoke on campaign reporting issues.
Fred Sykes Fred Sykes, West Covina resident, addressed the revitalization of the downtown area; commented on graffiti; requested council support for school bus transportation on the west side of town; addressed issues of trash; landscape maintenance (trimmings not being picked up) in the paseos; and political activity during the period before the election.
Dana Sykes Dana Sykes, West Covina resident, spoke on the purpose of the Concerned Citizens in West Covina group; the graffiti contractor and their ability to match paint; trash issues; landscape maintenance and the renewal of the landscape maintenance contract.
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in support of Mayor Touhey’s request to ban the selling of puppy mill dogs; congratulated Councilmembers Herfert and Hernandez on their re-election.
Milford Walker Milford Walker, West Covina resident, congratulated Councilmember Hernandez on his re-election; expressed his opinion of Councilmember/public relationships and his high regards for the police chief.
Bruce Leinbach Bruce Leinbach, West Covina resident, congratulated Councilmembers Herfert and Hernandez; announced the WCHS football accomplishments; read a letter from resident Rickie Santell who was unable to attend, regarding political campaigning.
Alfred Williams Alfred Williams, West Covina resident, spoke on Mayor rotation; budget issues; graffiti contractor; and requested the new council work together for the betterment of the city.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Councilmember Roger Hernandez
C-1 Request from Councilmember Roger Hernandez Seeking the
Downtown Revitalization City Council’s Consensus to Review the Downtown Revitalization Plan (Scenario C)
Councilmember Hernandez requested the Downtown Revitalization Plan be brought back for further consideration. He stated that the area needs some type of development and would provide economic development opportunities.
Motion Motion by Hernandez to take Scenario "C" of the Downtown Revitalization plan and seek Requests for Proposals (RFP) in order to determine what the development community can bring to the area to determine costs and feasibility.
Councilmember Sanderson concurred the area needed some type of development and suggested a subcommittee be formed of council, staff, legislators and businesses from the area.
Mayor Pro Tem Lane shared her concerns with density, traffic, the strain of City resources but did support a subcommittee to develop a comprehensive plan that would have minimal impact on the residents in the area and the existing businesses.
Councilmember Herfert stated he did not support Scenario "C" as it involved the elimination of parking for businesses in the area. He supported a subcommittee to look at development in the area from Vincent Avenue over to Glendora and the freeway to Walnut Creek Parkway.
Amendment to Motion Councilmember Hernandez requested to amend his motion to seek RFP’s for the area proposed by Councilmember Herfert instead of Scenario "C" and then to share with the businesses and the community for input.
Mayor Touhey expressed his concerns with development of the area and requests a second to the amended motion proposed by Councilmember Hernandez.
Councilmember Sanderson shared her concern with soliciting a RFP with no plan or direction recommending the subcommittee ascertain information for inclusion in the RFP.
Motion Motion by Herfert and seconded by Sanderson to have staff bring back a concept with a subcommittee to the second meeting in December. At that time, the City Council will appoint two councilmembers to serve on the subcommittee.
Action Motion carried 5-0.
Councilmember Hernandez
Request from Councilmember Roger Hernandez Seeking the
C-2 City Council’s Consensus to Discuss Graffiti Issues
Graffiti Issues Councilmember Hernandez stated that one of the concerns of residents is graffiti, the slow response time and bad color matching, and requested the Council consider reviewing the current graffiti abatement contract.
Motion Motion by Hernandez to send out a RFP for a graffiti abatement contract for better graffiti removal.
Councilmember Sanderson expressed concern with language in the current contract as to obligation.
City Manager Pasmant suggested that staff bring back a report with alternatives along with the current contract term.
Substitute Motion Substitute motion by Sanderson and seconded by Hernandez to have staff bring back terms of current contract to subsequent meeting for further discussion.
Motion carried by 5-0.
Councilmember Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council’s Consensus to Instruct City Staff to Consider the
C-3 Use of Neighborhood Speed Humps
Speed Humps Councilmember Hernandez requested the Council consider speed humps on streets due to concerns expressed by citizens of excessive vehicle speed in their neighborhoods. Councilmember Hernandez suggested staff return with options.
Public Works Director Yauchzee stated that the current policy does allow for the installation of speed humps on streets under certain criteria. Yauchzee presented a brief overview of the current process.
Motion Motion by Hernandez to bring back the current policy for review and have the Public Works Director provide alternative options at the second meeting in December.
Councilmember Herfert stated his support of the current policy and suggested interested residents follow the current policy process for the installation of speed humps.
Substitute Motion Motion by Herfert to receive and file the report.
Council discussion ensued regarding the current policy, rubberized and split speed humps.
Action on Original Motion Councilmember Sanderson offered a second to Councilmember Hernandez motion to review the current policy and for staff to include information on rubberized and split speed humps.
Motion carried 4-1 (Herfert no)
CONSENT CALENDAR Councilmember Sanderson requested that item D-4f be removed for separate consideration.
Councilmember Hernandez requested item D-4c and D-4f be removed for separate consideration.
D-1 City Council Meeting Minutes (receive & file)
No reports for this meeting.
D-2 Commission Summary of Action (receive & file)
Summary of Action a) Community Services 08/14/07 & 09/11/07
b) Senior Commission 08/09/07 & 09/13/07
Approval of Final Map
D-3a Approval of Final Map of Parcel Map No. 62858
Approval of Final Map Location: 1125 South Willow Avenue
Subdivider: Alfonso and Mary Diaz
Recommendation is that the City Council adopt the following resolution:
Reso No. 2007-76 RESOLUTION NO. 2007-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 62858 AND DIRECTING THE RECORDATION THEREOF (ALFONSO AND MARY DIAZ)
Miscellaneous — Community Services Department
Resolution Establishing Change in Date for the Senior Citizens
D-4a Commission Meetings from the Second Week of Every Month to
Senior Commission Meetings the Fourth Week of Every Month
Recommendation is that the City Council adopt the following resolution:
Reso No. 2007-77 RESOLUTION NO. 2007-77 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5682 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS TO CHANGE THE MEETING DATE OF THE SENIOR CITIZENS COMMISSION FROM THE SECOND WEEK OF EVERY MONTH TO THE FOURTH WEEK OF EVERY MONTH EFFECTIVE JANUARY 24, 2008
Sale of Global Electric Motors (GEM) Vehicle to West Covina
D-4b Unified School District
Sale of GEM Vehicle Recommendation is that the City Council authorize the sale of one Global Electric Motorcar Vehicle (VIN #5ASAK27462F029002) to the West Covina Unified School District.
Miscellaneous — Finance Department
Removed for separate consideration
D-4c 2006-2007 and 2007-2008 Fiscal Year Budget Update
Budget Update Recommendation is that the City Council receive and file the budget update and appropriate Proposition 1B Funds in the amount of $1,821,489 to the street rehabilitation and traffic signal projects as identified in the staff report.
Establishment of an EPMC Replacement Plan for Various Employee Groups and a Supplemental Retirement Plan for
D-4d Executive Staff and City Council
EPMC Plan Replacement Recommendation is that the City Council adopt the following resolutions:
Resolution 2007-78 RESOLUTION NO. 2007-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) EPMC REPLACEMENT SUPPLEMENTAL RETIREMENT PLAN TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR
Resolution 2007-79 RESOLUTION NO. 2007-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR EXECUTIVE STAFF AND CITY COUNCIL TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR
and appropriate $97,050 from the General Fund reserve and $68,126 from various special revenue funds and the CDC reserves.
Miscellaneous — Public Works
D-4e California Building and California Fire Code Ordinance Introduction
Building/Fire Codes Recommendation is that the City Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE CALIFORNIA BUILDING CODE AND THE 2007 EDITIONS OF THE CALIFORNIA BUILDING CODE AND 2006 INTERNATIONAL FIRE CODE AND THE 2007 CALIFORNIA FIRE CODE, 2007 CALIFORNIA MECHANICAL CODE, 2007 CALIFORNIA PLUMBING CODE, 2007 INTERNATIONAL SIGN CODE, 2007 CALIFORNIA ENERGY CODE, AND THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE
and set December 4, 2007 as the date for a Public Hearing concerning the adoption of the California Building Code and the International and California Fire Codes cited above.
Removed for separate consideration
D-4f Five-year Extension of Landscape Maintenance Contract for
Landscape Mtc Contract Maintenance District Nos. 1, 2, and 4
Recommendation is that the City Council approve a five-year contract extension to Azteca Landscape effective November 15, 2007 with no increase in the current contract amount for landscape maintenance services and authorize the Public Works Director/City Engineer and City Clerk to execute such contract.
Sale of Excess Rights-of-Way
D-4g Northwest Corner of Lark Ellen Avenue and South Garvey Avenue
Lark Ellen & South Garvey Ave Recommendation is that the City Council approve the sale of the excess rights-of-way on the northwest corner of Lark Ellen Avenue and Garvey Avenue South and adopt the following resolution:
Reso No. 2007-80 RESOLUTION NO. 2007-80 - A RESOLUTION OF THE CITY
Quite Claim Deed — Rene Ortiz COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED IN FAVOR OF RENE ORTIZ
Miscellaneous — Risk Management
D-4h General Liability Claims Administration Contract Extension
Liability Claims Administration Recommendation is that the City Council approve an amendment to the existing General Liability Service Agreement between The City of West Covina and NovaPro Risk Solutions, LP, which would extend the City’s current service rate for two additional years, beginning January 1, 2008 and ending December 31, 2009, pursuant to the terms and conditions set forth in the amendment.
AB1234 Conference and Meeting Report (receive & file)
D-5a Legislative Advocacy Conference and Meeting Report
AB1234 Report Recommendation is that the City Council receive and file this report.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to waive further reading of the resolutions/ordinance and adopt/introduce, and approve all items except D-4c and D-4f. Motion carried by the following roll call vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
Item D-4c 2006-2007 and 2007-2008 Fiscal Years Budget Update
Finance Director Bachman presented a brief staff report recapping the budget for fiscal year 2006-07 and for the first quarter of fiscal year 2007-08 and answered question from the Council.
Motion by Herfert and seconded by Lane to approve as recommended by staff. Motion carried 5-0.
Item D-4f Five-Year Extension of Landscape Maintenance Contract for Maintenance District Nos. 1, 2, and 4
Councilmember Sanderson requested this item be pulled due to concerns raised by residents under Oral Communications regarding the removal of landscape maintenance clippings and trash and the contractors requirements under their contract.
Public Works Director Yauchzee provided a brief overview of the contract requirement.
Councilmember Hernandez inquired as to how many years Azteca has had the contract and when they last had to bid for the contract.
Motion Mayor Pro Tem Hernandez expressed his support of competing for the contract and entertained a motion to solicit a Request for Proposal for the landscape maintenance contract.
Council discussion ensured regarding possibility of bids coming in higher than the five-year renewal offer proposed with no increase in amount and the restrictions of Prop 218 as an increased amount for service would affect homeowners tax assessment.
Substitute Motion Substitute motion by Sanderson to approve the five-year extension, with the caveat that if complaints are not resolved properly and promptly the issue will come back to council. Motion seconded by Lane.
Councilmember Hernandez reiterated his motion stating that soliciting for Requests for Proposals supports competition.
Substitute Motion Substitute motion by Herfert to not take any action this evening and survey residents if they would like an increased level of service and would approve an additional tax.
Mayor Touhey offered his comments and a second to the original motion by Hernandez to solicit Requests for Proposals for landscape maintenance.
Motion carried 3-2 (Herfert and Lane no).
PUBLIC HEARINGS FY 2007-2008 Community Development Block Grant (CDBG)
E-1 Program — Public Service Project Funding
CDBG Project Funding Mayor Touhey announced the hearing matter and Assistant City Clerk Rush verified that proper public notice had been given. Mayor Touhey opened the hearing. Community Services Management Analyst McDonald presented the staff report highlighting the proposed amendments to the action plan. McDonald stated that even though Amendment/Activity #8 was included in the notice of the proposed amendments to the plan, it is staff‘s recommendation to approve Amendments #1 - #7 and to further evaluate Amendment #8 (handicap parking spaces).
Proposed amendments are as follows:
|
Activity Description |
Funding Per Action Plan |
Proposed Amendment |
Proposed Funding |
|
1 — Street Rehabilitation |
$ 376,000 |
Cancel |
$ |
|
2 — Community Enhancement |
80,000 |
Modify |
103,812 |
|
3 — Curb and Gutter Replacement |
75,000 |
Modify |
35,000 |
|
4 — Street Barrier Removals |
60,000 |
Modify |
200,000 |
|
5 — Senior Center Heating/Air conditioning replacement |
Not in Plan |
Add |
35,000 |
|
6 — Crosswalk across Badillo (near Orange) |
Not in Plan |
Add |
70,000 |
|
7 — Friendship Park — Accessibility Ramp |
Not in Plan |
Add |
50,000 |
|
8 — Handicap Parking spaces at Senior Center |
Not in Plan |
Add |
15,000 |
Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for public comment.
Royall Brown Royall Brown, West Covina resident, discussed the need for additional handicap parking spaces at the Senior Center and urged adoption of amendments to include Activity #8.
Closed Testimony With no other speakers wishing to address the Council, Mayor Touhey closed the public testimony portion of the hearing.
Motion Motion by Lane and seconded by Herfert to approve [amendments].
Councilmember Hernandez asked if the motion included Amendment #8. Mayor Pro Tem Lane stated her motion included the inclusion of the handicap parking spaces at the Senior Center (Amendment #8). Councilmember Herfert withdrew his second as he did not support the inclusion of the parking spaces.
City Manager Pasmant discussed the impact of additional spaces and the need for further study. McDonald stated the department is currently developing a study to determine how many seniors require handicap parking and have placards.
Mayor Lane withdrew her motion.
Councilmember Hernandez supported the approval of Amendments #1 - #8, and after survey has been conducted return to council.
It was discussed that after the survey, the proposed cost estimate for the handicap parking spaces would possibly change from that currently proposed and the action plan would have to be amended. It was suggested that the council approve amendments #1 — #7 and to proceed with those projects at this time and after the survey return to council to amend the action plan to included funding for handicap spaces.
Motion Motion by Sanderson and seconded by Hernandez to approve proposed amendments #1 - #7 to the FY 2007-2008 CDBG Action Plan. and to conduct a study associated with amendment #8 (handicap parking spaces) and bring back survey results to council.
Motion carried 5-0
General Plan Amendment No. 07-01
Zone Change No. 06-06
Applicant: Hector Sanchez
E-2 Location: 928 S. Glendora Avenue
928 S. Glendora Mayor Touhey announced the hearing matter and Assistant City
GPA No. 07-01/ZC No. 06-06 Clerk Rush verified that proper legal notice had been given. Mayor Touhey recused himself from discussion due to his family owning property at 551 E. Vine Avenue, turned the chair over to Mayor Pro Tem Lane, and left the dais.
Mayor Pro Tem Lane opened the hearing. Planning Director McIsaac presented a brief staff report summarizing the project details, changing the land use designation to accommodate a proposed used car dealership.
Public Testimony Mayor Pro Tem Lane opened the public testimony portion of the hearing and asked for public comment.
Jesse Hernandez, on behalf of the applicant Hector Sanchez, offered to answer any questions.
Closed Testimony With no one else wishing to address the Council, Mayor Touhey closed the public testimony portion of the hearing.
Assistant City Clerk Rush presented:
Resolution No. 2007-81 RESOLUTION NO. 2007-81 — A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO 07-01
Motion by Sanderson and seconded by Hernandez, to waive further reading of the resolution and adopt. Motion carried by 4 -1 by the following roll call vote:
AYES: Herfert, Hernandez, Sanderson, Lane
NOES: None
ABSTAIN: Touhey
Assistant City Clerk Rush presented:
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 06-06.
Motion by Sanderson and seconded by Hernandez to waive further reading of the ordinance and introduce.
Motion carried 4-0-1 (Touhey abstained).
Mayor Touhey returned to the dais.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Touhey recessed the City Council meeting at 9:50 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 9:55 p.m. with all members present.
DEPARTMENTAL MATTERS No reports for this meeting.
COUNCILMEMBERS’ REQUESTS FOR REPORTS, STUDIES, OR INVESTIGATIONS
Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City Council’s Consensus to Ban the Selling of Puppy Dogs at West
I-1 Covina Pet Stores that are Bred at Puppy Mills
Ban on Puppy Mill Dogs Motion by Touhey and seconded by Hernandez to bring a report to the December 18, 2008 meeting to ban the selling of puppy dogs at West Covina pet stores that are bred at puppy mills.
Motion carried 5-0.
Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City Council’s Consensus to Support the Campaign to Create a
I-2 Nisei World War II Veterans Stamp
Nisei WWII Veterans Stamp Motion by Touhey and seconded by Hernandez to bring a report to the December 18, 2008 meeting to support the campaign to create a Nisei World War II veteran stamp.
Motion carried 5-0.
COUNCILMEMBER COMMENTS
Councilmember Hernandez requested to agendize for the second meeting in December, consideration of partnering with Amigos De Los Rios for the efforts of increasing our connectivity to recreational and green space areas. Touhey seconded the request.
Councilmember Sanderson requested to agendize for discussion information on safety in the council chambers and what other agencies do. Touhey seconded the request.
ADJOURNMENT Motion by Lane and seconded by Sanderson to adjourn the meeting at 10:00 p.m. in memory of Bill Riley, long time resident; Joseph E., long time resident; Bill Clark, West Covina SHOP Program, and Millie Carter, long time resident. Motion carried by 5 — 0.
Submitted by:
_______________________________
Assistant City Clerk Susan Rush
___________________________________
Mayor Michael Touhey