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06-15-2004 - Regular Meeting - MinutesCJ • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL JUNE 15, 2004 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:05 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Kelly DuPee of Faith Community Church gave the invocation and Councilmember Herfert led the Pledge of Allegiance. ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers Hernandez, Herfert, Wong Others Present: Pasmant, Alvarez-Glasman, Freeland, Ballard, Durbin, Yauchzee, Samaniego, Wills, Taylor, Fields, Hoppe, Bachman, McIsaac, Paul, Lee, Chung, Chaparyan, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that all members of the City Council and CDC were present, items scheduled for discussion were announced prior to commencement of the closed session which began at 6:08 pm. A briefing was given regarding the two existing matters listed on the City Council closed session agenda, no final actions were taken and nothing further to report; except, Councilmember Wong abstained on the Valencia Heights Water issue, in compliance with conflict of interest laws. Regarding the two properties listed for discussion on the CDC closed session agenda, direction was provided to General Counsel to proceed with a DDA for both the Amar Road/Azusa Avenue project with Eclipse Development Group and the Citrus/Workman project with McIntyre Companies. CHANGES TO THE AGENDA City Manager Pasmant requested that Item C-3e regarding Dial -A - Ride be removed for additional information and to be rescheduled for a future meeting. He also noted a correction to Item C-3h (Lot Line Adjustment), which incorrectly calls out Glendora Avenue rather than Lakes Drive. APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of May 19, 2004 Special meeting of June 1, 2004 Special meeting of June 9, 2004 PRESENTATIONS Following the Blue Star video, with the assistance of Environmental Management Director Samaniego, Mayor Miller called forward representatives from the following schools that participated in the Clean Campus Competition: California Elementary School — First Place Orangewood Elementary School Monte Vista Elementary School Merced Elementary School Edgewood Middle School Council Minutes of 6115104 West Covina Rose Float Foundation President Frank Scalfaro introduced Larry Crain, owner of Charisma Floats and together they presented the City's 2005 Rose Float design. ORAL COMMUNICATIONS Royal Brown, West Covina resident, thanked Council for • proceeding with the development at the former BKK Landfill site, as he saw earthmovers removing earth for the first time over the weekend. Herb Redholtz, West Covina resident, reported on a meeting between Councilmember Hernandez, the Planning Director, and the developer for Quail Ridge. John Scheuplein, West Covina resident, announced a new R.V. storage area in West Covina: 1611 W. San Bernardino Road — the former Blackyard's Towing yard. Cookie Nance, West Covina resident, spoke about the week's dedication to the memory of President Ronald Reagan, who passed away on June 5, 2004. She noted the financial revenue gained by the City of Baldwin Park with the coming of Wal-Mart to that city. Marilee Marrero, West Covina branch Library Director, promoted the summer reading program for children and teenagers at the Library. Joanne Wilner, West Covina resident, noted that the Public Finance Authority agenda called out minutes of January 7, 2003 for approval when minutes of April 3, 2001 were actually attached. She also opposed the ENA for the development of a portion of the civic center — Item C-31. Mayor Miller Mayor Miller stated that Item C-31 would be pulled from the Consent Calendar for separate discussion and vote. Mayor Miller stated that there is a proposal coming soon to the City Council for the development of the commercial site at the former BKK landfill site for the construction of a Winco and a Home Depot. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Councilmember Herfert — City Council Standing Rules Standing Rules Council reviewed the staff report. Councilmember Herfert stated that he had asked that the standing rules be agendized for Council's review, as it appeared to him that from time to time Councilmembers were forgetting to abide by them. Councilmember Wong — Voter Initiative of Financing the Big League Dreams Proiect BLD Financing Initiative Councilmember Wong elaborated on the staff report. iJohn Scheuplein John Scheuplein, West Covina resident, didn't see much difference between Option No. 4 and No. 5 mentioned in the staff report and suggested placing all of them on the ballot. Motion by Wong and seconded by Miller to hold over until tomorrow evening's meeting, scheduled for FY 2004/05 budget discussion. Motion failed by the following roll call vote: 2 Council Minutes of 6/15/04 AYES: Miller, Wong NOES: Hernandez, Herfert, Sanderson Motion Motion by Sanderson and seconded by Herfert to table the matter. Motion carried 3-2 with Miller and Wong voting no. Discussion ensued as to the terminology of "table" versus • "postpone indefinitely" and the intent of the motion maker. Councilmember Sanderson explained the intent of her motion was to ensure the subject matter did not come before Council again. Councilmember Wong noted that it's been a standing rule of the Council that items can be brought back for consideration at any time. The City Attorney was asked to provide a clarification of the two conflicting actions. Councilmember Wong stated that he would abstain from the discussion and vote on the following issue, in compliance with the conflict of interest laws. His family's commercial property is situated near the area in question.and although it has been sold, it hasn't been a year since the sale. Councilmember Hernandez Glendora Avenue Master Plan/Downtown Area Revitalization Glendora Ave. Revitalization Council reviewed the staff report. Councilmember Hernandez commented on this issue and the various options previously discussed at a past meeting. Motion by Hernandez and seconded by Miller to approve scenario "C" working with Kohl's to become a part of the revitali- zation plan. Motion carried 4-0-1 with Wong abstaining (conflict of interest). Planning Department — Potential Sale of City Property on Morganfield Avenue Morganfield Avenue property Planning Director McIsaac presented the staff report with a slide of the area in question. Hortencia Sanchez, West Covina resident, urged Council to leave the property as is — a green belt. Dave Cox, West Covina, concurred with previous speaker. Council comments echoed those of the speakers. Motion by Miler and seconded by Sanderson to receive and file the staff report. Motion carved 5-0. City Clerk's Office — Available General Municipal Election Dates Municipal Election Dates City Clerk Berry elaborated on the staff report. John Scheuplein, West Covina resident, urged Council to leave the city election date as is. • Motion by Wong and seconded by Herfert to receive and file the report, making no changes to the current March 8, 2005 general municipal election date. Motion carved 5-0. Fire Department — Ambulance Service Ambulance Services Interim Fire Chief Ballard elaborated on the staff report, emphasizing the following points: a) All firefighters were polled k3 Council Minutes of 6/15/04 as to their opinion of the level of service for the community and all but three concurred with the three ambulance plan; b) A subjective analysis of five service options rated the three -ambulance plan, staffed by firefighters and adding one person, as the first choice. Art McKiernan Art McKeman, AMR, commented and countered part of the staff • report. He distributed information regarding the City of Glendale Fire Department's ambulance program. He felt the City of West Covina's plan didn't address overtime. Jim McNeal Jim McNeal, Cole -Schaefer Ambulance, commented on Glendale's program. He felt West Covina's plan would really take 18, not 12, people for an ABC shift and that the City may lose its Class A rating without four men per truck. Francis Dowling Francis Dowling, Schaefer Ambulance, clarified that under the Chiefs plan, the City would be hiring three full-time equivalents and a coordinator: that's four new people, not one. He felt the report didn't include benefits or other extended costs. John Scheuplein John Scheuplein, West Covina resident, urged Council to accept the recommendation of Interim Fire Chief Ballard. Motion by Hernandez and seconded by Sanderson to approve Option No. 4 (City Ambulance with City firefighters, fire staffing - add one person, and receive ambulance billings) and the five recommendations outlined in the staff report. Sanderson added a thorough annual review of the finances, statistics, and service to the motion. Councilmember Wong commented on the Interim Chiefs rating for this evening's discussion. He suggested either using the current contract ambulance service or move forward with a two - ambulance service. Councilmember Herfert reiterated his opposition to changing the ambulance service from the current practice. Mayor Miller reiterated the motion made by Hernandez and seconded by Sanderson to approve Option No. 4, the five recommendations below, a thorough review each year, and then requested a roll call vote of the Council: 1) Approve the revised Fire Department business plan to improve ambulance transportation services by utilizing current Firefighter/Paramedics to staff three city -owned ambulances. These ambulances will be staffed with two firefighter/paramedics. 2) Authorize the City Attorney to send a written request to the Contract and Grants Division of the Department of Health Services requesting they begin the process of amending the current Emergency Ambulance Services Agreement between the City of West Covina and the County of Los Angeles. 3) Accept the low bid and award the contract for billing • services submitted by Whitman Enterprises of Sacramento California at 6% of net receipts. 4) Find that Leader Industries Bid # MP0893 to the Orange County Fire Authority meets or exceeds all bid requirements of the City, and authorize the Fire Department to purchase four ambulances from Leader Industries. F1 Council Minutes of 6/15/04 5) Adopt the following resolution authorizing the lease purchase financing with Sun Trust Leasing Corporation, in the amount of $261,791.80 to fund the acquisition of four (4) ambulances (1 is a reserve) and authorizing the director of Finance to execute all necessary documents. . Resolution 2004-50 RESOLUTION NO. 2004-50 — A RESOLUTION OF THE CITY Fire Equipment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF EQUIPMENT SCHEDULE NO. 3, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH Motion by Hernandez and seconded by Sanderson to waive further reading of the resolution and adopt, and include those items above. Motion carried by roll call vote: AYES: Hernandez, Sanderson, Mill NOES: Wong ABSTAIN: Herfert Recess Mayor Miller called a recess at 9:36 pm. The City Council reconvened at 9:47 pm with all members present. CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Community Services. 5/11/04 Senior Citizens 5/13/04 j Ordinance for Adoption (waive reading & adopt) Amendment No. 3 to the Redevelopment Agency Plan for the West Covina Redevelopment Project Area Ordinance 2115 - ORDINANCE NO. 2115 - AN ORDINANCE OF THE CITY RDA Amendment No. 3 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE WEST COVINA REDEVELOPMENT PLAN FOR THE WEST COVINA REDEVELOPMENT PROJECT AREA Miscellaneous — Fire Department Fire Engine 4 (F-22) Accident Repair Authorization Fire Engine Repair Recommendation is to authorize up to $80,000 for the transporta- tion and repair of Fire Engine 4 (F-22). Preliminary repair cost estimate is $61,500. It is also recommended that the City Council approve an appropriation of $80,000 from the self-insurance reserve to Risk Management's Uninsured Loss Account No. 360.15.1520.6417 to cover the funding for the loss. Miscellaneous — City Clerk's Office Procedures for Handling Materials Submitted at Council Meetings Item Pulled from Agenda Recommendation is to accept the procedures for handling documents and/or materials submitted during the Council meetings • intended for Councilmembers' perusal. Miscellaneous — Environmental Management Resolution Establishing Change in Time for Waste Management/ Environmental Quality Commission Meetings from 7:30 pm to Resolution 2004-51 Recommendation is to waive further reading and adopt: WM/EQ Comm. meeting time RESOLUTION NO. 2004-51 — A RESOLUTION OF THE G Council Minutes of 6/15/04 0 • CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 5682 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS TO CHANGE THE METING TIME OF THE WASTE MANAGEMENT AND ENVIRONMENTAL QUALITY COMMISSION FROM 7:30 PM TO 7:00 PM BKK Closure Plans Monthly Status Recommendation is to receive and file the report. Miscellaneous — Community Services Renewal of Dial -A -Ride Agreement with Los Angeles County Item Pulled from Agenda Recommendation is to authorize the City Manager and City Clerk to execute a two-year renewal agreement with Los Angeles County for the City of West Covina to provide Dial -a -Ride services for the County from July 1, 2004 to June 30 2006. Miscellaneous — Public Works Request for Reallocation of Property Taxes — County Sanitation District Annexation Location: Southwest corner of Nogales St./Shakespeare Drive Resolution 2004-52 Recommendation is to waive reading and adopt the following: County Annexation 702 RESOLUTION NO. 2004-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTOR OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WES COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21, BEING ANNEXATION NO. 702 Installation of Banners Over Amar Road and Over Vincent Avenue Banners Recommendation is to authorize the installation of banners by City staff at no cost to approved non-profit groups subject to the Planning Department's Public Right -of -Way Banner Application approval process. Lot Line Adjustment No. 162 Location: 1220 and 1230 Lakes Drive Recommendation is to waive further reading and adopt: Resolution 2004-53 RESOLUTION NO. 2004-53 — A RESOLUTION OF THE Lot Line Adjustment 162 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING LOT LINE ADJUSTMENT NO. 162 AT 1220 AND 1230 LAKES DRIVE AND DIRECTING THE RECOR-DATION THEREOF (Hillcrest Development) Miscellaneous — Finance City Loan for the West Covina Redevelopment Project Area Resolution 2004-54 Recommendation is to waive further reading and adopt: Redevelopment project area RESOLUTION NO. 2004-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING A LOAN TO THE WEST COVINA 0 Council Minutes of 6/15/04 COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EX- PENSES FOR THE WEST COVINA REDEVELOPMENT PROJECT AREA •City Loan for the Citywide Project Area Resolution 2004-55 Recommendation is to waive further reading and adopt: Citywide project RESOLUTION NO. 2004-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY Miscellaneous — Risk Management Renewal of Property Insurance for FY 2004/05 Property Insurance renewal Recommendation is to approve renewal of the City's existing property insurance coverage with Travelers Property Casualty Group, Quote No. 1, at a cost of $84,500 for FY 2004/05. Miscellaneous — Community Development Commission The City Council Shall Consider an Exclusive Negotiating Agree- ment Between the City and Dynamic Business Holding Inc. for the Potential Development of a 2.6 Acres of the Civic Center Property ENA with Dynamic Recommendation is to review and approve the t20-day Exclusive Negotiating Agreement with Dynamic Business Holdings Inc. for the potential development of a 2.6-acre portion of the Civic Center Property for a mixed -use commercial retail/office development. CONSENT CALENDAR ACTION City Manager pulled the Dial -A -Ride Renewal report off the Agenda for a future meeting. He also pulled off the Procedures for Handling Materials Submitted at Council meetings, as he desired to handle that procedure administratively. Councilmember Wong stated that conflict of interest laws prohibit him from participating in the discussion and vote on the following two issues: Adoption of Ordinance No. 2115 relating to the redevelopment project area and Lot Line Adjustment No. 162 (Resolution 2004-53 relating to Lakes Drive) as his family's com- mercial property, although recently sold, is located near these two issues. Councilmember Sanderson noted that the Summary of Actions for the May 11`h Community Services meeting indicated a lot of recreational activities and participants at the new Community Center at Cameron Park. Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance/resolutions and introduce/adopt; and to approve all other items listed except: Item C-31 and C-3g. Motion carried by roll call vote: • AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSTAIN: Wong re Ord. No 2115 and Reso. 2004-53 (conflict of interest) Item C-31 In relation to Item C-31(ENA with Dynamic Business Holdings), Economic Development Specialist Franklin presented the staff report and responded to questions. The following individuals addressed Council: 7 Council Minutes of 6/15/04 Richard Melendez Richard Melendez of Dynamic Business Holding Inc. looked forward to working with the City on the possibility of developing the site. John Scheuplein John Scheuplein, West Covina resident, felt the developer was more than worthy of the ENA and encouraged Council to grant it. John Shewmaker John Shewmaker, West Covina resident, suggested that Council finish some projects before beginning a new one. Joanne Wilner Joanne Wilner, West Covina resident, spoke in opposition to developing any part of the civic center property. It is now good environmental protection for City Hall and cutting down all those trees would be a terrible mistake. Council discussed the matter briefly. Motion by Herfert and seconded by Sanderson to approve the staff recommendation. Motion carried 5-0. Item C-3g In relation to Item C-3g (Banners over Amar and Vincent), Councilmember Wong felt the $75 charge for the City to install and remove banners should be imposed on any organization or agency, whether non-profit or not. It recoups the cost to the City; it is not a "for profit" fee. Motion by Wong and seconded by Sanderson to not waive the $75 fee. Motion carried 4-1 with Herfert voting no. END OF CONSENT CALENDAR HEARING HEARING - WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT City Clerk Berry verified the affidavit of publication. Mayor Miller opened the public hearing. Public Works Director/City Engineer Yauchzee presented the staff report, stating that the rates were going up by 1.9%. Public Testimonv Mayor Miller asked if any written protests or objections had been received and City Clerk Berry responded in the negative. He then none opened the hearing for verbal comments from the audience. No one addressed the City Council in favor of or in opposition and he Testimony closed closed the public testimony portion of the hearing. Councilmember Wong opposed the concept of using gas tax funds to pay the City's portion of the citywide assessment. Mr. Yauchzee stated that although the gas tax funds could be used for that purpose, City staff was not proposing it at this time. City Clerk Berry presented: Resolution 2004-56 RESOLUTION NO. 2004-54 — A RESOLUTION OF THE Citywide Lighting & Maint. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR BEGINNING JULY 12004 0 Council Minutes of 6/15/04 Main Motion Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt. Motion by Wong to prohibit the use of gas tax funds for the City's portion of the assessment district. Motion died for lack of a second. Mayor Miller asked for a vote on the main motion, which . carried 4-0-1 with Wong abstaining. HEARING WEST COVINA CITYWIDE SEWER SERVICE CHARGE METHOD OF COLLECTION Sewer Service Charges City Clerk Berry verified the affidavit of publication and Mayor Miller opened the hearing. Public Works Director/City Engineer Yauchzee presented the staff report. Councilmember Wong noted that the cost is going up by 4.1% and expressed concern that the revenues are not going up at the same rate. He asked if there was anything that could be done to keep it in line. Mr. Yauchzee responded that it is carefully reviewed every year. City Manager Pasmant suggested that during the budget process, staff provide more detailed information as to where the expenses are going and additional options before the budget is adopted. Public Testimonv Mayor Miller asked if written comments or objections had been received and City Clerk Berry responded in the negative. Mayor non Miller than asked for verbal comments from the audience, and no one addressed the City Council. Mayor Miller closed the public Testimony closed testimony portion of the hearing to commence Council discussion. City Clerk Berry presented Resolution 2004-57 RESOLUTION NO. 2004-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 5-0. HEARING CODE AMENDMENT NO. 04-01 BANNER FOR NON-PROFIT ORGANIZATIONS WITHIN PUBLIC RIGHT-OF-WAY City Clerk Berry verified the affidavit of publication. Mayor Miller opened the hearing and stated that the applicant has withdrawn their application. There was no Council interest in receiving a staff report. No public testimony Mayor Miller stated that no speaker cards had been submitted and asked if there was anyone interested in addressing the Council on this matter. No one approached the podium and Mayor Miller closed the public testimony portion of the hearing. Motion by Hernandez and seconded by Herfert to receive and file 0 the staff report. Motion carried 5-0. HEARING RESOLUTION AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS, 2004 SERIES A (Golf Course Project) Lease Revenue Bonds City Clerk Berry verified the affidavit of publication. Mayor Miller opened the hearing. Finance Director Bachman presented the staff report and responded to questions about the financials. 6 Council Minutes of 6/15/04 is Suzanne Harrell of Harrell & Company, the City's financial consultant, responded to questions concerning the bond rates. Public Testimony Mayor Miller opened the public testimony portion of the hearing and asked for comments from the audience. The following persons addressed Council: John Scheuplein John Scheuplein, West Covina resident, expressed his opposition to moving ahead with this concept. Bernie Wilner Bernie Wilner, West Covina resident, encourage Council to move ahead with this, as the golfers would really appreciate a new course to play. Testimony closed Mayor Miller closed the public testimony portion of the hearing. City Clerk Berry presented Resolution 2004-58 RESOLUTION NO. 2004-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING AND APPROVING A PROJECT LEASE, A LEASE AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, A FINAL OFFICIAL STATEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND A BOND PURCHASE AGREEMENT; APPROVING THE RETENTION OF CERTAIN PROFESSIONAL FIRMS; AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTIONS IN CON- NECTION THEREWITH Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt. Councilmember Wong stated he would not support the motion as it is akin to the placing the cart before the horse. All the components of the project are not in place yet. Councilmember Hernandez felt it was another positive step toward the golf course. Councilmember Sanderson noted her support as well. Mayor Miller felt the golf course would be a great benefit to the City, but was also concerned about the timing of this facet of the project. Action Motion by Miller and seconded by Wong to postpone this matter to July 20, 2004. Motion failed 2-3 with Herfert, Hernandez, and Sanderson voting no. Action on the main motion carried 3-2 with Miller and Wong voting no. PUBLIC FINANCING AUTHORITY Mayor Miller recessed the City Council meeting at 10:44 pm to convene the Public Financing Authority. The City Council recon- vened at 10:45 pm with all members present. COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting at 10:46 pm to convene the Community Development Commission. The City Council reconvened at 10:47 pm with all members present. DEPARTMENTAL MATTERS ENVIRONMENTAL MANAGEMENT Update on the Status of the Graffiti Removal Contract Environmental Management Director Samaniego presented the staff report. 10 Council Minutes of 6/15/04 Councilmember Hernandez stated that he had asked for this matter to come back to the City Council for terminating the contract. Main Motion Motion by Hernandez and seconded by Sanderson to terminate the current contract and to direct staff to come back with alternatives. . Councilmember Sanderson suggested posting the Graffiti Hot Line telephone number on City poles throughout the city. Councilmember Wong noted that there are 13 complaints over a six-month time frame with a total of 4300 sites for the same time period. Certainly the City can give them an opportunity to improve their performance after bringing it to their attention before terminating the contract. Mayor Miller suggested a committee of two Councilmembers, members of the public, staff, and the Boys & Girls Club of San Gabriel to work through the issues, and report at the earliest convenience. Motion by Miller and seconded by Wong to form that committee. Motion failed 2-3 with Herfert, Hernandez, and Sanderson voting no. Councilmember Herfert stated that he was not ready to terminate the current contract because there wasn't enough data and there wasn't a replacement. He expressed displeasure with the response from the state representatives regarding graffiti on their property in West Covina (along the freeway). Councilmember Hernandez spoke of the previous discussions regarding the abatement of graffiti and how he felt about the responsiveness, the results of either the painting or sandblasting. He suggested the residents of West Covina want the Council to aggressively eradicate graffiti. Councilmember Wong noted that the current contractor has made the City's standards 99.9% of the time. It's hard to find fault with that. The City has an obligation to work with the contract, but to say after thirteen complaints to just cut the contract is unreasonable. Action on Main Motion Mayor Miller asked for a vote on the main motion to terminate the contract. Motion failed 2-3 with Herfert, Miller, and Wong voting no. Council concurred on sending the matter back to staff, bearing in mind the comments made by the Councilmembers. Council - member Wong asked for a review of the complaints logged by the users of the other contractor that had made a bid at the last RFP. PLANNING DEPARTMENT Delegation of Responsibility for Determining Public Convenience and Necessity for Alcoholic Beverne Licenses Due to the time, the City Council concurred on holding this over • until the next City Council meeting. CONTINUED ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS Mayor Miller reported on the success of the West Covina Lion's Annual Fundraiser at the Edwards Theatre. There were 750 people in attendance. 11 Council Minutes of 6/15/04 COUNCILMEMBERS' REPORTS Councilmember Sanderson reported on the rash of dead birds and crows in the area. She suggested that the City take a proactive position in alerting citizens of the West Nile Virus, using all means available: Cable Corkboard, video from Mosquito Abatement District for airing on CATV, West Covina Discover, etc. ADJOURNMENT Motion by Miller and seconded by Herfert to adjourn the meeting at 11:15 pm in memory of Carman Hemulgada, the City Manager's sister-in-law who recently passed away. Motion carried 5-0. Attest: City Clerk Janet Berry 6 • Mayor Michael Miller 12