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09-07-2004 - Regular Meeting - MinutesC MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL September 7, 2004 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:33 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the invo- cation and Councilmember Wong led the Pledge of Allegiance. ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers: Herfert, Hernandez, Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, Samaniego, Durbin, McIsaac, Yauchzee, Hoppe, Wills, Tedesco, Elliott, Franklin, Paul, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the special meeting commenced at 6:12 pm with all members present, except Council - member Wong; that he announced all the items scheduled for dis- cussion, and that there were several speakers who addressed the City Council/CDC Board. In relation to the City Council closed session items, all members were present and received a briefing. No final actions were taken and there is nothing further to report. In relation to the four CDC closed session items: a) properties located at 204-245 N. Citrus and 2504-2539 E Workman Avenue: direction was given to extend the agreement and continue to negotiate with McIntyre Properties (Wong was not present for this item); b) property located at 1440 West Covina Parkway, an amendment would be addressed during open session; c) the Country Club Center project was held over until September 2151; and d) properties at 150 and 200 S. Citrus and 2646 E. Garvey Avenue would be discussed at the conclusion of the regular meeting due to time constraints. CHANGES TO THE AGENDA City Manager Pasmant stated that in relation to Item I-2 (Coyote Control Services), the recommendation to increase the appropriate account by $9000 was being removed from Council's consider- ation and would be addressed in the future. Also, he requested that the joint public hearing, Item D-2 (Purchase and Sale Agreement with West Covina Medical Building Group) be continued to the next meeting, September 21, 2004. APPROVAL OF MINUTES The following sets of minutes were approved as amended, noted below: Regular meeting of July 20, 2004 Special meeting of July 27, 2004 Regular meeting of August 3, 2004 Regular meeting of August 17, 2004 Special meeting of August 17, 2004 (amended to reflect the deletion of an editorial sentence on page 2 regarding COG dues). Councilmember Herfert requested a transcript of the action taken on the matter. Council Minutes 9-7-04 PRESENTATIONS Jim Hartman, Acting Deputy Director of the L.A. County Agricul- tural Commissioner/Weights & Measures discussed coyote ser- vices in West Covina and the County's procedures in responding to the City's needs and how they handle coyotes. With the assistance of Police Chief Wills, Mayor Miller presented • Police Officer Karen Martin with a Certificate of Recognition acknowledging her achievement in being awarded the distinction of California School Resource Officer of the Year. Mayor Miller recognized West Covina resident Lloyd Johnson as one of the torchbearers of the 2004 Olympic Torch Relay. With the assistance of Police Chief Wills, Mayor Miller recognized Police Corporal Ken Ferguson for his outstanding forensic work with the Police Department. He is retiring after twenty years of service with the City. The City's Blue Star program video was aired. ORAL COMMUNICATIONS John Hughes, West Covina resident, thanked the City Council and various City departments for their assistance and support in always making the MDA fundraisers worthwhile and profitable for the Multiple Dystrophy Association. Herb Redholtz, West Covina resident, was glad to see the "coming soon" project signs on the former BKK Landfill site. Cookie Nance, West Covina resident, reiterated her previous sup- portive position for a Wal-Mart in West Covina. Royal Brown, West Covina resident, invited everyone to a "Healthy Parks" event at the Arboretum in Arcadia on October 2. He also asked for political support in his bid for a position on an upcoming water board election. John Scheuplein, West Covina resident, commented on the Council of Governments annual dues situation and a corresponding article in the Daily Tribune. Lloyd Johnson, West Covina resident, appreciated the City's Blue Star video. Fran Delache, Covina resident, distributed "Steak Fry" flyers and invited the Council and City residents to attend a Citrus Valley Health Foundation fundraising event on September 23. Bruce Leinbach, West Covina resident, urged Council to stay current with the COG dues and remain active in the association. Giancarlo Masarotto, West Covina resident, related uplifting experiences he had with firefighters in general and spoke highly of • the West Covina Fire Department. CONSENT CALENDAR Commission Summary of Actions (receive & file) Community Services 7/13/04 Senior Citizens 7/8/04 Human Resources 5/12/04, 6/9/04, 6/23/04, 7/7/04/ 7/21/04 2 Council Minutes 9-7-04 • • SP 04109 - All American Asphalt Resolution 2004-72 Ambulance Program/Staffing Traffic Signal Rewiring - Macadee Electrical Company CONSENT CALENDAR ACTION Award of Bids Street Rehabilitation Work of Bus Routs at Various Locations Citywide (Proiect SP 04109) Recommendation.is to take the following actions: * Transfer $100,000 from SP 04102 Proposition "A" fund (Account No. 121.81.8425.7200) and $580,000 from SP 02111 Proposition "C" fund (Account No. 122.81.8234.7200) to SP 04109 (Account Nos. 121.81.8432.7200 and 122.81.8432.7200 respectively). * Accept the bid of the lowest responsive bidder, All American Asphalt, in the amount of $709,500 as submitted at the bid opening on August 24, 2004 and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with All American Asphalt for the work to be done. Traffic Committee Minutes (accept and file) Minutes of the regular meeting of August 17, 2004 Miscellaneous — Human Resources Amendment to MOU — West Covina Firefighters Association — Ambulance Program and Minimum Staffing Policy Recommendation is to approve the amendment to MOU Section 15, Minimum Staffing Policy by adopting the following resolution: RESOLUTION NO. 2004-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NOS. 2002-22 AND 2002-112 RELATING TO THE MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 Miscellaneous — City Manager's Office Establish a Sister -City Relationship with the City of Kurobane. Japan Recommendation is to authorize the Mayor to sign the Memo- randum of Understanding establishing a sister -city relationship between the City of West Covina and Kurobane, Japan. Miscellaneous — Public Works Waiver of Formal Bids for the Emergency Rewire of Traffic Signals at Three Intersections Recommendation is to waive the formal sealed bidding require- ments due to emergency conditions and ratify the contract to Macadee Electrical Construction Company in the amount of $23,200 for this work. Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt; and approve all other items listed on the Consent Calendar except C-4(II) and C-6b. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None Item C-4(II) In relation to Item C-4(I1) (Traffic Committee Item imple- menting no parking on trash pick-up days on Bandy from Walnut Creek Parkway to South Bandy Avenue), Council - member Wong stated that he would abstain in compliance with conflict of interest rules because his family's commercial property, 3 Council Minutes 9-7-04 E • although sold some months ago, is located within 500 feet of the street in question. Motion by Herfert and seconded by Hernandez to approve the staff recommendation. Motion carried 4-0-1 with Wong abstaining. Councilmember Herfert left the dais at 8:36 pm. Item C-6b In relation to Item C-6b (Establishing a City -Sister with the City of Kurobane, Japan), the following West Covina resident addressed Council: John Scheuplein, urged Council to support the staff recom- mendation. Motion by Hernandez and seconded by Wong to approve the staff recommendation. Motion carried 4-0-1 with Herfert absent. Councilmember Herfert returned to the dais at 8:39 pm. HEARING 2004 CONGESTION MANAGEMENT PROGRAM (CMP) Conformance Self -Certification and Local Development Report (LDR) City Clerk Berry verified the affidavit of publication and Mayor Miller opened the hearing. Assistant Planner Anderson presented the staff report. Public Testimony Mayor Miller opened the public testimony portion of the hearing and asked for comments favoring the CMP and the LDR. No one none addressed the City Council. He then asked for comments opposing the CMP or the LDR. Again no one addressed the City Council, so Testimony closed Mayor Miller closed the public testimony portion of the hearing. City Clerk Berry presented Resolution 2004-73 RESOLUTION NO. 2004-73 — A RESOLUTION OF THE CMP & LDR CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE COMP LOCAL DEVELOP- MENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Motion by Wong and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 5-0. JOINT PUBLIC HEARING At 8:41 pm Mayor Miller called to order the Community Develop- ment Commission for the purposes of conducting the following joint public hearing with the City Council. Approval of Purchase and Sale Agreement Between the City of West Covina Community Development commission and the West Covina Medical Building Group for 1440 West Covina Parkway also known as the Former Wescove Theater W.C. Medical Building Group City Clerk Berry verified the affidavit of publication and Chairman Miller opened the hearing. He stated that staff has requested that the matter be held over until the next regular meeting of September 21, 2004. Because there was one speaker interested in posing a question, he opened the public testimony portion of the hearing and the following person addressed Council: Royal Brown, West Covina resident, inquired about performing arts in West Covina. C! Council Minutes 9-7-04 City Manager Pasmant stated that the fourth attachment addressed the issue of performing arts and it would be a part of the staff pre- sentation on the 21s` Motion by Herfert and seconded by Hernandez to hold over the • hearing until September 21, 2004. Motion carried 5-0. Recess Mayor Miller recessed the City Council meeting at 8:44 pm to complete the CDC Agenda. The City Council reconvened at 8:46 pm and all members were present. DEPARTMENTAL MATTERS POLICE DEPARTMENT Creation of Neighborhood Parking Protection Zones Mayor Miller stated that he would abstain from the discussion and vote on this issue, due to conflict of interest laws (the zone in question incorporates his residence) and he stepped away from the dais. He turned the gavel over to Mayor Pro Tern Sanderson. Parking Protection Zones Police Chief Will presented the staff report and responded to ques- tions and comments of the Council. Councilmember Herfert was interested in a two -prong approach: a) the one proposed by the Police and b) conferring with the state legislators concerning the parking problems surrounding the DMV and perhaps a good idea would be to move their operation to the soon to be established commercial development at the former BKK Landfill site. John Scheuplein, West Covina resident, agreed with the staff report recommendation and Council comments. City Clerk Berry presented Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE CITY COUNCIL TO ESTABLISH NEIGHBORHOOD PARKING PROTECTION ZONES FOR THE ENHANCEMENT OF PARKING PENALTIES ON DESIGNATED STREETS AND PORTIONS THEREOF Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong NOES: None ABSTAIN: Miller City Clerk Berry presented: Resolution 2004-74 RESOLUTION NO.2004-74 — A RESOLUTION OF THE Enhanced Parking Penalties CITY COUNCIL OF THE CITY OF WEST COVINA SPECIFYING LOCATIONS AND ADOPTING AN ENHANCED PENALTY SCHEDULE UNDER NEIGHBORHOOD PARKING PROTECTION ZONES Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 4-0-1 • with Miller abstaining. Mayor Miller returned to the dais and resumed the gavel. Increase in Parking Fines and Penalties Police Chief Wills presented the staff report and responded to questions concerning the recommendation to raise parking fines by $10. 5 Council Minutes 9-7-04 Main Motion Motion by Herfert and seconded by Hernandez to approve the staff recommendation to: 1. Adopt an across the board increase of $10 in parking citation fines and penalties, approximately the fees of local surveyed cities. 2. Double the tines for WCMC 26-581J and WCMC 26-391H (regarding illegal parking of commercial vehicles), in • order to address commercial truck parking problems experienced throughout the City. * * Added at request Councilmember Wong asked Chief Wills if fines could be increased of Councilmember Herfert, from $35 to $50. The Chief explained that they could, but he approved 5-0 to amend minutes recommended against it. The Chief then went on to say, "the increase to $45 was already carefully considered by PD staff, but the increase to $50.00 could generate even more contested citations and complaints. " "Citizens have unfettered due process rights when contesting parking citations, and many want to exercise those rights. " "Other citizens simply want to complain. " "Compalints that reach the Watch Commander average about one per day and take quite some time to resolve. " He then mentioned, "he felt it important for citizens to support their police department and not./eel that we are simply trying to raise money at their expense, residents who complain to us typically think that it is the PD who sets parking fines. " Amendment Motion by Wong and seconded by Miller to amend the motion to adopt an across the board increase of $15. The amend- ment carried 3-2 with Herfert and Sanderson voting no. Amended Main Motion Mayor Miller then took a vote on the amended main motion, which carried 3-2 with Herfert and Sanderson again voting no. MAYOR'S REPORTS Mayor Miller commented on the COG issues and invited written comments and questions from the other Councilmembers for the next COG meeting, inviting them to attend as well. Mayor Miller reported on the closure of the trauma centers in the region. Citrus Valley Health Foundation will be attending the next COG meeting for a dialog on the situation. Councilmember Herfert requested copies of the information being supplied to the COG. COUNCILMEMBERS' REPORTS Councilmember Herfert — Business Recognition Dinner Cancellation Business Recognition Dinner Councilmember Herfert suggested that although this current dinner will move forward future recognition dinners be combined with the City's birthday celebration as a joint event to help save money. Councilmember Sanderson concurred and requested staff to report back. Motion by Herfert and seconded by Sanderson to receive • and file the staff report. Motion carried 5-0. Councilmember Herfert — Coyote Control Services Coyote Control Councilmember Herfert appreciated the comments made by the County representative earlier in the meeting regarding coyote control services. He requested written information for handout purposes. 6 Council Minutes 9-7-04 Motion by Herfert and seconded by Sanderson to 1) direct staff to work with the media to increase public awareness, and 2) maintain coyote control services under the Los Angeles county General Services Contract. Motion carried 5-0. Councilmember Herfert— • Current Status of AB 2702 (Second Dwelline Units) Councilmember Herfert elaborated on the staff report. John Scheuplein John Scheuplein, West Covina resident, related the housing shortage throughout California, which is the root cause for this type of legislation. Councilmember Sanderson suggested the issue of local control and AB 2702 be placed on the reader/board. Councilmember Wong suggested any interested person write to the Governor because there are bills before him awaiting his approval or veto Motion by Herfert and seconded by Miller to receive and file the report. Motion carried 5-0. Councilmember Hernandez — City of West Covina Graffiti Removal Contract Councilmember Hernandez commenced the discussion on graffiti removal. John Scheuplein John Scheuplein, West Covina resident, spoke on the merits of continuing the current contract. Herb Redholtz Herb Redholtz, West Covina resident, concurred with previous speaker. Royal Brown Royal Brown, West Covina resident, added supporting comments to the previous two speakers. Maria Gutierrez Maria Gutierrez of Urban Graffiti Removal and a West Covina resident suggested that the City Council focus on the matter at hand, which is that the current contractor has not be providing the services needed in West Covina. Juan Reinoso Juan Reinoso of Urban Graffiti spoke of the reputation and excellent service provided by his company and is willing to take over the current contract at any time. Motion After lengthy Council discussion, motion by Hernandez and seconded by Sanderson to direct staff to terminate the graffiti contract with the Boys and Girls Club of San Gabriel Valley and execute a contract with Urban Graffiti. Motion failed 2-2-1 with Wong and Miller voting no and Herfert abstaining. Councilmember Hernandez — • OrIjanizational Audit Assistant City Manager Fields elaborated on the staff report and responded to questions and comments from Council. Motion by Hernandez and seconded by Miller to receive and file the staff report. Motion carried 5-0. Mayor Miller encouraged Council to submit areas of concerns to the City Manager, if any. Staff was directed to keep the City Council informed with the progress of staffs work and any consultant chosen for the project. VA Council Minutes 9-7-04 • Councilmember Herfert — Councilmember Herfert requested staff to review the City's website for the possibility of implementing a search engine so that users could insert key words to find specific topics, actions, etc. Councilmember Sanderson — Councilmember Sanderson asked about the buzzer that has been going off all evening when speakers have gone beyond the three - minute allotment. Staff to check that out and report back. ADJOURNMENT Motion by Miller and seconded by Herfert to adjourn the City Council meeting at 10:30 pm in memory of Sharon Santos. The CDC, however, would reconvene in the City Manager's Conference Room to consider the item that they couldn't get to earlier during the special meeting because of time constraints. ATTEST: • Mayor Michael L. Miller H.