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
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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,
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Council Minutes 9-7-04
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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.
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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.
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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.
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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.
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Council Minutes 9-7-04
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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:
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Mayor Michael L. Miller
H.