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02-05-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 5, 2008 Mayor Lane called to order the regular meeting of the West Covina City Council at 7:09 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE Councilmember Sanderson ROLL CALL Mayor Lane, Mayor Pro Tem Hernandez, Councilmembers Herfect, Sanderson, Touhey Others present: Pasmant, Alvarez-Glasman, Bachman, Chung, Durbin, Hoppe, Freeland, McIsaac, Wills, Yauchzee, Rush REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS ANNOUNCEMENTS ORAL COMMUNICATIONS City Attorney Alvarez-Glasman reported the following: All members were present except Councilmember Sanderson and prior to convening into closed session, all items on the City Council were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Labor Negotiators — Employee Organizations: W.C. Firefighters' Association, I.A.FF, Local 3226; W.C. Firefighters' Management Association; W.C. Police Officers' Association; W.C. Police Management Association; Miscellaneous Unrepresented Management Employees, including Fire Chief, Police Chief— Council received briefing; direction was provided to City negotiators with no final action and nothing further to report. None. Blue Star Video was aired. Mayor Lane and City Manager Pasmant presented Fire Chief Paul Segalla with his badge. Fire Chief Segalla's family joined him with his son pinning the badge on the Fire Chief. None. John Nixon John Nixon, President of Mount San Antonio College, provided a brief update of Mt. SAC's successes and relationship with West Covina. Jason Convento Jason Convento, West Covina resident, stated his support for the proposed project at Azusa and Giambi Way and hoped the City would choose a company with a proven track record. Maria Gutierrez Maria Gutierrez, West Covina resident, hoped Council will make a business decision when considering proposed allocation towards anti -graffiti enhancements. City Council Minutes of February 5, 2008 Fredrick Sykes Fredrick Sykes, West Covina resident, stated his concerns and dissatisfaction with Councilmembers and perceived relationship with developers and contractors; spoke in opposition to council's consideration of selling alcohol at service stations and shared concerns with current graffiti contractor. Noel Flameno Noel Flameno, West Covina resident, spoke in support of proposed development at Azusa Avenue and Giambi Way notably, the addition of a gas station in that area. Juan Reynosa Juan Reynosa, West Covina resident, requested to know what items are outside the scope of the graffiti abatement contract to warrant the appropriation of additional funds. Herb Redholtz Herb Redholtz, West Covina resident, spoke in support of ordinance banning the selling of puppy mill bred dogs in West Covina; voiced his support for the Planning Commission to continue reviewing art projects; addressed the success of Big League Dreams. Dave Stewart Dave Stewart, West Covina resident, supported leaving the Art in Public Places oversight with the Planning Commission. Lloyd Johnson Lloyd Johnson, West Covina resident, supported proposed ordinance, which bans the selling of dogs bred at puppy mills. Pete Davis Pete Davis, West Covina resident, spoke in support of the Exclusive Negotiating Agreement with the McIntyre Group for proposed development at Azusa and Giambi Lane. Joanne Wilner Joanne Wilner,, West Covina resident, supported the oversight for the Art in Public Places to remain with the Planning Commission; opposed the proposed selling of alcohol at gas stations; opposed the proposed development of an additional gas station; suggested the addition of a restaurant in place of gas station; addressed graffiti concerns. Alfred Williams Alfred Williams, West Covina resident, voiced opposition to additional gas station being proposed at Azusa and Giambi Way; addressed graffiti abatement contract. Gary Lawson Gary Lawson, Executive Director of West Covina Chamber of Commerce, urged council to consider a study of a code amendment allowing alcohol at gas stations, advocating for business development and fair business competition. Irene Fleck Irene Fleck, West Covina resident, announced new programs at the Library. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS I-1 Graffiti Abatement Contract Review Graffiti Abatement Environmental Management Director Samaniego presented the staff report which requested the city keep the current contractor and appropriate an additional $25,000 for anti -graffiti programs that are outside the scope of the contract. Motion Motion by Herfert to support staff proposal and approve alternative 2 of the staff report to keep the current contractor and appropriate $25,000 for enhancement of the City's ant -graffiti programs (outside the scope of the graffiti contract). N City Council Minutes of February 5, 2008 Mayor Pro Hernandez did not support the motion and suggested the city prepare a request for proposals for a new contract due to the current contractor not meeting the terms of the contract. Amendment to Motion Councilmember Touhey offered to second the motion with an amendment to store matching paint at storage units in the parks for easy access. Councilmember Sanderson supported the motion on the floor. Sanderson also requested staff look at option of the city handling graffiti misdemeanors rather than the court system in an effort to recoup costs. Action Motion carried 4 — 1 (Hernandez No). CONSENT CALENDAR Councilmember Herfert requested Item D-6b be pulled for separate consideration. D-1 City Council Meeting Minutes (receive & file) Minutes • Special Meeting of September 4, 2007 • Special Meeting of September 18, 2007 + Regular Meeting of September 18, 2007 • Special Meeting of October 2, 2007 • Regular Meeting of October 2, 2007 • Regular Meeting of November 6, 2007 D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Community Services 11/13/07 b) Human Resources 11/14/07 c) Planning 01/22/08 d) Senior Commission 11/08/07 Ordinance for Adoption D-3 Ordinance for Adoption — Change of Speed Limit on Citrus Avenue Speed Limit— Citrus Avenue Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2168 ORDINANCE NO. 2168 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS Award of Bid D-4a Award of Bid — Bus Transit Surveillance System Bus Surveillance System Recommendation is that the City Council accept the bid of Seon Design, Inc. in an amount not to exceed $55,000 for the purchase and installation of a transit surveillance system. D-5 Treasurer's Report City Treasurer's Report (receive & file) Report for the Month of December 2007 Miscellaneous — Environmental Management May 17, 2008 Los Angeles County Household Hazardous Waste D-6a and Electronic Waste Round -Up in West Covina Hazardous Waste Round -Up Recommendation is that the City Council authorize staff to host the Los Angeles County Household Hazardous and Electronic Waste Round -Up on May 17, 2008, here in West Covina. 3 City Council Minutes of February 5, 2008 Miscellaneous — Finance Department D-6b 2007-2008 Fiscal Year Mid -Year Budget Update 2007-08 Budget Update Recommendation is that the City Council: 1. Receive and file the budget update report. 2. Appropriate the additional appropriations and transfer of appropriations as listed in "Section 2. Additional Appropriation/Transfer Requests" of the report. Miscellaneous — Human Resources D-6c Approval of Revised Class Specification for Police Officer Police Officer Class Specs Recommendation is that the City Council approve the revised class specification for Police Officer by adopting the following resolution: Reso No. 2008-3 RESOLUTION NO. 2008-3 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING THE CLASS SPECIFICATION FOR POLICE OFFICER Miscellaneous — Public Works Department Cooperative Agreement with the County of Los Angeles Department of Public Works to Formalize Maintenance Responsibilities of Intersections that are Part of the Traffic Signal D-6d Synchronization Program Projects County Agreement - Traffic Signals Recommendation is that the City Council authorize the Public Works Director/City Engineer to execute a cooperative agreement with the County of Los Angeles Department of Public Works to formalize maintenance responsibilities of intersections that are part of the Traffic Signal Synchronization Program. Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of D-6e Engineer's Reports Ltg/MD Nos 4, 6, and 7 Recommendation is that the City County adopt the following resolutions: Reso No. 2008-4 RESOLUTION NO. 2008-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING Reso No. 2008-5 RESOLUTION NO. 2008-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2008-2009 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 — 2008-2009) Reso No. 2008-6 RESOLUTION NO. 2008-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO n City Council Minutes of February 5, 2008 PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2008-2009 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 2008-2009) Reso No. 2008-7 RESOLUTION NO. 2008-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2008-2009 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 — 2008-2009) CONSENT CALENDAR ACTION Motion by Sanderson and Herfert to waive further reading of the resolutions/ordinance and adopt and approve all items except Item No. D-6b 2007-2008 Fiscal Year Mid -Year Budget Update. Motion carried by the following Roll Call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None Item D-6b 2007-2008 Fiscal Year Mid -Year Budget Update Finance Director Bachman presented a brief staff report. Following discussion and comments by the Council, motion by Sanderson and seconded by Touhey to approve the recommendation by staff. Motion carried 5-0. PUBLIC HEARINGS Public Hearing Amendments to the FY 2007-2008 Community Development E-1 Block Grant Program (CDBG) Action Plan CDBG 2007-08 Action Plan Mayor Lane announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Lane opened the hearing. Community Services Management Analyst McDonald presented the staff report. McDonald stated that at the December 18, 2007 meeting, City Council approved the construction of a handicap ramp with the Shadow Oak Park expansion with CDBG funds. HUD has approved the expenditure of CDBG funds requiring the action plan to be amended. Public Testimonv Mayor Lane opened the public testimony portion of the hearing and asked for public comment. Closed Testimonv With no speakers wishing to address the Council, Mayor Lane closed the public testimony portion of the hearing. Motion Motion by Touhey and seconded by Herfert to approve the proposed amendment to the FY 2007-2008 CDBG Action Plan to include $150,000 for the construction of a ramp at Shadow Oak Park for handicap accessibility. Motion carried 5 — 0. Public Hearing Development of Draft FY 2008-2009 Community Development E-2 Block Grant Program (CDBG) Action Plan CDBG Action Plan 2008-2009 Mayor Lane announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Lane proceeded to open the hearing. Management Analyst 5 City Council Minutes of February 5, 2008 McDonald presented a report which requested the City Council's direction to develop a draft FY 2008-09 Action Plan incorporating the recommendation of the Community Services and Senior Citizens Commissions. Public Testimonv Mayor Lane opened the public testimony portion of the hearing and asked for public comment. Closed Testimonv With no speakers wishing to address the Council, Mayor Lane closed the public testimony portion of the hearing. Motion Motion by Touhey and seconded by Sanderson to approve staff s recommendation to develop a draft FY 2008-2009 CDBG Action Plan, which incorporates the recommendations of the Community Services Commission and Senior Citizens Commissions as follows: A. Develop the FY 2008-2009 CDBG Action Plan to be consistent with the Housing and Community Development Needs, Priorities, and Proposed Activities of the City's approved FY 2005-2010 CDBG Consolidated Plan. B. Include the following in the FY 2008-2009 CDBG Action Plan: 1. Continue to allocate CDBG funds to the City's Housing Improvement Program. 2. Fund activities that will contribute to increasing the homeownership rates of minority group householders. 3. Continue to fund public services up to the 15% cap. 4. Allocate CDBG public services funds to address the support services of special needs populations such as the elderly, frail elderly, and persons with disabilities. 5. Fund fair housing activities from program administration instead of public service funds. 6. Continue to fund Capital Projects based on the Public Works Department's 5-Year CDBG Capital Improvements Program. Motion carried 5 — 0. COMMUNITY DEVELOPMENT COMMISSION Mayor Lane recessed the City Council meeting at 8:57 p.m. to convene the Community Development Commission. The City Council reconvened at 9:55 with all members present. MAYOR'S/COUNCILMEMBERS REPORTS Councilmember Steve Herfert H-1 Formation of Public Arts Commission Public Arts Commission Motion by Herfert and seconded by Touhey to form the Public Arts Commission with two members of the Planning Commission, chair and vice -chair; five members of the public who have an art or artist component in their background; fund the commission out of the Art in Public Places fund; and bring the structure of funding back for further approval. Motion carried 5- 0. Councilmember Michael Touhey Ban on Selling Dogs at West Covina Pet Stores that are Bred at H-2 Puppy Mills Puppy Mills Dogs Ban Motion by Touhey to waive further reading of the ordinance and introduce the following ordinance. Motion seconded by Sanderson with the caveat that letter would be sent to surrounding cities in the hope they would follow suit. Touhey accepted the amendment. City Council Minutes of February 5, 2008 Assistant City Clerk Rush presented the following ordinance: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING PERMIT REQUIREMENTS FOR ALL PET STORES IN THE CITY IN ORDER TO ENFORCE THE FEDERAL ANIMAL WELFARE ACT AND THE CALIFORNIA PET PROTECTION ACT Motion carried 5-0. Councilmember Steve Herfert Establish a Sister -City Relationship with the City of Wuhu, H-3 China Sister City Wuhu, China Motion by Herfert and seconded by Touhey to establish a friendship relation with the City of Wuhu, China.' Motion carried 5-0. Mayor Pro Tern Roger Hernandez Re -Establish Sister -City Relationships with the City of Toluca, H-4 Mexico Sister City Toluca Mexico Due to the City of Toluca establishing a sister city relationship with Fort Worth, Texas, Mayor Pro Tern Hernandez requested that a sub -committee be formed to seek the establishment of another City in Mexico for the purpose of a sister city. Motion Motion by Hernandez and seconded by Touhey to form a sub- committee to seek the establishment of a sister city with a community in Mexico to replace the inactive relationship with Toluca, Mexico. Motion carried 5 — 0. AB1234 Conference and Meeting Report Conference & Meeting Report Councilmember Touhey gave a verbal report on his attendance at the California Contract Cities and Independent Cities Association legislative briefings in Sacramento. Mayor Pro Tern Hernandez gave a verbal report on his attendance at the League of California Cities to hear legislative forecasts. COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Councilmember Michael Touhey Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Consider the Initiation of a Code Amendment to Allow the Sale of Alcoholic Beverages in I-1 Conjunction with Gasoline Sale of Alcohol at Gas Stations Motion by Touhey and seconded by Sanderson to bring this item to the next meeting consider the initiation of a code amendment to allow beer and wine sales at gas stations. Motion carried 4 —1 (Hernandez - No). COUNCILMEMBER COMMENTS Councilmember Herfert requested a report at the next meeting on the 1.5%budget cuts staff has made. VA City Council Minutes of February 5, 2008 ADJOURNMENT Motion by Touhey and seconded by Lane to adjourn the meeting at 10:10 p.m. in memory of Herb Rosner, long time resident; John Lindow, long time resident; Mrs. Scedell, resident; Penny Schaefer, long time resident and senior citizen participant; and Robert Jacob Saragosa, 13 year -old youth. Motion carried 5 — 0. Submitted by: "Citv" ssiSusan Rush L Mayor Sherri Lane K