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03-18-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 18, 2008 Mayor Lane called to order the regular meeting of the West Covina City Council at 7:08 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Reverend Mary Hollifield West Covina United Methodist Church PLEDGE OF ALLEGIANCE Mayor Pro Tern Hernandez ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez, Councilmembers Sanderson, Touhey Absent: Councilmember Herfert Others present: Pasmant, Alvarez-Glasman, Fields, Freeland, Iseri, Mclsaac, Morgan, Yauchzee, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present except Councilmembers Herfert and Sanderson and prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. Items on the City Agenda: Public Employee Release - — No action taken. Threat to Public Services or Facilities — Consultation with West Covina Police Chief Wills — Council received a briefing with no further action and nothing further to report. CHANGES TO THE AGENDA Mayor Lane requested that Item H-3 be held over to the next meeting due to Councilmember Herfert's absence. Motion by Sanderson and second by Touhey to hold Item H-3 to the next meeting. Motion carried by 4 — 0. PRESENTATIONS Blue Star Video was aired. Rick Meza, Regional Manager for Southern California Edison presented Mayor Lane and Public Works Director Shannon Yauchzee a rebate check to the City from Edison, for implementing an energy conservation project replacing the 40-year old heating, cooling and ventilation system. Mayor Lane presented Heidi Gallegos, Boardmember of Rowland Unified School District with a Certificate of Recognition for being named 601h Assembly District Woman of the Year by Assemblyman Bob Huff. Mayor Lane, assisted by Travis Iseri, Senior Center Supervisor, presented Bruce Glaspy, the Senior Center Chef with a Certificate of Recognition recognizing him for his 7 years of service to the City. City Council Minutes of March 18, 2008 Mayor Lane, assisted by Lyndel Morgan, Community Services Manager, recognized the City staff for their work on the AB2404 Gender Equity Project. Mayor Lane presented resident Jim Waterhouse with a certificate of recognition for his volunteerism with the Community Enhancement Program to remove graffiti throughout the City. Resident Brian Melgar was also recognized but unable to be present. ANNOUNCEMENTS None. ORAL COMMUNICATIONS Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in opposition to an ordinance changing the day of a council meeting when the meeting date falls on an election day as the council already has the authority to change the day of a meeting. Fred Sykes Fred Sykes, West Covina resident, addressed several items on the agenda including the lateral police officer hiring incentive program, the formation of a Public Arts Commission and BLD Walk of Fame; suggested augmenting the current youth assistance program to assist more children; addressed areas needing sidewalks installed and spoke in support of holding quarterly council meetings in different parts of the city. Don Pascoe Don Pascoe, West Covina resident, spoke of the many qualities of Bruce Glaspy, retiring Senior Center Chef. Joanne Wilner Joanne Wilner, West Covina resident, addressed the proposed police and fire MOU's; Glendora Avenue downtown improvements; funding for Coastal Sage and Scrub Community Facilities District; formation of public arts commission; and suggested looking at the lack of emergency vehicles access to the upper deck of the parking structure. Rudy Lopez Rudy Lopez, on behalf of Police Association, thanked each councilmember for their support of public safety. Joseph Meyers Joseph Meyers, West Covina Police Officers Association Board member, thanked the city council for their support. Brian Gutierrez Brian Gutierrez, Nogales High School Student, nominated Mayor Pro Tem Hernandez to the Nogales High School Wall of Fame. Ferdy Chan Ferdy Chan, West Covina resident, commented on the Los Angeles Metropolitan Transportation Authority long-range transportation plan. CONSENT CALENDAR Councilmember Touhey requested that Item D-4c be pulled for separate consideration and Mayor Pro Tem Hernandez requested Items D-4c and D-3a also be pulled for separate consideration. D-1 City Council Meeting Minutes (receive & file) Council Minutes No reports for this meeting. D-2 Commission Summary of Actions (receive & file) Summary of Actions No reports for this meeting. 2 City Council Minutes of March 18, 2008 This item was removed from the consent calendar for separate consideration. Award of Bid Award of Bid for City Project SP-07119 — Glendora Avenue D-3a Downtown Improvements Glendora Downtown Improvements Recommendation is that the City Council take the following actions: 1. Accept the bid of Green Giant Landscape in the amount of $447,661.50 (Base Bid without Alternate "A") as submitted at the bid opening on March 5, 2008, and authorize the Public Works Director/City Engineer to execute an agreement with Green Giant Landscape of La Habra, California for the work to be done. 2. Appropriate $93,000 from the CDC reserve funds to SP-07119 Account No. 876.22.2254.6457. 3. Direct staff to conduct a survey for street name change of Glendora Avenue between Vincent Avenue and South Garvey Avenue to Old Town Center or Old Center Drive. Miscellaneous — Human Resources Department Transmission of Memorandum of Understanding and Implementing Resolution for the West Covina Police Officers' D-4a Association Police Officers Assoc. MOU Recommendation is to adopt the following resolution: Resolution No. 2008-12 RESOLUTION NO. 2008-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION; AND AMENDING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE POLICE OFFICERS' ASSOCIATION and Appropriate $729,680 from the General Fund reserve to various salary and benefit accounts in the Police Department budget. Transmission of Memorandum of Understanding and D-4b Implementing Resolution for the West Covina Firefighter's Firefighters Assoc. MOU Association I.A.F.F., and Local 3226 Recommendation is to adopt the following resolution: Resolution No. 2008-13 RESOLUTION NO. 2008-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F. AND LOCAL 3226; AND AMENDING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE FIREFIGHTERS' OFFICERS' ASSOCIATION AND LOCAL 3226 and Appropriate $289,543 from the General Fund reserve to various salary and benefit accounts in the Fire Department budget. This item was removed from the consent calendar for separate consideration. D-4c Suspension of Lateral Police Officer Hiring Incentive Program Police Officer Hiring Incentive Recommendation is that the City Council authorize suspension of the Lateral Police Officer Hiring Incentive Program. 3 City Council Minutes of March 18, 2008 Miscellaneous — Public Works Department Appropriate Funds for the Maintenance and Operation of the Coastal Sage and Scrub Community Facilities District — FY 2007- D-4d 2008 CSS Facilities District Funding Recommendation is that the City Council appropriate $55,000 for the maintenance and operation of the Coastal Sage and Scrub Community Facilities District from 183. CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey to waive further reading of the resolutions and adopt, and approve all items except Item D-3a Award of Bid for City Project SP-07119 — Glendora Avenue Downtown Improvements and Item D-4c Suspension of Lateral Police Officer Hiring Incentive Program. Motion carried by the following Roll Call vote: AYES: Hernandez, Sanderson, Touhey, Lane NOES: None ABSENT: Herfert Item D-3a Award of Bid for City Project SP-07119 — Glendora Avenue Downtown Improvements — Mayor Pro Tern Hernandez shared his concerns that the proposed improvements are only a band aid and stated that landscape improvements are good, but stated there is a great potential in revitalizing the downtown area that should be realized; and therefore would be abstaining. Following comments and further discussion by the Council, motion by Sanderson and seconded by Touhey to approve the recommendation by staff. Motion carried 3-0-1 by the following Roll Call vote: AYES: Sanderson, Touhey, Lane NOES: None ABSENT: Herfert ABSTAIN: Hernandez Item D-4e Suspension of Lateral Police Officer Hiring Incentive Program Councilmember Touhey stated he would not support the suspension of the hiring incentive program and made the following motion: Motion by Touhey and seconded by Sanderson to not approve suspending the Lateral Police Officer Hiring Incentive Program. Motion carried 4 — 0 by the following Roll Call vote: AYES: Sanderson, Touhey, Hernandez, Lane NOES: None ABSENT: Herfert RECESS Mayor Lane recessed the City Council meting at 8:11 p.m. and reconvened the meeting at 8:27 p.m. with all members present with the exception of Councilmember Herfert. PUBLIC HEARINGS Appeal Hearing Appeal of Variance No. 08-01 Appeal of Administrative Use Permit No. 08-02 Categorical Exemption Appellant: Rene Ortiz E-1 Location: 1388 E. Garvey Avenue South Appeal — 1388 E. Garvey Mayor Lane announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Lane then opened the hearing and Planning Director McIsaac presented the staff report with a slide presentation, which illustrated the proposed sign with readerboard. The proposed sign I! City Council Minutes of March 18, 2008 was denied by the Planning Commission as being too large for the small office building and the proximity to freeway signage. Public Testimony Mayor Lane opened the public testimony portion of the hearing and asked for public comments. In Favor Katie Pierce, Sign Methods, on behalf of the appellant stated that the larger elevated sign is necessary to allow for landscaping, will not be in view by neighbors and was designed to meet the architecture of the building. Opposed Herb Redholtz, West Covina resident and Vice Chair of the Planning Commission, opposed the appeal and stated that the proposed sign is too large for the size of the building and expressed concerns of setting a precedent if the variance was granted. Joanne Wilner, West Covina resident, opposed the project stating there was no need for a readerboard for a small office building. Lloyd Johnson, West Covina resident, opposed the sign stating the City does not need this type of sign for an office building. Rebuttal Ms. Pierce stated the sign will be designed aesthetically to match the building and that it will help bring business to the tenants. Closed testimony With no others wishing to speak on the matter, Mayor Lane closed the public testimony portion of the hearing. Council discussion Council spoke in concurrence that the variance is necessary in order for the sign to be visible and voiced their support of the appeal and to overturn the Planning Commissions decision. Assistant City Clerk Rush presented the following resolutions: Reso No. 2008-14 RESOLUTION NO. 2008-14 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO. 08-01 ON APPEAL OF PLANNING COMMISSION ACTION Reso No. 2008-15 RESOLUTION NO. 2008-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 08-02 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Touhey to overturn the Planning Commission decision and adopt the following resolutions. Seconded by Sanderson. Motion carried 4 — 0. DEPARTMENTAL MATTERS G-1 Formation of Public Arts Commission Public Arts Commission Formation Motion by Sanderson and second by Hernandez to hold this item over to the next meeting. Motion carried by 4 — 0. MAYOR'S/COUNCILMEMBERS REPORTS Mayor Pro Tem Hernandez H-1 Initiation of an Ordinance to Change the Day a City Council Council Meetings on Election Day Meeting is Held When it Lands on an Election Day Mayor Pro Tern Hernandez stated reasons for moving the City Council meeting to an alternate day when the meeting falls on a 5 City Council Minutes of March 18, 2008 day when an election is held as meetings held on election night are often poorly attended. Motion by Hernandez and second by Touhey to initiate an ordinance to change the day a city council meeting is held when it falls on an election day. Motion failed by 2 — 2 (Lane and Sanderson - No) H-2 Mayor Pro Tem Hernandez Public Safety Facilities Update on the Public Safety Facilities Needs Study Assistant to the City Manager Freeland presented a brief report on the status of the Public Safety Facilities Needs study. Motion by Hernandez and second by Sanderson to receive and file this report. Motion carried by 4 — 0. Councilmember Steve Herfert H-3 City of West Covina Walk of Fame Walk of Fame Motion to hold this item over to the next meeting was made at the beginning of the meeting. COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Request from Mayor Pro Tem Roger Hernandez Seeking the City Council's Consensus to Reinstate Holding Quarterly City I-1 Council Meetings in Different Parks of the City Quarterly Council Meetings Mayor Pro Tem Hernandez proposed to reinstate a program in which quarterly meetings of the council were held at various locations in the city. Fellow councilmembers expressed concerns with meeting ADA requirements at other facilities and safety issues. Motion by Hernandez to reinstate quarterly meetings in different parts of the City. Motion failed due to lack of a second. Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Consider West Covina Youth Basketball's Request to Waive Fees for Use of Cameron I-2 Community Center Waiver of Fees Councilmember Touhey stated he would support the request of the West Covina Youth Basketball League for a fee waiver as the league is a non-profit organization and as long as other programs were not relocated or disrupted. Mayor Pro Tem Hernandez stated the fee waiver would not be fair to other leagues that pay. Councilmember Sanderson stated she would be interested in a study on how to assist the leagues with costs. Motion by Sanderson and second by Touhey to bring back a report addressing fee waivers for youth sport leagues. Motion carried by 3 — I (Hernandez — No). Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Allow Blue Star Banners to be I-3 Placed Near Family Member Homes at their Cost Blue Star Banners Placement Motion by Touhey and second by Hernandez to bring to the next meeting a report to allow families to place a Blue Star banner near their home. Motion carried by 4 — 0. City Council Minutes of March 18, 2008 COUNCILMEMBER COMMENTS Councilmember Sanderson requested to agendize that all misdemeanors be kept within the City's jurisdiction instead of the court system in order for the City to capture any funds. Councilmember Touhey requested to agendize the hiring of an audit firm to assist with recouping any fees being held by other agencies. ADJOURNMENT Motion by Hernandez and second by Touhey to adjourn the meeting at 9:15 p.m. Motion carried by 4 — 0. Submitted by: nt_Cii Clerk Susan Rush � � /� Mayor Sherri Lane o 0 7