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04-01-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL April 1, 2008 Mayor Lane called to order the regular meeting of the West Covina City Council at 7:14 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Herfert ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez, Councilmembers Herfert, Sanderson, Touhey Others present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee, Wills, McNeill, Rush REPORTING OUT FROM CLOSED SESSION 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 agenda were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Labor Negotiators — Employee Organizations — W.C. Firefighters' Management Association; W.C. Police Management Association — City Council received briefing from City negotiators with no further action and nothing further to report. Public Employee Release - — City Council received briefing with no further action and nothing further to report. Threat to Public Services or Facilities — Consultation with West Covina Police Chief Wills — No further action taken and nothing further to report. CHANGES TO THE AGENDA None. PRESENTATIONS: Blue Star Video was aired. Mayor Lane presented Communications Director Clay Durbin with a Proclamation designating the week of April 6, 2008 as National Public Safety Telecommunicator Week. ANNOUNCEMENTS City Attorney Alvarez-Glasman reported on a decision from the California Court of Appeal on the matter between Alhassen Motors vs. City of West Covina. ORAL COMMUNICATIONS Forrest Wilkins Forrest Wilkins, West Covina resident, expressed his views on the proposed ordinance prohibiting the possession of weapons at City Hall and City -owned property. City Council Minutes of April 1, 2008 Joanne Wilner Joanne Wilner, West Covina resident, addressed the Blue Star street banner program and cost of installation; opposed cost of "Walk of Fame" stating monies could be put to better use; spoke in opposition of the formation of a public arts commission; and addressed fees for the use of the gym at the community center. Elsie Messman Elsie Messman, West Covina resident, spoke in opposition to funding City of West Covina Walk of Fame and addressed fiscal issues. Bill Schafer Bill Schafer, West Covina resident, addressed concerns of the proposed ordinance prohibiting possession of weapons at city hall. Fred Sykes Fred Sykes, West Covina resident, thanked Environmental Management staff for the recent graffiti cleanup and Public Works staff for their prompt response to a problem in the community; and addressed budgetary concerns within the City. Dana Sykes Dana Sykes, West Covina resident, spoke in opposition to several items on the agenda which requires expenditure of funds in light of the budget issues. Shirley Buchanan Shirley Buchanan, West Covina resident, addressed the sex offender ordinance enacted in Long Beach requesting our City review the ordinance for implementation in West Covina; addressed the special meeting held at Big League Dreams on March 20 and associated costs. Irene Fleck Irene Fleck, West Covina resident, promoted upcoming events at the Library. Council discussion Councilmembers addressed issues brought forward by residents and requested the City Manager to address several of their concerns. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Councilmember Steve Herfert C-1 Formation of Public Arts Commission Formation of Public Arts Comm. Councilmember Herfert provided a brief background of the original intent in establishing a Public Arts Commission and that funding would be through an assessment of the development community. Planning Director McIsaac presented a brief report which outlined the proposed ordinance which would establish the commission with seven members, five appointed by council and two members being Planning Commissioners. The proposed ordinance further outlined qualifications and responsibilities of the commission. Mr. Mclsaac's report also requested direction on stipend amount, funding and commission oversight. Ordinance introduced Assistant City Clerk Rush presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 (ADMINISTRATION) AND CHAPTER 17 (PLANNING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ARTS COMMISSION 2 City Council Minutes of April 1, 2008 Motion Motion by Herfert and seconded by Touhey to waive further reading of the ordinance and introduce and also do the following: 1. Allow the Planning Commission to select the two planning commissioners that will sit on the commission, 2. Allow the commission oversight to include visual and performing arts, not just the Art In Public Places Program (AIPP), 3. Set the stipend to equal other City commissions, currently $100 per month, 4. Set the source of the Public Arts Commission funding from the AIPP fund, and 5. Not pay any commission stipend until the AIPP fund has a positive balance. Councilmember Herfert also clarified that the requirement for appointees to possess knowledge or experience in the arts is recommended but not a requirement. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None Councilmember Steve Herfert C-2 City of West Covina Walk of Fame Walk of Fame Councilmember Herfert presented an overview of the proposed Walk of Fame at Big League Dreams Sportsplex which would honor/recognize residents highlighting the process of nominating individuals through a committee. Herfert proposed a $6,000 appropriation from the Redevelopment Fund Balance. Motion Motion by Herfert and seconded by Touhey to adopt the "West Covina Walk of Fame" guidelines, authorize the formation of a seven person Walk of Fame committee and appropriate $6,000 from the Redevelopment Fund for the installation of the Walk of Fame honoree plaques at Big League Dreams. Mayor Pro Tern Hernandez supported the concept but voiced concern as to whether spending the funds was the right thing to do at this time. Substitute motion Substitute motion by Hernandez to make the "Walk of Fame" a collaborate effort with Big League Dreams, request funding from Big League Dreams and invite sponsors to support to program Councilmember Herfert stated the program should be started with Redevelopment Funds first prior to seeking sponsors. Councilmember Sanderson requested to amend the original motion to include seeking sponsors once the program is off the ground. Amendment accepted by Councilmember Herfert. Mayor Lane called for second on substitute motion. Substitute motion died due to a lack of second. Action Original motion carried 4-1 (Hernandez — no) 9 City Council Minutes of April 1, 2008 CONSENT CALENDAR D-I City Council Meeting Minutes (receive & file) • Regular Meeting of November 20, 2007 • Regular Meeting of December 4, 2007 D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Community Services 02/12/08 b) Senior Citizens 02/28/08 c) Planning Commission 03/25/08 D-3 Claims Against the City (deny & notify claimants) Claims Government Tort Claims Denial • Leticia Baez vs. City of West Covina • Javier Ramirez vs. City of West Covina • Randal Ruiz vs. City of West Covina Award of Bid Award of Bid for Bus Shelter Powder Coating/ D-4a Refurbishing — Project No. SP-08103 Bus Shelter Refurbishing Recommendation is that the City Council take the following action: I. Accept the bid of Green Giant Landscape, Inc. in the amount of $181,140 as submitted at the bid opening on March 17, 2008, and authorize the Public Works Director/City Engineer to execute an agreement with Green Giant Landscape of Corona, California, for the work to be done. 2. Appropriate $30,000 from Proposition "A" funds to Project No. SP-08103 Award of Bid for the Purchase and Installation of Trash D-4b Receptacles at Bus Shelters — Project No. SP-08102 Trash Receptacles — Bus Shelters Recommendation is that the City Council accept the quote from Highland Products Group in the amount of $120,317.75 for the purchase and installation, including tax, shipping and handling, of 140 trash receptacles at bus shelters at some shuttle bus stops. D-5 City Treasurer's Report (receive & file) Treasurer's Report Report for the Month of February 2008 Miscellaneous — Public Works Department Morganfield Avenue Speed Limit Reverts Back to 25 Miles D-6a Per Hour Speed Limit — Morganfield Ave. Recommendation is that the City Council introduce the following ordinance deleting Morganfield Avenue from Section 22-131 of the Municipal Code: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22.131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS Determination of Public Convenience and Necessity for Amendment to the Coastal Sage and Scrub Community Facilities District ("CSS District") to Allow for Funding of Ongoing Maintenance Costs for Additional Public D-6b Infrastructure Facilities and Services Within the District CSS Funding Recommendation is that the City Council adopt the following resolution: 0 City Council Minutes of April 1, 2008 Reso No. 2008-16 RESOLUTION NO. 2008-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING IT DETERMINATION THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE AN EXTENSION OF THE AUTHORIZED FACILITIES AND SERVICES FINANCED BY THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Lane to waive further reading of the ordinances/resolution and introduce/adopt, and approve all items. Motion carried 5 — 0 by the following Roll Call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None COMMUNITY DEVELOPMENT COMMISSION Mayor Pro Tem Lane recessed the City Council meeting at 8:39 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 8:40 p.m. with all members present. DEPARTMENTAL MATTERS Consideration of an Ordinance Which Would Prohibit the Possession of Weapons at City Hall and on Adjacent G-1 City -Owned and Operated Property Weapons at City Facilities Police Chief Wills presented a staff report which outlined the proposed ordinance which, if enacted, would preclude individuals from possessing weapons at City Hall and adjacent property. Mayor Pro Tem Hernandez stated that the proposed ordinance appears to be discriminatory as current law exists prohibiting the carrying of weapons in government building, and would be prohibiting off -duty and retired peace officers from carrying weapons at City Hall. Police Chief Wills explained that as the proposed ordinance does narrow the current state law, it prohibits all weapons, some that are legal to carry but considered weapons, not just firearms, from being carried into City Hall. Motion Motion by Herfert and seconded by Sanderson to introduce the following ordinance: Assistant City Clerk presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 15-32 TO ARTICLE VIII OF CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF WEAPONS IN CITY HALL Motion carried 3-1-1 by the following Roll Call vote: AYES: Herfert, Sanderson, Lane NOES: Touhey ABSTAIN: Hernandez (due to ordinance duplicating state law and being discriminatory to off -duty or retired officers). 5 City Council Minutes of April 1, 2008 MAYOR'S/COUNCILMEMBERS REPORTS Councilmember Michael Touhey Consideration to Waive Cameron Community Center Gymnasium Fees for the West Covina Youth Basketball H-1 League Waive Gym Fees at Cameron Motion by Touhey and seconded by Herfert to offer available time to the league, but requiring the league to properly request time next year. Motion carried 4-1 (Hernandez — no). Councilmember Michael Touhey H-2 Blue Star Banner Program Blue Star Program Motion by Touhey and seconded by Herfert to give the residents the opportunity to place a Blue Star banner, at their own cost, on their own street. Motion carried 5-0. COUNCILMEMBER COMMENTS Mayor Lane requested to agendize the feasibility of a dog park. Mayor Pro Tem Hernandez addressed a statement in the Tribune by Councilmember Herfert and requested from Councilmember Herfert as to whether his printed opinion was misrepresented or in error regarding the alleged domestic dispute reported at the home of Mayor Pro Tem Hernandez. Councilmembers engaged in discussion on the subject matter. ADJOURNMENT Motion by Touhey and second by Herfert to adjourn the meeting at 9:10 p.m. in memory of Al Anneberg of Al -Sal Oil Company, Evelyn Morrin, Peter Atina, and Robert Ramon. Motion carried 5-0. Submitted by: Assistant City, terk Susan Rush Mayor Sherri Lane 3