04-15-2008 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 15, 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 Sanderson
ROLL CALL Mayor Lane, Mayor Pro Tem Hernandez,
Councilmembers Herfert, Sanderson, Touhey
Others present: Pasmant, Alvarez-Glasman, Fields, Freeland, Blair, Chung,
Durbin, Hoppe, McNeill, Yauchzee, Segalla, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present except Councilmembers
Sanderson and Touhey, and prior to convening into closed session,
all items on the City Council and CDC agendas 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 — Item was discussed with
no final action and nothing further to report.
Items on the CDC Agenda:
Conference with Real Property Negotiators — W&H, LLC
M&A Gabaee, LP, and K-Mart — Commissioners received briefing
with no final action and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced that typographical corrections
were made to Item No. D-5f which were available on the back
table.
PRESENTATIONS: Blue Star Video was aired.
Mayor Lane, assisted by Coach Ricky Roper, presented the
Nogales' High School Basketball Team with certificates of
recognition for winning the San Antonio League Championship
and becoming 2008 CIF Quarter Finalists.
Mayor Lane presented Susan Isago with a certificate of recognition
for attaining the title of 2008 Women of Distinction from
Congresswoman Solis. Carol Facciponti-Malcom was also
recognized but was unable to attend.
Mayor Lane announced that Arlene Payne and Beverly Williams
were both named as 571h Assembly District Women of the Year.
They were unable to attend tonight's meeting.
Mayor Lane presented certificates of recognition to the following
three women for having been recognized by the Woman's Club of
West Covina for their contributions to the community:
City Council Minutes of April 15, 2008
• Sandra Taylor, Citizen of the Year for outstanding service to the
Women's club,community and her family
• Zona Wilt, Woman of the Year for outstanding service to the
Women's Club
• Norma Marx, Kindness Angel — Outstanding service on Meals
on Wheels and YWCA -Wings
Assemblyman Dr. Ed Hernandez' Field Representative Jorge
Marquez also presented certificates to the three women for their
service to the community.
Mayor Lane presented Nancy Hippach, I" Vice President of the
Woman's Club with a proclamation designating April 24, 2008 as
General Federation of Women's Clubs Federation Day.
Mayor Lane presented Wilbert Koskela, past Exalted Ruler of the
West Covina Elks with a proclamation declaring the April 27
through May 3 as West Covina Elks Youth Week.
Mayor Lane presented Steve Samaniego, Environmental
Management Director, with a proclamation designating April 19,
2008 as Earth Day and a proclamation recognizing the Clean -Up
Saturdays program during April 19 through May 17.
Mayor Lane announced that the City of West Covina proclaims
April 24, 2008 as Armenian Remembrance Day, recognizing the
93'a ,Anniversary of the Armenian Genocide.
RECESS Mayor Lane called a recess of the City Council meeting at 7:40
p.m. The City Council reconvened at 7:53 p.m. with all members
present.
ANNOUNCEMENTS None.
ORAL COMMUNICATIONS
Shirley Buchanan Shirley Buchanan, West Covina resident, made several comments
regarding the proposed ordinance prohibiting weapons in City Hall
and objected to the ordinance for including retired and off -duty
officers.
Dana Sykes Dana Sykes, West Covina resident, also spoke in opposition of the
proposed ordinance.
Elsie Messman Elsie Messman, West Covina resident, also spoke in opposition to
the ordinance prohibiting retired and off -duty officers from
carrying weapons at City Hall.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed political flyers
that were circulated during the municipal election in November
2007.
Fred Sykes Fred Sykes, West Covina resident, expressed his concern with the
proposed ordinance; issues of safety; and retired officers not being
able to carry weapons at City Hall.
Aurora Valles Aurora Valles, West Covina resident, addressed reimbursement of
expenses to the City in regards to the litigation between the City
and Mr. Alhassen.
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City Council Minutes of April 15, 2008
Alfred Williams Alfred Williams, West Covina resident, expressed his opposition to
two recent items discussed by the Council; the approval of selling
alcohol at gas stations and not allowing retired/off-duty officers to
carry weapons at City Hall.
Joanne Wilner Joanne Wilner, West Covina resident, commented on the
following: item # D-5e — agrees with previous speakers' opposition
to weapons prohibition ordinance; D-5d — does not see the need for
commission to meet every month, therefore, she opposes stipends
for months that commission does not meet; and, D-5j — expressed
support for this item.
CONSENT CALENDAR Councilmember Touhey requested that items D-5e be removed for
a separate vote and D-5f be removed for separate consideration;
Councilmember Herfert requested item D-4a be removed for
separate consideration.
D-1 City Council Meeting Minutes (receive & file)
Minutes • Special Meeting of December 18, 2007
• Regular Meeting of December 18, 2007
• Special Meeting of January 15, 2008
• Regular Meeting of January 15, 2008
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Planning Commission 04/08/08
Ordinance for Adoption (waive reading & adopt)
D-3 Morganfield Avenue Speed Limit Reverting Back to 25-Miles Per
Ordinance No. 2176 ORDINANCE NO. 2176 — 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
Award of Bid
Award of Bid for Landscape Maintenance Contract for
D-4a Maintenance District Nos. 1, 2, and 4
Campesino Landscaping Contract Recommendation is that the City Council accept the proposal of
Campesino Landscape in the amount of $1,739,977.20 for a 5-year
contract, as submitted at the bid opening on March 27, 2008 and
authorize the Public Works Director/City Engineer to execute such
contract with Campesino Landscape of Corona, California, for
landscape maintenance of Maintenance Districts Nos. 1, 2 and 4.
Miscellaneous — City Clerk's Office
D-5a Destruction of Documents as Prescribed by Law
Document Destruction Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-19 RESOLUTION NO. 2008-19 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN
DOCUMENTS AS PRESCRIBED BY LAW
Miscellaneous — City Manager's Office
San Gabriel Valley Council of Governments Joint Powers
D-5b Amendment
SGVCOG Joint Powers Amendment Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-20 RESOLUTION NO. 2008-20 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
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City Council Minutes of April 15, 2008
APPROVING AND ADOPTING AMENDMENT ONE TO THE
THIRD AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT OF THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
Resolution in Opposition to Proposition 98 — California Property
D-5c Owners and Farmland Protection Act
Opposition to Prop 98 Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-21 RESOLUTION NO. 2008-21 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS OPPOSITION TO PROPOSITION 98 —
CALIFORNIA PROPERTY OWNERS AND FARMLAND
PROTECTION ACT
Miscellaneous — Planning Department
Formation of Public Arts Commission
D-5d Ordinance for Adoption — Stipend Resolution
Public Arts Commission Recommendation is that the City Council adopt the following
ordinance and resolution:
Ordinance No. 2174 ORDINANCE NO. 2174 — AN ORDINANCE OF THE CITY
Public Art Commission formation 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
Reso No. 2008-22 RESOLUTION NO. 2008-22 — A RESOLUTION OF THE CITY
Public Arts Commission stipend COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING A MONTHLY STIPEND FOR MEMBERS OF
THE PUBLIC ARTS COMMISSION
Miscellaneous — Police Department
Ordinance for Adoption — Ordinance Prohibiting the Possession of
and Limiting the Number of Individuals Who can Carry Weapons at
City Hall and Adiacent City Property
D-5e Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2175 ORDINANCE NO. 2175 — AN ORDINANCE OF THE CITY
Prohibiting Weapons at City Hall COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADDING SECTION 15-32 TO ARTICLE XIII OF CHAPTER 15
OF THE WEST COVINA MUNICIPAL CODE TO PROHIBIT
THE POSSESSION OF WEAPONS IN CITY HALL
Miscellaneous — Public Works Department
D-5f Landscape Maintenance District No. 4
MD No. 4 Engineers' Report Preliminary Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-23 RESOLUTION NO. 2008-23 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 3, 2008 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2008-2009 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
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City Council Minutes of April 15, 2008
and, Direct staff to proceed with a mailed ballot election for Fiscal
Year 2009-2010 to cover the cost of increasing maintenance
contracts, utilities, and needed CIP improvements.
D-5g Citywide Lighting and Maintenance District — Preliminary
Lighting MD Engineer's Report Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-24 RESOLUTION NO. 2008-24 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 17, 2008 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN
FISCAL YEAR 2008-2009 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES
WITHIN THE DISTRICT
West Covina Citywide Sewer Service Charge — Setting a Public
D-5h Hearing Date on Method of Collection and Fee Increase
Set Public Hearing — Sewer Fees Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-25 RESOLUTION NO. 2008-25 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENTION TO COLLECT THE ANNUAL
SEWER SERVICE CHARGE THROUGH THE COUNTY TAX
BILL AND SETTING A DATE OF JULY 1, 2008 FOR A
PUBLIC HEARING ON METHOD OF COLLECTION
Summary Vacation of Storm Drain Easement on Lot 4 of Tract No.
D-5i 22097 (3330 E. Holt Avenue and 3337 E. Virginia Avenue)
Vacation of Storm Drain Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-26 RESOLUTION NO. 2008-26 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUMMARILY VACATING AND ABANDONING A STORM
DRAIN EASEMENT THAT IS NO LONGER REQUIRED FOR
PUBLIC USE WITH THE CITY OF WEST COVINA AND AS
MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION
Consideration to Add to the Public Facilities and Services
Financed by the Coastal Sage and Scrub Community Facilities
D-5j District ("CSS District")
Coastal Sage & Scrub Facilities Due to the City Council's determination that public convenience
and necessity require an amendment to the facilities and services
financed by the CSS District, staff recommends that the City
Council adopt the following resolution declaring the City
Council's consideration of amending the CSS District to allow it to
fund additional facilities and services:
Reso No. 2008-27 RESOLUTION NO. 2008-27 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS CONSIDERATION TO ADD TO THE
PUBLIC FACILITIES AND SERVICES FINANCED BY THE
COASTAL SAGE AND SCRUB COMMUNITY FACILITIES
DISTRICT
CONSENT CALENDAR ACTION Motion by Sanderson and second by Touhey to waive further
reading of the ordinances/resolutions and adopt and approve all
items except D-4a, D-5e, and D-5L Motion carried 5 — 0 by the
following Roll Call vote:
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City Council Minutes of April 15, 2008
AYES: Herfert, Hernandez, Sanderson, Touhey, Lane
NOES: None
Item D-4a Award of Bid for Landscape Maintenance Contract for
Maintenance Districts Nos. 1, 2 and 4
Public Works Director Yauclizee presented a brief staff
report and provided a description of the location of the
Maintenance Districts. Following comments regarding the bid
process and increased cost, Councilmember Herfert made the
following motion.
Motion Motion by Herfert and seconded by Sanderson to approve staff
recommendation. Motion carried by 5 — 0 to approve
recommendation as submitted by staff.
Item D-517 Landscape Maintenance District No. 4 - Preliminary Approval of the
Engineer's Report —
Motion Motion by Touhey and seconded by Herfert to approve staff
recommendation.
Mayor Pro Tern requested staff report. Public Works
Director Yauchzee presented a brief staff report.
Motion carried 4-1 (Hernandez — no)
Item D-5e Ordinance for Adoption — Ordinance Prohibiting the Possession of
and Limiting the Number of Individuals Who can Carry Weapons
at City Hall and Adjacent City Property - Councilmember
Sanderson asked if security screens had been ordered. Police
Chief Wills stated that bids have been obtained but the screen have
not yet been ordered.
Motion Following comments by Council, motion by Sanderson and
seconded by Herfert to adopt the ordinance as proposed. Motion
carried 3 — 2 by the following Roll Call vote:
AYES: Herfert, Sanderson, Lane
NOES: Hernandez, Touhey
COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Sherri Lane
Request from Mayor Sherri Lane Seeking the City Council's
I-1 Consensus to Consider a Do¢ Park in West Covina
Dog Park Motion by Lane and seconded by Touhey to have staff prepare a
report to consider possible locations and associated costs for a dog
park in West Covina.
Councilmember Michael Touhey
Request from Councilmember Michael Touhey Seeking the
City Council's Consensus to Amend the Art in Public Places
I-2 Fee Structure
Art in Public Places Motion by Touhey and seconded by Sanderson to bring back a
report in which to provide the option for developers to pay "in
lieu" fees of their public art development fee to the Art in Public
Places fund at a discounted rate.
Motion carried 3-2 (Herfert, Hernandez — no)
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City Council Minutes of April 15, 2008
COUNCILMEMBER COMMENTS
Mayor Pro Tern Hernandez requested to agendize an analysis of
what other cities are doing and to look at options to curb noise
from party activity.
ADJOURNMENT Motion by Lane and second by Herfert to adjourn the meeting at
9:20 p.m. in memory of Rich Calvin Boyd. Motion carried by 5-0.
Mayor Sherri Lane
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