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11-04-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL November 4, 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 Tern Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present and prior to convening into closed session, all items on the City Council agenda and Community Development Commission (CDC) agenda were announced for inclusion in the closed session discussion. Items on the City Council Agenda: Conference with Legal Counsel — Anticipated Litigation — One potential case. Direction was provided to pursue mediation with all members in consent with the exception of Mayor Pro Tem Hernandez. (Hernandez — No). Conference with Labor Negotiators — City Negotiator: Pasmant, Alvarez-Glasman — Unrepresented employees: Police Chief, Fire Chief — Council received a briefing but no final action taken and nothing further to report. Public Employee Appointment — Title: Deputy City Manager- Direction provided with no final action and nothing further to report. Public Employee Performance Evaluation — City Manager — Held over to future date. Items on the CDC Agenda: Conference with Real Property Negotiators - Property: 1321 W. Farlington St., 2708 E. Valley View Ave., 903 W. Crumley St., 2660 Greenborough Pl., 1703 E. Shamwood St., 944 W. Blue Ash Rd., 2048 E. Walnut Creek Pkwy., 112 N. Toland Ave., 1724 E. Almanac Dr., 2302 W. Willow Ln., 2660 Hillsborough Pl., 148 N. Morada Ave., 2049 Mesita Ave., 1308 Peppertree Cir., 1621 W. Swanee Ln., 2410 W. Macdevitt St., 19210 La Puente. Rd., 1213 S. Valinda Ave., 928 S. Craig Dr., 1513 Wailea St. — Not discussed and held over to a future meeting. Conference with Real Property — AAA Pad located northeast corner of Azusa and Giambi Lane — Commissioner Touhey recused himself due to a conflict regarding property close to the location. Direction was provided to the Agency to return with an Exclusive Negotiating Agreement consistent with the terms expressed in closed session. CHANGES TO THE AGENDA City Attorney Alvarez-Glasman stated that Agenda Item E-1 and Item G-1, items pertaining to Overnight Parking Program, will be brought forward after the Presentations portion of the agenda and all comments would be heard together. City Council Minutes of November 4, 2008 PRESENTATIONS Mayor Lane called forward Christine Ramirez to present a Certificate of Recognition to the members of Extreme Dance FX for their participation in "America's Got Talent." Mayor Lane called forward William Bertrand,, Vine Elementary Principal to accept a Certificate of Recognition for receiving an outstanding school award. Mayor Lane called forward Dr. Denise Patton, San Jose Edison School Principal, to accept a Certificate of Recognition for receiving a California Distinguished School award. Items E-1 and G-1 Mayor Lane announced that Public Hearing Item E-1 and Item G-1 would be brought forward and considered together. Oral communications on these two items would also be heard at this time. Public Hearing E-1 Fees and Charges (Overnight Parking Permit Fee) Parking Permit Fee To be considered in conjunction with the following report. G-1 Ordinance for Adoption Parking Restriction Ordinance Ordinance Amending the West Covina Municipal Code Relating to Overnight Parking Mayor Lane announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Lane proceeded to open the hearing. Public Works Director Shannon Yauchzee gave a report on both the proposed overnight parking ordinance and the associated fees. In addition, he presented a PowerPoint presentation outlining the benefits that overnight parking restrictions would provide to the City and neighborhoods. Police Chief Wills presented the perspective of the Police Department and public safety benefits which included less auto theft and burglary. Councilmember Touhey inquired as to whether there would be flexibility or exemptions for unique situations such as when the depth of a driveway is not deep enough to park cars or the garage faces an alley and has no driveway. Yauchzee stated the ordinance was written allowing the Public Works Director and Police Chief to implement details through administrative policies. Open TestimonX Mayor Lane proceeded to open the public testimony portion of the hearing and asked for public comment. In Favor The following residents spoke in support or were neutral. Several reasons for support included: Improved emergency response time without cars blocking street numbers on curbs; eliminate abandoned cars; help in the elimination of crime, car burglaries and auto thefts; help reduce the number of garage conversions by cars utilizing their garages. • Colleen Moore, West Covina resident, support • Jerry Graham, West Covina resident, support • Pete Davis, West Covina resident, support, but not if it will cost the resident during these difficult economic times. • Birdie Azpetia, West Covina resident, support • Ed Scheidler, West Covina resident, support 14 City Council Minutes of November 4, 2008 • Mike Miller, West Covina resident, neutral, provided alternatives such as no parking on street sweeping day and stated City needs to address illegal garage conversions • David Casper, West Covina resident, support • Scott Fahey, representing West Covina Police Officers' Assoc., support • Frank Ferrero, West Covina resident, support • Sharon Leonard, West Covina resident, support • Patricia Stevens, West Covina resident, support • Susan Rogers, West Covina resident, neutral, inquired as to whether there would be limits on number of permits per house • Lloyd Johnson, West Covina resident, support • Cookie Nance, West Covina resident, support • Bruce Leinbach, West Covina resident, neutral, addressed several issues within West Covina • Edwin Molina, West Covina resident, support • Glenn Kennedy, West Covina resident, support • Jeff Aligam, West Covina resident, support Opposed The following West Covina residents spoke in opposition to the overnight parking restrictions citing that there is not enough off street parking for apartments and complexes; tough economic time for permit fees; ordinance is invasive to personal property; and is not the answer in eliminating illegal garage conversions. Residents in opposition stated that the issues of those in support [illegal garage conversion and abandoned cars] are issues due to lack of code enforcement and a few residents felt the issue should be voted on by the residents. Several residents stated that there was not enough proper notice for tonight's meeting. • Joanne Wilner, West Covina resident, opposed • Dana Sykes, West Covina resident, opposed • Jeffrey Howell, West Covina resident, opposed • Robert Blades, West Covina resident, opposed • Gail Owens, West Covina resident, opposed • Robert Agee, West Covina resident, opposed • Angie Herrera, West Covina, opposed • Joseph Espedal, West Covina resident, opposed • Norma Ingram, West Covina resident, opposed • Jose Gutierrez, West Covina resident, opposed • Oscar Morales, West Covina resident, opposed • James Fowler, West Covina resident, opposed • Lourdes Fowler, West Covina resident, opposed Councilmember Sanderson left the meeting at 8:50 p.m. Councilmember Herfert left the dais at 8:51 p.m. RECESS Mayor Lane recessed the City Council meeting at 8:52 p.m. The City Council meeting reconvened at 9:04 p.m. with all members present with the exception of Councilmember Sanderson who had left the meeting for the evening. Oral communications continued with the following speaking in opposition. • Phillip Moreno, West Covina resident, opposed • George Ware, West Covina resident; opposed • Jose Victoria, West Covina resident, opposed • Robert Chavez, West Covina resident, opposed 3 City,Council Minutes of November 4, 2008 • Jim Moroson, West Covina resident, opposed • Sharon Jaime, West Covina resident, opposed • Hal Heydenfeldt, West Covina resident, opposed • Michael Iweshita, West Covina resident, opposed • Rebecca Altamirano, West Covina resident, opposed • Frank Skislock, West Covina resident, opposed • Mark Koch, West Covina resident, opposed • Raphael Martinez, West Covina resident, opposed • Jefferson DeRoux, West Covina resident, opposed • Robert Steele, West Covina resident, opposed • William Elliott, West Covina resident, opposed Due to the late hour, Mayor Pro Tern Hernandez stated it was clear that the residents were opposed to the ordinance and the fees, and proposed to make a motion to cease the public hearing and vote down the ordinance adoption relating to overnight parking and related fees. Councilmember Touhey stated the matter is a public hearing and that all residents who wished to speak on the matter should be given an opportunity to do so. The City Attorney stated that the Council had the authority to stop the public hearing and entertain the motion proposed by Mayor Pro Tern Hernandez. Following a poll of the remaining individuals who filled out speaker cards, Mayor Lane proceeded with the public hearing and oral communications continued with the following speaking in opposition. Dan Fuentes, West Covina resident, opposed Jim Grivich; West Covina resident, opposed Richard Mares, West Covina resident, opposed Richard Pandy, West Covina resident, opposed George Lozynsky, West Covina resident, opposed Brad McFadden, West Covina resident, opposed Gregory McFadden, West Covina resident, opposed Peter Garra, West Covina resident, opposed Ann Olivera, West Covina resident, opposed Fred Sykes, West Covina resident, opposed Jerry McElvain, West Covina resident City Attorney Alvarez-Glasman reported that the City Clerk and city staff received written communications that will be entered into the record showing 9 in opposition, 4 neutral, and 8 in favor. Motion Mayor Pro Tern Hernandez reiterated his motion to disapprove Item E-1, resolution setting fees, and G-1, ordinance relating to overnight parking restrictions. Councilmember Herfert stated the purpose of the proposed ordinance was to reduce crime and had previously been reviewed by the traffic committee and police department. After hearing input from the residents Councilmember Herfert stated he would not move forward. Councilmember Touhey and Mayor Lane also stated they would not support moving forward with the overnight parking restrictions. The following actions were taken. M City Council Minutes of November 4, 2008 G-1 Motion by Hernandez and seconded by Herfert to deny the ordinance related to overnight parking ORDINANCE NO. 2182 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-175 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OVERNIGHT PARKING RESTRICTIONS IN LIMITED AREAS Ordinance failed by a vote of 0-4. E-1 RESOLUTION NO. 2008-69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING CERTAIN FEES (OVERNIGHT PARKING PERMIT FEE) Resolution failed by a vote of 0-4. CONSENT CALENDAR D-1 City Council Meeting Minutes (receive & file) Minutes • Regular Meeting of June 17, 2008 Commission Summary of Actions (receive & file) D-2a • Human Resources 09/10/08 Summary of Actions • Planning 10/14/08 Ordinance for Adoption Ordinance Amending Noise Ordinance Violations and Imposing D-3a Administrative Penalties Ordinance No. 2181 Recommendation is that the City Council adopt the following ordinance: ORDINANCE NO. 2181 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTIONS 15-85 AND 15-94 RELATING TO THE REGULATION OF NOISE Award of Bid D-4 Personal Protective Equipment — Award of Purchase Protective Equipment Purchase Recommendation is that the City Council take the following actions: 1. Approve an award of purchase for fifteen (15) sets of Personal Protective Equipment (PPE) from Fisher Scientific Company for a total cost of $28,115.85 based on pricing awarded at the January 15, 2008, City Council meeting. 2. Approve future PPE purchases from Fisher Scientific Company based on the formal contract established by the City of Glendale and extended through September 2009. Prices for additional purchases will increase five percent (5%) over the 2008 prices. Future PPE expenditures will not exceed the amount budgeted for PPE replacement each year. D-5 Traffic Committee Minutes of October 21, 2008 (accept & file) Traffic Committee Minutes I. Carol Campo, West Covina resident That speed humps be installed along Forecastle Avenue between La Puente Road and Pinefalls Drive. 5 City Council Minutes of November 4, 2008 D-6 Treasurer's Report Traffic Committee Recommendation: That speed humps be installed along Forecastle Avenue between La Puente Road and Pinefalls Drive with the appropriate warning signs. City Treasurer's Report (receive & file) Report for the Month of September 2008 D-7a Miscellaneous — City Manager's Office Blue Star Banner Program Blue Star Street Banner Program Recommendation is that the City Council: 1. Gift the Blue Star Banner to residents once their family member leaves the armed forces, and 2. Establish a Blue Star Street Banner Fund to receive donations from residents or businesses to assist in the cost of the Blue Star Street Banner Fund. Miscellaneous — Community Services Mid -Valley Corridor Transportation Corridor Feasibility Study, D-7b Request for Appropriation Transportation Feasibility Study Recommendation is that the City Council appropriate up to $15,000 from Proposition A Funds, Account 121.51..51 xx.xxxx to subsidize the joint Mid -Valley Transportation Corridor Feasibility Study. D-7c Miscellaneous — Public Works Department MD 4 — Public Meeting Landscape Maintenance District No. 4 — Public Meeting Recommendation is that the City Council receive and file this report. D-8 AB1234 Conference and Meeting Report Conference & Meeting Report International Economic Development Council Recommendation is that the City Council receive and file this report. CONSENT CALENDAR ACTION Motion by Herfert and second by Touhey to waive further reading of the ordinance and adopt, and approve all items on the consent calendar. Motion carried 4 — 0. PUBLIC HEARINGS Public Hearing E-1 Fees and Charges (Overnight Parking Permit Fee) Parking Pen -nit Fee This item was considered at the beginning of the meeting following Presentations. Appeal Hearing Appeal of Planning Commission Approval of Conditional Use Permit No. 07-012, Administrative Use Permit No. 07-27, and Planning Director's Modification No. 07-18 Applicant: Juan Corona E-2 Appellant: Ronald J. Lauciello Corona Bar & Grill Appeal Location: 232 S.'Glendora Avenue Motion by Touhey and second by Herfert to open the public hearing and continue this hearing to the December 2, 2008 City Council meeting. Motion carried by 4 — 0. G City Council Minutes of November 4, 2008 COMMUNITY DEVELOPMENT COMMISSION Mayor Lane recessed the City Council meeting at 10:47 p.m. to convene the CDC. The City Council reconvened at 10:48 p.m. with all members present except Councilmember Sanderson. DEPARTMENTAL MATTERS Public Works Department Ordinance for Adoption Ordinance Amending the West Covina Municipal Code G-1 Relating to Overnight Parking Ordinance — Overnight Parking This item was moved forward to be discussed in conjunction with Item E-1. Motion by Touhey and seconded by Herfert to continue the following items to the December 2, 2008 meeting: Finance Department G-2 2007-08 and 2008-09 Fiscal Years Budget Update Budget Update Continued to December 2, 2008. City Manager's Office G-3 Electronic Waste Collection and Recycling Services Electronic Waste/Recycling Continued to December 2, 2008. Police Department G-4 Towing Services Contract Towing Contract Continued to December 2, 2008. COUNCILMEMBER COMMENTS ADJOURNMENT Sub ted by: Assistant.CH-Clerk Mayor Lane adjourned the meeting at 10:49 p.m. Susan Rush Mayor Sherri Lane c"